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CC MINS 19900606M I N U T E S RANCHO PALLS VERDES CITY COUNCIL JUNE 6, 1990 At 7*000 P.M. the meeting was called to order by Mayor Hughes at Hesse Park Community Center, 29301 Hawthorne Boulevard. CLOSED SESSION* The City Attorney requested a closed session be held pursuant to Gov't Code Section 54956.9 (a). The regular business meeting was called to order at 7.*37 P.M. by Mayor Hughes. After the Pledge of Allegiance to the flag roll call was answered as follows. 0 PRESENT. HINCHLIFFEr BACHARACH AND MAYOR HUGHES ABSENT: RYAN, McTAGGART The City Attorney reported that the Council had met in Closed Session pursuant to Gov't. Code Section 54956.9 (a) and discussed the following: Finazzo v City of Rancho Palos Verdes and Citizens against Undergrounding v City of Rancho Palos Verdes, Councilman McTaggart was absent due to illness. Also present were City Manager William Cornett, Jr., Environmental Services Director -Ro'ibert'Benard, Public Works Director George Wentz, Deputy City Manager Mark Rohloff, City Attorney Ariel P. Calonne and Director of,'-Recreation and Park Mary Thomas. Councilwoman Bacharach requested that Items 12 and 13 both regarding the view ordinances be removed from the Consent Calendar and be placed under Continued Business after Item 1. Ms. Bacharach also asked that discussions regarding the Proposition 111 budget revision and speed deterrents in residential streets be added to the Council Committee Reports. City Attorney Calonne distributed a revised memorandum regarding the personnel ordinance report to be discussed under Continued Business. Mayor Hughes asked that the recycle lottery drawing be held before discussion of the Consent Calendar. APPROVAL OF AGENDA The agenda was approved on motion of Councilman Hinchliffe, seconded by Councilwoman Bacharach and carried. WAIVER OFFULL READINGS 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. RECYCLE LOTTERY Mayor Hughes stated that since the winner announced in the previous month had not been recycling, two new winners- -the Body and Peterson families- -had been drawn. Mr. Hughes also announced that the City had reached the 60% recycling goal. CONSENT CALENDAR The amended consent calendar was approved as follows on motion of Councilman Hinchliffe, seconded by Councilwoman Bacharach. MINUTES Approved the minutes of April 23, May 1 and May 12, 1990. TRACT NO. 37818 (SUNSET Accepted the water system, RIDGE) sanitary sewer and storm drains (1411) as complete; released the faithful performance bonds for the water system, sanitary sewers and storm drains; reduced the bond for highway and drainage appurtenance by 50 %; and directed the City Clerk to notify the principal and the surety of this release. ORDINANCE NO. 257 - Adopted ORDINANCE NO. 257 OF PUBLIC ART PROGRAM THE CITY OF RANCHO PALOS VERDES (1201) AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING CHAPTER 15930 TO.ESTABLISH A PUBLIC ART PROGRAM. ORDINANCE NO. 258 - Adopted ORDINANCE NO. 258 OF REIMBURSEMENT FOR LAW THE CITY OF RANCHO PALOS VERDES ENFORCEMENT EXPENSES AMENDING THE RANCHO PALOS (1206) VERDES MUNICIPAL CODE BY ADDING CHAPTER 9.24 TO ESTABLISH A REIMBURSEMENT MECHANISM FOR EXTRAORDINARY LAW ENFORCEMENT EXPENSES CAUSED BY UNRULY PARTIES AND GATHERINGS. EXTENSION OF CORNETT CONTRACT (1202) ANNUAL STREET SWEEPING CONTRACT (1405) $7,000 for a total of $78,940. PUBLIC WORKS MAINTENANCE CREW (1405) Extended the contract with William F. Cornett, Jr. to June 15, 1990. Approved a contract with California Street Maintenance, Inc. in the amount of $71,940 and provided a contingency of Approved the maintenance contract with PV Maintenance for an estimated amount of $130,000, and providing a -2- JUNE 6 , 1990 contingency for a total of $145,040. BUS STOP SHELTERS Allowed the Public Works staff (1505) to negotiate for the construc- tion of the bus shelter. LANDSLIDE MORATORIUM Approved the proposed exemption NO. 39 -- 3 Clovetree for the existing structures 3 (1801) subject to conditions listed in Exhibit "A ". ACCEPTANCE OF DONATIONS Accepted the donations from Las AND AUTHORIZATION FOR Candalistas and from the EXPENDITURE OF FUNDS Portugese Bend Cooperative (1201) Nursery School and authorized an appropriation of $620 from the gifts for parks revenue fund for taxidermy services. PUBLIC WORKS MUTUAL Adopted RESOLUTION NO. 90--36 AID AGREEMENT -=- RESOL. AUTHORIZING THE APPROVAL OF THE NO. 90 -36 (1402) PUBLIC WORKS MUTUAL AID AGREEMENT WITH THE COUNTIES OF LOS