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CC MINS 19930216M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FEBRUARY 16, 1993 The meeting of the City Council was called to order by Mayor Brooks at 7:04 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, RYAN, McTAGGART, BACHARACH AND MAYOR BROOKS LATE ARRIVAL: BACHARACH @ 7:06 P.M. Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, Environmental Services Director Dudley Onderdonk, Planning Administrator Carolynn Petru, Public Works Director Trent Pulliam, City Attorney Carol Lynch, and City Clerk Jo Purcell. CEREMONIAL EVENT Marilyn Lyon, Treasurer for Save Rancho Palos Verdes Committee for Measure presented to Councilman Ryan, Honorary Chairman of the 20th Anniversary Committee, a representation of a check for $2,854 as that committee's contribution to the 20th Anniversary celebration activities. Mayor Brooks presented Councilman Ryan, with a tile plaque in recognition of his twenty years of service on the City Council. APPROVAL OF AGENDA The item regarding Graffiti was removed from the agenda. Councilman Kuykendal 1 moved, seconded by Councilman Ryan to approve the agenda as amended. Motion carried. Lois Larue, 3136 Barkentine, spoke to TWO items on the consent calendar: (1) requested that interest be charged to Haseko Townhomes, Inc; and, (2) objected to borrowing into future FAU funds. CONSENT CALENDAR The following items were moved from the Consent Calendar: minutes of February 2nd, Assessment Engineering for the Citywide Landscaping and Lighting District, and the Speed Limit Pavement Markings on Abbottswood. The consent calendar was then adopted as follows by Councilwoman Bacharach, seconded by Councilman Kuykendall. 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. AGREEMENT FOR REDUCTION OF BOND - TRACT NO. 45667 (P.V. DRIVE SOUTH) HASEKO TOWNHOMES, INC. (1411) Approved an agreement with Haseko Townhomes, Inc. to reduce the Bond amounts on Tract No. 45667 in exchange for an irrevocable letter of credit to fund certain highway improvements along Palos Verdes Drive South adjacent to their project. ORDINANCE NO. 285 TRANSPORTATION DEMAND MANAGEMENT (1505) Adopted ORDINANCE NO. 285 OF THE CITY OF RANCHO PALOS VERDES ADOPTING TRIP REDUCTION AND TRAVEL DEMAND MEASURES IN ACCORDANCE WITH STATE GOVERNMENT CODE SECTIONS 65089 AND 65089.3. Approved, in a form acceptable to the City Attorney, an Amendment to the existing agreement with the Metropolitan Transit Authority ( MTA - formerly LACTC ) for the exchange of $569,000 of Federal Aid to Urban (FAU) and Surface Transportation Program (STP) funds for $569,000 of Combined Road Project (DRP) Funds and authorized the Mayor to sign the Amendment. (2) Requested the MTA to continue to process the State -Local Transportation Partnership Program (SLTPP) funding on behalf of the City and issue the proportionate share of funds to the City when they are distributed. RESOLUTION NO. 93 -9 AMENDMENT TO TRAFFIC COMMITTEE CHARTER (1502) Adopted RESOLUTION NO. 93 -9 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING THE TRAFFIC COMMITTEE CHARTER, RESOLUTION N0. 93 -10 REGISTER OF DEMANDS Adopted RESOLUTION NO. 93 -10 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, RYAN, MCTAGGART, BACHARACH AND MAYOR BROOKS NOES: NONE ENGINEERING SERVICES - CITYWIDE LANDSCAPING & LIGHTING DISTRICT - FY 1993 -94 (901) Director Pulliam presented the staff memorandum of February 16 -, 1993 and the recommendation to approve an agreement with BSI Consultants, in a form acceptable to the City Attorney, for Assessment Engineering Services for the Citywide Landscaping and Lighting District for Fiscal Year 1993 -94 in an amount not to exceed $15,250 and authorize the Mayor and City Clerk to sign the agreement. Responding to Council inquiry, he stated that the annual public hearing process would still be required for this district, that when the district was initially formed the assessments for Zones E and F were artificially low because of a one- time $10.,000 cr4edit from a carryover reserve balance, that the figures presented in the staff report would bring them up to the appropriate rate, and, that staff had contacted other engineering firms and determined that the BSI price was competitive. Lois Larue, 3136 Barkentine, requested clarif ication of some items listed on the engineer's schedule. Councilwoman Bacharach moved, seconded by Councilman Kuykendall to approve the staff recommendation. The motion carried on the following roll call vote: AYES: NOES: PUBLIC HEARINGS: KUYKENDALL, RYAN, McTAGGART, BROOKS NONE BACHARACH, & MAYOR CITY COUNCIL MINUTES FEBRUARY 16, 1993 PAGE 2 VACATION OF BRIDLE TRAIL EASEMENT ALONG THE SOUTHERN BOUNDARY OF TRACT NO. 46422 ALIDA PLACE (1408 X 1411) Mayor Brooks opened the public hearing on the vacation of the bridle trail easement along the Southern boundary of Tract No. 46422 - Alida Place. The City Clerk reported that notice of the public hearing had been duly published and that no written protests had been received. Public Works Director Pulliam presented the February 16th staff memorandum and the recommendation to adopt