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CC MINS 19920721M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 211 1992 The meeting was called to order at 6:30 P.M. by Mayor McTaggart at the Hesse Park Community Center, 29301 Hawthorne Boulevard. The Council immediately recessed to a closed session. The meeting reconvened at 7:00 P . M. by Mayor McTaggart . 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, Deputy City Manager Mark Rohloff, Director of Environmental Services Dudley Onderdonk, Public works Director Trent Pulliam, City Attorney Carol Lynch, and City Clerk Jo Purcell. The City Manager announced that on the Register of Demands required amendment by deleting Voucher No. 8 for $750 from the City's Register of Demands and adding it to the Redevelopment Agency's Register;additionally, that authorization for Mayor Pro Tem. Brooks, to go to Sacramento to lobby on behalf of all contract cities regarding the proposed State budget would be for one meeting only. CLOSED SESSION City Attorney Lynch announced that the City Council had met in closed session and discussed the cases of Stuart vs. the City of Rancho Palos Verdes and the Sierra Club, et al. vs. the City of Rancho Palos Verdes. APPROVAL OF AGENDA Councilwoman Brooks moved, seconded by Councilman Kuykendall to approve the agenda. The motion carried. CONSENT CALENDAR The consent calendar was modified as follows: Minutes of July 7, 1992 and Grading Application No. 1390 Appeal (Forrestal) were removed from the agenda and continued to August 4, 1992; Permit Parking in the Silver Arrow area; Daladier Assessment District No. 5A Litigation Cost; Sea Cove Assessment District No. 7 Litigation Costs; National Pollutant Discharge Elimination System ( NPDES ) Permit No. CA0061654- CI9648; Permit Implementation Agreement; and, Allocation of Proposition "C" Discretionary Funds to RTD FY 92 -93 Budget Shortfall were removed and heard after the Regular Business. 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 June 22, 19920 RESOLUTIONS CERTIFYING PREVIOUS COUNCIL VACATION OF EASEMENTS - RESOL. NO. 92 -75 ORDERING VACATION OF THE CONSTRUCTION AND SLOPE EASEMENTS ON LOT 74, TRACT NO. 18820 - RESOL. NO 92 -76 ORDERING VACATION OF THE CONSTRUCTION AND SLOPE EASEMENTS ON LOT 11 TRACT NO. 18820 - RESOL. NO. 92 -77 ORDERING VACATION OF THE CONSTRUCTION AND SLOPE EASEMENTS OF LOT 211 TRACT NO, 20429. ( 4 5 0 X 14 0 8 ) Adopted RESOLUTION NO. 92 -75 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDERING VACATION OF THE CONSTRUCTION AND SLOPE EASEMENTS ON LOT 74, TRACT 18220. Adopted RESOLUTION NO. 92 -76 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDERING VACATION OF THE CONSTRUCTION AND SLOPE EASEMENTS ON LOT 11 TRACT 18220. Adopted RESOLUTION NO, 92 -77 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDERING VACATION OF THE CONSTRUCTION AND SLOPE EASEMENTS ON LOT 21, TRACT 20429. CALIFORNIA CONTRACT CITIES ASSOCIATION LEGISLATIVE COMMITTEE - LOBBYING REGARDING STATE BUDGET (306 X 602) Authorized Mayor Pro Tem Brooks, as a member of Contract Cities Legislative Committee, to go to Sacramento to lobby on behalf of all Contract Cities regarding the proposed State Budget. Funds shall be paid from the Council's Special Meeting Fund. Said authorization for one meeting only. RESOLUTION NO, 92 -78 ESTABLISHING NO RIGHT TURN ON RED FROM DUPRE DRIVE TO HAWTHORNE BOULEVARD (1502) Adopted RESOLUTION NO. 92 -78 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING NO RIGHT TURN ON RED REGULATION ON DUPRE DRIVE AT HAWTHORNE BOULEVARD, REQUEST FOR AUTHORIZATION TO CLAIM SURFACE TRANSPORTATION PROGRAM (STP) 110 PERCENT GUARANTEE FUNDS (1505) Authorized staff to claim our FY 92 -93 and FY 93 -94 STP Allocation for use on the Palos Verdes Drive South Westbound Project and the Palos Verdes Drive East Reconstruction Project from the City limits to the Via Canada Project. REQUEST FOR AUTHORIZATION TO APPLY FOR PROPOSITION "C" FUNDING (1505) Authorized staff to apply to use the FY 92 -93 local return allocation of Prop "C" Funds for the Palos Verdes Drive South Westbound Reconstruction Project ( 301, 649 ) and the preparation of a Pavement Management Systems ($15,000). RESOLUTION NO. 92 -79 - REGISTER OF DEMANDS Adopted RESOLUTION NO. 92 -79 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 PROPOSED ORDINANCE REGULATING GAS STATION CONVERSION (1801) City Attorney Lynch presented her memorandum of July 16, 1992 and summarized the basic features of the proposed ordinance: if adopted, the ordinance would add a new Chapter 17.45 to the Municipal Code; a gasoline service station owner may convert a service station to another use only after applying