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CC MINS 19911217M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 17, 1991 The meeting of the City Council was called to order at 7:00 P.M., at Hesse Park Community Center, 29301 Hawthorne Boulevard. 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 Robert Benard, Public Works Director Catherine Reed, City Attorney Carol Lynch, Finance Officer Brent Mattingly, Director of Recreation and Parks Mary Thomas, and City Clerk Jo Purcell. APPROVAL OF AGENDA Councilwoman Bacharach moved, seconded by Councilwoman Brooks to approve the agenda as presented. The motion carried unanimously. CEREMONIAL MATTER Mayor McTaggart presented a ceremonial proclamation to Mr. Clifton Robert McBride. This proclamation was presented to Mr. McBride on the occasion of his leaving the Peninsula and in recognition of his hard work and dedication to the community in maintaining and improving the trail known as the "McBride" Trail. The Mayor announced that the students from Canyon Verde School would be performing the maintenance of the McBride Trail. Mayor McTaggart presented a ceremonial proclamation to outgoing Environmental Services Director Robert Benard for his service to the City from July 1986. RECESS TO A CLOSED SESSION: At 7:08 P.M. the meeting recessed to a closed session for discussion of pending litigation. RECONVENE The meeting reconvened at 7:25 P . M . and the City Attorney announced that the Council had held a closed session pursuant to Government Code Section 54956.9 (b) to confer with or receive advice from legal counsel regarding pending litigation. CONSENT CALENDAR The item regarding the Sidewalk Repair Program for Fiscal Year 1991 -92 was removed to the Continued Business section of the agenda; the Joint Powers Agreement creating a Palos Verdes Peninsula Transit Authority was moved to the end of the New Business. The consent calendar was then approved as follows on motion of Councilwoman Bacharach, seconded by Councilwoman Brooks. 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 November 6, and November 19, 1991, ORDINANCE NO. 276 (1101 X 1203 X 1801) Adopted ORDINANCE NO . 2 7 6 ADOPTING AN AMENDMENT TO CHAPTER 15.2 0 OF THE MUNICIPAL CODE (MORATORIUM ON LAND USE PERMITS) CLAIM AGAINST THE CITY BY ANDREW CHUN (303) Rejected the claim and directed the City Clerk to notify the claimant of the City Council's action. CLAIM AGAINST THE CITY BY JOSHUA PERAHIA (303) Rejected the claim and directed the City Clerk to notify the claimant of the City Council's action. CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT (AB939): PROPOSED COUNTY AMENDMENTS (306) (1) Joined the County of Los Angeles and the other 55 cities in support of the County's proposed modifications to the California Integrated Waste Management Act. (2) Authorized the Mayor to communicate this position to Assemblyman Bryron Sher (Author of AB 939), as well as Assemblyman Gerald Felando and State Senator Robert Beverly. RESOLUTION NO. 91 -91 VACATION OF A PORTION OF PALOS VERDES DRIVE EAST AT CORSINI PLACE (1408) Adopted RESOLUTION NO. 91 -91 ORDERING THE VACATION OF A PORTION OF PALOS VERDES DRIVE EAST AT CORSINI PLACE. RESOLUTION NO. 91 -92 VACATION OF A PORTION OF PALOS VERDES DRIVE SOUTH EAST OF YACHT HARBOR DRIVE (1408) 2 DECEMBER 17, 1991 Adopted RESOLUTION NO. 91 -92 ORDERING THE VACATION OF A PORTION OF PALOS VERDES DRIVE SOUTH EAST AT YACHT HARBOR. RESOLUTION NO. 91 -93 - SPEED STUDIES ESTABLISHING SPEED LIMITS ON VARIOUS STREETS IN THE CITY (1502) Adopted RESOLUTION NO. 91 -93 ESTABLISHING SPEED LIMITS ON VARIOUS STREETS WITHIN THE CITY OF RANCHO PALOS VERDES. RESOLUTION NO. 91 -94 - TRACT NO. 40640 - AMENDMENT NO. 1 - LOCATION: LUNADA POINTE (1411) Adopted RESOLUTION NO. 91 -94 APPROVING AMENDMENT NO. 1 TO TRACT NO. 40640. REGISTRATION /TITLING OF EASTVIEW PARR BUILDING (1201) Authorized the Mayor to execute the statement of facts and power of attorney authorizing Alan Pre -Fab Building Corporation to file for registration and titling of the building at Eastview Park on behalf of the City. 17TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT, CDBG, FUNDING (601) Approved the transfer of the 17th Year (fiscal year 1991 -92) Community Development Block Grant Funds (CDBG) and