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CC MINS 19900619M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JUNE 19, 1990 The regular business meeting was called to order at 7:30 P.M. by Mayor Hughes, Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: McTAGGART, HINCHLIFFE, BACHARACH AND MAYOR HUGHES 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 Ariel P. Calonne, Recreation and Parks Director Mary Thomas, and Assistant to the City Manager Pam Weaver. WAIVER OF FULL 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. APPROVAL OF AGENDA Item C -6 (Purchasing System Ordinance) was removed at the request of the City Manager to be reintroduced at a later date. Three items were added to the City Council Reports for discussion -- Students who are apprehended carrying weapons to school; Airport land use planning; and SB 2882 (Presley) reducing property tax transfers. The amended agenda was approved on motion of Councilwoman Bacharach, seconded by Councilman Hinchliffe and carried. CONSENT CALENDAR Item A -1 (Minutes of May 15, 1990 meeting) was removed to be discussed following New Business, at the request of an audience member. Item A -12 (PV Transit Agreement) was moved to the end of the agenda. AWARD OF LANDSCAPE CONTRACT Awarded the FY 90 -91 landscape FOR PARKS AND MEDIANS FOR maintenance contract for parks FY 90 -91 (1201 x 1204) and medians to Bennett Enterprises at a cost not to exceed $235,798 per year. STREET PATCHING SERVICE Awarded the FY 90-91 street FY 90-91 (1404) patching service to Sully- Miller Contracting Co. in the amount of $35,000. STREET PATCHING PROJECT Awarded the FY 90-91 street FY 90-91 (1404) patching project to Sully- Miller Contracting Co. in the amount of $66,753.50 plus a contingency of $6,600. for a total of $73,353.50. ELDENA DRIVE RECONSTRUCTION Accepted the completed work for CONTRACT (1404) the reconstruction of Eldena Drive in the amount of $53,029.31, directed the City Clerk to file a notice of completion, notify surety and to exonerate contract bonds, and authorized the Finance Director to release the retention 35 days after said notice if no claims are filed against the contractor during this period, CUSTODIAL SERVICES CONTRACT Awarded the FY 90-91 custodial (1204) contract for City facilities to Lomita Maintenance at a cost not to exceed $52,200. REACH PROGRAM DONATIONS Accepted a $4,500 donation (12 01) through the gifts for parks program and appropriated expenditure of the funds for the 1990-91 Reach Program. GRANTS FOR EASTVIEW PARK Authorized the Directorf� of (1201) Recreation and Parks to submit to the State an official request to switch the grant funds from the Eastview Park project to the Abalone Cove Shoreline Park project, LACTC SUB-REGIONAL Approved an application to the PARATRANSIT GRANT (1505) Los Angeles County Transportation Commission (LACTC) for a sub-regional paratransit incentive grant for PV Transit and Peninsula Dial-A-Ride for FY 90-910 PV TRANSIT AGREEMENT WITH Authorized the Mayor and the ATE/RYDER (1505) City Clerk to sign an amendment to the agreement with ATE Management and Services Company, Inc., a subsidiary of Ryder Public Transportation Services, to continue to operate and manage PV Transit on a month-to-month basis commencing July 1, 1990, under a fixed-variable rate contract. TRANSPORTATION ASSESSMENT Authorized the Mayor and the SURVEY (1505) City Clerk to enter into an agreement with Community Transportation Services, Inc., for services related to the -2- JUNE 19, 1990 transportation assessment survey. City Attorney Calonne noted that the confidentiality provision is not intended to interfere with the Public Records Act. RESOLUTION NO. 90 -49 - Adopted RESOLUTION No. 90 -49 VACATION OF A PORTION OF OF THE CITY COUNCIL OF THE CITY SEA RAVEN DRIVE (1408) OF RANCHO PALOS VERDES DECLARING INTENTION To VACATE SEA RAVEN DRIVE FROM HEROIC DRIVE TO THE CUL -DE -SAC. ORDINANCE NO. 259 - Adopted ORDINANCE No. 259 HAZARDOUS WASTE MANAGEMENT AMENDING CHAPTER 16.08, CHAPTER PLAN (1402) 17.56, CHAPTER 17.60 AND CHAPTER 17.64 OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATIVE To LAND USE APPROVAL CONSISTENCY WITH COUNTY HAZARDOUS WASTE FACILITIES SITING PLANS. RESOLUTION NO* 90 -50 LA COUNTY AID -TO- CITIES FUNDING (601) SIGNAL MAINTENANCE CONTRACT (1204 X 1404) RESOLUTION No. 90 -51 REGISTER OF DEMANDS Adopted RESOLUTION NO. 90 -50 REQUESTING ALLOCATION OF AID TO CITIES FUNDS FROM THE COUNTY OF LOS ANGELES FOR THE FISCAL