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CC MINS 19910605M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JUNE 51 1991 The meeting was called to order at 7:30 P . M . by Mayor Hinchliffe at the Hesse Park Community Center, 29301 Hawthorne Boulevard and was immediately recessed to a closed session. PRESENT: BACHARACH, HUGHES, McTAGGART, RYAN AND MAYOR HINCHLIFFE Also present were City Manager Paul D. Bussey, Environmental Services Director Robert Benard, Public Works Director George Wentz, City Attorney Carol Lynch, Director of Recreation and Parks Mary Thomas, Assistant to the City Manager Pamela Antil and City Clerk Jo Purcell. CEREMONIAL MATTER: Palos Verdes High School Girls Varsity Team - Mayor Hinchliffe presented a proclamation to the team in recognition of their winning the CIF State Division III Championship. L.A. County Sanitation Districts Commerce Refuse -to- Energy Facility Mayor Hinchliffe also presented a proclamation to Jim Stahl, Assistant Chief Engineer and Assistant General Manager for the L.A. County Sanitation District, in recognition of the District having been awarded the Grand Prize in the Operations /Management category of the Excellence in Environmental Engineering competition by the American Academy of Environmental Engineers. Mr. Stahl briefly described this cost - effective method of addressing the 50,000 tons of refuse generated in Los Angeles County every day and explained how this facility can burn 360 tons of refuse per day and provide sufficient power to provide electricity for the equivalent of 20,000 Southern California homes. He suggested that residents contact the Sanitation District and arrange for a tour of the facility. APPROVAL OF AGENDA Councilwoman Bacharach moved, seconded by Councilman McTaggart to approve the agenda as presented. The motion carried unanimously. CONSENT CALENDAR Lois Larue, 3136 Barkentine Rd., spoke to several items on the consent calendar: the register of demands, the FY 1990 -91 sidewalk repair program, the acceptance of gifts for the parks, and the contract with Coast Media Publishing for production of the Recreation Guide. She questioned several of the Public Works charges for road maintenance; expressed her disagreement with the release of the contractor, B -1, from the sidewalk repair program; suggested that the grant to the Peninsula Seniors be reduced by $250 which they were pledged to the City; and, questioned certain restrictions placed on the advertising in the Recreation guide. Acceptance of Rockinghorse Road Sewer Project was removed from the Consent Calendar, and the resolution ordering vacation of streets within Tract No. 33206 was moved to follow the roll call on the Consent Calendar. The remainder of the Consent Calendar was approved as follows on motion of Councilman Hughes, seconded by Councilman McTaggart. 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 Approved the minutes of May 7, 1991. (Ryan and Bacharach abstaining.) RESOLUTIONS NO. 91 -29 - REGISTER OF DEMANDS Adopted RESOLUTION NO, 91 -29 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. RECYCLING GRANTS - PENINSULA VERDE HOMEOWNERS ASSOCIATION (1301) AWARDED A $3,000 RECYCLING GRANT TO THE PENINSULA VERDE HOMEOWNERS ASSOCIATION PER THE REFUSE SUBCOMMITTEE RECOMMENDATION. RESOLUTION NO. 91 -30 - BUDGET ADJUSTMENT FOR DIAL -A -RIDE FUND (1505) Adopted RESOLUTION NO. 91 -30 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 90 -53, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1990 -91, RESOLUTION NO. 91 -31 - CONCEPTUAL TRAILS PLAN AMENDMENT (701) Adopted RESOLUTION NO. 91 -31 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING THE CONCEPTUAL TRAILS PLAN deleting the Heroic segment of the Switchback Slopes Trail (F1: Section Four); and, reclassifying the Seaclaire segment of the Switchback Slopes Trail (F2: Section Four) as a category V Trail. -2- JUNE 51 1991 FY 1990 -91 SIDEWALK REPAIR PROGRAM - B -I ENTERPRISE CORPORATION (1405) (1) Released B -I Enterprise Corporation from their sidewalk repair program contract obligations; and, (2) Authorized the Mayor and City Clerk to sign a new agreement with Damon Construction, the second lowest bidder, at a cost not to exceed $48,000. ACCEPTANCE OF GIFTS FOR PARKS (1201) Accepted the gifts for Parks designated on the staff report and appropriated $2,010 for the 1991 July 4th celebration, $100 for taxidermy services for the Discovery Room and $3,100 