remaining unobligated funds from the Gabion Enhancement Project to the Portuguese Canyon Drainage and Grading improvements in the amounts of $152,187 and $2,489 respectively. RESOLUTION NO. 91 -95 - REGISTER OF DEMANDS Adopted RESOLUTION NO. 91 -95 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 PUBLIC HEARING: TENTATIVE TRACT NO. 37885 - FORRESTAL GRADING APPLICATION NO. 1390; SUPPLEMENTAL EIR APPEAL (1411 X 1203 X 1801) Director Benard presented the supplemental staff report of December 17th and summarized the results of a meeting held on December 13th between the applicant, their technical representative and City planning, public works and geotechnical staff. The purpose of that 3 DECEMBER 17 , 19 91 meeting was to confirm the existence and nature of geologic hazards on the project site and to evaluate alternatives for eliminating them. Council inquired of City Geologist Dr. Ehlig the type of rock that existed in this quarry area; the minimum cut back to the quarry face needed to mitigate the concerns regarding safety; the effect of earthquakes on the stability of the quarry slope; how much of the quarry slope should be excavated and put into the bowl area; the pros and cons of a catchment area; the liability that the City would be faced with in the case of rocks falling as a result of an earthquake; whether the type of failure would be rolling versus sliding in the event of an earthquake; the safety factor of this area during an earthquake; if the grading intended for the area would have any effect on the adjacent slide area; i f , instead of having the water drain into the quarry bowl there was another way to drain the water out of the area; if a prediction could be made about the appearance of the quarry bowl after it is "shaved" back; and, the reason for raising the grade of Forrestal. Representing the Seaview Homeowners Association was its president Sharon Solari, 4145 Palos Verdes Drive South, who presented a written statement requesting that before approving this tract the City Council first establish a set of standards for all developments and developers to follow. (Ms. Solari's statement is on file with the City Clerk's off ice . ) Ellen Hocking, 4014 Admirable Drive, presented a written statement expressing her concerns about the plans for the development of the Forrestal Tract. Among other things, Ms. Hocking requested that the total project be reexamined for its impact on home sites lying below it on the hill. (Ms, Hocking' s statement is on file with the City Clerk's office.) Daryl Creighton, 3562 Heroic Drive, a member of the Ladera Linda Homeowners Association, said that his organization had not taken any action on this project, however, they are concerned about the quarry bowl being disturbed. Representing J.M. Peters Company was Paul Lukes, Newport Beach, who told the Council he was available to answer any of their questions. Roger Mills, 3603 Vigilance Drive, stated that he wanted to preserve the quarry bowl and save the natural beauty of the area. Lois Larue, 3136 Barkentine Rd., stated her objection to the project because the natural topography of the area would be changed. Representing Moore and Taber was the Project Engineer Scott Kerwin who told the Council that there has been a great deal of geological information about this project and that the geological problems 4 DECEMBER 17 , 19 91 addressed and reviewed by the City as part of the project's development plan. He said that the quarry slope would be continually raveling and described the nature of the quarry area and what he felt were hazards. Responding to Council's inquiry he stated that he felt a one -to -one slope could meet the safety factor required by the City. The Council then briefly described the various alternatives and the effect these alternatives might have on the biota of the area. (At 8:50 P.M. Councilwoman Brooks left the meeting.) RECESS AND RECONVENE: At 8:58 P . M. the Mayor declared a recess. At 9:07 P . M. the meeting reconvened. AUDIENCE QUESTIONS: Responding to the Mayor's call for audience questions was Jeanne Smolley, 56 Limetree Lane, who recommended that the City consider amending Section 15.020 of the Municipal:- -Code (Moratorium Land Use Permits) (Mrs . Smolley' s statement is on -f