a resolution ordering the vacation of the bridle trail along the Southerly boundary of Tract 46422. Speaking in support of this bridle trail vacation was Sunshine, 6 Limetree. Councilman McTaggart, moved, seconded by Councilman Kuykendall to close the public hearing. Motion carried. City Attorney Lynch reported that staff would prepare a resolution for this trail vacation for the next agenda. ALTERNATIVE USES FOR THE RECYCLING FUND (1301) Mayor Brooks opened the public hearing on the consideration of alternative uses for the Recycling Fund and the City Clerk reported that notice of the public hearing had been duly published and that written protests had been received and were part of the agenda packet. Assistant City Manager Antil presented the February 16th staff memorandum and the recommendation to consider alternate uses of recycling fund monies and instruct staff to prepare any necessary documentation if changes are made to the current recycling program and budget. During Council discussion the suggestion was made that disposition of this fund should be determined by the Long Range Finance Committee but then concern was expressed about the appropriateness of this inasmuch as the method of expenditure of these funds was a City Council policy decision and not one to be made by a committee. Speaking in favor of using the recycling funds for beautification projects were the following: Rene Cartwright, 30630 Calle de Suenos, representing the Palos Verdes Panorama Owners Association and Elizabeth Kelly, 6611 Vallon Dr. Council then resumed its the discussion of the use of these funds and comments focused on the amount of money that had been paid out to homeowner associations for these beautification projects, the cost of the "Recycler" of the month program, and the marketing effort to -date for the whole recycling program. Additional comments concerned how residents who were members of homeowners associations benefitted from the program whereas those not belonging to an association did not derive any benefits. Council then proceeded to discuss the condition of Hawthorne Boulevard and in particular the poor appearance of the fences and walls along that street and the fact that it had been intended that some of the recycle money would be used to beautify that main corridor. The suggestion was the made that perhaps a certain amount of this money should be set aside in the Capital Improvement Program and be used for beautification projects. Additional comments next centered on getting feedback from the Long Range Finance Committee on the use of these funds and how beautification projects could be identified and spread throughout the City. CITY COUNCIL MINUTES FEBRUARY 16, 1993 PAGE 3 Councilwoman Bacharach moved, seconded by Councilman McTaggart to continue the public hearing on this matter until after receipt of the report from the Long Range Finance Committee and that a summary of the Council's comments be given to the Long Range Finance Committee for their review. The motion carried on a 4 -1 vote with Councilman Ryan voting no. Councilman Kuykendall moved, seconded by Mayor Brooks to close the public hearing on this matter. Motion carried. NONEXCLUSIVE COMMERCIAL REFUSE FRANCHISE (1301) Councilman Kuykendall moved, seconded by Councilman Ryan and carried to waive reading of the staff report. The staff report of February 16th presented the following recommendations. 1. Authorize the Mayor and the City Clerk to execute the amendment to the agreements for nonexclusive commercial refuse collection and disposal services with (1) Ace Rolloff Rubbish Service, (2) Browning- Ferris Industries (BFI), (3) Edco disposal, (4 ) Falcon Disposal Service, ( 5 ) Federal Disposal SER, ( 6 ) Ivy Rubbish Disposal, (7) Waste Management of Los Angeles, and (8) Western Waste Industries to extend the nonexclusive franchise through December 31, 1993. 2. Do not extend the agreements for nonexclusive commercial refuse collection and disposal services with (1) Angeles- Hudson, Inc. or (2) Sub - Haulers since they did not fulfill any of the reporting requirements established by the City, thereby prohibiting them from operating in the City. Assistant City Manager Antil presented an update and stated that Angeles- Hudson had submitted a check for payment of their franchise fee and AB939 fees and that they could be included in the Nonexclusive Commercial Franchise if the Council determined that they wished to grant Angelus- Hudson an extension of their franchise. The matter then opened up for Council discussion and it was the consensus that staff provide a report on the use of the AB939 Funds. Discussion next centered on how the haulers could be made to participate in the recycling program, if an ordinance could be adopted mandating hauler participation, whether a reduction in the business 1 icense should be considered to encourage participation, how business users could be notified of the fact that their hauler was not participating, and, if a letter could be sent to the business community regarding the AB939 Fees and requesting that they encourage their trash hauler to participate in the