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CC MINS 19901218M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 18, 1990 The meeting was called to order at 6:30 P.M. by Mayor Hughes at the Hesse Park Community Center, 29301 Hawthorne Boulevard and was immediately recessed to a closed session. The regular meeting convened at 7 :30 P.M. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: McTAGGART, HINCHLIFFE, RYAN, BACHARACH AND MAYOR HUGHES Also present were City Manager Paul D. Bussey, Deputy City Manager Mark Rohloff, Environmental Services Director Robert Benard, Public Works Director George Wentz, City Attorney Carol Lynch, Director of Recreation and Parks Mary Thomas and City Clerk Jo.Purcell. The City Attorney announced that,the City Council had held a closed session pursuant to Government Cade Section 54956.9(b) and discussed the case of Segreto V.-City of Rancho Palos Verdes and People V. Boettcher. WAIVER OF FULL READING Councilman Hinchliffe moved, ORDINANCES AND RESOLUTIONS seconded by Councilwoman Bacharach and carried to waive 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 reading of the title of such ordinance or resolution. APPROVAL OF AGENDA Councilwoman Bacharach moved, seconded by Councilman Hinchliffe and carried to approve the agenda as presented. CONSENT CALENDAR John Beringer, representing the Rancho Palos Verdes Council of Homeowners Associations questioned whether the ordinance regarding View Preservation had been presented at a public hearing. The consensus was that staff should check the records to determine the advertising for this ordinance. Councilwoman Bacharach moved, seconded by Mayor Hughes to approve the consent calendar as follows: MINUTES Approved the minutes of November. 7, and 20, 1990. ORDINANCE NO. 262 - Adopted ORDINANCE NO. 262 VIEW PRESERVATION (1801) OF THE CITY OF RANCHO PALOS VERDES AMENDING THE VIEW PRESERVATION AND RESTORATION ORDINANCE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. TRACT NO. 37818 (1) Accepted the public ACCEPTANCE OF PUBLIC improvements as completed. IMPROVEMENTS (1411) Directed the City Clerk to file a Notice of Completion and to notify the principal and surety to release the bonds. CLAIM AGAINST THE CITY - Rejected the claim and directed CRAIG DAVIES (303) the City Clerk to notify the claimant. NOTICE OF COMPLETION - (1) Approved and accepted the FENCING IMPROVEMENTS (1201) work as completed by Lighting Fence Co. in the amount of $46,634. (2) Directed the City Clerk to file a Notice of Completion and to notify the surety and principal to exonerate Bond No. 3SM 756 087 00. (3) Directed the Finance Director to release the retention if no claims have been filed against the contractor during the 35 days after the notice has been recorded. r NOTICE OF COMPLETION - LADERA (1) Approved and accepted the LINDA COMMUNITY CENTER (1201) work as completed by Marina Contractors in the amount of $44,700. (2) Directed the City Clerk to file a Notice of Completion and to notify the surety and principal to exonerate Bond No. 127 50 13. (3) Directed the Finance Director to release the retention if no claims have been field against the contractor during the 35 days after the notice has been recorded. CDBG - TRANSFER OF FUNDS Directed staff to transfer ( 601) . .$29, 900 from the Portuguese Canyon Drainage Improvement Project to the Gabion Extension'Praject. YOUTH ON PARADE (1201 X 1705) Directed staff to complete and submit an entry application for Council's participation in the Youth on Parade and to secure a vehicle to transport the Council. SOUTH. BAY CORRIDOR STUDY Authorized the Mayor and City PHASE III (1505) Clerk to sign the proposed agreement for the South Bay Corridor Study Phase III (implementation.) -2- DECEMBER 18, 1990 RESOLUTION NO. 90 -91 - Adopted RESOLUTION NO. 90 -91 AMENDMENT TO SALARY RESOL. AMENDING THE 1990 -91 SALARY (602 X 1202) RESOLUTION TO INCLUDE THE CABLE TV INTERN AND THE ADMINISTRATIVE INTERN. RESOLUTION NO. 90 -92 - BUDGET Adopted RESOLUTION NO. 90 -92 ADJUSTMENT - (602 X 1501) OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 90 -53, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1990 -910 RESOLUTION NO. 90 -93 - Adopted RESOLUTION NO. 90 -93 ESTABLISHING PROCEDURES FOR OF THE CITY OF.RANCHO PALOS VACATION OF CITY RIGHTS -OF- VERDES ESTABLISHING PROCEDURES WAY AND EASEMENTS (450,X1408) FOR VACATION OF CITY RIGHTS -OF- WAY AND EASEMENTS. AWARD FY 90 -91 CURB, GUTTER & Awarded-the contract to B -I SIDEWALK REPAIR PROGRAM(1405) Enterprise Corporation at a cost not to exceed $40,000. This represents a contract amount of $48,469.40 for - inventoried sidewalk and 400 lin. ft. of curb and gutter and a contingency for additional work at contract price if deemed necessary. RESOLUTION NO. 90 -94 & . Adopted RESOLUTION NO. 90 -94 90 -95 REGISTERS OF DEMANDS COVERING WARRANT NOS. 26714 THROUGH 26818 ISSUED 12/4/90 & RESOL. 90 -94 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: McTAGGART, RYAN, BACHARACH, HINCHLIFFE AND MAYOR HUGHES NOES: NONE RECYCLE LOTTERY DRAWING Joe Monfiletto, 29919 Knollview (1301) Drive was the winner for the month of January 1991. Lottery cards were then drawn for the month of February , . 