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CC MINS 19930803M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 3, 1993 The meeting of the Rancho Palos Verdes City Council was called to order at 7:00 P.M. by Mayor Brooks at Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: McTAGGART, BACHARACH, & MAYOR BROOKS ABSENT: KUYKENDALL Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, City Attorney Carol Lynch, City Clerk Jo Purcell, Planning Director Bret Bernard, and Public Works Director Trent Pulliam. CEREMONIAL EVENTS (304) Captain William Mangan: Mayor Brooks presented a proclamation to Captain William Mangan who has been transferred to the City of West Hollywood. On behalf of the City, Mayor Brooks thanked Captain Mangan for his contributions and accomplishments in law enforcement for the Peninsula cities and unincorporated areas of the South Bay. Paul Weisz - Citizen of the Month: Mayor Brooks presented a Certificate of Recognition to Paul Weisz in appreciation of his participation and involvement in such community activities as the View Restoration Committee, the Amateur Radio Club and for the many hours that he spent operating the cameras at City Council meetings. American Cancer Society - Smoking Ban: Sheila Alexander of the American Cancer Society congratulated the City Council for adopting Ordinance No. 288 prohibiting smoking in restaurants. Ms. Alexander said that the City of Rancho Palos Verdes was the first city to take such action in Southern California. APPROVAL OF AGENDA: Councilwoman Bacharach moved, seconded by Councilman McTaggart to approve the agenda. Motion carried. APPROVAL OF CONSENT CALENDAR: The item pertaining to the sale of the fiberglass whale and dolphins was removed from the agenda. Lois Larue, 3136 Barkentine, spoke to the following items on the Consent Calendar: City Anniversary Celebration - Insurance Requirements, Legislative Activities and to several warrants listed on the Register of Demands. City Manager Bussey responded that Mrs. Larue could call his office and he would assign a staff member to answer her questions. As reported at the July 20 meeting, Mr. Bussey reiterated that the $1100 payment to Contract Cities had nothing to do with Proposition 13, but rather dealt with AB8 which was legislation intended to split the tax rate after the passage of Proposition 13. The Consent Calendar was approved as follow on motion of Councilman McTaggart, seconded by Councilwoman Bacharach: WAIVER OF READING ADOPTED A MOTION TO WAIVE FULL READING. MINUTES APPROVED THE MINUTES OF JULY 201 1993, LADERA LINDA ROOM LEASE (1201 x 1804) APPROVED THE LEASING OF ONE ADDITIONAL ROOM (960 SQ. FT.) AND THE FENCED AREA (APPROXIMATELY 15,000 SQ. FT.) BEHIND THE FORMER CABLE ROOMS, TO THE MONTESSORI SCHOOL OF MANHATTAN BEACH, INC. ORDINANCE NO. 290 - SOLICITATION (202) ADOPTED ORDINANCE NO. 290 AMENDING TITLE 5 OF THE RANCHO PALOS VERDES MUNICIPAL CODE REGULATING SOLICITING AND LITTERING WITHIN THE CITY. (THIS ORDINANCE WAS INTRODUCED AT THE JULY 20 MEETING.) CLAIM AGAINST THE CITY BY DAVID SIAS (303) REJECTED THE CLAIM AND DIRECT THE CITY CLERK TO NOTIFY THE CLAIMANT. CITY ANNIVERSARY CELEBRATION - INSURANCE REQUIREMENTS (902) GRANTED THE REQUEST OF RPV 20 PROJECT, INC. FOR THE CITY'S 20TH BIRTHDAY CELEBRATION TO BE CONSIDERED A CITY EVENT AND TO BE COVERED UNDER THE CITY'S EXISTING LIABILITY INSURANCE PROGRAM FOR ONE DAY ONLY, AUGUST 14, 1993. LEGISLATIVE ACTIVITIES (306) (1) JOINED THE LEAGUE OF CALIFORNIA CITIES IN OPPOSING SB1234. (2) SUPPORTED IN CONCEPT THE CALIFORNIA CONTRACT CITIES ASSOCIATION'S PROPOSED REDEVELOPMENT LEGISLATION. RESOL. NO. 93 -75 - REGISTER OF DEMANDS ADOPTED RESOLUTION NO. 93 -75. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: BACHARACH, McTAGGART & MAYOR BROOKS NOES: NONE ABSENT: KUYKENDALL ABSTAIN: NONE RECYCLE WINNERS: Mayor Brooks announced the following recycle winners: March - Russell Jones Family; April - David Lieb Family; and May - Mary Dzida Family. Each family will receive one year's free refuse pick -up service. Household Hazardous Waste Roundup: Mayor Brooks announced that there would be a free countywide household hazardous waste roundup on Saturday, August 28, 1993 beginning at 9:00 A.M. through 3 :00 P.M. This roundup would be held at Hughes Electron Dynamics Division located at 3100 W. Lomita Boulevard, Torrance. Residents could dispose of such items as motor oil, paint, paint thinner, turpentine, cleaners with acids or lye, pesticides and herbicides and household and car batteries. DELINQUENT SIDEWALK ASSESSMENTS (1405) Mayor Brooks opened the public hearing on this Sidewalk Maintenance Program assessment for delinquent accounts. The City Clerk reported that notice of the CITY COUNCIL MINUTES AUGUST 3, 1993 PAGE 2 hearing had been duly published and that no written protests had been received by the City. Public Works Director Pulliam presented the staff report of August 3 and the following recommendation: (1) RECEIVE, CONFIRM AND FILE THE REPORT OF REPAIRS AND COSTS FOR DELINQUENT ACCOUNTS DATED JULY 30, 1993 ATTACHED AS EXHIBIT "A ". (2) CONDUCT A PUBLIC HEARING TO CONSIDER THE DELINQUENT ACCOUNTS FOR SIDEWALK REPAIR. (3 ) ESTABLISH THE AMOUNT OF ASSESSMENT ON DELINQUENT ACCOUNTS AND DIRECT THE CITY CLERK TO FILE A NOTICE OF LIEN ON THE PROPERTIES WITH THE COUNTY RECORDER. (4) ADOPT THE PROPOSED RESOLUTION ORDERING THE ESTABLISHMENT OF SPECIAL ASSESSMENTS, THE PLACEMENT OF LIENS ON REAL PROPERTY AND THE PLACEMENT OF CHARGES ON THE REAL PROPERTY TAX BILL FOR COLLECTION OF UNPAID SIDEWALK REPAIR ASSESSMENTS. Mr. Norman Booth, 28353 Hazelridge, cited his objections to being billed for this repair because he felt the area repaired was smaller than reported by the contractor, and questioned the adequacy of the repair and whether the contractor had followed the specifications correctly. He cited difficulty in trying to meet with staff to discuss his problems with the repair and inquired if the job had been inspected by the City. Moreover, Mr. Booth complained about the rudeness of the City's contractor. Director Pulliam responded that if the work had been measured incorrectly, that the City would adjust his bill accordingly; also that staff would inspect the area to determine if the contractor had followed the specifications. Additionally, he said that if the repair had not been completed, that Mr. Booth's billing would be delayed. Council discussion then centered on whether there could be a contract provision concerning a contractor's behavior and whether this could even be considered as a criteria in awarding contracts since the City by law must award to the "lowest and most responsible bidder." Additional inquiries by Council clarified that the standard thickness for sidewalks was 3 -5/811, that the City does indeed perform spot checks of these repair sites during the course of performance of the work, and the fact that this contractor has a lot of experience in doing such work, Director Pulliam reported that the list of delinquent accounts had now been reduced to ten and that the outstanding amount now owed the City was $2531.44. There being no additional public testimony, the Mayor declared the hearing closed. Councilwoman Bacharach moved, seconded by Mayor Brooks to (1) RECEIVE, CONFIRM AND FILE THE REPORT OF REPAIRS AND COSTS FOR DELINQUENT ACCOUNTS DATED JULY 30, 1993 ATTACHED AS EXHIBIT "A". (2 ) ESTABLISH THE AMOUNT OF ASSESSMENT ON DELINQUENT ACCOUNTS AND DIRECT THE CITY CLERK TO FILE A NOTICE OF LIEN ON THE PROPERTIES WITH THE COUNTY RECORDER. (3) ADOPT RESOLUTION NO. 93 -76 ORDERING THE ESTABLISHMENT OF SPECIAL ASSESSMENTS, THE PLACEMENT OF LIENS ON REAL PROPERTY AND THE PLACEMENT OF CHARGES ON THE REAL PROPERTY TAX BILL FOR COLLECTION OF UNPAID SIDEWALK REPAIR ASSESSMENTS. ADDITIONALLY, THAT STAFF REPORT BACK ON THE OUTCOME OF THEIR MEETING WITH MR. BOOTH. STREET VACATION - SEACLIFF HILLS (1408) Director Pulliam presented the staff report of August 3 and the following recommendation: IF COUNCIL WISHES TO CONSIDER VACATION OF STREETS WITHIN THE PALOS VERDES SEACLIFF HILLS DEVELOPMENT, THE MATTER SHOULD BE REFERRED TO STAFF TO BEGIN THE PROCESS. CITY COUNCIL MINUTES AUGUST 3, 1993 PAGE 3 Representing the Seaclif f Homeowners Association was its president Kevin Sears, 3324 Palo Vista Drive, who said that he has talked with the residents personally and that this request has the support of one hundred percent of the residents on Palo Vista and Seaclif, f , that the members of the association have agreed to pay the maintenance costs, that their by -laws provide the ability to make assessments for maintenance costs, and that the Association already maintains two islands in the common area of their development. He further stated that the construction in that area has caused a lot of damage to the streets, that the Association would like to slurry seal them and that he has been in contact with the Public Works Department to determine what it will take to repair the streets, that the Association will make the repairs and that this will not have any fiscal impact on the City. He urged the Council to approve this request. Council inquired if it has been explained to the residents that vacation of these streets will result in them being responsible for the cost of all repairs and not just the common open space, and that the property lines will be extended to the center of the street. Also representing the Seacliff Hills Homeowner Association was Lawrence Burke, 3437 Palo Vista Drive, who said he has been working on this matter for a long time. Referencing a map of the area, he pointed out the proposed location for gates and explained how installation of these gates had to coincide with the future realignment of Palos Verdes Drive South. He said that this vacation would not result in an increase in the association's dues, that they anticipated a one- time $700 assessment per lot for the installation of the gates, that they intended to slurry the streets once every five years. He said that he didn't realize that it was necessary to get the signatures of the residents for this vacation, but that 44 out of the 45 affected property owners were