recycling program. Councilman Ryan moved, seconded by Councilman Kuykendall to approve the staff recommendation as amended, to include Angeles- Hudson in the nonexclusive franchise through December 31, 1993; that staff prepare a letter to the haulers and inform them that any infractions will not be tolerated and will lead to them being disqualified in the following quarter if they are delinquent on payments or reporting; and, that staff develop a plan to encourage recycling and find out what is going on in the business community. Motion carried Lois Larue, 3136 Barkentine Rd., questioned the amount paid by BFI in the second quarter of 1992, since it was substantially higher than in the other quarters. A brief Council discussion then ensued relative to the quarterly fees paid by these companies and it was concluded that the only way that the City could be certain that they are paying the correct amount would be to have an audit of these companies. CITY COUNCIL MINUTES FEBRUARY 16, 1993 PAGE 4 RECESS AND RECONVENE At 8:30 P.M. the meeting recessed. The meeting reconvened at 8:45 P.M. REOPEN THE AGENDA: Councilman Ryan moved, seconded by Councilman McTaggart to reopen the agenda and hear discussion of the speed limit on Abbottswood as the next item of business. Motion carried. SPEED LIMIT PAVEMENT MARKINGS ON ABBOTTSWOOD DR (1502) Councilman Kuykendall moved, seconded by Councilman McTaggart to adopt the staff recommendation and that the City pay for all of the expenses included in the street marking. A brief Council discussion then ensued regarding the installation of an appropriate sign at the top of this hill. Councilman Ryan moved an amendment seconded by Councilman McTaggart that an appropriate warning and speed limit sign be installed at the top of the hill. The motion as amended carried unanimously on the following roll call vote: AYES: KUYKENDALL, RYAN, McTAGGART, BACHARACH AND MAYOR BROOKS NOES: NONE Speaking in support of the installation of the speed limit pavement markings and sign were Sandra Walls, 6941 Abbottswood, representing the residents of Abbottswood and Caroline Walrad, 6932 Abbottswood. SMOKING RESTRICTIONS IN RESTAURANTS (801) Administrative Analyst Rick Otto presented the February 16th staff memorandum and the recommendation to draft an ordinance to establish a smoking restriction in restaurants to the extent dictated by Council. Speaking in favor of this restriction was Elizabeth Kelly, 6611 Vallon Dr. In response to a letter sent by the Mayor to restaurant owners regarding this restriction staff reported that four telephone calls were received from restaurant owners who expressed concern about this prohibition and its effect on their ability to compete with restaurants not having such a smoking restriction. Council discussion centered on the fact that this ban would be limited to the eating areas of restaurants and not bars. Councilman Ryan moved, seconded by Councilwoman Bacharach to direct staff to prepare an ordinance restricting smoking in restaurant eating areas and continue to review this ban relative to lounges. Motion carried. Staff was requested to send a copy of the draft ordinance with a cover letter to the restaurants affected by this restriction. Additional information then centered on whether this ordinance defined "sports" bars and at what point they became a restaurant. It was the consensus that this definition should be included in the Ordinance and that the City's policy restricting smoking in City owned facilities should be codified into this ordinance. CITY COUNCIL MINUTES FEBRUARY 161 1993 PAGE 5 PROPOSITION "A" - SAFE NEIGHBORHOOD PARKS ACT (1201) City Manager Bussey presented his report of February 16th and the following recommendations: (1) Direct the Recreation and Parks Committee to review possible project proposals and recommend specific funding priorities for Pt. Vicente Improvements and Natural Land Acquisition Projects, as well as uses for the discretionary (per parcel) fund. (2) Direct the City Manager to contact other Peninsula Cities to evaluate potential joint projects that may be eligible for the competitive grants. Councilwoman Bacharach moved, seconded by Councilman Kuykendall to approve the staff recommendation with the amendment that the Recreation and Parks Committee advise the City Council about the ongoing maintenance for any of the recommendations they will be making to the Council. Motion carried. Lois Larue, 3136 Barkentine Rd., requested clarification of the discretionary funds and clarification of the location of the amphitheater. Sunshine, 6 Limetree Lane, requested that the City cooperate with the City of Rolling Hills Estates in securing open space along the east side of the Northrop property and that a culvert in the Armaga Springs under Hawthorne should be provided for wild life. PROPOSED ZIP CODE BOUNDARY CHANGE (601) Assistant City Manager Antil presented the February 16th staff memorandum and the recommendation to authorize the Mayor to send a letter to our Congressional representatives to request assistance in facilitating the postal zip code review process. Councilman