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CC MINS 19930504M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING May 4, 1993 The meeting was called to order at 7:07 P.M. by Mayor Brooks at the Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: KUYKENDALL, McTAGGART AND MAYOR BROOKS ABSENT: BACHARACH Also present were City Manager Paul Bussey, City Attorney Carol Lynch, Director of Environmental Planning Bret Bernard, Director of Public Works Trent Pulliam, Assistant City Manager Pamela Antil, Finance Director Brent Mattingly, Senior Administrative Analyst Veronica Dolleschel, Administrative Analyst Rick Otto, Planning Administrator Carolynn Petru, Associate Planner Terry Silverman and Senior Planner Joel Rojas. CEREMONIAL EVENT (304) Mayor Brooks presented resident Sue Warhol with a plaque citing her as Citizen of the Month for May, commemorating the 20th anniversary of the Reach program and Ms. Warhol's efforts to save the program. APPROVAL OF AGENDA The agenda was modified to add the recycle drawing after the Consent Calendar and to remove Item #20 (Picketing Control Ordinance) from the agenda. Item #10 (Variance No. 347 -- Appeal) was moved from the consent calendar to become the last item on Continued Business. Mayor Brooks moved, seconded by Councilman McTaggart to approve the changes and the motion passed without objection. CONSENT CALENDAR The amended consent calendar was approved as follows on the motion of Mayor Pro -Tem Kuykendall, 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. ORDINANCE NO. 287 - CITY COUNCIL REGULAR MEETING DAYS (307) Adopted ORDINANCE NO. 287 OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING REGULAR MEETING DAYS AND AMENDING CHAPTER 2.04 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. LATE CLAIM APPLICATION (303) Rejected Ronald Morrison's application for leave to present a late claim, and directed the City Clerk to notify the claimant of the City Council's action. ANNUAL AUDIT SERVICES (602) Awarded a three -year contract to the CPA firm of Diehl, Evans and Company to provide audit services for the City and Redevelopment Agency beginning with fiscal years 1992 -93. RESOL. NO. 93 -34 - RESOL. NO. 93 -35 - RESOL. NO, 93 -36 CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT (901) Adopted (1) RESOLUTION NO. 93 -34 INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 1993 -94 AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. (2) Adopted RESOLUTION 93 -35 APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 1993 -94. (3) Adopted RESOLUTION NO. 93- 36 DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 1993 -94 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE, AND APPOINTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. (4) Directed staff to set June 15, 1993, 7:00 pm, at Hesse Park, for a public meeting on the proposed levy of assessments for fiscal year 1993 -94. (5) Directed staff to provide notice of the public meeting and public hearing in accordance with law. LIBRARY BENEFIT ASSESSMENT LEGISLATION (1001) Joined the Palos Verdes Library District in support of SB 566. LEGISLATIVE ACTIVITIES (306) Joined the League of California Cities in supporting SB 1140 and AB 764; and opposing SCA 22, SB 114, AB 1887, AB 1678 and AB 2172. PALOS VERDES DRIVE SOUTH RECONSTRUCTION PROJECT (1204 x 1404) Awarded the project to Griffith Company for $1,081,017.50. RESOL. NO. 93 -37 - PALOS VERDES DRIVE EAST REALIGNMENT PROJECT -PHASE II GUARDRAIL PROJECT (1204 x 1404) (1) Awarded the project to Copp Contracting for $24,972.00 (2) Adopted RESOLUTION NO. 93 -37 TO INCREASE APPROPRIATIONS BY $14,000 IN THE CAPITAL PROJECTS FUND TO COVER ANTICIPATED COSTS OF COMPLETING THIS PROJECT. RESOLUTION NO. 93 -38 - REGISTER OF DEMANDS Adopted RESOLUTION NO, 93 -38 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. Lois Larue, 3136 Barkentine Road, addressed some concerns she had regarding Consent Calendar items, including criticism of the councilmembers travel expenses. Mayor Brooks stated that Ms. Larue's constant appeals on every permit had cost the City so much money that installations of much needed gabions had been delayed, and that Ms. Larue's constant negative actions, complaints and 2 May 4, 1993 dissemination of misinformation did not serve the public good, and were a constant drain on City time, money, and limited human resources. Mrs. Brooks also pointed out that Ms. Larue has the opportunity to meet privately with the City Manager to discuss any issue, but that she chose not to take advantage of this privilege, and instead seemed to prefer public confrontation. The motion to approve the consent calendar carried on the following roll call vote: AYES: McTAGGART, KUYKENDALL and MAYOR BROOKS NOES: NONE ABSENT: BACHARACH RECYCLE LOTTERY DRAWING N P.V. News reporter Gary Amo drew the cards from the recycling drum. CONTINUED BUSINESS VOICE MAIL SYSTEM (602) Resident Ken Delong made a short presentation addressing the operational and installation aspects of a voice mail system and presented a five -year purchase and maintenance cost chart for an AT &T update. Assistant City Manager Antil stated that the current AT &T system utilized at City Hall was five years old and had experienced some problems and that the AT &T proposal included upgrades to the existing software but did not include the purchase of new phones for all employees. Additionally, Ms. Antil explained that the