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CC MINS 19921109 ADJM I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR ADJOURNED MEETING NOVEMBER 9, 1992 The meeting of the City Council was called to order by Mayor McTaggart at 7:00 P.M. at Hesse Park Community Center, 29301 Hawthorne Boulevard. Notice of the meeting having been given with affidavit thereto on file. Following the Pledge of Allegiance to the Flag, roll call was answered as follows: PRESENT: BROOKS, RYAN, KUYKENDALL, BACHARACH AND MAYOR McTAGGART Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, Environmental Services Director Dudley Onderdonk, Public Works Director Trent Pulliam, Finance Director Brent Mattingly, City Attorney Carol Lynch and City Clerk Jo Purcell, CEREMONIAL EVENT Mayor McTaggart accepted on behalf of the City the Pedestrian Safety Award from the Automobile Club of Southern California. APPROVAL OF AGENDA The agenda was adopted on motion of Councilwoman Brooks, seconded by Councilwoman Bacharach. Motion carried. CONSENT CALENDAR Lois Larue, 3136 Barkentine, spoke to the following items: access to certain records scheduled for destruction, and to the Coastal Permit Amendment for Tract No. 40640. The consent calendar was adopted as follows on motion of Councilman Kuykendall, seconded by Councilwoman Bacharach. 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 Adopted the minutes of October 20, 1992. ORDINANCE NO. 282 - COASTAL PERMITS (701 X 1203) Adopted ORDINANCE NO. 282 REGARDING THE LIFE OF PERMITS FOR PROJECTS FOR WHICH APPEALABLE COASTAL PERMITS ARE ISSUED CONCURRENTLY AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE, RESOLUTION NO. 92 -104 - ANNUAL RECORDS DESTRUCTION (301) Adopted RESOLUTION NO. 92 -104 AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. BUILDING LEASE AGREEMENT WITH SMART SMR OF CALIFORNIA, INC. (1201 X 1203) Authorized the Mayor and City Clerk to sign the proposed Building Lease Agreement to construct a cellular telephone communication facility and antenna tower near the south side of the Administration Building at City Hall. RESOLUTION NO. 92 -105 - COASTAL PERMIT REVISION FOR TRACT NO. 40640 (LUNADA POINTE) ( 7 01 X 1411) Adopted RESOLUTION NO. 92 -105 DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF COASTAL PERMIT NO. 1 REVISION AND DEFERRING ACTION TO APPROVE TRACT NO. 40640 AMENDMENT NO. 2 FOR MODIFICATION TO CONDITIONS OF APPROVAL FOR TRACT NO. 40640 REGARDING PUBLIC ACCESS TO THE COASTLINE FROM THE TERMINUS OF MARGUERITE DRIVE IN COASTAL SUBREGION 1. DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOALS FY 1992 -93 (601) (1) Adopted the Fiscal Year 1992 -93 goals of 14% for disadvantaged Business Enterprise participation of Federally funded projects. (2) Directed the City Clerk to advertise these goals for comment and post same at City Hall for a period of 30 days. RESOLUTION NO. 92 -106 - REGISTER OF DEMANDS Adopted RESOLUTION NO. 92 -106 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: BROOKS, RYAN, KUYKENDALL, BACHARACH, AND MAYOR McTAGGART NOES: NONE RECYCLE DRAWING: A member of the press drew a card for the August winner of the free trash pick -up award. PUBLIC HEARINGS: MULTIPLE FAMILY RESIDENTIAL REFUSE & RECYCLING COLLECTION FEES (1301) Mayor McTaggart opened the public hearing on the multiple family residential refuse & recycling collection fees The City Clerk reported that notice of the public hearing had been duly published and that no written protest had been received. Assistant City Manager Antil presented the staff memorandum of November 9th and the following recommendations: to adopt a resolution establishing revised multi- family residential rates for calendar year 1993. Council briefly inquired about the number of multi - family dwellings that use the "scout" service, and if residents would be informed that the City was able to negotiate a lower rate with the hauler because of the economy. There being no response to the Mayor's call for public testimony, he declared the hearing closed. Councilwoman Brooks moved, seconded by Councilman Kuykendall to adopt RESOLUTION NO. 92 -106 ESTABLISHING THE MULTIPLE FAMILY RESIDENTIAL REFUSE COLLECTION RATES CITY COUNCIL 2 NOVEMBER 9, 1992 IN THE CITY. Motion carried. TRACT NO. 33034 (PALOS VERDES