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CC MINS 19930601M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JUNE 11 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, McTAGGART, AND MAYOR BROOKS LATE ARRIVAL: BACHARACH @ 9:30 P.M. Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, Environmental Services Director Bret Bernard, Planning Administrator Carolynn Petru, Senior Analyst Veronica Dolleschel, City Attorney Carol Lynch and City Clerk Jo Purcell. CITIZEN OF THE MONTH - SUE KERSEY (304) As part of the City's 20th Anniversary Celebration Mayor Brooks presented a Certificate of Recognition to Sue Kersey, Past President of the Los Serenos de Point Vicente. In particular, Mayor Brooks cited Ms. Kersey' s efforts in making the docent organization self - governing and self - sustaining. Under her direction, the docents have become more involved in the operation of the Center. PROCLAMATION TO MIRA CATALINA ELEMENTARY SCHOOL (304) Mayor Brooks presented to Karen Jaconi, principal of the Mira Catalina Elementary School, a proclamation in recognition of that School receiving the State of California Distinguished School Award for 1993. Mayor Brooks then showed the 20th Anniversary flags that will be displayed at the entrance to the City in recognition of the 20th anniversary of the City's incorporation on September 7, 1973. RECYCLE DRAWING Gary Amo, the reporter for the Palos Verdes Peninsula News, drew three cards for the recycle winners for the upcoming months. APPROVAL OF AGENDA The agenda was approved on motion of Councilman McTaggart, seconded by Councilman Kuykendall. Motion carried. APPROVAL OF CONSENT CALENDAR Staff requested that the item regarding the loan to the Redevelopment Agency be removed and be scheduled for the June 15 agenda. Speaking to the following items on the Consent Calendar was Lois Larue, 3136 Barkentine: Minutes of May 18 regarding reference to Salvation Army architecture; City Investment Policy - inquired about funds in the Rockinghorse Road Assessment District; Distribution of Excess Transit Funds - questioned accuracy of this distribution formula; Community Development Block Grand Funds - questioned what provisions have been made for low and moderate income housing; Annual Right -of - CITY COUNCIL MEETING JUNE 1, 1993 PAGE 1 Way Spraying Contract - questioned the necessity of this spraying contracts Annual Building Maintenance Contract - inquired about what happened to P. V. Maintenance Company; and, Annual Park & Median Landscape Maintenance Contract - questioned why additional funds were needed by the Public Works Department. Apropos the investment policy, Council stated that such a policy is adopted annually, that the key components of the policy were safety, liquidity and yield. Councilman McTaggart moved, seconded by Councilman Kuykendall to approve the Consent Calendar as follows: 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 April 20, and May 18, 1993. CITY INVESTMENT POLICY FOR FISCAL YEAR 1993 -94 (602) Adopted the investment policy for fiscal year 1993 -94. DISTRIBUTION OF EXCESS TRANSIT FUNDS (1505) Approved the distribution of $153,764 in the old P.V. Transit and Dial -a -Ride Funds to the member cities. GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES (3018) Authorized the Mayor and City Clerk to execute the proposed General Services Agreement with the County of Los Angeles covering the period from July 1, 1993 through June 30, 19989 RESOLUTION NO. 93 -46 - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) THREE YEAR COOPERATION AGREEMENT (601) Adopted RESOL. NO. 93 -46 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING AND AUTHORIZING AN AGREEMENT BY AND BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE COUNTY OF LOS ANGELES FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SERVICES. ANNUAL RIGHT -OF -WAY SPRAYING CONTRACT FOR FISCAL YEAR 1993 -94 (1204) Authorized staff to award the Fiscal Year 93 -94 Right -of -Way Weed Control contract to RPW services for an amount not to exceed $16,488. ANNUAL BUILDING MAINTENANCE CONTRACT (1204) Authorized staff to award the Fiscal Year 93 -94 Building Maintenance contract to Metro Building Maintenance for an amount not to exceed $40,920. ANNUAL PARK & MEDIAN LANDSCAPE MAINTENANCE CONTRACT FOR FISCAL YEAR 1993 -94 (1201 X 1204) Awarded the Fiscal Year 1993 -94 park and median landscape maintenance contract to Bennett Enterprises for an amount not to exceed $204,264. Rejected Miraposa Horticultural Enterprises' bid and release their bid security. CITY COUNCIL MEETING JUNE 11 1993 PAGE 2 SOURCE REDUCTION AND RECYCLING