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CC MINS 19930720 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 20, 1993 The meeting of the Rancho Palos Verdes City Council was called to order at 6:30 P.M. by Mayor Brooks at Hesse Park Community Center, 29301 Hawthorne Boulevard and was immediately recessed to a closed session. The regular meeting of the City Council was called to order at 7:00 P.M. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: KUYKENDALL, McTAGGART, BACHARACH, & MAYOR BROOKS ABSENT: NONE Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, City Attorney Carol Lynch, City Clerk Jo Purcell, Planning Director Bret Bernard, Public Works Director Trent Pulliam, and, Finance Director Brent Mattingly. CLOSED SESSION: City Attorney Lynch reported that the City Council held a closed session and discussed the cases of Sierra Club vs. Rancho Palos Verdes, and Brooks vs. Kelly. APPROVAL OF AGENDA: Staff requested the addition of an item regarding the Sidewalk Repair Program, said matter being urgent in nature and having come to their attention after the preparation of the agenda. Councilman McTaggart so moved, seconded by Councilwoman Bacharach. Motion carried. The reports on Lunada Point permit parking and legislation were moved to later in the agenda. Councilwoman Bacharach moved, seconded by Councilman McTaggart to approve the agenda as amended. Motion carried. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine spoke to the following items: Inspection Services for Palos Verdes Drive South; Budget Adjustment for tax reform lawsuit; and, Code Enforcement Program. Parker Herriott, Hermosa Beach, requested that Audience Comments be set earlier in the meeting. Responding to Ms. Larue's inquiry about the City's participation in the Prop. 13 lawsuit, City Manager Bussey responded that the City was not fighting Proposition 13; rather it was opposing legislation intended to split the tax rate up after the passage of Prop 13. Relative to the placement of Audience Comments on the Agenda, Mayor Brooks stated that at the last meeting the Council voted to change it to a time certain and that the agenda for this meeting reflected such direction. Councilwoman Bacharach moved, seconded by Councilman Kuykendall to approve the agenda as follows: WAIVER OF FULL READING ADOPTED A MOTION TO WAIVE FULL READING 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 MAY 11 JUNE 29, AND JULY 61 1993. GUITY SEIF - CLAIM AGAINST THE CITY (303) REJECTED THE CLAIM AND DIRECTED THE CITY CLERK TO NOTIFY THE CLAIMANT. RESOL. NO. 93-67 ELECTION CONSOLIDATION (501) ADOPTED RE SOL. NO. 93-67 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDE S, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON NOVEMBER 21 1993, WITH THE SCHOOL DISTRICT ELECTION TO BE HELD ON SAID DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE, RESOL, NO. 93-68 - AMENDMENT TO COUNCIL RULES OF PROCEDURE (306) ADOPTED RESOL, NO. 93-68 AMENDING THE CITY COUNCIL OPERATING RULES AND PROCEDURES AND AMENDING RESOLUTION NO. 93-20. RESOL. NO. 93-69 - BUDGET ADJUSTMENTS (602 X 1204) ADOPTED RESOL. NO. 93-69 AMENDING RESOLUTION NO. 92-99, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1992-93, FOR A BUDGET ADJUSTMENT TO THE PROPOSITION "C" FUND. RESOL. NO. 93-70 - CONGESTION MANAGEMENT PROGRAM (CMP) (1505) ADOPTED RESOL, NO. 93-70 FINDING THE CITY IN COMPLIANCE WITH THE 1992 CONGESTION MANAGEMENT PROGRAM (CMP) AND APPROVING THE CMP CONFORMANCE CHECKLIST. RELEASE OF BOND FOR TRAIL IMPROVEMENT - ST. JOHN FISHER CHURCH (1804) AUTHORIZED THE CITY CLERK TO NOTIFY THE SURETY COMPANY AND PRINCIPAL THAT THE BOND ESTABLISHED FOR CONSTRUCTION OF TRAILS ADJACENT TO THE ST. JOHN FISHER CHURCH IN THE AMOUNT OF $12,000 HAD BEEN RELEASED. ANIMAL CONTROL CONTRACT - FISCAL YEAR 1993-94 (104) AUTHORIZED AN EXTENSION OF THE AGREEMENT WITH THE SOUTHERN CALIFORNIA HUMANE SOCIETY/SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (SPCA) TO PROVIDE ANIMAL CONTROL SERVICES WITHIN THE CITY OF RANCHO PALOS VERDES FOR FISCAL YEAR 1993-94, IN AN AMOUNT NOT TO EXCEED $117,700. PALOS VERDES DR, SO. RECONSTRUCTION - INSPECTION SERVICES (1404) (1) AWARDED THE PROFESSIONAL INSPECTION SERVICES WORK TO R&W HIGHWAY