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CC MINS 19910402M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL 21 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, RYAN AND MAYOR HINCHLIFFE Also present were City Manager Paul D. Bussey, Deputy City Manager Mark Rohloff, Environmental Services Director Robert Benard, Asst. Public Works Director Kevin Smith, City Attorney Carol Lynch, Assistant to the City Manager Pamela Antil and City Clerk Jo Purcell, CEREMONIAL MATTER: Mayor Hinchliffe presented Proclamations to Planning Administrator Curtis Williams in recognition of his employment with the City from March, 1989 and to his wife, Elaine LaFleur, for her tenure as Chairwoman of the Ad hoc Public Art Committee. WAIVER OF FULL READINGS Councilwoman Bacharach moved, ORDINANCE AND RESOLUTIONS seconded by Councilman Hughes 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. The motion carried unanimously. APPROVAL OF AGENDA Councilwoman Bacharach moved, seconded by Councilman Hughes to approve the agenda as presented. The motion carried unanimously. CONSENT CALENDAR Lois Larue, 3136 Barkentine Rd., stated her opposition to the exchange of the Federal Aid Urban funds for the Combined Road Plan. The following items were removed from the consent calendar: Register of Demands; Tentative Tract Map No. 37885; and, Claim Against the City by Montrose Chemical Co. The remainder of the consent calendar was approved as follows on motion of Councilman McTaggart, seconded by Councilman Hughes. MINUTES Approved the minutes of March 19, 1991, FEDERAL AID URBAN (FAU) Directed staff to process the FUNDING FOR PALOS VERDES DR* exchange of FAU funds with Combined SOUTH RECONSTRUCTION FROM Road Plan (CRP) funds through Los WAYFARER'S CHAPEL TO HAWTHORNE Angeles County Transportation BLVD. (1404) Commission for the Palos Verdes Dr. South reconstruction project. REQUEST TO REMOVE CHAPARRAL Referred this issue to the Trails TRAIL FROM TRAILS PLAN (701) Committee for a recommendation and directed staff to bring the issue back to the City Council for resolution once a recommendation has been made. PALOS VERDES DR. EAST Authorized the Mayor and City Clerk REALIGNMENT - HES PROJECT (1404) to sign program supplement #011 REV. 1 for Palos Verdes Dr. East Realignment, AMENDMENT TO SALARY RESOLUTION - Adopted the proposed resolution RECREATION STUDY (1201 X 1202) adding classifications and salary ranges for new recreation classifications for the 1990 -91 fiscal year. RESOLUTION NO. 91 -1T - BUDGET Adopted RESOLUTION NO, 91 -1:��� AMEND - ADJUSTMENT - ENVIRONMENTAL ING RESOLUTION NO. 90 -53, THE BUDGET SERVICES (602 X 1203) APPROPRIATION FOR FISCAL YEAR 1990- 91 reflecting an increase in the appropriation in the General Fund Department of Environmental Services (001- 401 -39) by $9,650. NOMINATIONS FOR COMMUNITY Authorized staff to submit Los SERVICE AWARDS (1201) Serenos de Pointe Vicente as a candidate for the Palos Verdes Coordinating Council Community Service award and for the Carnation Company Community Service award. INTERVIEW OF CANDIDATES FOR Agreed to interviewing the five VIEW RESTORATION COMMITTEE candidates on April 16, at 7:00 P.M. (106 X 1801) The motion to approve the consent calendar carried on the following roll call vote: AYES: BACHARACH, HUGHES, McTAGGART, AND MAYOR HINCHLIFFE RYAN (ABSTAINING ON THE MINUTES OF MARCH 19, 1991.) RECYCLING LOTTERY DRAWING Cards were drawn for the recycling winner for the month of May. COMMUNITY HELPLINE PRESENTATION Carmen Fowler, a representative of the Community Helpline made a CITY COUNCIL -2- APRIL 2, 1991 presentation on behalf of that organization and celebration of the 20th anniversary of the Helpline. Ms. Fowler talked about the Helpline as a resource and summarized the types of problems dealt with by them. ORDINANCE NO. 263 - AMENDMENT TO Pamela Antil, Assistant to the City THE SOLID WASTE DISPOSAL (1301) Manager, presented the April 2nd Staff memorandum and the recommendation to waive further reading and introduce Ordinance No. 263 amending the Solid Waste Collection and Disposal Ordinance and amending the Rancho Palos Verdes Municipal Code. Council inquired if the City was allowed to attach penalties or only actual costs expended by the City in enforcing this ordinance and if residents could have the option to have the refuse collection charge placed on their tax bill. Councilwoman Bacharach moved, seconded by Councilman Ryan to waive further reading and introduce Ordinance No. 263 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING CHARGES FOR THE DISPOSAL OF RESIDENTIAL SOLID WASTE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. The motion carried unanimously. ITEMS REMOVED FROM THE CONSENT CALENDAR: RESOLUTION NO. 91 -15 After clarification of several items REGISTER OF DEMANDS listed on the Register of Demands, Resolution No. 91 -15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID was approved on motion of Councilwoman Bacharach, seconded by Councilman