for and receiving a conditional use permit from the Planning Commission after a conversion hearing; this ordinance would not preclude a service station from going out of business. Instead, it would regulate the conversion of a service station to any other use. If an owner went out of business and did not have any plans for future use of the property for another purpose, this ordinance would not of fect the discontinuation of the business. However, since most property or business owners probably would 2 JULY 21, 1992 not want to have their properties standing idle and producing no income, they would want to apply for the conditional use permit prior to going out of the service station business. Thus, the ordinance may have the practical effect of precluding or delaying some owners from going out of business, even though the ordinance would not expressly address that issue. Continuing with her report, Ms. Lynch said that the Planning Commission would be required to grant the C.U.P. if it found that one of three conditions were met: (1) there were comparable automotive goods and services available at other reasonably accessible locations; ( 2 ) the proposed converted use would have to be more necessary and desirable than the continued use of the property as a gasoline station; and (3) that the owner of the subject property was not earning a fair return on investment. Lois Larue, 3136 Barkentine, stated she had not been given due process with regard to receiving the agenda package. Council discussion centered on the number of stations in the city; the fact that the ordinance deals with the change of use of these structures but that the stations in the City are instead closing. Speaking in support of this proposed ordinance were the following persons: Charles Webster, 2343, owner of the 76 Station on Silver Spur, expressed concern regarding closure of stations through the area. He said that fifteen years ago there were 20 stations in the general vicinity and now because of a new policy being pursued by the oil companies there are considerably less. Ron Stankey, 6940 Starstone Drive, told the Council that Palos Verdes 2000 will be addressing this phenomena in their report and he supported the recommendation that this ordinance be sent to the Planning Commission for adoption. Additional Council discussion centered on issues dealing with fair rate of return on investment and market value of the property versus current appraisal value. Councilwoman Brooks moved, seconded by Councilwoman Bacharach to send this proposed ordinance to the Planning Commission and that the issue of conversion be linked to market value and fair return on investment. Further comments focused on such things as the cost for sanitizing these lots versus installation of new tanks; and, whether it was the City's place to get involved in what might be considered a private sector issue. The motion carried on a four - one vote with Councilman Kuykendall voting in opposition. RESOLUTION NO. 92 -80 - LONG RANGE FINANCE COMMITTEE (602) Deputy City Manager Rohlof f presented the staff memorandum of July 21st and the recommendation to adopt a resolution establishing a Long Range finance Committee. Councilwoman Bacharach moved, seconded by Councilwoman Brooks to adopt RESOLUTION NO. 92 -80 ESTABLISHING A LONG RANGE FINANCE COMMITTEE. Motion carried. It was the consensus that the Budget Subcommittee (Mayor McTaggart and Councilman Kuykendall) would be the Council liaison with this committee. PERMIT PARKING - LUNADA POINT TRACT (1502) Director of Public Works Pulliam presented the staff memorandum of July 21st and the recommendation that if the City Council is interested, to refer this matter to the Planning Commission with directions to combine this issue with another current request for gate closure at this project. Council concerns concentrated on if this change would require an amendment that would have to be heard by the Coastal Commission; and, if the build -out of the 3 JULY 21, 1992 adjacent HMDI property would relieve this parking problem. Lois Larue, 3136 Barkentine Road, spoke relative to coastal access. Councilwoman Brooks moved, seconded by Councilman Ryan to adopt the staff recommendation and to make the Planning Commission cognizant of Council comments. Motion carried. PAID CAMERA OPERATORS (307 x 605) Assistant to the City Manager Antil presented the staff memorandum and the staff recommendation of July 21st to consider authorizing a budget adjustment to contract for two paid camera operators for camera coverage at the City Council meetings. Representing the Amateur Radio Club was Paul Weisz, 32365 Phantom Drive, who expressed the