INSPECTION CO. ON A TIME AND MATERIALS BASIS IN ACCORDANCE WITH THE ATTACHED PROPOSAL DATED MAY 29, 1993. (2) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH R&W HIGHWAY INSPECTION CO. IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR AN AMOUNT NOT TO EXCEED THE APPROVED BUDGET FOR THIS ITEM OF WORK. RESOL, NO. 93-71 - BUDGET ADJUSTMENT FOR TAX REFORM LAWSUIT (602) ADOPTED RESOL. NO. 93-71 APPROVING A BUDGET TRANSFER TO PROVIDE FOR THE CITY'S SHARE OF COSTS ASSOCIATED WITH THE PROPOSITION 13 TAX REFORM LITIGATION. CODE ENFORCEMENT PROGRAM (201) REVIEWED THE STAFF REPORT AND DIRECTED THAT IT BE RECEIVED AND FILED. RESOL. NO, 93-72 REGISTER OF DEMANDS ADOPT RESOLUTION NO. 93-72. CITY COUNCIL MINUTES JULY 20, 1993 PAGE 2 The motion to approve the Consent Calendar carried on the following roll call vote: AYES: KUYKENDALL, McTAGGART, BACHARACH & MAYOR BROOKS NOES: NONE ABSENT: NONE STRATEGIC PLANNING - PUBLIC INPUT PROGRAM (306) Representing Transition Management Associates was Greg Hulsizer who presented a status report on the Focus Groups conducted by his organization. In his summary Mr. Hulsizer stated that the City, in conjunction with the City's 20th Anniversary, had embarked on a strategic planning process regarding the future of the City. This process began with a series of town hall meetings during May and June, 1993 and identified areas of citizen support, issues and concerns. Following those meetings, a series of focus groups was conducted to assess the importance of the issues raised at the Town Hall meetings with specific target groups and the community at large. Mr. Hulsizer then proceeded to summarize the information gathered during the focus group process. He said that the purpose of the focus groups was twofold: to provide qualitative information regarding issues and ideas from specific target groups and insight into shared and divergent perspectives. Additionally, the focus groups provided information to be used in preparing the citywide survey. Continuing with his presentation, he said that the focus group participants discussed four questions regarding: quality of life goals and priorities; service levels; financing, city services; and, city government's- relationship with its citizens. The target groups participating in the focus groups were: homeowners; young families; City committees/commission; senior citizens; city employees; and, business representatives. Participants were selected by the City from a variety of information sources and membership lists. He then proceeded to tell the Council that in reviewing the information gathered from the focus groups, several recurring issues or themes emerged: public safety as a priority; interest in a quality school system; sense of "community;" value on maintenance of public and private spaces and facilities; need for financial planning and revenue to support desired quality of life; communication and accountability by City government. In closing, he stated that the ideas and information from the focus groups will be incorporated into the random sample phone survey which is currently underway. Once that survey is completed, his staff will present the survey results to the City and work with the City Council and staff to develop goals, priorities and action plans for the future. STRATEGIC PLANNING - CITY REVENUE SOURCES (306 X 1501) City Manager Bussey presented the July 20 memorandum which recommended the following: THAT STAFF BE DIRECTED TO PUBLISH NOTICES ESTABLISHING THE DATE OF A PUBLIC MEETING AND A PUBLIC HEARING TO DISCUSS THE POSSIBILITIES OF ADOPTING AND/OR CONTINUING ONE OR MORE TAXS OR OTHER REVENUE PROGRAMS. Councilman Kuykendall moved, seconded by Councilwoman Bacharach to adopt the staff recommendation. Motion carried. CITY COUNCIL MINUTES JULY 20, 1993 PAGE 3 GENERAL PLAN AMENDMENT - INITIATION REQUEST - 31270 PV DR. WEST (701) Associate Planner Donna Jerex presented the staff report of July 20 and the following recommendation: ALLOW THE APPLICANT TO PROCEED WITH A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM COMMERCIAL RETAIL TO RESIDENTIAL (6 - 12 DWELLING UNITS PER ACRE) . Ms. Jerex reported that not covered in the staff report is the covenant and easement