staff was not making a recommendation for purchasing a particular system; rather, the recommendation was to determine if the Council wished to include funding in the Fiscal Year 1993 -94 budget for a voice mail system. Council then suggested that staff check out the monthly lease factor number and that the automated attendant aspect be used after hours or on an information line. It was the consensus that staff bring this proposal back with the budget deliberations, find a way to reduce the costs somewhat, and improve the current level of service. Ms. Antil stated there was no suggestion to eliminate any staff; rather the improved system would increase the productivity of the current staff. City Manager Bussey stated he would analyze the possible cost savings under the proposed system. Lois Larue, 3136 Barkentine, complained that the expenditure was too high. ORDINANCE NO. 288 - SMOKING (801) The staff report of May 4 was presented by Administrative Analyst Otto who recommended that the proposed ordinance be introduced to amend the Municipal Code to regulate smoking in restaurants, bars and City facilities; and, to support AB 13, provided that local governments would be permitted to enact or implement stronger restrictions if the bill or future laws weakened a 3 May 4, 1993 statewide ban. Kenneth Carpentier, 1368 West 18th St., San Pedro, owner of a restaurant in the City, stated he would like to have the full council present for a vote, and doesn't think the ordinance would be fair. Mayor Brooks pointed out that this was the third time this item had been discussed, with much testimony, and compelling evidence existed against secondhand smoke. Scott Gobble, Palos Verdes Chamber of Commerce, 505 Maple Street, Torrance, stated that their Executive Committee had voted 7 to 1 against either ordinance, and that it should be under the discretion of the individual establishment or by Assembly Bill 130 Council then commented on the fact that the EPA and the State would also be dealing with this issue eventually, that perhaps there might be difficulty with gaining full compliance with the ban, and that while the ban was a good idea it might still adversely affect the Rancho Palos Verdes businesses that compete with LA businesses across the street in the Western Avenue area. The suggestion was made to look at a 50% non - smoking requirement for a bar area, and to require an air purification system with the smoking area located furthest away from the eating area, and to examine this issue again in six months in tandem with AB13 status. Mayor Pro -Tem Kuykendall moved to introduce Ordinance No. 288 with the following changes: Removing chapter 8.28.50 regarding culpability; not requiring physical alterations to any establishment; requiring air purifiers with on -site maintenance logs; and location of the smoking area furthest away from the eating area. Mayor Brooks seconded the motion, which passed without objection. ORDINANCE NO. 288 OF THE CITY OF RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING CHAPTER 8.28 TO REGULATE SMOKING IN RESTAURANTS, BARS AND CITY FACILITIES. It was also requested that the item be placed on the Status of Directives for re- examination in six months. ADOPT -A -ROAD PROGRAM (1402) The staff report was presented by Senior Administrative Analyst Veronica Dolleschel, who recommended that the program be initiated with business contributions, and focusing primarily on litter removal. Lois Larue, 3136 Barkentine, spoke in favor of the program, and in opposition to providing refreshments to the volunteers. Without objection, the item was continued to the May 18, 1993 City Council meeting so that staff could provide additional information concerning current litter removal costs. ORDINANCE NO. 289 - GRAFFITI PREVENTION AND REMOVAL (120.6 x 1405) Mayor Pro -Tem Kuykendall moved to waive the staff report and introduce Ordinance No. 289 - OF THE CITY OF RANCHO PALOS VERDES RELATING TO GRAFFITI PREVENTION AND REMOVAL AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. The motion was seconded by Mayor Brooks and carried. RECESS AND RECONVENE 4 May 4, 1993 At 8:37 P.M. the Mayor declared a recess. The meeting reconvened at 8:47 P.M. RESOLUTION N09 93 -39 (VARIANCE N0. 347 -- APPEAL) (1804) Howard Weinhuff, 26108 Basswood, spoke against the staff recommendation to uphold the appeal and overturn the Planning Commission's denial of the Variance, and asked that the property owner continue to seek compromise. Nat Panah, 5561 Graylog, appellant, spoke in support of the staff recommendation. Director Bernard added that modification had been made to Condition #6 to answer a neighbor's concerns regarding location of fencing and language had been added to Condition #7 addressing height of screening. A brief discussion ensued regarding screening or trimming of the deck for privacy reasons and staff explained how trimming the deck would not significantly reduce privacy concerns and that attaching a screening barrier would create significant view impairment for the appellant. Councilman McTaggart moved to adopt RESOLUTION NO. 93 -39 UPHOLDING THE APPEAL AND OVERTURNING THE PLANNING COMMISSION'S DENIAL OF VARIANCE NO. 347, THEREBY APPROVING EXTENSIONS TO AN EXISTING DECK OVER THE EXTREME SLOPE LOCATED AT 5561 GRAYLOG STREET clarifying Condition #6 to make it clear that a planter and latticework be on the subject property only, and that installation