ELEMENT IMPLEMENTATION (1301) Authorized staff to award the work to Charles Abbott Associates, Inc. to implement the City's source reduction and recycling element per the proposal dated May 19, 1993 for an amount not to exceed $29,720, plus expenses. INITIATION OF VACATION PROCEDURE FOR A SLOPE EASEMENT LOCATED NEAR PALOS VERDES DRIVE SOUTH (1408) Initiated vacation proceedings in accordance with Resol. No. 90 -93 for the slope easement on or near a portion of 6172 Arrowroot. INITIATION OF VACATION PROCEEDINGS FOR EXCESS RIGHT -OF -WAY ON PALOS VERDES DRIVE EAST (1408) Initiated vacation proceedings in accordance with Resolution No. 90 -93 For excess Rights -of -Way on Palos Verdes Drive East adjacent to 4301 Via Frascati. RESOLUTION NO. 93 -47 - TRACT NO. 40640 (1411) ADOPTED RESOL, NO. 93 -47 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES THEREBY APPROVING TRACT NO. 40640 AMENDMENT NO. 4 THEREBY APPROVING A MAXIMUM LOT COVERAGE NOT TO EXCEED 25% OF THE AREA FROM THE FRONT PROPERTY LINE TO THE TOP OF THE BLUFF AND AMENDING CONDITION NO. 42 OF TRACT NO. 40640 TO INCREASE THE MAXIMUM RIDGE HEIGHT TO TWELVE FEET OR AN ELEVATION OF 223.0 FT. ABOVE THE HIGHEST POINT OF EXISTING GRADE ON THE LOT TO BE COVERED BY THE STRUCTURE ON LOT 11 #11 MARGUERITE DRIVE. RESOL. NO. 93 -48 REGISTER OF DEMANDS Adopted RESOLUTION NO, 93 -48 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: KUYKENDALL, McTAGGART AND MAYOR BROOKS NOES: NONE ABSENT: BACHARACH PUBLIC HEARINGS: DELINQUENT REFUSE ACCOUNTS (1301) Director of Finance Mattingly presented the staff report of June 1 and the recommendations to: (1) adopt the proposed resolution and (2) Direct staff to submit delinquent accounts that have not been paid by June 30, 1993 to the Los Angeles County Auditor Controller for inclusion on the 1993 -94 tax roll as well as impose liens on said properties with the L. A. County Recorder. Director Mattingly stated that about fifty complaints had been received about this matter; the majority of these callers said that this was the first notification of the delinquency. Speaking against the staff recommendation were the following individuals: Karen Witteles, 6709 E1 Rodeo Drive; Margaret Tsang, 28812 Doveridge Dr.;Glenda Urmacher, 5 Pony Lane, RHE, and, Koichi Nakanishi, 29182 Palos Verdes Drive East. These speakers questioned the fairness of requiring a landlord to be responsible for a delinquent account inasmuch as they were unaware and had no notification CITY COUNCIL MEETING JUNE 1, 1993 PAGE 3 that a tenant had not paid the bill. Another concern was the accuracy of the bill since one speaker cited the fact that her tenant had been paying since July, 1992. There being no further public testimony, Mayor Brooks declared the hearing closed. Director Mattingly reminded Council that last year the Council reduced the administrative fee to $25 for vacant property; and, that the City has been advised that Waste Management is not advising people of the temporary vacancy discount. Councilman Kuykendall moved, seconded by Councilman McTaggart not to put any account to lien if the property owner can show that the City ordinance as it relates to the billing process, was not followed by either Waste Management or Ivy Rubbish Disposal. Motion carried. Council then commented that property owners should notify the trash haulers of any change in tenancy within 30 days; that it was incumbent upon rental property owners to know what bills are placed on their property, and, reiterated their dissatisfaction with having the City in the position of collecting these delinquent accounts for the trash haulers. COMMUNITY DEVELOPMENT BLOCK GRANT - 1993-94 PROJECT LIST (601) Senior Analyst Veronica Dolleschel presented the staff memorandum of June 1, 1993 and the recommendation to conduct the public hearing, consider any testimony and approve the proposed FY 1993-94 CDBG projects: Palos Verdes Drive South Reconstruction ($156,135); REACH Developmentally Disabled Youth Project ($52,000); and, Administrative Project ($10,000). Recess & Reconvene: At 7:57 P.M. Councilman McTaggart left the meeting at which time Mayor Brooks declared a recess because of lack of a quorum. The meeting reconvened at 8:00 P.M. Lois Larue, 3136 Barkentine, questioned the appropriateness of the recommended uses.. City Manager Bussey responded that the City qualifies for these funds and is audited; if the City didn't qualify it would not receive the funds, the attempt is not to provide low income housing, but to the extent possible, to help low income people; that even though many of the REACH people are from