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CC MINS 19921215M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 15, 1992 The meeting of the City Council was called to order by Mayor 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, RYAN, McTAGGART, AND MAYOR BROOKS ABSENT: BACHARACH Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, Finance Director Brent Mattingly, Environmental Services Director Dudley Onderdonk, Public Works Director Trent Pulliam, City Attorney Carol Lynch, Recreation and Park Director Mary Thomas, and City Clerk Jo Purcell. APPROVAL OF AGENDA Added to the agenda under City Council Reports were the following items. P.V. Transit Administrator; View Covenants; and, Graffiti. The agenda was adopted on motion of Councilman Ryan, seconded by Council McTaggart. Motion carried. CONSENT CALENDAR The Franchise Agreement with Waste Management and Ivy Rubbish was removed from the consent calendar and discussed after the Regular Business. The remainder of the consent calendar was then approved as follows on motion of Councilman McTaggart, seconded by Councilman Ryan. 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. RESOLUTION NO. 92 -123 - AUTHORIZATION FOR USE OF FACSIMILE SIGNATURES FOR BANKING TRANSACTIONS - (602) Adopted RESOLUTION NO. 92 -123 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE USE OF FACSIMILE SIGNATURES. RESOLUTION NO. 92 -124 - BUDGET ADJUSTMENT (602 x 1202) Adopted RESOLUTION NO. 92 -124 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 92 -99, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1992 -93, FOR CONSULTING SERVICES FOR PERSONNEL CLASSIFICATION STUDY. RESOLUTION NO. 92 -125 - STRIPING MODIFICATIONS ON PALOS VERDES DRIVE EAST AT CASILINA (602 X 1404) (1) Authorized staff to solicit a proposal from a qualified engineer to prepare traffic marking plans for striping modification and an engineer's estimate of cost for the proposed improvements. (2) Adopted RESOLUTION NO. 92 -125 OF THE CITY COUNCIL OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 92 -99, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1992 -93 FOR TRAFFIC IMPROVEMENTS AT VIA CASILINA. (3) Deferred implementation of the modifications until Fiscal Year 1993 -94, AMENDMENT TO PROMISSORY NOTE - 5672 SUNMIST DRIVE (1202) Approved the amendment to the promissory note securing the City's interests in property at 5672 Sunmist Drive by extending the time period allowed for initial improvements to be completed. RESOLUTION N09 92 -126 - REGISTER OF DEMANDS Adopted RESOLUTION NO. 92 -126 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, AND MAYOR BROOKS ABSENT: BACHARACH CHAMBER OF COMMERCE PRESENTATION Steve Fowler, President of the Palos Verdes Peninsula Chamber of Commerce gave an overview of the activities of the Chamber for the year 1992 and reviewed the goals for the year 1993. PUBLIC HEARINGS: TRACT NO. 33034 (PALOS VERDES PANORAMA) AMENDMENT NO. 1 (450 X 1411) Environmental Services Director Onderdonk presented the staff memorandum of December 15th and the recommendation that the tract amendment be approved, thereby transferring maintenance responsibilities of the Pt. Vicente Trail easement (including the path and stairs) to the City. With regard to the applicant's request to donate the easement to the City, staff made no recommendation as this was deemed to be a Council policy decision. Representing the Palos Verdes Panorama Homeowners Association was Jon Cartwright, President, 30630 Calle de Suenos, who described the association's area as a small development at the Southern tip of Calle de Suenos having eleven homes. He requested that the tract map for that area be amended to eliminate any and all language pertaining to a pedestrian access easement and to show that ownership and maintenance of the Point Vicente path and stairs be transferred to the City. Mr. Cartwright then summarized the history behind this pedestrian path: in 1977, as a condition of approval of the tract, the developer was required to construct a path that would join a pathway to be built by the City whenever it acquired the deed to a home located in a larger tract below the Panorama development. In 1979 the City purchased lot 32 on Rue de La Pierre and carved a piece from this property to construct the lower portion of the Pt. Vicente path. The City built retaining walls, provided fencing, and widened a driveway. After the path was constructed, the City sold the house and now owns and maintains the lower portion of the pathway. As a result, eleven homeowners pay for the maintenance and liability for the entire upper portion of the pathway. He stated that the pathway is not for the benefit of the Homeowners Association but rather for the benefit of the public at large. For this reason the Association felt it was unfair that they be compelled to maintain and own this easement. Stating that it did not make sense for the City to own and maintain the lower half of the pathway while the Association maintained the upper half, Mr. Cartwright requested that the City accept the Association' s gift to own and maintain the upper portion of the easement. There being no response to the Mayor's