to offset the costs of the 1991 -92 Reach Program. P.V. TRANSIT - CHANGE OF OPERATING HOURS (1505) Authorized changing the operational hours of P.V. Transit during the weekdays from the present schedule of 7:00 A . M . to 9:30 P . M . to begin the operating hours at 6:00 A.M. COAST MEDIA PUBLISHING - CONTRACT FOR PRODUCTION OF THE RECREATION GUIDE. (12 01) Authorized the Mayor and the City Clerk to execute the agreement with Coast Media Publishing to publish the City's quarterly Recreation Guide and to include commercial advertising therein. The motion to approve the Consent Calendar carried on motion of Councilman Hughes, seconded by Councilman McTaggart. The roll call vote was as follows: AYES: BACHARACH, HUGHES, HINCHLIFFE ABSTAIN: BACHARACH AND RYAN McTAGGART, RYAN AND MAYOR (ON THE MINUTES OF MAY 71 1991) TRACT NO. 33206 - VACATION OF STREETS (1408 x 1411) Public Works Director Wentz clarified that the conditions placed on the vacation of these streets was already contained in the Conditional Use Permit for that tract and consequently the proposed resolution was unnecessary. Council accepted the staff recommendation that no action was necessary on this item. PUBLIC HEARINGS: FISCAL YEAR 1991 -92 BUDGET - RESOLUTION NO. 91 -32 (GANN LIMITATION) AND RESOLUTION N09 91-33 ( CAPITAL IMPROVEMENT BUDGET) ( 6 0 2 x 19 0 0 ) -3- JUNE 51 1991 City Manager Bussey read the budget message summary as presented in the proposed annual budget for FY 91 -92. This message recommended total budget expenditures of $12,819,842 that represented a slight decline over the revised 1990 -91 FY budget. He noted that the General Fund Expenditures continue to exceed projected revenues and reported that this is partially the result of a $450,,000 loss related to the 1990 census figure which determined that the City's population was 15% lower than previously calculated; also, the recession had taken its toll on revenues and the 1990 -91 revenues were down $600,000. He went on to say that the 1991 -92 budget was prepared on the assumption that the recession will continue for a significant period into this fiscal year. Stating that the proposed budget recommended the elimination of four positions, Mr. Bussey said that this was in addition to a reduction of ,six positions last year. Although not representing any increase in service, the 1991 -92 budget included an additional $100,000 for Sheriff's services; $ for insurance and $30,000 for the November 1991 General Municipal Election. Even with recommended budget reductions Mr. Bussey stated it was projected that the General Fund expenditures will continue to exceed revenues and that the short -fall in revenues will again be off -set during 1991 -92 by depleting reserves from other funds. To reverse what is projected to be a long term deficit in the General Fund, Mr. Bussey reported that the staff is recommending a number of tax and fee increases. Not only is there additional funding needed for City Maintenance and Operations, but funding is also necessary to replenish the Capital Improvement and Environmental Excise Tax Funds from which the City has been funding operations over the last two years. Deputy City Manager Rohloff then presented the June 5, 1991 staff memorandum and a detailed explanation of how overhead rates are charged to other funds. He explained the overhead departments, the non - allocable departments, the allocable departments, and how the 21.9% overhead rate applied as Administration cost was determined. Sitting as both the City Council and the Redevelopment Agency Mayor Hinchliffe opened the Public Hearing on Fiscal Year 1991 -92 budget and the City Clerk reported that notice had been duly published. Responding to the Mayor's call for public testimony were the following: John Beringer, 3412 Seaglen Dr., representing the Rancho Palos Verdes Council-of Homeowners Associations, who presented a written statement dated June 5, 1991, which expressed that organization's concerns regarding transfers and contributions. (Mr. Beringer's letter is on file with the City Clerk's Office.) John Sharkey, 30320 Avenida de Calma, presented a letter expressing concern about the City's current fiscal situation. (Mr. Sharkey's Letter is on file with the City Clerk's Office,) -4- JUNE 51 1991 Mimi Horowitz, 30159 Avenida de Calma, representing the Peninsula Symphony, thanked the City for the contributions made to the Symphony in past years. There being no