YEAR 1989 -90. Approved,the extension of Superior Signal Services contract for one year with a 4% increase. Adopted RESOLUTION NO. 90 -51 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: McTAGGART, HINCHLIFFE, BACHARACH AND MAYOR HUGHES ABSENT: RYAN CABLE TV ANNUAL REPORT Dorothy Ciffone, Station Manager of KPVP Channel 43, detailed the history of the operation and announced that a videotape overview of current programming would be presented at the break. Councilwoman Bacharach noted that some of the local shows are winning awards, and that she hoped to see the studio continue to function as an asset to the community. -3- JUNE 19, 1990 PUBLIC BEARING: RESOLUTIONS No. 90 -52 & Deputy City Manager Rohloff 90 -53 - ANNUAL BUDGET FOR presented a detailed summary of FISCAL YEAR 1990 -91 (602) the fiscal year budget, including changes due to recommendations and direction given by the Council. Mr. Rohloff also noted that although County monies are earmarked for Abalone Cove, none has as yet been received, so the City is keeping the RDA funded. Mr. Rohloff also explained various departmental allocations as well as revised revenue projections for the gas tax, and recycling and beautification funding. In response to Council inquiries, Mr. Rohloff also explained that park building security included RPV and Eastview parks, with a single bid for all burglar alarm contracts, and that janitorial maintenance for Eastview was not included and would come back to Council later. Several minor corrections were also made. John L. Beringer, 3412 Seaglen, president of the RPV Council of Homeowners Associations, requested that all Planning Commission meetings be televised. Councilman McTaggart answered that funds would first be channeled to improve the quality of the Council coverage first, with any funds left over earmarked for special Planning Commission meetings, since most regular Commission meetings concerned disputes between neighbors that would not be of citywide concern. Lois Laru.e, 3136 Barkentine, asked that the South Bay Chamber Music group receive community support. Jeanne Smolley, 56 Limetree, asked for clarification on dewatering wells participation funds held in trust. Mr. Rohloff then presented a brief summary of the RDA budget, which he stated had not changed much through the work sessions. Councilwoman Bacharach noted that she would like to see the lobbyist allocations corrected to specifically indicate the project involved, and the City Manager stated he would revise that section as necessary. The public hearings on the City Council and RDA budgets were closed on the motion of Councilwoman Bacharach with a second from Councilman McTaggart and carried. Councilwoman Bacharach asked that the waste management figure be changed to $144,0009 RESOLUTION NO. 90 -52 ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FISCAL YEAR 1990 -91 was read by title and adopted on motion of Councilwoman Bacharach, seconded by Councilman Hinchliffe and carried unanimously. Councilwoman Hinchliffe then moved to adopt RESOLUTION NO. 90 -53 ESTABLISHING THE FISCAL YEAR 1990 -91 OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF RANCHO PALOS VERDES as amended, with a second from Councilman McTaggart, and -4- JUNE 19, 1990 carried. Councilwoman Bacharach moved to continue the RDA resolution to the next RDA meeting- r Councilman Hinchliffe seconded, and the motion passed without objection. At this point, the RDA meeting was formally adjourned* RECESS AND RECONVENE* At 91-625 P.M. the Mayor declared a recess. At 9:45 P.M. the meeting reconvened. PERSONNEL INTRODUCTION New Assistant Planner John Leung was formally introduced to the Councilo AUDIENCE QUESTIONS Responding to the Mayor's call for audience questions was Roy Fulwider, 28219 Hazelridge, who asked that broken sidewalks near Hughes Market be replaced. Mayor Hughes asked Director Wentz to meet with Mr. Fulwider to discuss these concerns* Jeanne Smolley, 56 Limetree, stated that illegal dirt dumping had taken place in Portugese Bend, and although Code Enforcement had caught the offender, the dirt had not yet been removed. Director Benard noted that a private contractor had removed the dirt, and Mayor Hughes directed Mr. Benard and City Attorney Calonne to address the matter at the Planning Commission level, and to report back with suggestions on how to handle such situations in the future* CONTINUED BUSINESS PUBLIC WORKS CONTRACT (1204) City Attorney Calonne presented