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CC MINS 19931021 ADJM I N U T E S RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING OCTOBER 21, 1993 The meeting of the City Council was called to order by Mayor Susan 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, BACHARACH AND MAYOR BROOKS Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, Environmental Services Director Bret Bernard, Public Works Director Trent Pulliam, City Attorney Carol Lynch, City Clerk Jo Purcell, Planning Administrator Carolynn Petru, and Associate Planner Donna Jerex. CEREMONIAL EVENTS: STUDENTS OF THE MONTH: Mayor Brooks presented a Certificate of Recognition to Courtney Oberndobe and Rebecca Rayor in recognition of their program "Best Buddies" which pairs students from the 6th grade with a buddy from the 8th grade, the goal of which is to help 6th grade students adjust to the intermediate school level. Mayor Brooks then announced that October was National Breast Cancer Awareness Month and she then proceeded to summarize some of the statistics on the occurrence of breast cancer and the awareness that needs to be developed by the population in general to protect oneself against this disease. Dimension Cable TV Gift of Video: In recognition of the City's 20th anniversary, Steve Fowler, General Manager of Dimension Cable, presented a gift of an historical documentary video of the City which they produced. The video was then shown and ran for approximately 18 minutes. It related the history of .Rancho Palos Verdes and showed scenes of various points of interest within the City and on the Palos Verdes Peninsula in general. This video will be available for distribution by the City. APPROVAL OF AGENDA: The agenda was approved on motion of Councilwoman Bacharach, seconded by Councilman McTaggart. Motion carried. APPROVAL OF CONSENT CALENDAR: Speaking to the following items on the Consent Calendar was Lois Larue, 3136 Barkentine: with regard to the minutes of September 7 she said she was opposed to Mr. Mohler's appointment to the Klondike Board only on the basis that he did not live in the district. She questioned if the speed limit on Palos Verdes Drive South between the Wayfarer's Church and Hawthorne Boulevard should be 45 MPH. Responding to the comments about the speed limit matter, Public Works Director Pulliam responded that this recommendation was based on radar speed studies but that it could be re- examined. A brief Council discussion centered on the fact that the general idea was to reduce the speed gradually before entering the landslide area. It was the consensus, however, that staff should investigate this and if necessary an amendment will be proposed. WAIVER OF READING WAIVED READING IN FULL 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 AUGUST 31, 1993 AND SEPTEMBER 7, 1993. CLAIM AGAINST THE CITY BY SHERI KIDD (303) REJECTED THE CLAIM AND DIRECT THE CITY CLERK TO NOTIFY THE CLAIMANT. ACCEPTANCE OF INSTALLATION - EMERGENCY GENERATOR BY DUTHI POWER SERVICES, INC. ( 410 x 1204 ) (1) ACCEPTED THE INSTALLATION AS COMPLETE. (2) AUTHORIZED THE CITY CLERK TO FILE A NOTICE OF COMPLETION AND TO NOTIFY THE SURETY TO EXONERATE THE CONTRACT BONDS. (3) AUTHORIZED THE FINANCE DIRECTOR TO RELEASE THE RETENTION 35 DAYS AFTER THE NOTICE OF COMPLETION HAS BEEN RECORDED BY THE COUNTY RECORDER. RESOL. NO. 93 -94 - CONSOLIDATION OF SPEED LIMIT RESOLUTIONS (1502 X 1204) ADOPTED RESOL. NO. 93 -94 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING SPEED LIMITS ON VARIOUS STREETS WITHIN THE CITY. RESOL. NO. 93 -95 - REGISTER OF DEMANDS ADOPTED RESOL, NO. 93 -95 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. The motion to adopt the Consent Calendar carried on the following roll call vote. AYES: KUYKENDALL, McTAGGART, BACHARACH AND MAYOR BROOKS NOES: NONE PUBLIC HEARINGS: RESOL. NO. 93 -96 - GENERAL PLAN AMENDMENT NO. 21 (AUTOMOTIVE SERVICE STATIONS) (701 X 1203 X 1801) Mayor Brooks declared the public hearing open and the City Clerk reported that notice of the hearing had been duly published. Associate Planner Donna Jerex presented the staff memorandum of October 21 and the following recommendation: (1) ADOPT A RESOLUTION - ADOPTING A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, FOR GENERAL PLAN AMENDMENT NO. 21, ZONE CHANGE NO. 22, AND CODE AMENDMENT NO. 37 TO CREATE AN AUTOMOTIVE SERVICE OVERLAY CONTROL DISTRICT. (2) INTRODUCE AN ORDINANCE NO. 294 CREATING AN AUTOMOTIVE SERVICE OVERLAY CONTROL DISTRICT, THEREBY AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE Summarizing the staff report of October 21, 1993, Ms. Jerex clarified some of the language in the proposed ordinance, in particular that requiring appropriate guidelines in each "individual" case. Speaking in support of this ordinance was Steve Saporito, 28004 Ridgebluff Court, who stated that there will be opposition to the individual stations CITY COUNCIL MINUTES OCTOBER 21, 1993 PAGE 2 and in particular to his site on Highridge because it is the first one up for approval. He expressed hope that the Council would take into consideration what would be best for the Peninsula. He also reported Bill Myers, the owner of the Mobil station, could not be attend the meeting, but that he was in agreement with the ordinance. Fran Saporito, 28004 Ridgebluff Court, also spoke in favor of this overlay contol district and the automotive repair center returning to the Highridge site. Edward Hall, 48 Cottonwood Circle, Rolling Hills Estates, said that he has lived immediately adjacent to the site since 1977, that for five years he had been a member of the board of directors of the Terraces Condominium complex and was also president of the association, that during that time no complaints had been lodged against the gas station run by Mr. Saporito. With the changes being proposed for the new automotive facility he felt that there would probably be even less noise. Ken Landau, 2 Hillcrest Meadows, who lives adjacent to Site #7, complimented the City Council for use of the conditional use permit process for these automotive centers, however, he questioned what mechanism would be used in the case of a deviation from the guidelines. He thanked the City Council for their help and wished Councilwoman Bacharach good luck upon her departure from the Council. Nancy Moore, 6344 Villa Road Drive, spoke in opposition to this ordinance and read a prepared statement. (This statement is on file with the City Clerk's Office.) Ken Moore, 6344 Villa Road, also speaking in opposition to this ordinance, stated his concerns about possible erosion of safety in the community and described some of the activity that he has seen taking place at the 7 -11 Store at the corner of Hawthorne and Granvia Altamira. He questioned what might be gained by permitting these automotive centers after consideration is given to the problems which he felt they may pose. Lois Larue, 3136 Barkentine, stated her opposition to the negative declaration issued on this proposed ordinance, and questioned the staff's determination that there was no environmental impact resulting from these automotive centers. Council discussion of this matter included a request that staff clarify that this overlay control district was merely a continuance of the existing usage, that if the current usage stopped that the land use would revert to the underlying zoning for that site. Additionally, staff detailed the notification process for this public hearing: a series of notices was published, a running list of interested party's was maintained, radius maps were drawn for each of the eight sites from which a list of over 1200 names was developed, notices sere sent to approximately 1300 people on three different occasions, additional follow -up notices were sent to specific people, a large number of phone calls were handled by staff all of which clarified this matter, and notice was published in the Palos Verdes Peninsula News, and articles appeared in the Daily Breeze and the L. A. Times. There being no further testimony on this matter, Mayor Brooks closed the public hearing. Councilwoman Bacharach moved, seconded by Councilman McTaggart to introduce ORDINANCE NO. 294 CREATING AN AUTOMOTIVE SERVICE OVERLAY CONTROL DISTRICT; THEREBY AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE with the