agreement with the neighboring St. Paul's Church giving it 50 parking spaces on this subject property as long as the church is used exclusively for church purposes. This covenant was incorporated into the conditional use permit conditions of approval for the previously approved 28,000 sq. foot commercial building. The applicant in this matter, George Wong, 6906 Willowtree Drive, stated his agreement with the staff report. Also, he stated that while he understood that this is a commercial location that if it was built out as such it would compete with the Long Point project. Additionally, he cited the large number of commercial vacancies and said it would be bad for the City and the developer to retain the site as commercial. He said he didn't have specific plans nor did he have a financial investment in this site, that it has been on the market for two years, and that they haven't even had one inquiry. With regard to the parking covenant with the church, he said that there are two or three different options they could consider to accommodate the Church. Elizabeth Szu, co-agent on this project, said that the owner would negotiate with the Church. Lois Larue, 3136 Barkentine Road, said that water is erupting all the time in the parking lot at Golden Cove and that the City needs to keep that in mind. Council briefly discussed if this parking covenant was a City imposed requirement and if there was a hydrology problem in the area. The suggestion was made that perhaps the property owner should buy the church property thereby making this a more feasible project site. It was the consensus that staff should study the hydrology issue. Councilman Kuykendall moved, seconded by Councilman McTaggart to deny the request. The motion carried on a three - one vote with Mayor Brooks voting in opposition. RECYCLE GRANT POLICY (1301) Senior Administrative Analyst Dolleschel presented the July 20 staff report and the following recommendation: (1) PROVIDE DIRECTION TO STAFF REGARDING AMENDMENTS TO THE RECYCLE GRANT POLICY DOCUMENT. (2) PROVIDE DIRECTION TO STAFF REGARDING AWARD OF THE FY 1992-93 RECYCLE GRANTS. Mayor Brooks appointed both herself and Councilwoman Bacharach to serve as an ad hoc committee to develop a recommendation for Council. ORDINANCE NO. 290 - SOLICITATION (202) Code Enforcement Officer George Roderick presented the July 20 staff report and the following recommendation: INTRODUCE ORDINANCE NO. 290 AMENDING TITLE 5 OF THE RANCHO PALOS VERDES MUNICIPAL CODE REGULATING SOLICITING AND LITTERING WITHIN THE CITY. Lois Larue, 3136 Barkentine Rd. , requested that street peddling be allowed. CITY COUNCIL MINUTES JULY 20, 1993 PAGE 4 After minor amendments to the ordinance dealing with specifying the specific area for soliciting and combining a number of paragraphs under the section dealing with Manner of Solicitation, Mayor Brooks moved, seconded by Councilman McTaggart to INTRODUCE AS AMENDED ORDINANCE NO. 290 AMENDING TITLE 5 OF THE RANCHO PALOS VERDES MUNICIPAL CODE REGULATING SOLICITING AND LITTERING WITHIN THE CITY. Motion carried. Recess at 8:35 P.M. Reconvened at 8:45 P.M. Responding to the Mayor's call for audience comments for items not on the agenda were the following speakers: Parker Herriott, Hermosa Beach, requested that an item be put on the agenda regarding the legal costs the City has incurred resulting from City activists. Kathy Snell, 8 Vanderlip Drive, requested that the RDA agenda be heard prior to the City Council agenda. RESOLUTION NO. 93-73 - SIDEWALK REPAIR PROGRAM City Manager Bussey presented the staff report July 20, 1993 and the following recommendations: (1) ADOPT RESOL. NO. 93-73 AMENDING RESOLUTION NO. 93-44, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1993-94, FOR A BUDGET ADJUSTMENT TO THE STREET MAINTENANCE ACCOUNT/GAS TAX FUND. (2) AUTHORIZE THE PUBLIC WORKS DIRECTOR TO ISSUE CHANGE ORDER NO. 1 TO KALBAN, INC. TO EXTEND THE CONTRACT BY 10 WORKING DAYS, AND REVISE UNIT PRICES AND INCREASE THE TOTAL CONTRACT AMOUNT TO $59,578. Councilwoman Bacharach moved, seconded by Councilman McTaggart to adopt the staff recommendations. The motion carried on the following roll call vote: AYES: KUYKENDALL, McTAGGART, BACHARACH & MAYOR BROOKS