outside the City, they are considered low income in their own right; and, that CDBG staff believe that the REACH Program is an appropriate use of these funds. Councilman Kuykendall moved, seconded by Mayor Brooks to close public hearing and approve staff recommendation. Motion carried. REGULAR BUSINESS: VACATION OF SEA RAVEN DRIVE, LEGAL DESCRIPTION, ADJUSTMENT (1408) Staff recommended that Council approve a minor adjustment to the original legal description adopted with the vacation approval. Councilman Kuykendall moved, seconded by Councilman McTaggart to waive reading Of staff report and approve staff recommendation to approve a minor adjustment to the original legal description adopted with the vacation approval. Motion carried. Staff reported that a resolution memorializing this action would be prepared for CITY COUNCIL MEETING JUNE 1, 1993 PAGE 4 the June 15 meeting. GUIDELINES FOR DEVELOPMENT IN THE MORATORIUM AREA (1900) City Manager Bussey presented the staff report of June 1 and stated that this was the beginning of a process for public and Council review; that before it is completed, no doubt, changes will be made to these guidelines. He then referred to the posted maps delineating the various zones in the landslide area. Referring to the May 26, 1993 memorandum from City Geologist Perry L. Ehlig, the subject of which was "Suggested Guidelines for Permitting Development in the Moratorium Area ", Mr. Bussey gave a brief overview of the Background and Suggested Guidelines for Zones 2, 3,4, 5, 6, 7, and the Flying Triangle. (Dr. Ehlig's Report is on file with the City Clerk's Office.) Speaking in opposition to any development in the moratorium area was Lois K. Larue, 3136 Barkentine Road. Ms. Larue summarized her understanding of the effects of the drainage from the Presley Tract and the City's investigation of the effects of that drainage. Sharon Hegetschweiler, 6 Clovetree Place, speaking as President of Portuguese Bend Community Assoc., distributed copies of architectural standards,developed by the Association. She said that the Association felt these standards would maintain the ambience of the community; the Association has not taken a position for or against development in the area; that, speaking as a private citizen, she felt that the unsubdivided areas should be left alone, and suggested that the City work closely with the Association. Dave Ruth, 40 Cinnamon Lane, stated that he has been concerned about this for some time and referred to his March 20, 1992 letter to the City Council requesting consideration for exemption from the moratorium for a piece of property he owns and on which he want to build a new home. (This letter is on file with the City Clerk's Office.) Richard Bara, 1 Peppertree Drive, stated that the moratorium was properly based and that no building should be allowed in the area; that the City was changing its position and encouraging building in this area; and, inquired about the status of the RSA5 coastal slope rezoning idea. City Manager Bussey responded that the Council never initiated or funded that study; that the Council has never said one unit per 5 acre; and that the matter had been before the Council in last year's the budget but that funding was never appropriated. Jesus Gutierrez, 1324 W. 35th Street, San Pedro, owner of property in this area stated that he was excited and encouraged by the plan to allow building; that he has worked with Portuguese Bend Association on the guidelines and hoped that in time that he would be given opportunity to build in the area. Al Edgerton, 59 Oceanaire Drive, owner of property just above the moratorium area, and representing the Del Cerro Homeowners Association, requested that the City allow ample time for public participation in the debate of these guidelines. Recess & Reconvene: At 8:37 P.M. the Mayor declared a recess. The meeting reconvened at 8:50 P.M. Responding to Council inquiries was City Geologist Dr. Perry Ehlig who stated, in part, that within the moratorium area there would be restrictions such as groundwater control and other permanent ongoing landslide abatement activities that are not placed on other lands. Responding to a question relative to certain CITY COUNCIL MEETING JUNE 1, 1993 PAGE 5 methods of testing to determine safety factors, Dr. Ehlig stated that calculation of these factors are in the purview of the geotechnical engineer; things such as the type of clay and groundwater level must be taken into account when making the calculations. Dr. Ehlig stated he felt the real issue should be Zone 2: the factors effecting stability of the area are the