PANORAMA) AMENDMENT NO. 1 (1411) Mayor McTaggart opened the public hearing on Tract No. 33034 (Palos Verdes Panorama) Amendment No. 1. The City Clerk reported that notice of the public hearing has been duly published and that no written protest had been received. Staff reported that the applicant had requested a continuance of this matter. Councilman Kuykendall moved, seconded by Councilwoman Brooks to continue this matter to December 15, 1992. Motion carried. REQUEST FOR VACATION RIGHTS -OF -WAY WITHIN THE ISLAND VIEW TRACT (1408 X 1411) Director of Public Works Pulliam presented the staff memorandum of November 9th and the recommendation to deny the request to initiate vacation proceedings for a portion of Whitley Collins Drive within Tract 38848. Council inquired what the annual maintenance cost for the streets within this tract would be; how many of the entrances would have card type entries; and, if there would be certain hours that the public would have access. Speaking in favor of the staff recommendation was Lois Larue, 3136 Barkentine Rd. Representing the Island View Homeowners Association was Ron Beck, who clarified that their original request was not to vacate all of the streets but only Whitley Collins; however, when they learned that the City Council might be interested in vacating all of the streets the Association felt they would be willing to accept that responsibility. He expressed uncertainty about whether the Association wanted a guard at the guard house all of the time and about a card entry system at Crenshaw. He said no decision had been made yet about those items because the Association is getting information relative to the costs. Mr. Beck then described some of the vandalism that has taken place in the neighborhood and said that people are concerned about their safety. Council inquired if the Association considered closing the entrance on Crenshaw and putting a guard at the Whitley Collins entry, and if they had considered the other long term capital improvement needs involved in street maintenance. Also representing the Homeowners Association was Tom Coull, 49 Santa Catalina Dr., who distributed a sketch of the streets within the development and the proposed location of the guard house. He stated that this vacation was required to protect against vandalism and to preserve the privacy of the residents; that at Whitley Collins there is no impediment to pedestrian access; and, that there is no impedient to vehicular traffic. He said that the plans call for putting a guard house on an already existing island. He said that Island View would not be cut off, that there would be access either by car or pedestrian. Council inquired if an analysis had been done to determine the number of cars that will be now forced to use the Whitley Collins exit; whether the residents had been made aware of the cost involved in maintaining the streets; and, who would pay for the staff work involved in preparing this street vacation public hearing process. Councilwoman Brooks moved, seconded by Councilman Ryan to approve Alternative No. 2, the revised request to abandon the right -of -way for all streets within Tract No. 38848 which would result turning over maintenance responsibility to Island View Homeowners Association, and direct the staff to begin the public hearing procedure to start that process. The motion carried on the following roll call CITY COUNCIL 3 NOVEMBER 9, 1992 vote: AYES: BROOKS, RYAN, KUYKENDALL, MAYOR McTAGGART NOES: BACHARACH PUBLIC ART FEE ALTERNATE USE (1201 X 602) City Manger Bussey presented the memorandum of November 9th and the recommendation that if Council decided to make a change in the current amount of the established Art fee, staff should be directed in initiate amendments to Resolution No. 90 -57. Council inquiry centered on if the Environmental Excise Tax needed a nexus and if a vote of the people was necessary to increase this tax; clarification that this tax is on the first bedroom only; and, that the Federal Government mandate regarding the use of these art fees requires the artist's approval for removal of their art. Councilwoman Brooks moved, seconded by Councilman Ryan to eliminate the public art fee and increase the Environmental Excise Tax. Council discussion of the motion