McTaggart. The motion carried on the following roll call vote. AYES: BACHARACH, HUGHES, McTAGGART, RYAN, AND MAYOR HINCHLIFFE TRACT NO. 37885 (FORRESTAL TRACT) REQUEST FOR EXTENSION ( 1411) Map No. 37885 to November 21, reasons for this request which attempting to fulfill certain completed. Director Benard presented the staff memorandum of April 2nd and the recommendation to approve a one year time extension of Tentative Tract 1992. The Director also summarized the resulted primarily from the applicant CEQA requirements so the EIR could be Lois Larue, 3136 Barkentine Rd., stated that she felt that this tract was a mistake and requested that the extension be denied. Council inquired when would be ready and why made at this time when until November. CITY COUNCIL the Supplemental Environmental Impact Report a decision to extend the deadline was being the tentative tract was not due to expire -3- APRIL 2, 1991 Councilwoman Bacharach moved, seconded by Councilman Ryan to hold this matter over until the next meeting. The motion carried. CLAIM AGAINST THE CITY - The City Clerk recommended MONTROSE CHEMICAL CO. (303) that City Council reject the claim and direct the City Clerk to notify the claimants of the Council's action. The City Attorney briefly explained the scope of this suit which was filed by the Federal Government and the State of California against certain chemical companies and the Los Angeles County Sanitation Districts. In turn , the chemical companies have filed claims against all of the cities in Los Angeles County, A Council discussion then ensued about the fact that the City of Rancho Palos Verdes was not incorporated until after the ban on DDT and that such a line of defense should be pursued by the City. Councilwoman Bacharach moved, seconded by Councilman McTaggart and carried to reject the claim and direct the City Clerk to notify the claimants of the City Council's action. 1989 -90 FISCAL YEAR AUDIT Deputy City Manager Rohloff pre - REPORT (602) sented the April 2nd memorandum and the recommendation that after Council has discussed the audit and given staff any applicable direction, that they receive and order filed the 1989 -90 Comprehensive Annual Financial Report of the City of Rancho Palos Verdes and the corresponding management letter. Council inquired if the Transit Coordinator position should be handled by the City Manager's staff; what steps were being taken to assure that no CDBG charges were disallowed; if the mid -year audit review was part of an ordinance; and, the ability of the City Manager to transfer funds between accounts. Steven Kay, Partner for KPMG Peat Marwick, responded to Council's inquiry about the transfer of funds said that such transfer between accounts was still permissible. Also in response to a Council inquiry about the length of time for preparation of an audit, he said that the guidelines require an audit to be issued within 5 -6 months from year -end to qualify for a certificate with Governmental Finance Standards. John Sharkey, 30320 Avenida de Calma, said that he has reviewed the audit and the management letter and inquired why the audit was being prepared 9 months after the end of the fiscal year. Also commented on the trend that expenditures were exceeding revenues and that expenditures had exceeded appropriation. Councilwoman Bacharach moved, seconded by Councilman Hughes to receive and order filed this audit report. CITY COUNCIL -4- APRIL 2 1991 Council requested staff to ascertain if the mid -year budget presentation to Council is a codified policy. RECESS AND RECONVENE At 9:05 P.M. the meeting was recessed., At 9:15 P.M. the meeting reconvened. Responding to the Mayor's call for audience questions was Sunshine, 6 Limetree, who thanked the City Council for the improved appearance of Hawthorne Boulevard resulting from the undergrounding of the utilities. Lois Larue, 3136 Barkentine Rd., cited certain pages from the General Plan and questioned whether the City was adhering to those particular sections of the plan. Chris Manning, 14 Crest Rd., Rolling Hills, stated he owns property at 29438 Quailwood Dr., Ranch Palos Verdes, explained some of the property rights held by property owners, by the City Government, and by the public at large. Roy Fulwider, 28219 Hazelridge, questioned the amount of cooperation from the City of Rolling Hills Estates with regard to Palos Verdes Dr. North, and sharing of the sales tax from the Peninsula Center. City Council explained to Mr. Fulwider that the City has an agreement with the Rolling Hills Estates and that we receive 8% of the sales tax collected by Rolling Hills Estates; additionally, per that agreement Rolling Hills Estates pays for the maintenance of certain roads around the Peninsula Shopping Center. AD HOC PUBLIC ART COMMITTEE City Manager Bussey presented the VACANCY - (1201) April 2nd memorandum and the recommendation to appoint a chairman for the Public Art Committee and, if Council wished, to fill the vacancy on