call for additional public testimony the CITY COUNCIL MINUTES DECEMBER 15, 1992 PAGE 2 Mayor declared the public hearing closed. Councilman Ryan moved, seconded by Councilman McTaggart to adopt the staff recommendation with the transfer of ownership of the easement to the City for no fee. Motion carried. It was the consensus that staff would prepare the necessary documents for transfer of ownership. RESOLUTION NO. 92 -127 - "PUP" ROUTE REFUSE SERVICE RATE ADJUSTMENT (1301) Mayor Brooks opened the public hearing on the "Pup" route refuse service rate adjustment. The City Clerk reported that notice of the public hearing had been duly published and that no written protests had been received. Assistant City Manager Antil presented the staff memorandum of December 15th and the recommendation that a resolution establishing the residential pup route refuse service rates in the City be adopted. There being no response to the Mayor' s call for public testimony she declared the public hearing closed. Councilman Kuykendall moved, seconded by Councilman Ryan to approve the staff recommendation and adopt RESOLUTION NO. 92 -127 OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING THE RESIDENTIAL PUP ROUTE REFUSE SERVICE COLLECTION RATES IN THE CITY. Motion carried. FISCAL YEAR 1991 -92 COMPREHENSIVE ANNUAL FINANCIAL REPORT (602) Finance Director Mattingly presented the staff memorandum of December 15th and recommendation that after Council had reviewed the audit that they order received and file the FY 1991 -92 Comprehensive Annual Financial Report and the corresponding management letter. Councilman Ryan moved, seconded by Councilman McTaggart to adopt the staff recommendation. Motion carried. 1972 ACT LANDSCAPING AND LIGHTING DISTRICT - HARDSHIP DEFERRAL OF ASSESSMENTS (901) Finance Director Mattingly presented the staff memorandum of December 15th and the recommendation that the City Council approve the Agreement between the City and property owners for temporary hardship rebates of the assessments levied for the Citywide Landscaping and Lighting Maintenance District, along with the standard Promissory Note. A brief Council discussion ensued relative to including in this policy the administrative cost. Councilman Ryan moved, seconded by Councilman McTaggart to adopt the staff recommendation with the amendment to include administrative cost. Motion carried. TAXATION OF GOLF COURSES (1501) Assistant City Manager Antil presented the staff memorandum of December 15th and the recommendation to authorize the staff to draft an ordinance that would establish a golf course tax in the City. Council requested that this tax be on a percentage basis and that the tax be at CITY COUNCIL MINUTES DECEMBER 15, 1992 PAGE 3 least $1.00 or a percent, whichever is greater. Councilman McTaggart moved, seconded by Councilman Kuykendall to adopt the staff recommendation. Motion carried. PRIVATIZATION OF THE RECREATION FUNCTION (1201) Recreation and Parks Chair Marilyn Lyon gave an overview of the committee's deliberation in considering the privatization of the Parks programs: that the City conduct a survey to determine what people are willing to pay for in their parks program; that because the Summer program will be advertised in the Recreation Guide in early Spring that immediate input was needed from this survey; that the Committee made a recommendation not to eliminate any programs until they had more input from public; that staff had been in contact with the Harbor Foundation to help with the funding for the Reach program; and, that parking fees be considered for the Interpretive Center. Council then commented on the validity and adequacy of conducting a phone survey. Sunshine, 6 Limetree, related her recollection of comments made at the Recreation & Park Committee meeting when privatization was discussed. Council then inquired about the following: whether staff had information on the percentage of recovery of cost since the fee increases were made for the Fall programs; if, when the classes are started, costs are already known; and, a brief discussion relative to the preparation deadline of the Spring brochure. Finance Director Brent Mattingly presented a review of costs for the Fall recreation program in terms of cost recovery: although the enrollment and revenue figures were available, all of the expenditures for the programs had not yet been incurred or invoiced to the City; also, that it was difficult to allocate expenditures between the Summer and the Fall programs until all of the data had been recorded. He then highlighted some of the changes that have taken place in the Recreation Dept: (1) reduction or elimination of certain programs such as Teen Drop -in, outdoor adventures, Regional track meets, and, special events such as the Rose 'Parade, Halloween, and, Labor Day picnic. Continuing with his report, Mr. Mattingly stated that the 93 -94 Summer aquatics program had been eliminated from the 92 -93 budget, although some of the costs from last year's program were included in the current year budget. ( 2 ) Approximately a 40% reduction in full -time staff and that part -time hours had also been reduced. ( 3 ) The operating