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CC MINS 19910319M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 19, 1991 The meeting was called to order at 7:30 P.M. by Mayor Hinchliffe at the Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BACHARACH, HUGHES, McTAGGART AND MAYOR HINCHLIFFE ABSENT: RYAN 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, Assistant to the City Manager Pamela Antil and City Clerk Jo Purcell. CEREMONIAL MATTER: Mayor Hinchliffe presented a ceremonial proclamation to outgoing View Restoration Committee members Sally Burrage and Lyle Quatrochi, both of whom had served on that Committee since its formation in 1990. On behalf of the City, the Mayor expressed gratitude to these committee members for the work and dedication to the community. WAIVER OF FULL READING Councilman Hughes moved, seconded ORDINANCE AND RESOLUTIONS by Councilwoman Bacharach 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 council - members after reading of the title. The motion carried 4 - 0. (Councilman Ryan absent.) APPROVAL OF AGENDA Councilman Hughes, moved, seconded by Councilwoman Bacharach to approve the agenda as presented. The motion carried 4 - 00 CONSENT CALENDAR Speaking about two items on the consent calendar: Environmental Consulting Services for tentative Tract Map No. 46651 and the 17th ?'` y year CDBG Funding, was Lois Knight Larue, 3136 Barkentine, who stated her concern for water that might eventually flow from the Kajima Project down into the McCarrell Canyon and questioned if the Environmental Impact Reports should be prepared by the project developer. With regard to the 17th YEAR CDBG Funding, Ms. Larue said that two years ago she reported on the state of disrepair of the storm drain in Portuguese Bend Canyon and that the drain continues to be in such a state. The contract for the Del Cerro Street Reconstruction Project was removed from the consent calendar for clarification of the revised staff report presented at the outset of the meeting. The remainder of the consent calendar was approved as follows on motion of Councilman Hughes, seconded by Councilwoman Bacharach, MINUTES Approved the minutes of March 5, 1991. ORDINANCE No. 262 - AMENDING Adopted ORDINANCE NO, 262 OF THE VIEW PRESERVATION AND CITY OF RANCHO PALOS VERDES RESTORATION (1801) AMENDING THE VIEW PRESERVATION AND RESTORATION ORDINANCE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. ENVIRONMENTAL CONSULTING Authorized the Mayor and City Clerk SERVICES - TENTATIVE TRACT to sign a contract with EIP to MAP NO. 46651 - KAJIMA provide environmental consulting (1411) services to the City for the independent review of the draft Environmental Impact Report No. 32 and response to comments for the 76 unit residential planned development on Crest Road between Hawthorne and Highridge Road. CDBG - 17TH YEAR FUNDING Allocated the 17TH Year CDBG Funds (601) to the following: Gabion Enhance- ment Project for $152,187 and Portuguese Canyon Drainage Improvements for $30,000. LEGISLATION: AB315 (FRIEDMAN)- HOUSING SET -ASIDE REQUIREMENT (306 X 701 & 1900) which would increase the Housing 50% for all Redevelopment Agency Authorized the Mayor to send a letter to Members of the Assembly Housing and Community Development Committee to oppose AB315 (Friedman) Set -Aside requirement from 20% to tax increment. RESOLUTION NO. 91 -12 Adopted RESOLUTION NO, 91 -12 REGISTER OF DEMANDS 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: BACHARACH, HUGHES, MCTAGGART, AND MAYOR HINCHLIFFE ABSENT: RYAN City Council -2- March 19 1991 DEL CERRO STREET RECONSTRUCTION Director Wentz presented the revised AWARDED TO SHAWNAN CORPORATION March 19th staff memorandum to: (1404) (1) Award the contract for Del Cerro Reconstruction Project to Shawnan Corporation at a cost not to exceed $368,000. (2) Authorize up to $20,000 to Charles Abbott Associates for construction inspection and material certification for the project. (3) Authorize up to $37,500 as project contingency to be administered by the City Manager for project changes. After clarification of the items that would be included in the contract: concrete gutters and the installation of root guards, the staff recommendation was approved on motion of Council- woman Bacharach, seconded by Councilman Hughes. The motion carried on the following roll call vote: AYES: BACHARACH, HUGHES, McTAGGART, AND MAYOR HINCHLIFFE ABSENT: RYAN POINT VICENTE PARK -CIVIC CENTER Director Benard presented the (12 01 ) staff memorandum of March 19th and the recommendation to authorize the City Manager to prepare a program of Utilization Amendment and Negative Declaration for Environmental Assessment No. 609 for Point Vicente Park and transmit these to the United States Department of the Interior, National Park Service. The Director summarized the lengthy