level of the ground water and whether or not the Abalone Cove Landslide is maintained in a stable condition; that we have the ability to keep the area in a stable condition; we must make sure that the water level in the upslope area must be kept below historic "highs; " and, that planned remedial measures will cause that water level to drop. During the past month 116,000 gal. per day were produced from the eleven wells in the Abalone Cove area, 15,000 of which were from the five wells in the Abalone Cove slide, and 101,000 were from six wells upslope of Abalone Cove. He said that if additional wells are installed the ground water can be controlled; and, that lowering of the water level will increase the factor of safety. With regard to whether there was a formula that would outline the methods and standards to use in the geology testing, Dr. Ehlig responded that there were a variety of testing methods that are used and it might be difficult to challenge those methods. He emphasized that this was a joint review between geologists and engineers. Council discussion then focused on the process necessary to work through this approval of development standards: if they should be prepared in the form of an ordinance, and whether the next step would be to hold a work session and then a public hearing. It was the consensus that staff should prepare an ordinance, that a study session should then be held, and then Council would proceed to a public hearing on the matter. GREEN WASTE PROGRAM IMPLEMENTATION (1301) George Wentz of Charles Abbott Assoc. presented the staff report of June 1 and the recommendation that Council authorize implementation of a pilot yard (green) waste program as proposed for single family residence. (Councilwoman Bacharach arrived at 9 :30 p.m.) Lois Larue, 3136 Barkentine, described the notification and the subsequent yard clean -up process she goes through annually with the L. A. County Fire Department. Last time her yard was cleared, it resulted in 31 sacks of green waste. She requested that the green waste program be started immediately. (The Mayor informed Ms. Larue that she had used up her 10 minute limit on addressing the City Council.) Councilman McTaggart moved, seconded by Councilman Kuykendall to implement this pilot program. Motion carried. CODE AMENDMENT INITIATION REQUEST BY THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT (1801) x (1401) Planning Administrator Petru presented the staff memorandum of June 1 and the recommendation to approve the request to initiate a Code Amendment to modify Code Section 17.28.020, but deny the request for a fee waiver. Council then brief ly discussed if turning institutional areas into commercial zones was in the best interest of the City; whether the home occupation guidelines could be used as a model to accommodate this request, if this request CITY COUNCIL MEETING JUNE 1, 1993 PAGE 6 should be heard by the Planning Commission and their recommendation forwarded to the Council; and, that if commercial uses were proposed, the School District should be required to pay the City's fees. Councilwoman Bacharach moved, seconded by Mayor Brooks to adopt the staff recommendation. Motion carried on a 3 - 1 vote, with Councilman McTaggart voting in Opposition. STUDENT AND THE LAW; ASSET SEIZURE FUNDS (1206 x 1705) Assistant -City Manager Antil presented the staff memorandum of June 1 and the recommendation to authorize the staff to place the $3,200.52 in Asset Seizure Funds received from the Los Angeles County Sherif f ' s Department in a special fund to be used to supplement the private and public funds being raised to reinstate the Student & The Law Program. Elizabeth Kelly, 6611 Vallon Drive, stated that the City should give $13,000 as its fair share for this program; and, that the other cities are willing to give their contribution. Councilman McTaggart moved, seconded by Councilwoman Bacharach to adopt the staff recommendation. Motion carried. PRIVATIZATION OF ISLAND VIEW STREETS (1408) City Manager Bussey presented the memorandum of June 1 and the recommendation that if Council wished to allow the semi - privatization of these streets that staff be instructed to take the necessary steps to vacate a portion of Whitley Collins Drive. Additionally, staff should be directed to prepare the necessary agreement requiring the Island View Homeowners Association to pay for the maintenance of streets in the tract and to secure an irrevocable offer of dedication for the vacated portion of Whitley Collins Drive. Continuing with his report, Mr. Bussey said there were a number of issues raised but