hours of Ladera Linda Community Center, Rancho Palos Verdes Park, and Hesse Park had been reduced. Point Vicente Interpretive Center had reduced the number of hours open by almost 30 %. (4) There had been a reduction in the magnitude of the REACH Program. ( 5 ) Fees had been increased at PVIC and Abalone Cove Shoreline Park and there had been an increase of 10% in class fees and an increased non - resident fee. Director Mattingly then summarized the categories requiring subsidies: the largest subsidy went to the open recreation (keeping the park building's open), special events, and, REACH; less subsidy was required for PVIC, Youth camps, and aquatics; and, none was required for Abalone Cove Shoreline Park, adult classes, youth classes and facility rentals. Stating that the last category of programs actually contributed to offset the fixed overhead cost of the department, he said that these programs not only recovered direct cost but they also contributed financially to the department. Continuing with his report, Mr. Mattingly stated that staff had identified specific areas in the Recreation & Park Dept. that if eliminated would reduce the subsidy to the department. Those areas included the REACH Program, special events, and the Aquatics program. Elimination of these programs would reduce the CITY COUNCIL MINUTES DECEMBER 15, 1992 PAGE 4 department's current $225,000 subsidy by approximately $30,000. Reduction in adult and youth classes would probably not reduce the $200,000 subsidy. In fact, he said that reduction in those areas may actually increase the subsidy required because there would be less revenue to cover the fixed department overhead. He stated that in attempting to reduce the required subsidy it may be more beneficial to focus on eliminating or finding alternative funding sources for the specific programs that required a high subsidy. Continuing with his report, he stated that the majority of fixed department overhead costs could not be substantially reduced without eliminating most park programs and open recreation, including the Closing of some or all park buildings; that open recreation demanded a high level of financial subsidization, and with a commitment to actively staff park facilities, it would make sense to try and schedule fee classes to cover the cost of park staffing. He stated that past analyses have indicated that the department subsidy could be reduced approximately $30,000 - $60,000 without eliminating open park buildings and related staffing requirements. However, the subsidy could be reduced by approximately $200,000 with the closure of all park facilities including the elimination of all recreation programs. Mr. Mattingly stressed that closing park facilities would have hidden costs such as vandalism, citing the School District's experience with vandalism at their closed Dapplegray School site. With regard to a reduction in the number of participants and its effect on revenues, Mr. Mattingly reported that participation had declined about 30% and revenues had declined about 20 %. At this time last year the City had received 54% of the total annual recreation revenues. This year, however, that figure was at 44% of the annual budget of $750, 000. Stating that it was difficult to attribute specific causes to these declines, he said it was likely that both the current recession and the increase in class fees were contributing factors. Council then inquired about the cost of keeping the parks open without recreation classes; if the cost for maintenance and continuation of the classes were separated; whether staff would have the necessary information for the January Council meeting to discuss this matter; and, clarification that the Abalone Cove revenues went into the General Fund-, APPRAISAL OF CONSERVATION EASEMENT FOR SWITCHBACK AREA (SUBREGION 7 & 8) (1411 X 701) Director Onderdonk presented the staff memorandum of December 15th and the recommendations as follows: (1) authorize staff to negotiate an agreement not to exceed $10,000 with a certified real estate appraiser to assess the value of a Conservation Easement on the City owned property commonly known as the Switchbacks. ( 2 ) Direct staff to proceed with the appraisal on the condition that the Ocean Trails landowners agree to pay all costs associated the appraisal. A lengthy Council discussion dealt with the necessity for this appraisal, whether it was a legal requirement; the fact that there was a market of only one person for this property; what the easement is worth to the City; and, whether the terms and conditions of the easement were more important than the monetary value placed on the property. Councilman Kuykendall moved, seconded by Mayor Brooks, that conditioned upon the fact that this becomes a requirement of the Ocean Trails approval that an appraisal of the property be performed. Lois Larue, 3136 Barkentine, spoke relative to using the Switchback as mitigation for the gnatcatcher and the sage scrub. Council then discussed what the City might have to relinquish in granting this CITY COUNCIL MINUTES DECEMBER 15, 1992 PAGE 5 easement; the value of this area to the City; who would maintain this easement; the