ANGELES AND ORANGE AND OTHER CITIES AND COUNTIES AS THEY MAY BECOME SIGNATORY TO THE AGREEMENT. PURCHASE OF BOLLARDS FOR HESSE PARK (1201) PUBLIC HEARING ON ADOPTION OF FISCAL YEAR 1990 -1991 BUDGET (602) Authorized the purchase of 60 bollard posts from Columbia Cascade at a cost not to exceed $6,000. Established Tuesday, June 19, 1990 as the date of the public hearing for consideration of the FY 1990- 1991 annual budget. GEOGRAPHIC INFORMATION Authorized the City Manager to SYSTEM (1203) transmit a Letter of Intent to participate and authorize the expenditure of $1,500 in the 1990 -91 budget. r RESOLUTION NO. 90 -37 Adopted RESOLUTION NO. 90 -37 REGISTER OF DEMANDS ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH SAME ARE TO BE PAID. The motion to approve the Consent Calendar carried on the following roil call vote: AYES: HINCHLIFFE, BACHARACH AND MAYOR HUGHES NOES: NONE -3- JUNE 6, 1990 PUBLIC HEARINGS i INCREASE IN DOG LICENSE Mayor Hughes declared the FEES RESOL* NO*.90-38 public hearing open and the (104) secretary reported that notice had been duly published. Councilman Hinchliffe moved, seconded by Councilwoman Bacharach to adopt. Resolution .N.o. 90-38 establishing fees to be charged and bail to be set pursuant to provisions of Title 6 - (Animals) of the Rancho.,Pa.los Verdes Municipal Code. LANDSCAPE AND OPEN SPACE The Mayor declared the public MAINTENANCE DISTRICT NO* 1 hearing open and the secretary RESOLe NOe 90-39 AND 40 areported that notice had been (901) published. Public Works Director Wentz presented the staff memorandum (901) of June 6 and the recommendation to adopt Resolution 90-39 approving the Engineer's report, which included plans and specifications for existing improvements, a diagram for the assessment.district and an assessment of the estimated costs of maintenance, and Resolution 90-40 confirming the diagram and assessment in connection with Landscaping and Open Space Maintenance District No. 1 for fiscal year 1990-91. There being no response to the Mayor's call to public testimony, he declared the public hearing closed. Without objection, Resolution 90-39 was approved on the motion of Councilwoman Bacharach with a second from Councilman..Hinchliffe, and Resolution 90-40 also passed unanimously on Councilman Hinchliffe's motion, seconded by Councilwoman Bacharach, LANDSCAPE AND OPEN SPACE The Mayor declared the public MAINTENANCE DISTRICT NO* 2 hearing open and the secretary RESOLs NO* 90-41 and 42 reported that notice had been (901) 'published. Public Works Director Wentz presented the staff memorandum of June 6 and the recommendation to,adopt Resolution No. 90-41 approving the Engineer's report, and Resolution No. 90-42 confirming the diagram and assessment in connection with Landscaping and Open Space Maintenance District No. 2 for fiscal. Year 1990-91. There being no response to the Mayor's call to public testimony, he declared.the public hearing closed. On the motion. of Councilman Hinchliffe with a second from Councilwoman Bacharach, Resolution No. 90-41 was adopted without objection, and Resolution 90-42 also was unanimously adopted on Councilwoman Bacharach's motion and Councilman Hinchliffe's second. COASTAL PERMIT NO* 84 APPEAL -- ROVING FIELD ARCHERY RANCH (1804) affirming the findings of the Director Benard presented the staff memorandum of June 6 with the recommendation that Council deny the appeal, thereby Planning Commission and -4- JUNE 6, 1990 approving a roving field archery range subject to conditions. Councilwoman Bacharach asked that language be added to the conditions of approval that the portable toilet facilities not be visible from PVDS. Councilman Hinchliffe also inquired if the condition requiring emergency communication equipment should be strengthened. Lois Larue, 3136 Barkentine, appellant, objected to the archery range citing safety, coastal access and traffic problems. Bruce Primm, 17520 Elgar, Torrance, representing the South Bay Archery Club, noted that the club is in full agreement with all -the conditions of approval. Mr. Primm also stated that there were always cellular phones and CB's available, as well as first aid facilities for the members at all times, and that in the 12 years at the club's old location, no person or animal had ever been injured by arrows. Lynn Cicotte, 26447 Basswood, member of the South Bay Archery Club, also noted that the club was insured. Marta Haney, 40 Cherryhill, objected to the roving archery range, citing potential safety problems and loss