that committee at the next general City -wide recruitment for committee members. Councilwoman Bacharach moved, seconded by Councilman Hughes to appoint Vincent Beggs as chairman of that committee. The motion carried unanimously. The consensus of the Council not to recruit for the Ad Hoc Committee vacancy at this time. REGION 7 & 8 - MODIFICATION OF City Manager Bussey presented the SPECIFIC PLAN E.I.R. (701) staff memorandum of March 29th and the recommendation to consider a modification of the Region 7 & 8 Draft Specific Plan E.I.R. by making it a "Project" E.I.R. to analyze a development application to be filed by the landowners. Additionally, he referenced the supplemental staff report which cited additional options for the City Council to consider. CITY COUNCIL -5- APRIL 2, 1991 Mr. Bussey's report next centered on the status of the E.I.R. currently being prepared for this subregion. Representing Palos Verdes Landholdings Company was Michael Mohler, who told the Council that the project that they are proposing is consistent with the existing Coastal Specific Plan and that his company wished to reformat the project and move ahead with it. He said that his company has delivered a project description for review and will be able to make a project application within 5 -6 weeks time; that if E.I.R. No. 30 was to be circulated it would require a recombination and recirculation; that the property owners in the region are lined up and working together; and, that his company wanted to move forward and work on a project specific E.I.R. Council then expressed concern about the stability of the coalition of these property owners; whether the proposed project included the School District and the County property; if the development of the proposed project would be impacted by the Ishibashi farming on the land; whether it was realistic to expect to have the signature of the school district within 5 -6 weeks; what would happen in the case the School District did not agree and how that would effect the proposed development; and who would pay the estimated $25,000 cost for the remainder of the processing of the present E.I.R. Kenneth A. Zuckerman, 12424 Wilshire Blvd., Los Angeles, said that his family is in support of this plan; it would include only land under their control or owned by them; that this plan could be carried out without the School District or County land; that in the base project would not include use of the County property; that the present E.I.R. the least addressed alternative is the residential and golf course use of the land. Citing confusion that has taken place over the past few years with regard to the use of this property, he said that there would be nothing to lose by putting the present E.I.R. on hold for a few weeks or months. Council inquired whether the proposed plan would comply fully with the Coastal Specific Plan; whether there would be development proposed seaward of the residential road closest to the ocean; if staff could hold off the processing of the present E.I.R. so a supplemental E.I.R. could be prepared to further strengthen the present E.I.R..; and, what would be gained from switching from the current E.I.R. to another one. J.J.D. McLaren, 3923 Palos Verdes Dr. South, inquired about a proposed road from Conqueror into Paseo del Mar. He requested that the road be removed. John Sharkey, 38320 Avenida de Calma, said that there is a large number of people who don't want any development on the coastline. Councilwoman Bacharach moved, seconded by Councilman Ryan to table this item until May 21st with the understanding that it be brought CITY COUNCIL -6- APRIL 2, 1991 back after 5 weeks and that staff also bring back the dollar amount necessary to circulate and complete EIR no. 30 as it is currently drafted and the cost to prepare a new specific plan. Discussion then continued around the cost of preparation and finalization of the present E.I.R., the amount of time lost in this delay; and, whether the City should move ahead with the existing E.I.R. The motion carried on a 4 -1 vote with Mayor Hinchliffe voting in opposition. Councilwoman Bacharach's motion to request the City Attorney to issue an opinion regarding what would be considered libelous comments at the City Council meeting died for a lack of a second. HAZARDOUS WASTE ADVISORY Councilman McTaggart reported that COMMITTEE FOR L.A. COUNTY he was planning to run for the Hazardous Waste Advisory Committee for Los Angeles County. It was the consensus that Council would support his name being placed in nomination for that committee. CITY MANAGER REPORTS: Status of Directives Council requested that with regard to the use of reclamation water from the dewatering wells that staff investigate the chemical constituents of the water and its possible use for street sweeping and use for dust control on construction sites. ADJOURNMENT: At 10:37 P.M. the meeting adjourned on motion of Councilma ughes. ATTEST: CITY CLERK CITY COUNCIL -7- APRIL 2, 1991