centered on the Possibilities of getting an agreement with artists' prior to the installation of the public art; the fact that this money would go into the General Fund; explanation that this tax is paid at the time of issuance of a building permit; and, the suggestion that this matter be deferred until a decision is made by the Long Range Finance Committee and can be considered by them along with other items. Councilman Kuykendall moved a substitute motion, seconded by Councilman Ryan to defer a decision on this matter and refer the matter to the Long Range Finance Committee for inclusion in their deliberations on long term financing. The motion carried on the following roll call vote: AYES: BROOKS, RYAN, KUYKENDALL, BACHARACH AND MAYOR McTAGGART NOES: NONE REFUSE COLLECTION CONTRACT AMENDMENTS & CONSIDERATION OF PROVIDING NOTICE ON TERM OF AGREEMENT. (1301) Assistant City Manager Antil presented the November 9th memorandum and the following recommendations: (1) Authorize the staff to prepare formal contract amendments to the Single Family Residential Refuse Franchise Agreements with Waste Management and Ivy Rubbish Disposal relating to the following items: (a) holiday pick -up; ( b ) senior citizen discounts; ( c ) "pup" route service rates; and, ( d ) service "turn-off" due to temporary vacancies. ( 2 ) Discussion of Waste Management contract alternatives regarding amendments to the contract relating to: (a) rate increase formula; (b) pilot Green Waste Program; and, (c) Citywide Green Waste program. (3) Consideration of giving formal written notice of nonextension to Waste Management and Ivy Rubbish Disposal as outlined in Section 1, No. 3 Term of Agreement of the respective contracts or set a new term for a specified time period in consideration of the Green Waste program. Considerable Council discussion ensued and focused on the following: the loss of revenue resulting from the senior citizen discount; how people are made aware of this discount; whether the $30 administrative fee would be paid at the start of the vacancy or when the service was resumed; clarification that proof of the house vacancy was for 90 days in order to get a refund; and, what mechanism would be used to monitor the discontinued service if it goes beyond a year. City Manager Bussey then summarized the items that would have to be addressed whether or not formal notice of nonextension of the contract is given to the haulers: the .9 Profit Portion of Rate Increase Formula; the Pilot Green Waste Program; and, the Citywide Green Waste Program. CITY COUNCIL 4 NOVEMBER 9, 1992 During Council discussion of these items, concern was expressed that the City's Green Waste program might be a little ahead of its time since the Puente Landfill is not ready for the green waste. Lois Larue, 3136 Barkentine, encouraged the use of composting by all individuals and spoke in support of Hilde Alberle's request for a reduction in her billing because she only has one trash can picked up per month. RECESS AND RECONVENE: At 9:05 P.M. the Mayor declared a recess. The meeting reconvened at 9:15 P.M. The next issue to be discussed relative to this contract was the holiday pick -up and how the lack of it on certain holidays should be reflected in customer billing. Councilman Kuykendall moved, seconded by Councilwoman Bacharach to figure in advance holiday billing and include Labor Day as a City holiday. Motion carried. Subsequent discussion focused on such issues as the senior citizen discount; how a hardship program could be implemented; whether trash pick -up should be on a volume basis; and, relative to the Green Waste program, the fact that this material requires the extra step of being taken to a transfer station which results in higher costs to the hauler. Councilwoman Brooks moved, seconded by Councilman Ryan to put Waste Management and Ivy Rubbish Disposal on notice; to negotiate the green waste program with Waste Management at no increased cost to the City and to negotiate removal of the .9 Profit Factor. The motion carried on the following roll call vote: AYES: BROOKS, RYAN, KUYKENDALL, BACHARACH AND MAYOR MCTAGGART NOES: NONE Mayor McTaggart moved, seconded by Councilwoman Brooks to trade the senior citizen discount for a hardship policy that is substantial rather