of privacy. Councilwoman Bacharach reminded Ms. Haney that not only was her house surrounded by public property, but the archery targets were facing away from the residence. Tish Haney, 40 Cherryhill, also objected to the range on the basis of potential safety-hazards and dust from the road. Councilwoman Bacharach stated s-he beiieved� the range was a safe location for everyone, and noted that since Ms. Larue had made a policy of appealing all City decisions, it was hard �o tell which issues might be more important than others. The Council -made -severa-1 changes to the conditions of approval to clarify their concerns regarding remedial grading, toilet facilities, revocation procedures and RDA authority over the property. Councilwoman Bacharach moved to deny the appeal, seconded by Councilman Hinchliffe and the motion passed without objection. Mrs. Bacharach then moved to adopt Exhibit "A" with the revised Conditions 1, 2, 12, 13, new 14 and 17. Councilman Hinchliffe seconded the motion, which passed on the following -roll call vote: AYES: BACHARACH, HINCHLIFFE, AND MAYOR HUGHES NEW FEE FOR FENCE, WALL' AND HEDGE PERMITS RESOL. No. 90 -43 (1801) establishing a few fee for Permit applications. Mr. Director Benard presented the staff memorandum of June 6 with the recommendation that Council adopt Resolution No. 90 -43 processing Fence, Wall and Hedge Benard also noted that the suggested fee was based on an average application, which should be reviewed annually. Councilwoman Bacharach -5- JUNE 6 , 1990 suggested that the fee be set at $70, but not raised annually, and Mayor Hughes noted that it would not be inappropriate to subsidize some of the fees, but that it would be better to reevaluate this one next year, since there is no track record. Councilwoman Bacharach moved approval of the fee at $70, seconded by Councilman Hinchliffe. The motion passed on a 2 -1 vote, with Mayor Hughes dissenting. 9 Councilman Hinchliffe then moved to adopt Resolution No. 90- 43, Mrs. Bacharach seconded, and the motion passed without objection. NEW FEE FOR VIEW Director Benard presented the RESTORATION PERMITS (1801) staff report of June 6 with the recommendation that the Council adopt Resolution No. 90 -44 establishing a new fee for processing View Restoration Permit applications. Planning Administrator Williams explained the incremental fee structure, and Councilman Hinchliffe stated it could be discriminatory against applicants with more than one viewing area. Director Benard stated that each original application would cover confirmation of a single view impairment from multiple rooms, and that it was a very expensive permit to process. Warren Sweetnam, 7 Toprail, representing the View Restoration Committee, stated he felt the fees were high, but realized that costs had to be covered. Beverly Rhodes, 26829 Hyte Road, also stated the proposed fee was too high, and asked if it was necessary for the City Attorney to spend time on each application. Councilwoman Bacharach suggested tying the fee to a Height Variation application ($305), even if it means not covering period o costs during the break -in p n this new type of process. Councilman Hinchliffe stated that the City shouldn't have to subsidize this procedure just because it's a popular issue, and suggested-removing the acid i t J. tuna 1 vi.ewina fee, and Councilwoman Bacharach restate s. pier feelings ghat the fee was too high, and asked that the co- applicants should be more fiscally responsible for the application costs. Attorney y Calonne suggested that the permit conditions could require that co- applicants be identified at the time of the original application, with the consent o f the applicant. Councilman Hinchliffe moved to adopt staff recommendation, eliminating the additional viewing position fee, and with the addition of a condition that a co- applicant must file jointly with the consent of the applicant. Mayor Hughes seconded the motion, which carried on the following roll call vote! AYES: BACHARACH, HINCHLIFFE AND MAYOR HUGHES -6- JUNE 6, 1990 RECESS AND RECONVENE At 10:12 P.M. the Mayor declared a recess. At 10 :27 P.M. the meeting reconvened. AUDIENCE QUESTIONS Jean Nerko, 6 Packet Road, complained that she has been hassled by door -to -door solicitors, and asked that the City institute a protective ordinance. City Attorney Calonne suggested that the City Manager contact the sheriff's office to make sure they understand and can enforce existing ordinances regarding this problem. Lois Larue, 3136 