1991. Mayor Hughes announced that residents could dispose of their Christmas trees at the City Hall site between December 28 and January 6. These trees will be ground up and used as ground cover. AYSO SOCCER EXEMPTION FROM Parks and Recreation Director FACILITY'USE FEE (1201) Mary Thomas, presented the staff memorandum of-December 18th and the recommendation that the City Council reaffirm the City's Facility Use Policy and direct staff to continue -3- DECEMBER 18, 1990 to charge AYSO Soccer $3.50 /hr. for use of City soccer fields and $9.00 /hr. for staff time when a facility is not normally open and staffed. However, should council desire after discussion to make a change in this policy, direct staff to draft a new policy and bring it back on the next agenda. Council inquired if the.fees paid by a AYSO to the City were considered as revenue to the Parks and Recreation Department or were being used to offset maintenance costs; how much staff time is attributable to the use of the fields by AYSO Region 11; the amount of fees anticipated to be paid by AYSO this year; and, the fact that AYSO contributed $10,000 for the installation of the second soccer field at Ladera Linda. Council also inquired whether the policy had changed over the past couple of years. Marilyn Stolpman, Regional Commissioner for Region 11, 4120 Lorraine Road, told the City Council that 90% of the children who participate in Region 11 are residents of Rancho Palos Verdes. Additionally, it was the feeling of the AYSO members that, considering their contribution of $10,000, they should be given a reduction in the rate charged for the.use of the soccer field. She also disputed the amount of revenue indicated in the staff report as being only $791 and suggested that it was more like $3,200. Even though the field is used the majority of the time to play soccer she said that it is also used for baseball and that too results in maintenance. She said they have also donated a large container for equipment storage but Lhat 'Cilt=.Y IIaN/e a problem with being charged $9 per hour overtime for staff simply to have them lock the gate. She requested that the City - reconsider this policy and perhaps allow the soccer people to lock the gate themselves. She said that last year AYSO paid the City $4,9.82. Council discussion then focused on the fact that AYSO had done a lot of work on the original soccer field and contributed $10,000 to build the second field; if the policy could be changed for this one group; the fact that the City is already subsidizing other City programs; that some recognition should be given for their contribution; and if the City Manager should look at this situation and consider a reduction in.the cost to Region 11. Councilman Ryan moved, seconded by Councilwoman Bacharach that this matter be referred to staff for consideration of some alternative arrangements. Motion carried unanimously. -4- DECEMBER 18, 1990 COUNCIL REORGANIZATION (306) Mayor Hughes moved', seconded by Councilwoman Bacharach to nominate Councilman Hinchliffe as Mayor. The motion carried on the following roll call vote: AYES: BACHARACH, HUGHES AND HINCHLIFFE NOES: McTAGGART AND RYAN Mayor Hinchliffe moved, seconded by Councilman Hughes to nominate Councilwoman Bacharach as Mayor Pro Tem. The motion carried on the following.roll call vote. AYES: HUGHES, HINCHLIFFE AND BACHARACH NOES: McTAGGART AND RYAN RECESS AND RECONVENE At 8:45 P.M. the Mayor declared a recess. At 8:55 P.M. the meeting reconvened. COMMITTEE AND COMMISSION REORGANIZATION Planning Commission (1203) Councilman Ryan moved, seconded by Councilman McTaggart to appoint Susan Brooks Chairwoman of the P ? A n -n -i. ng Comm -i ss ion . The motion failed on the following roll call vote: AYES: McTAGGART AND RYAN NOES: BACHARACH, HUGHES AND HINCHLIFFE Councilwoman Bacharach moved, seconded by Councilman Hughes to appoint Peter Von Hagen Chairman of the Planning Commission. The motion carried on the following roll call vote: AYES: BACHARACH, HUGHES AND HINCHLIFFE NOES: McTAGGART AND RYAN V_ Restoration Committee Councilman Ryan moved, seconded (1801) by Councilwoman Bacharach to re- appoint Larry Clark as Chairman of this committee. The motion carried unanimously. Traffic Committee (1505) Councilman Ryan moved, seconded by Councilman Hughes to appoint Charlotte Iseda as Chairwoman of this committee. The motion carried unanimously. Transit Advisory Committee (1505) Councilwoman Bacharach moved, seconded by Mayor Hinchliffe to appoint Marion Smith as -5- DECEMBER 18, 1990 Chairwoman of this committee. The motion carried unanimously. Trails Committee (1201) Councilman McTaggart moved, seconded by Councilman Ryan to appoint Jean Longacre as Chairwoman of this committee. The motion failed on the following ro l l call vote. AYES: McTAGGART AND RYAN NOES: BACHARACH, HUGHES AND MAYOR HINCHLIFFE Councilman Hughes moved, seconded by Councilwoman Bacharach to appoint Barbara ,Dye as Chairwoman of this committee. The motion carried on the following roll call vote: AYES: BACHARACH, HUGHES AND MAYOR HINCHLIFFE NOES: McTAGGART AND RYAN Recreation and Parks Committee (1201) Chairman of this