ile with the City Clerk' s Office.) (At 9:10 P.M. Councilwoman Brooks returned to the meeting.) Sharon Hegetschweiler, 6 Clovetree Place, told the Council that there is a lot of real estate sales activity going on with the property in that area; that the houses are legally non- conforming, and she requested that the Council consider the issue of zoning as proposed by Ms. Smolley. TRACT NO. 37885 (FORRESTAL) ( 1411) Council resumed its discussion of the Forrestal project and posed questions to Dr. Ehlig pertinent to the geology of the area: clarification o f whether no development would do more damage to the area than development; the minimum amount of grading needed to make this area safe; clarification of the location of the proposed tract homes within 25 feet of the active landslide area; and, whether the concerns presented in Mr. Uday Patil's letter had been addressed. Additional Council discussion focused on such items as the amount of geologic study already done for this project; making available a chronology of the numerous geologic studies to the residents; whether hydrology studies had been done; and, clarification of the use of the soccer field as a staging area for the grading. Councilman Kuykendall moved, seconded by Councilwoman Bacharach to close the public hearing. The motion carried. 5 DECEMBER 17, 1991 Council discussion next centered on the minimum amount of grading necessary to provide safety and protection of the biota in the area; the efficacy of filling the quarry bowl area with grading material; whether a catch basin should be considered for the perimeter of the quarry; if warning signs should be posted in the area; the fact that some trails in the area needed to be reconsidered relative to the slope; the amount of change that could be made to the project without necessitating a new EIR or a supplemental EIR; and, whether maintenance would be a addressed in the supplemental EIR. It was the consensus that staff should consider all of the concerns discussed by the Council and meet with the developer to develop appropriate changes. Councilman Ryan moved, seconded by Councilwoman Brooks and carried that staff, in concert with the developer, investigate the following: trails, hydrology, the use of soccer field, protection of natural habitat, export of dirt, a chronology of the project, installation of a catch basin, maintenance, and a drainage culvert, Staff reported that the next hearing for this project would be renoticed to all interested parties. HESSE PARR - LANDSCAPE IMPROVEMENTS TO GROUND COVER AND P.V. DRIVE SOUTH CR I BWALL (12 01 X 12 0 4 ) Director Reed presented the staff memorandum of December 17th and the recommendation to reject all bids and give direction to staff concerning the subject projects and whether or not they are to be pursued. Councilwoman Bacharach moved, seconded by Councilman Ryan to reject all bids and refer the cribwall to.the Recycling Committee to discuss whether recycling funds should be used for this project or used elsewhere and whether or not to proceed with this project. The motion carried. ORDINANCE NO. 277 - MUNICIPAL CODE REVISION (DEFINITIONS) (1103 X 1203 X 1801) Project Planner Nancy Hutar presented the staff memorandum of December 17th and the recommendation to introduce Ordinance No. 277. Which would amend certain sections of Titles 16 and 17 of the Municipal Code. ORDINANCE NO, 277 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING AMENDMENTS TO CERTAIN SECTIONS OF TITLE 17 OF THE MUNICIPAL CODE, REGARDING ZONING, AND AN AMENDMENT TO TITLE 16 OF THE MUNICIPAL CODE, REGARDING DEFINITIONS was presented by title and introduced on motion of Councilwoman Bacharach, seconded by Councilman Kuykendall and carried MUNICIPAL CODE REVISIONS (TITLES 16 AND 17) (1103 X 1203 X 1801) 6 DECEMBER 17, 1991 It was the consensus of Council to continue discussion of the item to the next meeting. PARKS AND RECREATION - JULY 4TH 1992 PROGRAM (1201) Director of Recreation and Parks, Mary Thomas presented the December 17th staff memorandum and requested that Council provide staff with direction regarding the July 4th program for 1992. Councilman Kuykendall moved, seconded by Mayor McTaggart that the City conduct the July 4th celebration. Council briefly discussed