Barkentine, asked for clarification on the Resolution numbers. VARIANCE NO. 252 -- APPEAL Director Benard presented the 2175 Rockinghorse-"'' ocki.nghorse ` ' ' staff memorandum of June 6, RESOL. NO. 90 -45 (1804) and the recommendation to adopt Resolution No. 90 -45 denying the appeal, thereby upholding the Planning Commission's decision on the item. City Attorney Calonne noted for the record that the City was currently involved in litigation. with the Finazzos on two matters unrelated to this issue. Josephine Finazzo, 2175 Rockinghorse, asked that the penalty fee be waived, and asked that the alternative roof location for the satellite dish be approved. She also stated that her neighbors had been unwilling to compromise. Oil Alberio, 2177 Rockinghorse, asked the Council to uphold the Planning Commission's decision to deny the appeal. Councilwoman Bacharach noted that this was a classic case of view obstruction, and asked the City Attorney to look into amending the Development Code so that applications for permits would not be accepted until existing permits had been complied with.' Mayor Hughes stated he had seen no compromise on the part of the appellants, and that he supported the staff recommendation. Bacharach made a motion to deny the appeal and adopt Resolution No. 90 -45, and Councilman Hinchliffe seconded her motion, which passed unanimously. CONTINUED BUSINESS MORATORIUM EXEMPTION Director Benard presented the NO. 32 (1801) staff memorandum of June 6 and the recommendation to approve the exemption subject to the conditions outlined in Exhibit "A" of the staff report. - Council inquired about the drainage mechanism, and Mr. Benard also noted.that a geotechnical report was required as part of the conditions. Councilman Hinchliffe moved to adopt the staff recommendation, Councilwoman Bacharach seconded, and the-motion passed -7- JUNE 6, 1990 without objection. GUIDELINES AND PROCEDURES (Councilwoman Bacharach moved, FOR PRESERVATION OF VIEWS seconded by Councilman WHERE STRUCTURES ARE Hinchliffe and carried, to INVOLVED-- RESOL. 90 -47 add this item and the next, both moved from the Consent Calendar, to the agenda at this point.) Council made some changes to clarify the language in the proposed guidelines attached to Resolution No. 90 -47, adopting regulations to implement the view preservation and restoration ordinance. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe, to adopt the Resolution as amended, and the motion passed without objection. GUIDELINES AND PROCEDURES FOR THE VIEW RESTORATION COMMITTEE RESOL. NO. 90 -48 (1801) amended, and the motion passed Council asked that specific language in the guidelines be clarified, and Councilwoman Bacharach moved, seconded by Councilman Hinchliffe, to adopt Resolution No. 90 -48 as without objection. PERSONNEL ORDINANCE City Manager Cornett presented ORD. NO. 260 (1202) the staff memorandum of June 6 recommending that the personnel ordinance be adopted. City Attorney Calonne presented substantive revisions to the ordinance that addressed some minor inconsistencies in the original draft, specifically the definition of "department head.". Councilwoman Bacharach moved to introduce the ordinance as amended, Councilman Hinchliffe seconded, and the motion passed without objection. AWARD OF PUBLIC WORKS City Manager Cornett presented CONTRACT (1204) the staff memorandum of June 1 containing the recommendation that the 1990 -91 contract with Charles Abbott Associates for public works and city engineering be approved as presented. Council expressed concern with the indemnification clause, and City Attorney Calonne suggested alternative language to answer their concerns. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe, to direct the City Attorney to incorporate those changes and bring the contract back to the June 19, 1990 meeting. The motion passed without objection. AWARD OF CONTRACT FOR Council expressed the same BUILDING AND SAFETY (1204) concerns with this proposed 1990 -91 contract with Charles Abbott Associates for Building and Safety with respect to the indemnification clause as in the previous item, and Councilwoman Bacharach moved, seconded by Councilman Hinchliffe, to direct the City Attorney to incorporate the same changes as in the previous contract regarding -8- JUNE 6, 1990 indemnification, and to bring the contract back to the June 19, 1990 meeting. The motion passed without objection. A discussion ensued regarding the feasibility of keeping the permit clerks on the