committee. Geotechnical Appeals Board (201) as Chairman of this board. AUDIENCE QUESTIONS Councilwoman Bacharach moved, seconded by Councilman Hughes to reappoint Eric Randall as The motion carried unanimously. Councilwoman Bacharach moved, seconded by Councilman Hughes to reappoint Dr. Perry Ehlig The motion carried unanimously. Lois Larue, 3136 Barkentine Road; reported on her attendance at the Saturday, December 15th Budget Meeting and complained that there was no opportunity for the public to participate in this meeting. She then reported on legislation being considered by the State Senate which would require that the public be given the opportunity to comment on agenda items before official consideration or vote can be taken. She urged the City's-support for this legislation. RECYCLING GRANTS AWARDS Pamela Antil, Assistant to the (1301) City Manager, presented the December 18th staff memorandum and the recommendation to. (1) Award the grant application outlined in exhibit "A" of the memorandum. (2) Reject the grant applications outlined in Exhibit "B" of the memorandum. Councilwoman Bacharach moved, seconded by Councilman McTaggart to adopt the staff recommendation. The motion carried on the following roll call vote: AYES: BACHARACH, HUGHES, McTAGGART, RYAN AND MAYOR HINCHLIFFE -6- DECEMBER 18, 1990 TEMPORARY MARINE MAMMAL CARE City Manager Paul Bussey FACILITY (1201) presented the December 18th staff memorandum and the recommendation as follows: (1) Approve, in concept, an agreement with the Organization for the Respect and Care of Animals of the Sea ( ORCAS) for the placement of a temporary marine mammal facility at Point Vicente Park /Civic Center at no rental charge, (2) refer the issue to the staff and the Planning Commission for completion of the Conditional Use Permit'Process, and (3) direct the City Attorney to review the agreement . for form and content. Mr. Bussey said that this was not a staff request but was rather an outside request to use the property at the Civic Center on a temporary basis. He said that there would be some minimal cost even if there were no direct costs.' Council made several inquiries: if there was any consideration given to locating this facility at Long Point; how the request from AYSO for a reduction in fees differed from this request where no fee was being charged; and if this organization had looked for other locations. Representing ORCAS was Connie Lufkin Barr, 135 Seawall. Ms. Barr encouraged the City Council to approve this request and said that the Sea World organization is now owned Anheuser Busch and not by H.B.J. She said that the permanent facility would be located at the Ft. MacArthur Center and that the ORCAS organization would be administering and maintaining the facility. She said that the present temporary location is undesirable because they are under the flight pattern of Los Angeles International Airport. Because these animals are . frequently juvenile and or sick, she said that they make no loud noises. Also speaking for the ORCAS Organization was Donald Zumwalt, 5425 Whitefox Drive. He explained that this facility was temporary, that this organization had cared for 80 animals this past year and he described the conditions that these animals were in when they were brought to their facility for care. He said that the new facility would take approximately nine months to a year to complete and that all of the permit procedures with the City of Los Angeles have been completed and that the only permit now to be was from the Coastal Commission. Lois Larue, 3136 Barkentine Road, urged the Council to approve this request. Councilwoman Bacharach moved, seconded by Mayor Hinchliffe to approve the staff recommendation with the addition that this be for one year and at the end of nine months if it looks -7- DECEMBER 18, 1990 like it will continue that. staff was to come back with this issue. A short discussion then ensued regarding the permit fee of $600* the timeframe for approval of the process; and F 91 the necessary Staff time and City Attorney time to review.the lease.- The motion failed on the following roll call vote: AYES. BACHARACH AND MAYOR HINCHLIFFE NOES* HUGHES, McTAGGART AND RYAN CITY COUNCIL REPORTS* Sheriff Patrol Councilman McTaggart explained the circumstances under which a familymember had been stopped by the Sheriff without what appeared to be-"probable cause" and said that he wished,to apologize to a resident who had earlier complained about a similar situation. AB2766 (306) Councilwoman Bacharach reported on this legislation which would result in revenue to the City from fees imposed by the AQMD. Staff was instructed to investigate this legislation and determine what steps needed to be taken and what resolution would have to be adopted in order to be eligible for these funds.. -Also, that staff should determine any limitation on the use of thes'e funds. CITY MANAGER REPORTS. COUNCIL DIRECTIVES Council requested that staff continue to monitor the timing of the'signal at Silver Spur and Hawthorne. ADJOURNMENT* At 10*007 P.M. Councilwoman Bacharach moved to adjourn. Motion carried. ------------ MAYORU ATTEST, CITY CLERK 121890 -8- DECEMBER 18, 1990