response to the Mayor's call for additional testimony, Councilman McTaggart moved, seconded by Councilman Hughes to close the public hearing on the City and on the Rancho Palos Verdes Redevelopment Agency budget. The City Council, sitting as both the Redevelopment Agency and the City Council inquired about the effects of the County not issuing the bonds and how this would reduce the anticipated general revenue; whether membership for CMANC should also be shared by the Abalone Cove Landslide area and if the membership in the CRA should also be spread across to both the projects Abalone Cove and Portuguese Bend. With regard to the proposal for printing the Development Code in a two column style, Councilwoman Bacharach moved, seconded by Councilman Hughes to print only Zoning Title 17 in two column style. The motion carried on the following roll call vote: AYES: BACHARACH, HUGHES, RYAN AND MAYOR HINCHLIFFE NOES: McTAGGART The Council requested that the proposed budget resolution be amended to require that the City Manager report to the City Council within 30 days any changes made to the budget resulting from fluctuation of the deflator factor. Councilman Ryan moved, seconded by Councilman McTaggart to reduce the total amount contributed to grants by 25 %. The motion carried unanimously. Mayor Hinchliffe moved, seconded by Councilwoman Bacharach to cut from the City Council budget the personal budget item in the amount of $8,800. The motion failed on the following roll call vote: NOES: RYAN, McTAGGART AND HUGHES AYES: HINCHLIFFE AND BACHARACH Council suggested that the staff consider an article requesting public support for the community organizations that the City was unable to give a grant to this year because of fiscal constraints. RESOLUTION NO. 91 -32 ESTABLISHING THE 1991 -92 FISCAL YEAR APPROPRIATION LIMIT FOR THE CITY OF RANCHO PALOS VERDES was read by title and adopted on motion of Councilman Ryan, seconded by Councilman Hughes and carried. RESOLUTION NO. 91 -33 APPROVING A BUDGET APPROPRIATION AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 1991- 92 was presented by title and approved on motion of Councilman -5- JUNE 51 1991 Ryan, seconded by Councilman Hughes and carried on the following roll call vote: AYES. BACHARACH, HUGHES, McTAGGART, RYAN AND MAYOR HINCHLIFFE Acting as the Redevelopment Agency, the Board adopted Resolution No. RDA 91 -12 OF THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY ADOPTING FISCAL YEAR 1991 -92 OPERATING AND CAPITAL BUDGET motion made by Member Bacharach, seconded by Member McTaggart and carried on the following roll call vote: AYES: BACHARACH, HUGHES, McTAGGART, RYAN AND HINCHLIFFE ABSTAIN: HINCHLIFFE (CDBG FUNDING & THE PORTUGUESE BEND LANDSLIDE ABATEMENT DISTRICT.) RECESS & RECONVENE At 9:22 P.M. the Mayor declared a recess. The meeting reconvened at 9:31 P.M. AUDIENCE QUESTIONS: Responding to the Mayor's call for audience questions was Roy Fulwider, 28219 Hazelridge, who cited several code violations within the City and requested that the City Council do something about these issues. RECYCLE WINNER Mayor Hinchl if f e announced that Mr. Liu, 29024 Warnick Road was the winner for May and Richard Byrne, 30561 Rue de La Peirre was the June winner. A member of the Press drew a card for the recycling lottery and the Mayor announced that this residence would be monitored by staff to determine whether that person was participating in the recycling program, in which case they would be awarded a year of free refuse collection. DELINQUENT REFUSE ACCOUNTS (1301) The Mayor opened the Public Hearing to collect delinquent accounts for refuse collection fees which were established by a Resolution of the City Council and because pursuant to Section 8.2 0.2 7 0 of the Rancho Palos Verdes Municipal Code provides that refuse collection is a mandatory service. The City Clerk reported that notice of the meeting had been published. Assistant to the City Manager Pamela Antil presented the June 5, 1991 staff memorandum which recommended that the City Council conduct the public hearing, adopt the proposed resolution and direct staff to submit delinquent accounts that have not been paid by June 19, 1991 to the L.A. County Auditor /Controller for -6- JUNE 51 1991 inclusion on the 1991 -92 tax roll, as well as impose liens on said properties with the L.A. County Recorder. Speaking in opposition to the collection for these delinquent fees and