Kuykendall moved, seconded by Councilman McTaggart to approve the staff recommendation. Motion carried. A brief Council discussion ensued relative to arrangements for a meeting with Congresswoman Harman and Assemblywoman Karnette to view the slide area. SOILS AND GEOLOGY CONSULTANT CONTRACT (201 x 1203) Environmental Services Director Onderdonk presented the February 16th staff memorandum and the recommendation to authorize the Mayor and City Clerk to execute a contract with Dale Hinkle, P.E., Inc. to provide soils and geology consulting services. Councilman Ryan moved, seconded by Councilman Kuykendall to approve the staff recommendation. (At 9:30 P.M. Councilman Ryan left the meeting.) Council discussion then ensued about the length of the term for this contract, if the minimum of $250 was the same in previous contracts, whether the consultant would be grouping the site visits, and if citizens would have less access to the geologist because of that grouping. (At 9:33 P.M. Councilman Ryan returned to the meeting.) Concern was expressed that only two companies bid on this proposal, and about the cost for travel time. Lois Larue, 3136 Barkentine Rd., requested clarification of the role of the City's geologist. CITY COUNCIL MINUTES FEBRUARY 16, 1993 PAGE 6 Council expressed concern about the minimum 400 hours work required by this consultant and the high cost of the insurance. Councilman Ryan moved, seconded by Councilman Kuykendall to adopt option "A" pending additional information on the $500,000 plus $1 million liability insurance and its effects on the cost of the contract as opposed to having basic insurance; additionally that staff should find out the reasons for competitors not bidding on this contract, and see if the minimum number of hours could be reduced. Motion carried. CITY COUNCIL RULES OF PROCEDURE (307) City Clerk Purcell presented the staff memorandum and the recommendation to adopt a resolution establishing City Council operating rules and procedures and rescinding Resolution Nos. 75 -31 and 89 -102. After discussion of the placement of audience comments, Councilman Kuykendall moved, seconded by Councilman Ryan to leave the audience comments where it presently is on the agenda. The next item to be discussed and the procedures was 11.5 (Protests) Councilman McTaggart moved, seconded by Councilman Kuykendall to remove that section from the proposed rules and procedures. The motion carried. It was the consensus of Council to adopt these rules and procedures in concept and that staff should prepare a resolution and incorporate the changes made to the document by the Council. Lois Larue, 3136 Barkentine Rd., inquired when these rules and regulations would be distributed to the public. (At 11:05 P.M. Councilman McTaggart left the meeting.) MINUTES After clarification of a minor correction , Councilwoman Bacharach moved, seconded by Councilman Kuykendall moved to adopt the minutes of February 2, 1993. Motion carried. CITY COUNCIL REPORTS: REVISION TO VIEW PRESERVATION ORDINANCE (1806) Councilman Ryan presented his draft of a provision which would further the purposes of the view protection ordinance. He requested that this item be placed on a later agenda for Council consideration of the concept. (At 11 :07 P.M. Councilman McTaggart returned to the meeting.) Council then discussed if this matter should be discussed in closed session since the View Ordinance is an item under litigation. Paul Weisz, Chairman of the View Restoration Committee, requested that a copy of the matter be sent to the committee and they would then provide the City Council with their comments. It was the consensus that this proposal should be sent to the View Restoration Committee for their comments and also to the Planning Commission. The City Attorney announced that she would submit a memorandum to the Council about this matter. R.U.L.E. UPDATE (1401) CITY COUNCIL MINUTES FEBRUARY 16, 1993 PAGE 7 Mayor Brooks summarized her efforts in working with the members of RULE to support legislation permitting students living in the Eastview area to attend the Palos Verdes Unified School District. Councilman Ryan moved, seconded by Councilman McTaggart to send a letter in support of Senator Roberti's legislation. Motion carried. STATUS OF DIRECTIVES Conceptual Trails Plan - Equestrian Category (701) It was the .consensus of the Council to have a meeting on April 24, 1993 with the Parks and Recreation Committee. Said meeting would be held at 9:00 A.M. at Hesse Park. .Lights at Peninsula High School (1401) It was the consensus of Council that the City Manager should be put an article in the Friday report regarding the lights now being planned for Peninsula High School location. AUDIENCE QUESTIONS Elizabeth Kelly, 6611 Vallon Dr., stated her support for a utility tax and a parcel tax as a means of raising revenue for the City. Roy Fulwider, 28219 Hazelridge, urged the Council to take immediate steps to institute a parcel and a utility tax. ADJOURNMENT: At 11:50 P.M.- the Council adjourned on moti' An of noun MAYOR ATTEST: CA Y CILERK Inan Ryan. CITY COUNCIL MINUTES FEBRUARY 16, 1993 PAGE 8