the last date possible for making a decision on this matter and it was the consensus to discuss this issue at the upcoming January 4th budget meeting. Change in the order of the agenda. Councilman Ryan moved, seconded by Councilwoman Brooks to reopen the agenda and hear the audit report as the next item of business. The motion carried unanimously. ANNUAL AUDIT (602) Finance Officer Brent Mattingly presented the FY 1990 -91 Financial Audit. Tom Snow, partner from Peat Marwick, the City's auditors, responded to the City Council's questions regarding the earliest availability of audit reports and regarding correction of some typographical errors contained in the report. Councilman Kuykendall moved, seconded by Councilwoman Bacharach to accept the report, ordered it filed, requested that the typographical corrections be made, and that the report be made available to the public. The motion carried. MID -YEAR BUDGET REDUCTIONS - FISCAL YEAR 1991 -92 (602) The City Manager announced that the only item requiring immediate City Council action was the elimination of the D.U.I. Program. Capt. Mangan, Commander of the Lomita Sheriff Station, reported that if the City did not participate in this program that the Sheriff's Department would restructure their program to accommodate the needs of the other neighboring cities. He reported that there has been a reduction in the D.U.I activity that he recognized the City's plight and that the Sheriff's Department would accommodate the City Council's wishes. Council then confirmed the fact that removing this program did not remove any other police protection and that indeed there has been 7 DECEMBER 17 , 1991 a reduction in D.U.I. activity in the City. Councilwoman Bacharach, seconded by Councilwoman Brooks to cancel the D.U.I. Program for this year only and that this program be decided on a year to year basis. The motion carried on a 4-1 vote with Councilman Kuykendall voting in opposition. Spring Brochure It was the consensus that discussion of this item should be deferred until the January 4, 1992 budget session. RDA Council briefly discussed whether or not the elimination of the lobbyist had been included in this reduction. Recreation and Parks - Point Vicente Interpretive Center (1201) It was the consensus to discuss this item at the January 4th budget session. Public Ad Hoc Art Committee (12 01) Council briefly discussed if inquiries could be made of the developer who currently has an obligation to either provide public art or to make in an lieu contribution to the public art fund. Vincent Beggs, 5504 West Crestridge, representing the Ad Hoc Public Art Committee, suggested that the City eliminate the $5,000 for the consultant and that the City pursue obtaining the $300,000 from the developer and that those funds be used to pay for the Administrative Analyst who staffs the committee. Barbara Dye, 7035 Hartcrest, President of the Friends of Point Vicente Interpretive Center told the Council she was not aware that the gift shop would be closed and suggested that the public be allowed to participate in this process. It was the consensus that this item be discussed at the January 4th budget workshop. Council briefly discussed the possibility of using voice mail at City Hall and closing City Hall in the P.M. It was the consensus that all of these items be discussed at the January 4th budget work session. SIDEWALK REPAIR PROGRAM FY 91 -92 (1405) Director Reed presented the staff memorandum of December 17th and the recommendation to award the contract for FY 91 -92 Sidewalk 8 DECEMBER 17, 1991 Repair Program to PAV Engineering at a cost not to exceed $45,000. This amount represented a contract amount of $43,516.60 for inventoried sidewalk and 500 linear feet of curb and gutter and a contingency for additional work at contract price if deemed necessary. Council discussed if the City could afford to go ahead with this program at this time; if asphalt could be used to patch instead of concrete; and, for what length of time the bid received by the City would be valid. Councilwoman Bacharach moved, seconded by Councilwoman Brooks to table this item and request staff to supply any information regarding the ramifications of not doing the program this year. The motion carried. TAX