amendment CITY COUNCIL MINUTES OCTOBER 21, 1993 PAGE 3 made by staff to relative to Section 17.36.073. Since it had been reported earlier that it was the intention of the owner of the Mobil station on Hawthorne & Granvia Altamira to add a car wash to his facility, Council discussion on the motion focused on whether the City had developed controlling standards for them, the fact that car washes generally resulted in a lot of noise, the kind of standards that would be necessary to attenuate the noise, and that in each individual case it would be up to the planning commission to determine if installation of a car wash would be an appropriate use. Additional discussion centered on how the noise level would be monitored and the frequency of that monitoring, how the owner would have to meet certain decibel levels which would be determined by staff, and reiteration of the fact that each of these sites would be considered on a case -by -case basis. It was the consensus of Council that staff should investigate the complaints against the 7 -11 store referred to by Mr. Moore. Councilman McTaggart moved, seconded by Councilwoman Bacharach to amend introduced Ordinance No. 294 by adding a provision to Section 17.36.074 limiting noise levels to 50 decibels, and that the property owner be required to demonstrate annually that they are complying with this provision. Motion carried. Additional Council discussion again made plain that this ordinance would affect only those eight stations that presently exist, that with this overlay control district and the use of the conditional use permit process, it would guarantee that these sites would be reviewed and conditioned on a case by case basis. In the case where the present use is discontinued that the property could return to its underlying zoning. Councilwoman Bacharach moved, seconded by Councilman McTaggart to adopt Resolution No. 93 -96 ADOPTING A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, FOR GENERAL PLAN AMENDMENT NO. 21, ZONE CHANGE NO. 22, AND CODE AMENDMENT NO. 37 TO CREATE AN AUTOMOTIVE SERVICE OVERLAY CONTROL DISTRICT. Motion carried. RECESS & RECONVENE: At 8:30 P.M. Mayor Brooks declared a recess. The meeting reconvened at 8:38 P.M. AUDIENCE COMMENTS: Responding to the Mayor's call for audience comments for items not on the agenda was Barbara Ferraro, 3530 Seaglen Drive, who complained about the Council's attitude toward citizens when they addressed the Council. She stated that she had spoken with Mr. Bussey regarding his employment contract and that he had decided to postpone the matter. She stated her objections to the characterization of her October 5 remarks as being despicable and grandstanding and said that whether or not she was a council candidate she would speak up and address issues she felt affected the City and its residents. AWARD OF RECYCLE /BEAUTIFICATION GRANTS (1204 x 1301) Senior Analyst Dolleschel presented the Ad Hoc Recycling Subcommittee recommendation to COMBINE THE FY 1992 -93 AND FY 1993 -94 RECYCLING /BEAUTIFICATION GRANT PROGRAM, AND AWARDING RECYCLING GRANTS TOTALING $37,240 TO APPLICANTS SHOWN ON EXHIBIT "A" OF THE STAFF REPORT. Councilwoman Bacharach moved, seconded by Councilman Kuykendall to adopt the staff recommendation. The motion carried on the following roll call vote. CITY COUNCIL MINUTES OCTOBER 21, 1993 PAGE 4 AYES: KUYKENDALL, McTAGGART, BACHARACH & MAYOR BROOKS NOES: NONE FISCAL YEAR 1992 -93 CITYWIDE PAVEMENT MANAGEMENT SYSTEM (1204 X 1405) Public Works Director Pulliam presented the staff memorandum of October 21 and the following recommendation: (1) AFTER A VERBAL REPORT AND DISCUSSION OF THE PAVEMENT MANAGEMENT SYSTEM REPORT THAT COUNCIL SHOULD ORDER IT RECEIVED AND FILED. (2) DIRECT STAFF TO COMPLETE THE APPROPRIATE FORMS TO NOTIFY THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (MTA) THAT THE PAVEMENT MANAGEMENT.SYSTEM IS CERTIFIED AS COMPLETE ACCORDING TO THE PROPOSITION "C" AND PROPOSITION 111 GUIDELINES. Council inquiries on the implementation of this program centered on the following: what would be a reasonable annual level of spending, how this plan could be integrated into the