BUILDING & SAFETY CONTRACT the staff memorandum.of June 19 (201) and the recommendation not to take action on either contract since Charles Abbott and Associates had altered language in both that needed to be examined. Councilwoman Bacharach moved to table both items, Councilman Hinchliffe seconded, and the motion passed unanimously* RECONSIDERATION FOR Director Benard presented the LANDSLIDE MORATORIUM staff memorandum of June 19 and EXEMPTION NO. 38 the recommendation to approve Yacht Harbor Dr. (1801) the exemption subject to revised conditions. John McCarthy, 105 Spindrift, applicant, stated he had requested using a manually-operated system to avoid vandalism and because there was no electricity in the common area. Mr. McCarthy also stated that operation would be handled on a regular basis by the maintenance crew. Councilman Hinchliffe removed himself from voting on the issue since he lives in the area under advisement* -5- JUNE 19, 1990 Councilwoman Bacharach moved to adopt the staff recommendation amending it to eliminate Condition 3 from the original approval, and requiring a.mechanical, solar or electromechanical timing device to be included. Mayor Hughes seconded the motion, which passed on a 3-0 vote, with Councilman Hinchliffe abstaining.. PUBLIC ART RESOLUTION Director Thomas presented the GUIDELINES (1201) staff memorandum of June 19 and the recommendation to adopt the Public Art Guidelines resolution and to direct staff to I advertise for members of the ad hoc public art committee. Councilman McTaggart stated he felt it was inappropriate to impose this condition on developers. Lois Larue, 3136,Barkentine, commented on the proposed Resolution. City Attorney Calonne stated he felt there could be a risk of a successful challenge to the program, and that he has drafted revised language to close the perceived loophole. Councilwoman Bacharach moved to continue the guidelines, but to direct staff to go ahead and advertise for members for the ad hoc committee. Councilman Hinchliffe seconded the motion, and it passed without objection. ORDINANCE NO* 260 - Mr. Rohloff presented the staff PERSONNEL SYSTEM (1202) report of June 19. and the changes made at the direction of the Council. ORDINANCE NO* 260 OF THE CITY OF RANCHO PALOS VERDES AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING CHAPTER 2.46 TO ESTABLISH A PERSONNEL SYSTEM was presented by title and introduced on motion by Councilwoman Bacharach seconded by Councilman Hinchliffe and carried. SITE PLAN REVIEW NO. Director Benard presented the 5338 -- APPEAL (1801) staff memorandum of June 19 with the recommendation to dismiss the appeal, thereby upholding the Planning Commission's conditional approval of a satellite dish antenna, Roger Noorthoek, 6444 Via Colinita, appellant, stated he would lose more than 75% of available signals if he had to move the dish, and claimed constitutional rights to leave it where it was. Mayor Hughes reminded Mr. Noorthoek that he had a right to have the dish located in a reasonable area, but not a right to have every channel available if it was at the expense of others, and that the signals were the property of the transmitting agency. -6- JUNE 19, 1990 Edward Murphy, 6304 Via Ciega, neighbor, spoke in favor of the Planning Commission decision, objecting to the intrusive location of the dish, and supporting Location "C". Marilyn Lyon, 6424 Via Colinita, also asked the Council to support.staff recommendation to deny the appeal. Nedilka Mosich, 6433 Via Colinita, spoke in support of the staff recommendation-, and presented photos showing the dish blocking her view. Robert Lyon, 6424 Via Colinita, also spoke against the appeal, and suggested the appellant apply for a variance to move the dish into the setback. City Attorney Calonne clarified that the availability of cable channels was irrelevant, but that the appellant needed to demonstrate that practical difficulties existed preventing reasonable reception or causing unreasonable interference. Mr. Calonne also stated that the appellant's stated preference of channels had to be taken into consideration, but other than that, the Council was free to come up with their own criteria as to what was "reasonable." Director Benard also noted that the appellant had several other options available such as raising the antenna at another suggested location to increase reception, or modifying the setbacks through a Minor Exception Permit. A Council discussion ensued in which it was