REVENUE OPTIONS - GENERAL FUND (602 X 1501) City Manager Bussey presented the staff report of December 12th and the recommendations that if Council wished to proceed with a tax election that City Council consider: (1) the type and amount of tax; (2) the date for an election to consider such a tax; and, (3) direct staff to prepare for the next council meeting the appropriate documents to hold such an election. Mr. Bussey summarized the type of tax that could be considered by the Council and the revenue potential for a proposed utility users tax and a parcel tax. A third option to be considered by the Council was a Landscaping and Lighting Assessment District which would produce no more than $750,000 to $800,000 annually. Continuing with this report, Mr. Bussey stated that the calculations of a parcel tax were based on approximately 15,500 parcels within the City and if Council were to consider such a tax one consideration would be to structure a proposed parcel tax with differentiation between the type of land use or between vacant and developed land. Additionally, he reported that the Council may wish to consider adjustments in the proposed tax structure for senior citizens, low income persons and, based upon Council's direction, staff would conduct the necessary research and develop a proposed parcel tax which would take those factors into consideration while meeting the fiscal objectives set by the Council. Mr. Bussey next reported on the revenue generated by the various utilities. Council then discussed if they had the ability to spend any City money on promoting such a tax ballot measure; if City funds could be spent on educating the public with regard to the City's needs; if a City Newsletter should be prepared describing the City's budget crisis; the present condition of the City's roads; the 9 DECEMBER 17, 1991 amount of money that would be needed to do more then simply maintain the streets; and, if the Council should consider multiple or a single question for the ballot. Councilman Kuykendall moved, seconded by Councilman Ryan that staff prepare a proposal (leaving the dollar amount blank) for a parcel tax as a method for raising income for the City and that it have the following provisions: that a maximum amount be set; and, that it not go above that amount; that it be set annually by the City Council. Council then briefly discussed whether a caveat could be built into the proposed ordinance which would make the amount dependent upon the revenues received and if a sunset clause should be also placed in the measure. With the acceptance of the maker of the motion, Councilman Ryan moved an amendment that a sunset provision be added. The motion as amended carried on the following roll call vote: AYES: BROOKS, RYAN, KUYKENDALL, BACHARACH, AND MAYOR McTAGGART ORDINANCE NO. 278 - PLANNING COMMISSION - TERM OF OFFICE (106 X 12 03 ) City Clerk Jo Purcell presented the staff memorandum of December 17th and the recommendation that Council introduce the proposed ordinance relating to the terms of Planning Commission members. Councilwoman Brooks moved, seconded by Councilman Kuykendall to introduce Ordinance NO. 278 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES RELATING TO THE TERMS OF PLANNING COMMISSION MEMBERS AND AMENDING CHAPTER 2.20, SECTION 2.20.020 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. The motion carried on a 4 -1 vote with Councilwoman Bacharach voting in opposition. PLANNING COMMISSION - APPOINTMENTS (106 X 1203) After the first round of voting by the City Council the following residents were appointed to the Planning Commission: Robert Katherman, Gilbert Alberio, Lee Byrd, Larry Clark, Sonja P. Hayes, and Nick Mowlds. Joseph Lorenzen was appointed after the second round of voting. Councilwoman Brooks moved, seconded by Councilman Ryan to appoint Robert Katherman as chairman of the Planning Commission. r Councilman Kuykendall moved, seconded by Councilwoman Bacharach to appoint Lee Byrd as Chairman of the Planning Commission. The motion to appoint Robert Katherman carried on the following 10 DECEMBER 17, 1991 roll call vote: AYES: BROOKS, RYAN, MAYOR McTAGGART NOES: KUYKENDALL AND BACHARACH Since the ordinance expanding the Planning Commission would not become effective