background of this project which started in 1987 with the closure of Marineland (now called Long Point) to the 1989 Conceptual Golf Course Design incorporated into portions of Long Point, Point Vicente Park and privately held property in Coastal Region 1. His summary also covered the negotiations with the United States Department of the Interior, National Parks Service (the agency responsible for overseeing the City's management of the majority of Point Vicente Park) . This background summary also cited the January 1990 decision to prepare an initial study prior to any decision to submit an amended program of utilization to the Park Service. Mr. Benard concluded his report by stating that the City has prepared a design plan for an amendment to the current program of utilization for Point Vicente Park which includes the provision of public services and passive and active open spaces including a complete Civic Center complex and golf course clubhouse on unrestricted City owned property. He went on to say that an initial study has now been completed on the program of utilization amendment and no significant adverse environmental impacts were anticipated. Council then requested clarification of the County's role in this project; whether this proposal was of a general nature and if a plan more specific would be prepared; the timeline for this project; how this program would be timed to correspond with the completion of City Council -3- March 19, 1991 other projects currently being considered for the coastal development area; the extent of the City's commitment to the funding of this project by way of issuance of bonds; whether the environmental impact report had taken into consideration the use of fertilizers on the golf course and how the fertilizers would be treated before being dumped into the ocean. Concerns were expressed regarding the efficient utilization of energy and adherence to the proper boundary line between Coast Guard and City owned property. Lois Larue, 3136 Barkentine Rd., stated that this property was given to the City by the Federal Government for use by the general public. She said that an Environmental Impact Report on the golf course should be done and she requested a moratorium on golf courses in the City. Councilwoman Bacharach moved, seconded by Councilman Hughes to adopt the staff recommendation and that when a report is brought back to Council that a timeline be prepared. The motion carried unanimously. SOLID WASTE DISPOSAL Assistant to the City Manager ORDINANCE (1301) Pamela Antil, presented the staff memorandum of March 19th and the recommendation to introduce an ordinance amending the solid Waste Collection and Disposal Ordinance and amending the Rancho Palos Verdes Municipal Code. Council inquired whether the City could assess penalty charges; if all trash bills could be put on the property tax bill; the fact that residents have to pay for this service in advance of the service given; and, clarification of the time period when bills actually become delinquent and would be put on the property tax bills. ORDINANCE NO. 263 OF THE CITY CHARGES FOR THE DISPOSAL OF RANCHO PALOS VERDES MUNICIPAL Councilwoman Bacharach moved, further reading and introduce the following roll call vote OF RANCHO PALOS VERDES REGARDING RESIDENTIAL SOLID WASTE AND AMENDING THE CODE was presented by title,, seconded by Mayor Hinchliffe to waive this ordinance. The motion carried on AYES: BACHARACH, HINCHLIFFE NOES: HUGHES AND McTAGGART ABSENT: RYAN It was the consensus that this item be presented at the April 2nd meeting. MOSSBANR DRIVE - RESTRICTION OF Director Wentz presented the staff VEHICLES (1405) memorandum of March 19th and the recommendation to review opinions and direct staff as to the preferred option, and that staff be authorized to pursue the cost of the installation of the fencing from the owner of the property. City Council -4- March 19, 1991 Council then inquired if the area residents had been privy to the designs presented by staff and if the improvement of this lot could be pursued through the nuisance abatement process. Councilwoman Bacharach moved, seconded by Councilman McTaggart that the staff work with the property owner by encouraging voluntary resolution of the problem; otherwise, staff should then pursue remedying the matter through the nuisance abatement process. Also, that staff be directed to contact the residents and inform them of the design of the fencing to be installed. The motion carried 4 - 0. AUDIENCE QUESTIONS: John Sharkey, 30320 Avenida De Calma, inquired about the availability of the Environmental Impact Report referred to during the discussion of the Point Vicente Utilization Plan and questioned why it was not available to the public prior to the meeting. Staff responded that this plan was available during the