City payroll or to pay them through the Charles Abbott contract,as proposed. Director Benard stated that the positions would have to be subsidized either way, and that he preferred they be city employees. Another motion was made by Councilman Hinchliffe to adopt Director Benard's recommendation to take the positions out of * the new Building and Safety contract, leaving them as city employees. The motion was seconded by Mayor Hughes and passed without. objection. NEW BUSINESS GRANTS FOR EASTVIEW PARK Director of Recreation and (1201) Parks Mary Thomas presented the staff memorandum of June 6 with the recommendation that Council authorize her to acknowledge the state's conversion requirements for Eastview Park. Councilwoman Bacharach moved to transfer the grant funds to Abalone Cove Shoreline Park and to move the EET money to Eastview. Councilman Hinchliffe seconded the motion, and it passed without objection. COUNTY OF LOS ANGELES Public Works Director Wentz HAZARDOUS WASTE MANAGEMENT presented the June 6 staff PLAN - -ORD. NO* 259 memorandum containing the recommendation that Council adopt Ordinance No. 259 concerning consistency of land use decisions with County Hazardous Waste Management Plan. City Attorney Calonne suggested some clarifying revisions, and Councilman Hinchl-iffe moved to adopt the staff recommendation with the modifications. Councilwoman Bacharach seconded the motion, which passed without objection. WRITTEN COMMUNICATIONS DIMENSION CABLE TV Dimension Cable representative (605) Steve Fowler made a presentation to the Council regarding signal.1eakage, service problems, and various basic packages available to his subscribers, TRANSIT ADVISORY Councilwoman Bacharach moved, COMMITTEE ALTERNATE (1505) seconded by Councilman Hinchliffe to appoint DeWitt Kirk as an alternate until December 1993 for the Transit Advisory Committee as requested by Marion Smith. The motion passed without objection. CITY COUNCIL REPORTS PROPOSITION 111 BUDGET Councilwoman Bacharach asked -9- JUNE 6, 1990 REVISION staff'to put together a report on how much income this proposition would collect, and to add in some projects. SPEED DETERRENTS IN Councilwoman Bacharach noted RESIDENTIAL STREETS that grassy knolls and S-curbs are used as traffic reducers in Seattle, and she asked staff to look into the feasibility of using these mitigating measures in this city. CITY MANAGER REPORTS STATUS OF DIRECTIVES 0 (1101)* CREST ROAD CONFLICT COUNSEL Has been referred to alternate counsel, DEVELOPMENT CODE Staff is preparing outline of REVISIONS changes to be presented at July 17 meeting., STORAGE OF MATERIALS Staff is looking for ways to AT CITY HALL SITE remove or screen contractor materials. Director Wentz to present staff report at June 19 meeting. CROSSING GUARDS (1503) Mayor Hughes suggested considering making specific streets one-way during morning and afternoon school traffic hours. It was moved, seconded and carried to refer the item to the Traffic Committee. PURCHASING ORDINANCE Currently under review by the City Attorney regarding the lowest responsible bidder, COUNCIL AUDIO SYSTEM City Manager Cornett described (307) the proposed system, and stated it would give increased sound quality at the meetings. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe and carried, to approve the proposed system subject to inspection of the equipment. CHAIRS FOR COUNCIL Council stated there seemed to TABLE (307) be no difference in the new furniture, and suggested looking into using the audience chairs from the Transportation Committee Councilwoman Bacharach moved, -10- JUNE 6, 1990 seconded by Councilman Hinchliffe and carried, to table the chair item. MAJOR DEVELOPMENT Councilwoman Bacharach asked to APPLICATION SCHEDULING see this schedule monthly to use as a tool to track the projects. Director Benard stated the schedule could be made even more detailed, and Mayor Hughes asked that staff present a sample of the more detailed report on Kajima and Long Point at the next meeting. Councilwoman Bacharach noted that this was City Manager William Cornett's last meeting. The Councilmembers thanked Mr* Cornett for all his hard work, and wished him good luck, ADJOURNMENT At 1*025 A. M. the meeting adjourned to the next session, and City Attorney Calonne noted the closed session would be held pursuant to Gov't Code Section 54956.9 (a) to discuss pending litigation against the City by Citizens United Against Undergrounding, and by the Finazzos. ATTEST, TY CLERK -11- JUNE 6 y 1990