explaining some of the circumstances causing this delinquency were the following: Preben Jensen, 2824 Colt Rd.; Mary Gilmer, 30521 Miraleste Dr.; Cheri Brady, 27142 Fond du Lac Rd.; Douglas Murray, 4136 Palos Verdes Dr. South; John Finazzo, 28708 Mt . Lassen Lane; George Skelly, 1850 Avenida Estudiante; Frank Grant, 9 La Vista Verde; Burlie Cole, 42567 Remora St., Temecula; Rhonda J. Sinclair, 27961 Palos Verdes Drive East; Juan DeCunto, 31136 Marne Dr.; Abnoos Aghajanian, 2235 Sparta Dr.; Lois Larue, 3136 Barkentine Rd.; Gordon Millman, 292 Bayend Dr.; and Harry Adair, 2078 Noble View Dr. Several of these speakers told the Council that they make arrangements to haul away the trash themselves and consequently do not require the services of Waste Management. Other speakers explained that the address being billed was rental property and that they were unaware that the tenants were not paying this bill. One speaker told the Council that the house has been unoccupied since 1986 and that he has received notification from Waste Management on several occasions that the bill was "forgiven" and payment was not necessary. Another speaker explained that he is unable to have backyard service and, while being billed at that rate, he has been putting the trash out front and consequently pays only the front yard pick -up rate. One speaker explained that while backyard service is available she leaves the trash cans out front and requested that a lower rate be considered for people who do not use the back yard service given by the Ron Ivy Company. One speaker alleged that a waiver of service had been granted to her family because they hauled away their own trash. Representing Waste Management was Craig Young who, responding to Council inquiry, explained the limitations on their billing system when dealing with amounts due beyond one year. He said that he would inquire about the waiver that had been given to one of the speakers. Responding to Council's concern about vacant houses being billed for services not received, Mr. Young said that they had no reporting system from the drivers to notify management of such situations. Council then discussed whether these trash bills should be put on the tax roll and if the Waste Management truck drivers could be in- structed to monitor for vacant homes not requiring trash pick -up service. It was the consensus that staff should investigate the waiver allegedly granted to Mrs. Sinclair; credit Burlie Cole, 2116 Noble View Dr.; credit Mr. Harry Adair, 2078 Noble View Dr.; and, investigate the billing for Mr. Gordon Millman for the billing at 29214 Bayend Dr. Council advised the protestors present that if they had any bills evidencing such things as "write -off" or "waiver" that they should bring them to City Hall. -7- JUNE 51 1991 Councilwoman Bacharach moved, seconded by Councilman Ryan and carried to remove Mr. Douglas Murray, 4136 Palos Verdes Dr. South from the Ivy Rubbish Disposal delinquent list since he was receiving and paying for front yard pick -up only. It was the consensus that the public hearing should be continued to Monday, June 17th and 7:00 P.M. for consideration of written evidence only. SALVATION ARMY - EDUCATION/ CONFERENCE CENTER EIR (1804)x(1803) Robert Benard, Director of Environmental Services presented the June 5th staff memorandum and the summary of action that had taken .place on this item at the May 21st meeting. At that meeting, the item was continued so that the Salvation Army could address the Council on the possibility of holding a pre- screening work shop for the proposed project and comment based upon a review of the complete master plan for the Salvation Army facility. (At 11:45 P.M. Councilmember Hughes and Ryan left the City Council table) Representing the Salvation Army was their architect Thomas Hause, 161 North Oak Knoll Rd . , Pasadena, who told the Council that the Salvation Army presently does not have a master plan however they did determine what buildings they could build, but it was more likely that they would not be built. He requested that the master plan be considered as a separate item from the educational conference center. Also representing the Salvation Army was Major Kenneth Gibson, 30840 Hawthorne Blvd., who also explained that presently they do not have a master plan and also stated that the lease that they have for the tennis courts curtails their preparation of such a plan. (At 11:50 P.M. Councilmember