of any latticework on the subject property be done without any view impairment to either property interspersed among the remaining cypress trees; and that Condition #1 be amended to require review and approval by the Director of Environmental Services. The motion was seconded by Mayor Brooks and carried without objection. REGULAR BUSINESS ISLAND VIEW SEMI - PRIVATIZATION OF STREETS (1408) The staff report of May 4 was presented by City Manager Bussey who recommended that staff be directed to prepare the necessary agreements with the Homeowners Association to pay for street maintenance if the Council wishes to make the streets semi - private. Tom Coull, 49 Santa Catalina, representing the Island View Homeowners Association, stated they would provide the City with funds towards maintenance of the streets. City Attorney Lynch stated that since the vehicle code prohibits selective entry devices on public streets, it would be necessary to vacate the street on Whitley Collins to adjacent homeowners, and to dedicate the easements back to the Homeowners Association. Sunshine, 6 Limetree Lane, suggested that encroachments on some trail easements within the development be corrected, and that the currently designated pedestrian only easement be re- recorded. During Council discussion of this matter concern was expressed that there was 5 May 4, 1993 no clear indication that the homeowners were interested in total privatization, that maintenance costs would increase and the suggestion was made that the Association find a way to make the streets totally private instead of only semi- private. However, it was pointed out privatization might be a good idea in light of the current crime situation. Tom Coull stated that total privatization was unlikely since it would be extremely difficult to obtain legal documents granting easements to the Association from every homeowner in the tract. Without objection, the item was continued to the June 1, 1993 meeting. GENERAL PLAN AMENDMENT INITIATION (701) The staff report of May 4 was presented by Associate Planner Silverman, with the recommendation that the Council approve the request by Marymount College to initiate an amendment to the General Plan to allow single family residential development on property currently designated for institutional purposes. James Darling, 3300 Irvine Boulevard, Newport Beach, the applicant's architect, agreed to change the land configuration in the western portion of the lot as per the staff recommendation, and stated they were looking at creating four to six individual lots. Dr. Thomas McFadden, 30800 Palos Verdes Drive West, president of Marymount College, stated that if the General Plan Amendment and related applications were granted, proceeds garnered from the sale of the land would create funds to help pay for a much - needed building on the Marymount campus. Lois Larue, 3136 Barkentine, spoke against the staff recommendation. Mayor Pro -Tem Kuykendall moved to adopt the staff recommendation to initiate the amendment to the General Plan. The motion was seconded by Councilman McTaggart and carried. LANDSLIDE MORATORIUM EXCEPTION NO. 5 - APPEAL (1801) The staff report of May 4 was presented by Senior Planner Joel Rojas with the request for direction regarding interpretation of the moratorium ordinance with respect to building deterioration. Joanne Gonzalez, 57 Narcissa, applicant, stated that her house was more than 60 years old, had no foundation, and completely deteriorated wiring and heating, and asked for permission to rebuild to bring the house up to Code. Councilman McTaggart moved to make findings as per the staff recommendation to.. approve the appeal, thereby approving Landslide Moratorium Exception Permit No. 5 for the proposed project, based on the determination that the project is unique as the existing structure is over 60 years old and the level of restoration needed to upgrade the structure to substantially comply with the Code warrants a complete tear down and rebuild.. The motion passed without objection. SMOKING ORDINANCE (801) 6 May 4,1993 City Attorney Lynch read suggested changes to the ordinance from Exhibit "A" as per earlier Council direction . VERBAL CITY COUNCIL REPORTS Mayor Pro -Tem Kuykendall updated the Council on the PVP Regional Sheriff's Committee, including any suppression, graffiti ordinances, Peninsula bank robberies and traffic enforcement. They will also hold training sessions on how to better handle street closures, plan to implement a volunteer response team, and are analyzing the impact of motorcycle patrols. Councilman McTaggart suggested that the Committee look at charging repeat "party offenders" as well as theater owners to encourage susceptible businesses to hire their own security deputies. Mayor Brooks reported that she had received positive feedback from the Peninsula Rim and Ladera Linda Homeowners Associations regarding the utility tax. Mrs. Brooks also stated that as a SCAG representative for ten cities, she had attended a study in Mexico City regarding the North American Free Trade Agreement, and explained the positive aspects of the proposed treaty. STATUS OF DIRECTIVES Per written material of record. ADJOURNMENT At 10:45 P.M. Mayor Brooks moved, seconded by Councilman McTaggart to adjourn the meeting 7:00 P.M. on May 10, 1993 at the Community Room in City Hall for a budget workshop. 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