City's ten year plan, if there is a landslide area project planned that is not a part of this report, the long term effects and increase in costs if streets are not repaired on this schedule but left to deteriorate further, the fact that this report is in 1993 dollars and how over the span of time it will become costlier, and how this is a prime example of the needs of the City. Council suggested that an executive summary of this report be made available to the public at a nominal cost. Councilwoman Bacharach moved, seconded by Councilman Kuykendall to adopt the staff recommendation. Motion carried. RESOLUTION NO. 93 -97 - OCEAN TRAILS FOLLOW -UP RESOLUTION. (701 X 1203) City Attorney Lynch presented the RECOMMENDATION TO ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES SETTING ASIDE CERTAIN DECISIONS OF THE CITY COUNCIL REGARDING THE OCEAN TRAILS PROJECT, WHICH WERE MADE ON JUNE 1, 1992 AND DECEMBER 71 1992. Councilman McTaggart moved, seconded by Councilwoman Bacharach to adopt RESOL. NO. 93 -97 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES SETTING ASIDE CERTAIN DECISIONS OF THE-CITY COUNCIL REGARDING THE OCEAN TRAILS PROJECT, WHICH WERE MADE,+ON JUNE 11 1992 AND DECEMBER 71 1992. Motion carried. CITY COUNCIL REPORTS: VERBAL CITY COUNCIL REPORTS: RECONSIDERATION OF SUPPORT FOR PROPOSITION 172: Mayor Brooks indicated that at the last meeting the Council was so busy with Ocean Trails she had forgotten to take the item relating to Prop. 172 off the Consent Calendar for discussion. She indicated that since the League of California Cities had supported this proposition, it was not necessary for the Council to take a Position and that it was better left to the voters. The Mayor made a motion to waive the Council's Rules of Procedure so the matter could be reconsidered. A brief discussion then followed wherein it was expressed that it was clear the voters would make the final determination but the Council should let them know how important it was to local government. The motion died for lack of a second. RECRUITMENT OF COMMISSION & COMMITTEE MEMBERS: Mayor Brooks announced that the City Clerk would start recruitment for the various City committees and commission including the Long Range Finance Committee. CITY COUNCIL MINUTES OCTOBER 21, 1993 PAGE 5 LEAGUE OF CALIFORNIA CONFERENCE: Mayor Pro Tem Kuykendall reported on the L. A. County Division of the League acceptance of a resolution sponsored by the City of Inglewood relative to cities getting greater control over the placement of residential care units. Because Inglewood's resolution was so similar to the position taken by Rancho Palos Verdes, the Inglewood resolution was adopted as the model on which to advocate legislation. He then also briefly reported that League's Housing, Community and Economic Development Policy Committee had re- established the Economic Development Subcommittee and that he is a member of that committee. CALIFORNIA MARINE AFFAIRS NAVIGATIONAL CONFERENCE (CMANC): Councilman McTaggart reported on the activities of this organization and in particular its efforts over the past year to become financially sound. He stated that CMANC has been helpful to the City vis -a -vis its dealings with the Fish & Wildlife Services and in lobbying appropriate members of Congress on behalf of the City's interests. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG): Mayor Brooks gave a brief report on her trip to Washington D.C. with members of SCAG to promote the passage of the North American Free Trade Agreement. STATUS OF DIRECTIVES: Zip Code - Mayor Brooks reported that she had been in contact with the Post Office and will have a report to the Council on this matter at the next meeting. Financial Audit - Responding to Council's inquiry, staff reported that the Financial Audit will be ready in early November. Employee Salaries - Staff reported that this matter would come back to the Council as an item of regular business. ADJOURNMENT: At 9:25 P.M. the meeting adjourned to turday, October 30 at 8:30 A.M. for a community leader breakfast. Motio ma a by C uncilman Kuykendall. MAYOR CITY COUNCIL MINUTES OCTOBER 21, 1993 PAGE 6