most paramount among them was the vacation or abandonment of Whitley Collins Drive. Representing the Island View Homeowners Association was Tom Coull, 49 Santa Catalina Drive, who stated that only four people have not paid initial fees demanded for this year; that those people have houses up for sale and are not necessarily negative about privatization; that he has discussed this matter with the two residents impacted by the agreement and that they have agreed in the affirmative; that he would like the City to get started with this process. In an effort to clarify this matter, City Attorney Lynch stated that Whitley Collins would be maintained by the homeowners; that the other streets would be public and would be maintained by the City. Requesting to speak again, Ms.Larue was informed by the Mayor her that she had exhausted the allotted 10 minutes to address the Council as set out in the Council Rules of Procedure. Council then discussed if this matter should move ahead to determine if this privatization was viable; if gating -off this area should really be permitted since this was a scenic point ;if it could be pursued along the lines of getting dedication by homeowners since this would be the preferred course if the homeowners wished to pay for maintenance; the fact that the streets would be partially the City's responsibility and partially the homeowners responsibility and the confusion this arrangement would present; the safety problems experienced by this community thus giving rise to this request; and, the fact that one CITY COUNCIL MEETING JUNE 1, 1993 PAGE 7 homeowner could hold up this vacation process. Councilman McTaggart moved, seconded by Mayor Brooks to proceed with this vacation process. The motion failed on a two - two vote with Councilmembers Bacharach and Kuykendall voting in opposition. CITY COUNCIL REPORTS: Verbal Reports: Councilman McTaggart spoke to the "Emergency Alert" flyer which had been distributed in residents' mail boxes. He requested that the City Manager prepare a statement pointing out the deficiencies of this "Alert." The suggestion was made that an article be prepared for the next issue of the Newsletter explaining the problems with such flyers that do not identify the sender. Another concern was the mistaken impression given by this flyer that the City did not appreciate the volunteer efforts of the Long Range Finance Committee. Town Hall Meetings: Councilman Kuykendall reported on the attendance at and the subjects discussed at the two town hall meetings held in late May and encouraged residents to attend the upcoming meetings scheduled for June 3, 8 and 12. Mayor Brooks reported on her attendance at the Eight Annual Green Hills Memorial Day ceremony and expressed gratitude to the Green Hills organization for providing this public service. Smoking Ordinance - Mayor Brooks reported that she would be appearing before the L. A. City Council to promote the adoption of a no smoking ordinance by that council. CITY MANAGER REPORTS: Status of Directives: No changes were made to the document as presented. AUDIENCE COMMENTS: Mr.Shafig Zadeh, 29620 Island View Drive, requested that his application for a zone change and code amendment for the property located on the corner of Hawthorne and Crest Road be tabled by the Council until there is a five member Council again. After discussion of whether the applications could be denied without prejudice and the timeframe for resubmitting them, it was the consensus that at the June 15 meeting, the Council could adopt a resolution memorializing the Planning Commission action and the subsequent Council action of May 18. Councilman Kuykendall moved, seconded by Councilman McTaggart that such a resolution be prepared for the June 15 agenda and, if the applicant agrees to pay for the renoticing that the matter be set for public hearing on July 6 to consider a shorter time than the standard one year in which the applicant could resubmit an application. Motion carried. RECESS & CLOSED SESSION: At 10:30 P.M. the meeting recessed and the Council immediately met in closed session under Government Code Section 54954(c). At 10:50 P.M. the meeting reconvened and the City Attorney announced that the Council had met in closed session to initiate legal proceedings against an individual who had been harassing a member of Council. CITY COUNCIL MEETING JUNE 1, 1993 PAGE 8 Adjournment: The meeting then immediately adjourned on motion of Councilman Kuykendall to Thursday, June 3 at 7:00 P.M. for a Town Hall Meeting to be held at Hesse Park. ATTEST: CITY -CLERK CITY COUNCIL MEETING JUNE 11 1993 PAGE 9