NOES: NONE ABSENT: NONE RESOL. NO. 93-74 PERMIT PARKING - LUNADA POINT (1411 X 1502) City Attorney Lynch presented the staff memorandum of July 15 and the recommendation to approve the proposed resolution confirming the City Council's prior action of approving the request to establish permit parking from dawn to dusk in Lunada Point. Speaking in opposition to this policy was Lois Larue, 3136 Barkentine Road, who also requested more precise hours instead of the recommended "dawn to dusk" timeframe. Shirley Lieu, 95 Marguerite Drive, described the trespassing and littering problems experienced in that area and requested that Council approve the permit process. During Council discussion the suggestion was made that instead of using "dawn to dusk" that the restriction be from 8 p.m. to 6:00 a.m. year round. Councilwoman Bacharach so moved, seconded by Councilman Kuykendall. Motion carried. Councilwoman Bacharach moved, seconded by Councilman Kuykendall to adopt RESOL. NO. 93-74 ESTABLISHING PERMIT PARKING WITHIN THE LUNADA POINT DEVELOPMENT. Motion carried. Capt. Bill Mangan, Commander of the Lomita Sheriff's Station, said that law CITY COUNCIL MINUTES JULY 20, 1993 PAGE 5 enforcement is caught between people wanting to have access to recreation, and those individuals who don't respect the property rights of others. He stated his support for this ordinance as a way to limit the people who might impact public safety. He suggested perhaps a posse would be a good idea for law enforcement in that area. LEGISLATIVE ACTIVITIES (306) City Manager Bussey presented the staff memorandum of July 20 and the following recommendation: (1) JOIN THE SANITATION DISTRICT IN SUPPORTING SB778 (DILLS) . (2) SUPPORT AB1624 (BOWEN) . (3) JOIN THE CITY OF HAWTHORNE IN SUPPORTING THE RELOCATION OF THE APPAREL WHOLESALE MART TO THE SOUTH BAY. Councilwoman Bacharach so moved, seconded by Councilman Kuykendall. Motion carried. DIRECTLY ELECTED MAYOR (306) Mayor Brooks stated that she put this back on the agenda because of the deadline for placing measures on the November ballot. She stated that she felt the residents should be given this choice. Speaking in opposition to this matter was Lois Larue, 3136 Barkentine. Council then discussed that under this proposal the directly elected mayor has the same powers or duties as a regular council member;if this is the appropriate time to have such a measure on the ballot in light of the strategic planning process that the Council is now conducting; the fact that the present rotation policy could be changed; and, if a different term for the mayor's position should be considered. No action was taken on the matter. VERBAL CITY COUNCIL REPORTS Councilwoman Bacharach announced that she would not be a candidate for re- election to the City Council in November. She stated that she has enjoyed serving on the City Council and felt that it was a privilege. STATUS OF DIRECTIVES Zip Code - Mayor Brooks gave a brief up-date on the Zip Code matter and said that a decision would be forthcoming within the next six months. Legislative Strategy - City Manager Bussey reported that even though the staff at FEMA is probably very busy with the flooding in the Midwest, nonetheless, staff was preparing a letter for the Mayor's signature relative to reimbursement for the gabion repairs. VIEW PRESERVATION AND RESTORATION ORDINANCE - PROPOSED AMENDMENTS (1806) Planning Administrator Petru presented the staff memorandum of July 20, 1993 and the recommendation that Council consider the recommendation from the View Restoration Committee, Planning Commission and staff and provide staff with direction. Planning Commissioner Nick Mowlds, 6832 Verde Ridge Road, explained the Planning Commission's approach to the problem of dealing with trees on downhill slopes that blocked views. CITY COUNCIL MINUTES JULY 20, 1993 PAGE 6 It was the consensus of Council to meet with the Planning Commission on August 24 from 6:00 P.M. to 7:00 P.M. and with the View Restoration Committee from 7:00 to 8:00 P.M. on that same day. ADJOURNMENT: At 9:55 P.M. the meeting adjourned on motion of Councilman Kuykendall. R MAYO ATTEST: CITY CLERK A:Ju12093 cc minutes CITY COUNCIL MINUTES JULY 20, 1993 PAGE 7