decided that lowering it in the current location would reduce reception, but that the new location might create new view impacts. Councilman Hinchliffe moved to deny the appeal and to direct staff to bring back a resolution suggesting an alternate location between "C" and the star on the staff map. Councilman McTaggart seconded the motion, which failed 2-2, with Councilwoman Bacharach and Mayor Hughes dissenting. Councilwoman Bacharach moved to direct the staff to work with the appellant to attempt to locate the dish between Location "C" and the star on the staff map, or to successfully shield the dish in its current location in the right-of-way under an Encroachment Permit. Councilman Hinchliffe seconded the motion, which passed unanimously* FILM PERMIT -- APPEAL Pam Weaver presented the staff PORTAL PRODUCTIONS (202) memorandum of June 19 regarding the denial of the film permit application by Portal Productions by the City Manager, and the recommendation that the Council uphold the denial. Ms. Weaver also presented an alternative to the denial of the appeal that would allow the filming if the applicant met with specific conditions such as noticing, having additional enforcement personnel on site, and restrictions on the lighting. -7- JUNE 19, 1990 Richard Kopenhefer, 10100 Santa Monica Blvd, Los Angeles, attorney representing Portal Productions, stated the filming would not interfere with traffic and would create no fire hazard. Mr. Kopenhefer also stated he had polled the residents closest to the site, and they had no objections to the proposed activities. Ian Paterson, 14231 Sunset Blvd., Pacific Palisades, line producer on the film, explained some special effects that would be used, including a flame bar. I Michael Wallrecht, 6922 Hollywood Blvd., Hollywood, representing the California Film Commission, stated that the film company had no objection to the sheriff being on the set to enforce the permit conditions. Councilwoman Bacharach moved to approve the permit with the three restrictions outlined by Ms. Weaver. Councilman Hinchliffe seconded the motion, which passed unanimously. FILM PERMIT DENIAL -- Ms. Weaver presented the staff DEER RUN PRODUCTIONS (202) memorandum of June 19 and the recommendation to uphold the City Manager's determination to deny a film permit at Abalone Cove Beach. Peter Novak, 11941 Laurelwood Drive, Los Angeles, location manager for the production company, answered Council inquiries as to how the film company would handle the debris and noise caused by a car going over the cliff. Lois Larue, 3136 Barkentine, asked the Council to uphold the denied permit to protect the beach,, Councilman Hinchliffe stated his concern with the public perception of the activity in a preserve area. Councilwoman Bacharach and Councilman McTaggart expressed their concern about the potential noise impact. Mayor Hughes also stated he felt the area was sensitive and difficult to clean up. Councilman Hinchliffe moved to uphold the denial of the film permit, Mayor Hughes seconded, and the motion passed on a 4-00 RESOLUTION NO* 90-54 Director Wentz presented the IVY RUBBISH DISPOSAL staff memorandum of June 19 and (605 X 1301) the recommendation that Council adopt a resolution establishing the residential refuse collection rate for Area IV. Councilman McTaggart stated he felt the increase was exorbitant even though it included a fee for costs the City would incur addressing the mandates of AB 939. Councilman -8- JUNE 19, 1990 Hinchliffe said he felt the formula should be looked at next time, and Mayor Hughes noted this was the third rate hike in 18 months. Councilman Bacharach moved to adopt RESOLUTION NO. 90 -54 ESTABLISHING RESIDENTIAL REFUSE COLLECTION RATES FOR AREA IV..Councilman Hinchliffe seconded, and the motion passed on the following roll call vote; AYES. HINCHLIFFE, BACHARACH, AND MAYOR HUGHES NOES: McTAGGART RESOLUTION NO. 90 -55 -- Director Wentz presented the WASTE MANAGEMENT OF staff memorandum of June 19 and CALIFORNIA (605 X 1301) the recommendation that Council adopt a resolution establishing residential refuse collection rates for Area I. II and III. Edward Murphy, 6304 Via Ciega, objected to the vacation suspension and reactivation charges imposed by Waste Management, and suggested that the City reexamine the obligatory service ordinance and adjust rates to usage. Councilwoman Bacharach stated that refuse collection was required to avoid illegal dumping, and that usage adjustments would