preparation of the agenda, however, the final Initial Study had been just recently delivered and was available at City Hall on the day of the meeting. Lois Larue, 3136 Barkentine Rd., said that the view corridor in the Seahill Tract development has been blocked by the homes in that tract. On another issue, she inquired whether the rocks being used to rebuild the gabions were of terrestrial origin and cited some of the restrictions placed on the gabions by the Coastal Commission. Staff was instructed to determine whether any violation of the Coastal Commission's restrictions had occurred. Richard Bara, 1 Peppertree, inquired about the status of the Coastal Ridge re- zoning issue. He requested that a zoning of RSA100 be considered for the area. Roy Fulwider, 28219 Hazelridge, questioned why a City building inspector would not allow a contractor to cover a framed roof prior to its inspection even though it was about to rain. Mr. Fulwider was asked to contact the City Manager about this matter. CITY COUNCIL REPORTS: Audience Questions (307) The Mayor presented his comment portion the language of certain related the report. recommendation that the public of the agenda be amended to more accurately reflect the State Government Code Section 54956.3 and clarify matters on the Council Agenda cover sheet as shown in City Council -5- March 19, 1991 Council then discussed if a similar policy should be devised for public comment on Consent Calendar items and if in the case of a person speaking, to a number of items, if they should lump all such items into one presentation. Lois Larue, 3136 Barkentine Rd., inquired about what Council considered to be under their jurisdiction. Richard Bara, 1 Peppertree, requested clarification of what would happen in case of a person addressing more than one Consent item. tem. Councilwoman Bacharach moved, seconded by Mayor Hinchliffe to adopt the Mayor's recommendation and that staff devise a policy for treatment of Consent Calendar items. The motion carried 4 - 00 National League of Cities Councilwoman Bacharach reported Conference that funding for programs such as CDBG and FAU would under the current Presidential proposal now be given to the States for distribution to the cities. The National League of Cities has objected to this method and staff was requested follow up on this matter. She also reported that Congressmen Rohrabacher and Anderson would be touring the Landslide area on April 2nd. CITY MANAGER REPORTS: WATER CONSERVATION (1601) City Manager Bussey presented the staff memorandum of March 19th and the recommendation: (1) Request the Metropolitan Water District (MWD), the West Basin Municipal Water District and the California Water Service to limit water supplies to existing users, i.e., place a moratorium on new development; (2) If they are unwilling to do so, consider a City building moratorium on the condition that California Water Service will allow an increase in water use without penalty to current Rancho Palos Verdes users, compared to the amount allocated to other users within the service area; (3) Adopt a water conservation ordinance using the West Basin Ordinance as a model, if California Water Service will enter into a contract with the City to enforce the ordinance; and (4) Begin conditioning all new development with a requirement that they receive a "will serve" letter from the California Water Service, prior to issuance of a City building permit. Council then discussed whether the MWD could be encouraged to form a committee comprised of cities within their jurisdiction; P if the MWD was continuing to solicit new users of water; and, implementation of the requirement for new development to get a will "serve letter" from the water company prior to issuance of building permits. Lois Larue, 3136 Barkentine, urged that planning be stopped on projects that require the use of water. City Council -6- March 19, 1991 Councilwoman Bacharach moved, seconded by Councilman McTaggart to adopt the staff recommendations with the addition that applicants for building permits on new development obtain a "will serve" letter no earlier then 6 months or another reasonable time prior to .recordation. Additionally, that staff monitor the progress of the Polanco Bill dealing with water reclamation, and that the City should send a letter to the League of California Cities with a copy to each of the cities within the MWD requesting the formation of a committee of cities within the MWD's jurisdiction. The motion carried 4 - 0. COUNCIL DIRECTIVES With regard to water reclamation from the dewatering wells staff reported that a report for Council which would be presented some time during the month of April. ADJOURNMENT: At 10:30 P.M. the meeting adjourned on motion of Counc' an Hughes. 4 1 MAYOR ATTEST: TY CLERK City Council -7- March 19, 1991