unti 1 February Joseph Lorenzen and Gilbert Alberio were declared to be alternates until such date. CITY ADVISORY COMMITTEE REORGANIZATION (106 X 701 X 1201) City Manager Bussey presented the December 13th staff memorandum and the following recommendations: (1) Merge the Trails and Recreation Committees. (2) Consult with Rolling Hills Estates on the merging of the Cable Television Public Access Advisory Committee with the Cable television Joint Powers Authority Board. (3) Consider any reorganization in other advisory committees the City Council feels appropriate. Roger Mills, 3603 Vigi lance Drive, stated his support for combining the Trails Committee with the Recreation and Parks Committee. Councilwoman Bacharach moved, seconded by Councilman Kuykendall to adopt the staff recommendation with the understanding that the City find some way with the City of Rolling Hills Estates to continue some involvement of the Library and School Districts in the Cable Committee. Motion carried unanimously. It was the consensus that the City Council would meet on January 11th to continue the interviewing of candidates for the various committees. CITY COUNCIL COMMITTEE ASSIGNMENTS With the concurrence of the remainder of the City Council Mayor McTaggart made the following appointments to Council committees: SCAG SO. BAY CORRIDOR SCJPIA SO. BAY CITIES ASSOC. CONTRACT CITIES WEST BASIN WATER DIST. JUVENILE DIVERSION SANTA MONICA BAY CABLE TV JPA OUTSIDE COMMITTEES BROOKS /BACHARACH BROOKS /BACHARACH McTAGGART /RYAN BROOKS /RYAN McTAGGART /RYAN McTAGGART /RYAN BROOKS /RYAN BACHARACH /BROOKS KUYKENDALL /BACHARACH 11 DECEMBER 17, 1991 DIAL -A -RIDE JPA MAX JPA SCHOOL LIAISON REGIONAL SHERIFF LANDSLIDE REFUSE /RECYCLING BROOKS /KUYKENDALL BACHARACH /KUYKENDALL STANDING COMMITTEES KUYKENDALL /BROOKS KUYKENDALL /BROOKS McTAGGART /RYAN RYAN /BROOKS SPECIAL PURPOSE COMMITTEES ART IN PUBLIC PLACES BACHARACH /BROOKS EMERGENCY PREPAREDNESS KUYKENDALL /McTAGGART POLICY HANDBOOK RYAN /BACHARACH BUDGET McTAGGART /KUYKENDALL CITY COUNCIL REPORTS: MWD Proposed Parcel Tax Mayor McTaggart reported on this proposed Parcel Tax by the Metropolitan Water District and expressed his concern that this tax would be used for the development of other counties but at the expense of Angeles County. It was the consensus that the City request representatives from the MWD to speak at the January 7, 1992 meeting to explain their usage and the necessity of this tax. Youth On Parade It was the consensus of Council to participate in the January 25, 1992 Youth on Parade and that a request should be made of Waste Management for the use of one of their trucks. ITEM REMOVED FROM THE CONSENT CALENDAR: PENINSULA TRANSIT AUTHORITY - JOINT POWERS AGREEMENT (1505) City Manager Bussey presented the December 17th memorandum and the recommendation that the City Council approve a Joint Powers Agreement with the Cities of Palos Verdes Estates, and Rolling Hills Estates to create a Palos Verdes Peninsula Transit Authority and direct staff to prepare an agreement terminating the existing JPA with the County of Los Angeles for the operation of Peninsula Dial -A -Ride. After a brief discussion of the insurance coverage for the Joint Powers Authority and the voting procedure of the Authority Councilman Ryan moved, seconded by Councilman Kuykendall to approve the staff recommendation and any minor non - substantive changes that 12 DECEMBER 17, 1991 might be found necessary to be made. It was the consensus that upon approval of the this Joint Powers Agreement by all the cities involved that staff would prepare an agreement terminating the existing JPA. CITY MANAGER REPORTS: STATUS OF COUNCIL DIRECTIVES West Crest Trail The City Manager reported that a letter had been sent and a discussion has been held with the City of Palos Verdes Estates relative to this trail. He recommended that Council consider pursuing this matter with the Palos Verdes Estates City Council. It was the consensus that the Mayor McTaggart would speak to the Mayor of Palos Verdes Estates. ADJOURNMENT: At 12 : 15 A . M . the meeting adjourned to Saturday, January 4, 1992 at 9:00 A.M. for a budget work session to be held in the City Hall Community Room. e MA&bA., ATTEST: CITY CLERK 1217 91. MIN 13 DECEMBER 17, 1991