Ryan returned; Member Hughes still absent.) Council then expressed concern about the absence of a master plan since the property is so large and since issues such as air quality and traffic would have to be addressed. Additional discussion continued and it was the consensus that staff should determine the impact of maximum use and build out of the property. Mayor Hinchl if f e moved, seconded by Councilman McTaggart that staff should address the issues raised by the Council and authorized the City Manager to negotiate a contract for an expanded. Environmental Impact Report. The motion carried unanimously. (At 12:06 A.M. Councilmember Hughes returned to the Council table.) -8- JUNE 51 1991 HAWTHORNE BOULEVARD IMPROVEMENTS (1404) Director of Public Works Wentz presented the June 5th staff memorandum and the recommendation to award a contract to Hillcrest Contracting, Inc. and authorize staff to proceed with construction of the overlay with improvements outlined in the Fiscal Impact portion of this report. Additionally, that Council should direct staff if any or all of the improvement options should be incorporated. Laura Spence, Assistant Contract Manager, with the use of a drawing of the proposed project area, described the new lanes, the landscaped area, the location of left turn pocket, and the appearance of the stamped median. Staff reported that the funds for the beautification portion of this project would come from recycling funds. Roy Fulwider, 28219 Hazelridge, spoke in opposition to this project. Councilman McTaggart moved, seconded by Councilman Ryan to approve the construction with the median and that the contract be awarded to Hillcrest Contracting in an amount not to exceed $713,000 and provide a contingency of $39,000 and authorize up to $35,000 for administration and inspection work. The motion carried on the following roll call vote. AYES: BACHARACH, HUGHES, McTAGGART, RYAN AND MAYOR HINCHLIFFE COASTAL SETBACK AREA - IRRIGATION (701) Councilman Hughes moved, seconded by Councilman McTaggart and carried to send the letter from Tim Burrell requesting clarification of the extent of irrigation allowed in the coastal setback to the City Geologist for review and comment; if no problems exist with such irrigation the City Geologist should make recommendations on what steps should be taken regarding such things as drainage and the amount of water used. Upon receipt of the City Geologist opinion then the matter should be returned to Council. The City Attorney opined that no conditions in the Conditional Use Permit gave the developer of this tract any right to install such an irrigation system. Tim Burrell, 57 Marguerite Dr., expressed his opposition to the City Attorney's opinion. CITY COUNCIL REPORTS: Cable TV List Councilman McTaggart referred to an advertisement from Dimension Cable Television and their indication that the mailing list for -9- JUNE 51 1991 Cable TV subscribers was available for sale. He requested that staff remind Dimension of the restriction placed on such a sale by the conditions of their franchise agreement with the City. CITY MANAGER REPORTS: Status of Directives: Water Reclamation From Dewatering wells: It was the consensus that staff should investigate the costs involved in preparing preliminary design in possible commercial and landscape irrigation uses. ORDINANCE NO. 266 - PROGRAMS TO REDUCE AIR POLLUTION (101) The City Manager presented his memorandum of June 5th and the recommendation to introduce Ordinance No. 266 expressing support for the use of motor vehicle registration fees to fund programs to reduce air pollution from vehicular sources. and establishing an air quality improvement trust fund. ORDINANCE NO, 266 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES EXPRESSING SUPPORT FOR THE USE OF MOTOR VEHICLE REGISTRATION FEES TO FUND PROGRAMS TO REDUCE AIR POLLUTION FROM VEHICULAR SOURCES, ESTABLISHING AN AIR QUALITY IMPROVEMENT TRUST FUND, RESTRICTING THE USE OF MONIES DEPOSITED INTO THE AIR QUALITY IMPROVEMENT TRUST FUND, AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was presented by title and introduced on motion of Councilwoman Bacharach, seconded by Councilman Ryan. ADJOURNMENT: At 12:45 A.M. the meeting adjourned to Monday, June 17th at 7:00 P.M. for a Council Pre - Screening Workshop on motion of Councilman McTa art, seconded by Councilman Hughes and carried. gg � ATTEST: CITY CLERK MIN6591 -10- JUNE 51 1991