than token, that staff negotiate that amount and get the best possible reduction. Councilman Kuykendall moved, seconded by Councilman Ryan to approve the following staff recommendations: the monthly per household rate of $21.97 for "pup" service; a "stand -by" charge of $30.00 to cover administrative costs associated with turning the service off and back on which would be charged only once; the shut -off verification for a 12 -month period only; and, that temporary shut -off amendments would be retroactive to January 1, 1992. The motion carried on the following roll call vote: AYES: BROOKS, RYAN, KUYKENDALL, BACHARACH, AND MAYOR McTAGGART NOES: NONE With regard to the issue of the Refuse Subcommittee, it was the consensus to make a decision about that matter at the first meeting in December. RECYCLING FUND ALTERNATIVES (1301) Assistant City Manager Antil presented the staff memorandum of November 9th and the recommendation that if Council wishes to make any changes in the use of recycling fund monies that staff be instructed to bring back any necessary documentation to accomplish said changes. A brief Council discussion ensued relative to the marketing aspects for the recycling program. Councilman Kuykendall moved, seconded by Councilwoman Bacharach to hold a public hearing to discuss the reallocation of these funds. CITY COUNCIL 5 NOVEMBER 9, 1992 Motion carried. MOTORCYCLE TRAFFIC ENFORCEMENT PROJECT (1206) Councilman Kuykendall summarized the motorcycle traffic enforcement project which is a pilot traffic enforcement program being conducted in the cities of Walnut and San Dimas. He referred to the background information on this project which had been presented at the October 29th meeting of the Regional Law Enforcement Committee. This overview of the program described the method of selection for personnel, and the training and supervision that the personnel involved in this program would be getting. The cities of Walnut and San Dimas are now just completing their third month of this Program during which time the feed -back from City officials and citizens has been overwhelmingly positive. Captain Bill Mangan, Commander of the Lomita Sheriff's Office, told the Council that to implement such a program in the City would require a fullscale evaluation of the area; that this pilot program was begun prior to the financial problems now being experienced by the County; and, that after having figured out the annualized cost it came out comparable to the cost of a patrol car. When the pilot program is completed he felt that they would be ready to look at individual communities to determine the applicability. It was the consensus that the sub - committee should go ahead and continue to monitor this pilot program GRAFFITI - APPREHENSION AWARD PROGRAM (1206) Referring to the recent incidents of graffiti along Hawthorne Boulevard, Councilman Kuykendall moved, seconded by Mayor McTaggart to direct the City Attorney to draft an ordinance, with input from the Sheriff's Dept., on the implementation of a reward system for information leading to the apprehension of people responsible for graffiti within the City. Motion carried. COUNCIL DIRECTIVES Council requested that item No. 2 (Peninsula Wide Recreation and Parks District) be removed and that further clarification be given to the title on Item No. 10 ( 72 Deferral) E.I.R. - GREEN LINE (1505) Councilman Ryan moved, seconded by Councilwoman Brooks to contribute $2,500 of Prop "A" Funds for the preparation of the Environmental Impact Report for the Green Line. The motion carried on the following roll call vote: AYES: BROOKS, RYAN, KUYKENDALL, BACHARACH AND MAYOR McTAGGART NOES: NONE (At 10:25 P.M. Councilman Ryan left the meeting.) AUDIENCE QUESTIONS: Lois Larue, 3136 Barkentine Rd., spoke relative to the issue of salaries. (At 10:29 P.M. Councilman Ryan returned to the meeting.) CITY COUNCIL MEETINGS (307) It was the consensus of Council to hold the first meeting of December on Monday, December 7, 1992 and to hold the first meeting in January 1993 on Monday, January 11th. CITY COUNCIL 6 NOVEMBER 9, 1992 ADJOURNMENT: At 10:35 P.M. the meeting adjourned on motion of Councilwoman Brooks, seconded by Councilman Kuykendall. MAYOR ATTEST: i Y C RK C11992 CITY COUNCIL 7 NOVEMBER 9, 1992