Club's commitment to volunteer to operate the cameras. Speaking relative to the age and condition of the equipment presently used for video taping Council meetings was Peter Von Hagen, 28410 Meadowmist. Council discussion focused on the age of the equipment presently used; the fact that the room used for Council meetings was not an established council chamber and the effects the set -up and breakdown procedures had on the type of equipment that could be used, and if Dimension Cablevision would be willing to supply new videotaping equipment. Councilman Kuykendall moved, seconded by Councilwoman Brooks to not have paid camera operators but ask the Radio Amateur Club to provide volunteers; leave the production person at the current level; and, send a letter to Dimension Cablevision requesting that they supply the City with new equipment. Motion carried. ITEMS REMOVED FROM THE CONSENT CALENDAR: RESOL. NO. 92 -81 - PERMIT PARKING ON SILVER ARROW (1401 x 1502) Director of Public Works Pulliam presented the staff memorandum of July 21st and the recommendation to adopt a resolution establishing permit parking on various streets in the Silver Arrow area in accordance with the conditions for school area permit parking. Speaking in support of permit parking were the following residents of the area: Ed Ballard, 5234 Silver Arrow, who told the Council that he had circulated a petition in his neighborhood and that all but two of his neighbors had signed it and were in favor of the permit requirement. He described the condition of the streets and in particular their width and how it was not conducive to a heavy concentration of parking on both sides. Robert Markl , 5228 Silver Arrow, who has lived in the area since 1977 said that this parking problem has arisen only since the consolidation of the high schools. He described the speed of the downhill traffic on Silver Arrow and the trash resulting from student parking. Jim Mitchell, 5229 Silver Arrow Drive, who has lived there for 32 years said that even though there is additional student parking available near the former location of the Buffum's store, that students still park on that street. Council then began their deliberation of this matter and concern was expressed about extending this permit parking down to Longhill and Fawnskin; if the issue of these narrow streets was ever discussed by the Traffic Committee; and, if parking should be permitted on only one side of Silver Arrow. It was the consensus that the proposed resolution should be amended to institute permit parking on Silver Arrow Drive from Silver Spur to Longhill. 4 JULY 21, 1992 Councilwoman Bacharach moved, seconded by Councilman Ryan to adopt RESOLUTION NO. 92 -81 AMENDING RESOLUTION NO. 91 -82 REGARDING CERTAIN PARKING RESTRICTIONS. Motion carried. DALADIER UNDERGROUNDING - LITIGATION COSTS (901) Public Works Director Pulliam presented the staff memorandum of July 21st and the recommendation that the City absorb the legal costs for litigation associated with the Daladier Assessment District. Council discussed the pros and cons of the City absorbing the litigation costs of approximately $41,000 for the defense of this district: under what circumstances this district would have to go to another public hearing; and, when new design costs estimates would be available. Representing Southern California Edison was the Area Manager Scott Gobble who explained that technology and design features had changed since the district was designed seven years ago. In response to Council's question about costs and if they would be increased or decreased, Mr. Gobble said he was not yet prepared to answer that question. Council continued its discussion relative to the litigation costs and the fact that this cost was spread out over the past five years; if the legal costs should be absorbed by the city or included in the cost of the district and paid by those living in the district; and, the fact that the City promotes the undergrounding of utilities. Councilwoman Bacharach moved, seconded by Councilman Kuykendall to table this matter until additional information regarding the costs is available. Motion carried. RECESS & RECONVENE At 9:05 P.M. Mayor McTaggart declared a recess; the meeting reconvened at 9:15 P.M. SEA COVE ASSESSMENT DISTRICT - LITIGATION COSTS (901) Director of Public Works Pulliam presented the July 21, 1992 staff memorandum and the recommendation that the City absorb the legal costs for litigation associated with the Sea Cove Assessment District. (Citing his conflict of interest in this matter, Councilman Ryan left the meeting, the time being 9:16 P.M.) Rudy Maus, 420 Mesa Road, Santa Monica, inquired if the City was going ahead with this undergrounding district. Responding to Council's inquiry, Edison Company representative Scott Gobble told the Council that this district did not have to be redesigned. As with the Daladier, District, it was the consensus that additional information regarding costs would have to be generated by staff before a decision could be made on this matter. Councilwoman Bacharach moved, seconded by Councilman Kuykendall to table this matter until all the necessary information regarding costs is available. Motion carried. (At this time Councilman Ryan returned to the meeting.) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)(1402) 5 JULY 21, 1992 Director of Public Works Pulliam presented the staff memorandum of July 21st and the staff recommendation that the City Council approve the National Pollutant Discharge Elimination System (NPDES) Permit No. CA0061654- CI6948 Permit Implementation Agreement. Speaking in favor of this was Lois Larue, 3136 Barkentine Road. Councilwoman Bacharach moved, seconded by Councilman Ryan to adopt the staff recommendation. The motion carried on the following roll call vote: AYES: BACHARACH, RYAN, & MAYOR McTAGGART NOES: BROOKS AND KUYKENDALL MARYMOUNT COLLEGE STREET PARKING (1804) Councilwoman Brooks ,summarized her memorandum to the Council on the parking problems in and around Marymount College and recommended that staff be instructed to prepare a plan for consideration by the Traffic Committee that would create a permit parking system for residents living in the vicinity of Marymount College and for a left turn lane from Palos Verdes Drive East onto Casilina. Council dialogue on this matter centered on whether the issue had been considered by the Traffic Committee; if the homeowner associations were aware of this recommendation; and, if the City should consider a parking fee for the area. Councilman Ryan moved, seconded by Councilwoman Brooks to adopt the recommendation, notify the homeowner association in the area of this proposal, and have staff investigate fee parking for Palos Verdes Drive East. The motion carried on a four - one vote with Councilwoman Bacharach voting in opposition. STATUS OF DIRECTIVES Zip Code Revisions - Councilwoman Brooks reported on her contact with Senator Seymour's office regarding this matter and how consideration of this matter was now in the 1160 -day process" by the Post Office. Relocation of Signal at Crest - Council requested the status of moving the light at Lucania /Starline drive closer to the intersection and inquired if thought had been giving to moving the extra light to Hawthorne at Vallon. Green Waste Program - Council requested that this item be added to the directives. AUDIENCE COMMENTS: Responding to the Mayor's call for audience comments for items not on the agenda was L. A. County Sheriff's Deputy David Rozas who explained his involvement with the Student and the Law Program and related the results and benefits to students who attend these classes at the high schools. He summarized the costs for conducting this class at various levels, e.g., two, three, or four classes per week, and requested that Council consider funding it at Peninsula High School. Also speaking for support of this program was Jan Hillger, an assistant principal at Peninsula High School. In responding to this request, Council inquired of the amount that the School District contributes to the support of this program; the last date on which a decision could be made with regard to sponsoring this program considering the fact that the school was now preparing its Fall schedule; if it could be feasible to skip a semester and start the program up in the spring; and, the fact that the City still doesn't know how much the State will reduce funding for local 6 JULY 21, 1992 government. Staff noted that funds for the program were not included in the proposed budget. CHANGE IN AGENDA Councilman Ryan moved, seconded by Councilwoman Brooks to reconsider the matter on the Allocation of Proposition "C" Discretionary C. Funds. Motion carried. Instead of sending a staff member to attend the July 22nd meeting of the LACTC, Councilman Ryan moved, seconded by Councilwoman Brooks that the majority opinion of the Council be made known to the LACTC but that no staff member be sent to the meeting. A brief discussion ensued about the beneficial effects of having a representative at these meetings. The motion carried on a four - one vote with Mayor McTaggart voting in opposition. ADJOURNMENT: The meeting adjourned at 10:10 P.M. on motion of Councilwoman Bacharach, seconded by Councilwoman. Brooks and carried. Attest: VIII iipl' 7 JULY 21, 1992