in favor of it. Responding to Council's inquiry, he cited the traffic and noise problems that are experienced on weekends which he felt was the result of the development's proximity to the coastal road Paseo Del Mar. Lois Larue, 3136 Barkentine, requested that the City look at the long range picture in privatizing these streets. Councilman McTaggart moved, seconded by Mayor Brooks to proceed with this request but require the applicants to submit fifty percent of the signatures as required within 30 days. Discussion of the motion questioned the necessity of imposing this 30 day limitation, the fact that people want to access streets within the City, the possible deleterious effects this and other street vacations might have on community spirit, if these petitions should cite an estimated long range cost of the street maintenance that the homeowners would be responsible for, the fact that some people feel more secure in a gated community because of the concern about crime, that if this is the desire of the majority of the people who live in the community then it should be permitted, and the fact that if this association slurry sealed every five years then they would be doing it more frequently than the City. The motion carried on the following roll call vote: AYES: McTAGGART & MAYOR BROOKS NOES: BACHARACH ABSENT: KUYKENDALL ABSTAIN: NONE RESIDENTIAL CARE FACILITIES (1801 X 1804) City Attorney presented summary of the State's criteria for Residential Care Facilities and the following recommendation: INSTRUCT STAFF TO REVIEW RESIDENTIAL CARE FACILITIES TO ASSURE COMPLIANCE WITH STATE LAW AND BUILDING PERMIT CITY COUNCIL MINUTES AUGUST 3, 1993 PAGE 4 REQUIREMENTS. Responding to Council' s inquiry relative to the City' s control over the placement of these residential care facilities in the City, staff stated that the State of California reviews the license of these facilities on an annual basis, that the California State Supreme Court declared invalid any distinction of related and unrelated individuals living in a house, and that these facilities could be subject only to the same requirements of any residential unit. Bill Craig, 6816 Abbottswood, cited the fact that these care facilities have as many as six unrelated adults living there, and requested clarification of what is a single family residence (R1). He stated that he felt it was a business and not a residential operation. Council discussion focused on any remedies that were available to the City in requiring that these facilities be dispersed within a certain geographical area instead of being concentrated in one neighborhood, and the fact that this was an issue that could be brought before the League in the form of a resolution for presentation at the October conference. Lila Finlay Gutierrez, 6836 Abbottswood Drive, expressed her concern about the employees at this facility. She then cited some unrelated code enforcement problems that exist on Abbottswood. It was the consensus that staff should follow up and check on the conditions at these locations. Councilwoman Bacharach moved, seconded by Councilman McTaggart to direct staff to work with the State so the City can be notified when these facilities are going to be opened in the City, that staff be directed to inspect these facilities to make sure that operating codes are consistent with City Code, and that the Council should present this matter to the League of California Cities to seek legislation insuring that such facilities are dispersed throughout a city and not concentrated in one area. Motion carried. PUBLIC COMMENT: Responding to the Mayor's call for public testimony for items not on the agenda were: Lois Larue, Barkentine Road, who read a letter she was writing relative to civil liberties. Tom Schnerk, 3444 Hightide, referred.to his letter of June 6, 1993 relative to the use of the City's remaining open space and in particular to the Forrestal Tract No. 37885. ( Mr . Schnerk' s letter is on file with the City Clerk's Office.) Roy Fulwider, 28219 Hazelridge, urged the Council to vote a parcel tax so we can hire new building and safety inspectors. He questioned the adequacy of the concrete repair work being done on the sidewalk at his home. Parker Herriot, Hermosa Beach, again questioned the cost that the City has incurred resulting from City activists. VERBAL CITY COUNCIL REPORTS MAX Line: Councilman McTaggart reported on the changes made to the Max circulation pattern that has resulted in reducing the transit time by 10 minutes. He also reported that the Transit Authority had adopted their budget. CITY MANAGER REPORTS Status of Directives: Mayor Brooks reported that she has been in contact with Postmaster Joan Derazzo and that the Post Office is in the final stages of preparing a report on the Eastview zip code for approval. CITY COUNCIL MINUTES AUGUST 31 1993 PAGE 5 FEMA: Council requested that a review date be shown on this item. Adjournment: At 9:10 P.M. the meeting adjourn d on motion of Mayor Brooks. F. ly MAYOR ATTEST: qp CITY CLERK 8393CCMINS CITY COUNCIL MINUTES AUGUST 3, 1993 PAGE 6