protection needed in the area in the case that habitat are established there; and, if bonding would be required to insure its maintenance for a certain number of years. Councilman Kuykendall's motion to table the issue died for lack of a second. Councilman Ryan moved, seconded by Councilman Kuykendall that the staff inform the developer that the City is interested in working with them on this problem and to find out what all of the ramifications are in agreeing to this conservation easement with an indeterminate value placed on the property. Motion carried. ITEM REMOVED FROM THE CONSENT CALENDAR: CONTRACT AMENDMENTS -- WASTE MANAGEMENT AND IVY RUBBISH (605 x 1301) Assistant City Manager Antil presented the staff memorandum of December 15th and the recommendations as follows: Authorize the Mayor and the City Clerk to execute the amendments to the Agreement for Refuse Collection and disposal services with Waste Management of California, Inc. and Ivy rubbish Disposal regarding: (a) Holiday Pick -Up (Waste Management only) and (b) Temporary Vacancies (Waste Management and Ivy Rubbish Disposal). A brief Council discussion then clarified the holiday pick -up schedule and that those residents who missed pick -up because of the holiday would be refunded for such a missed service, beginning January 1, 1993; and, the fact that the City had put the trash hauler on notice which meant that they would have four years to fulfill the terms of the contract. Councilman Kuykendall moved, seconded by Councilman Ryan to adopt the staff recommendation. Motion carried. CITY COUNCIL REPORTS: CITY COUNCIL COMMITTEE ASSIGNMENTS (306) Mayor Brooks made the following appointments to the City Council Outside Committees: City Selection - Brooks /Kuykendall; League of CA. Cities - Brooks /McTaggart; Sanitation District - Brooks /Kuykendall; SCAG - Brooks /Ryan; So. Bay Corridor - McTaggart /Bacharach; SCJPIA - McTaggart /Ryan; So. Bay Cities Assoc. - McTaggart /Bacharach; Contract Cities - McTaggart /Brooks; West Basin Water District - McTaggart /Ryan; Juvenile Diversion - Brooks /Ryan; Santa Monica Bay - Brooks /Katherman; P. V. Transit Authority - Kuykendall /Ryan; MAX JPA - Kuykendall /Ryan; Regional Sheriff - Brooks /Kuykendall. Mayor Brooks announced the formation of the 20th Anniversary Committee and stated that if anybody is interested in joining the committee that they should contact City Hall. She also announced the Citizen of the Month Program and encouraged homeowner associations to forward any information on people whom they felt should be considered for this honor. Another activity the Mayor announced was the Student of the Month Program. P. V. TRANSIT ADMINISTRATOR (1505) Councilman Kuykendall reported on the need for a P.V. Transit Administrator for the JPA. He requested Council approval of staff time to help with the burden of these administrative duties and that the cost would be paid by the JPA. It was the consensus of Council to permit this usage of a staff member for these duties on a temporary basis. Councilman Kuykendall reported that on whatever action was CITY COUNCIL MINUTES DECEMBER 15, 1992 PAGE 6 taken by the Joint Powers Transit Authority would be reported back by him at the next City Council meeting. VIEW COVENANTS (1806) Referencing the Planning Commission's decision to allow landowners seeking discretionary permits the option of choosing a site vegetation inspection or a covenant to protect views, Councilman Ryan said that this was contrary to City Council policy and that any structures exceeding 120 sq. ft. were required to get a Covenant to Protect Views. It was the consensus that an Ordinance should be prepared encompassing this requirement for a covenant to protect views for additions exceeding 120 sq. feet. GRAFFITI (1206) Citing the fact that construction equipment already defaced with graffiti were being brought into the City by contractors, Mayor Brooks inquired whether there was a prohibition on this in the present graffiti ordinance. Council discussion then focused on including this regulation in business licenses information and also notification to the refuse companies. As a result of Council inquiry, it was the consensus that the City Attorney should investigate the possibility of including in the ordinance a provision for getting restitution from the parents of juveniles caught vandalizing City -owned property. CITY MANAGER REPORTS: Status of Directives - City Manager Bussey reported that there would be a FEMA update on the next Friday Report. AUDIENCE COMMENTS: Lois Larue, 3136 Barkentine, reported on the prompt service received at her home from the SPCA. SCHEDULE OF JANUARY 1993 MEETINGS: A brief discussion ensued relative to the schedule of meetings for the month of January, 1993. Because some members of Council would be attending the Corltkact Cities meeting and would be absent for the second meeting in January, it was the consensus that at the appropriate time staff should determine if a second meeting in January was necessary. ADJOURNMENT: At 9:25 P.M. the meeting adjourned on motion of ouncil� McTaggart. ATTEST: Y CLERK A:121592 CITY COUNCIL MINUTES DECEMBER 15, 1992 PAGE 7