be too hard to make. Councilman McTaggart stated he felt this rate increase was also too high. Councilwoman Bacharach moved to adopt RESOLUTION NO. 90 -55 ESTABLISHING THE RESIDENTIAL REFUSE COLLECTION RATES FOR AREA I, II AND III. Councilman Hinchliffe seconded, and the motion passed on the following roll call vote: AYES: HINCHLIFFE, BACHARACH AND MAYOR HUGHES NOES. McTAGGART RPV /RDA JOINT EXERCISE Councilwoman Bacharach moved to OF POWERS AGREEMENT adopt a RESOLUTION OF RESOLUTION (1801) THE CITY OF RANCHO PALOS VERDES APPROVING A JOINT EXERCISE POWERS AGREEMENT BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE REDEVELOPMENT AGENCY, AND TO AUTHORIZE THE MAYOR TO EXECUTE SUCH AGREEMENT. Mayor Hughes seconded the motion, and Councilman Hinchliffe stated he would withdraw from voting as per the City Attorney's recommendation, but the motion was not voted upon. City Attorney Calonne stated he felt the resolution should be amended to include a clause regarding infrastructure obligations, and suggested this be done in another meeting of the subcommittee. Councilwoman Bacharach moved a substitute motion to table the item in order to amend the agreement, Mayor Hughes seconded, and the motion passed without objection. (THE FOLLOWING ITEMS WERE REMOVED FROM THE CONSENT CALENDAR) -9- JUNE 19, 1990 MINUTES OF MAY 15, 1990 Since the audience member requesting to speak to this item had left, Councilwoman Bacharach moved approval of the minutes, seconded by Councilman Hinchliffe and carried* PV TRANSIT AGREEMENT (1505) Councilwoman Bacharach explained that she felt there should be a buy-in cost, and also noted that PVE had a different fare structure that caused extra administrative costs to the City. Councilwoman Bacharach then moved to adopt the staff recommendation to authorize the Mayor and the City Clerk to sign an agreement with the Cities of Rolling Hills Estates, Palos Verdes Estates and the County of Los Angeles to provide PV Transit services for FY 90-91. Ms. Bacharach also added-to the motion a requirement that a 60 buy-in cost and a baseline of administrative services be established, and that anything over and above that would be billed to the City requesting it. Councilman McTaggart seconded the motion, and it passed without objection. RECESS AND RECONVENE (Councilman Hinchliffe left CONSOLIDATED LAW ENFORCEMENT (1206) participate in the proposed alternatives or options for enforcement services in Los CITY COUNCIL REPORTS At 12:50 A.M. the Mayor declared a recess. At 12:55 A.M. the meeting reconvened. the meeting at this time.) It was moved, seconded and carried to authorize an expenditure of $1,000 to study regarding future regional or consolidated law Angeles County. STUDENTS WHO ARE APPREHENDED The Council acknowledged a CARRYING WEAPONS TO SCHOOL communication from Mayor Rossick of Lomita requesting that the City adopt a resolution requesting that the Los Angeles City Unified School District reconsider their recent action concerning students who are apprehended carrying weapons on school property. It was the consensus to send a letter supporting the City of Lomita's request on this matter. AIRPORT LAND USE PLANNING (306) support SB 2798 exempting Los inappropriate and unnecessary requirements. PROPERTY TAX TRANSFERS TO RIVERSIDE COUNTY CITY (306) Councilwoman Bacharach moved, seconded by Councilman McTaggart and carried, to Angeles County from airport land use planning Councilwoman Bacharach moved, seconded by Councilman McTaggart and carried, to -10- JUNE 19 F 1990 oppose SB 2882 imposing restrictions upon the transfer of property taxes to the Riverside no and low cities. CITY MANAGER REPORTS STATUS OF COUNCIL City Manager Bussey updated the DIRECTIVES Council on the latest actions taking place. SOLICITATION PERMIT Mayor Hughes asked why the existing ordinance was not working. City Attorney Calonne stated he would contact the sheriff's office to ask how it was being implemented, and that he would also sample similar ordinances and get other legal opinions on the subject. SALARY SURVEY Mr. Rohloff presented the staff memorandum of June 19 and the recommendation that the Requests for Proposals and quotations be obtained and returned to the Council for consideration. Councilwoman Bacharach moved staff recommendation, seconded by Councilman McTaggart and carried. ADJOURNMENT: At 1:05 A. M. the meeting adjourned on motion of Councilwoman Bacharach seconded by Councilman McTaggart. AAY -11- JUNE 19, 1990