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CC MINS 19871117M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 17, 1987 The meeting was called to order at 7:30 P.M. by Mayor Melvin W. Hughes at the Hesse Park Community Center, 29301 Hawthorne Boulevard. After the Pledge of Allegiance to the Flag, roll call was answered as follows: PRESENT: RYAN, BACHARACH , Mc TAGGART, HINCHLIFFE AND MAYOR HUGHES ABSENT: NONE Also present were City Manager Dennis W. McDuffie, Steve Dorsey, Director of Environmental Services Robert Benard, City Clerk Jo Purcell, Public Works Director George Wentz, and Finance Director Kevin Smith WAIVER OF FULL READING OF Councilman McTaggart moved, seconded ORDINANCES & RESOLUTIONS by Councilman Hinchliffe and car ried, to waive reading in full of all ordinances and resolution adopted at this meeting with consent to the waiver of reading deemed to be given by all Councilmembers after reading of the title, unless specific request was made at that time for the reading of such ordinance or resolution. APPROVAL OF AGENDA The City Clerk announced the follow- ing additions: .Long Point, F.A.C.T. Report, City Walkway, Clean Air Act, and Code Enforcement. The agenda as amended was approved on motion of Councilwoman Bacharach, seconded by Councilman Ryan and carried, CONSENT CALENDAR The City Clerk announced that the following items_ were deleted from the Consent Calendar: The claim against the City and Legislation. The Consent Calendar was approved as follows on motion of Councilwoman Bacharach, seconded by Councilman McTaggart. MINUTES Approved the minutes of September 19 , 30 and November 4, 1987 with amendments, 700CP /MIN2.1 -8 - 1 - November 17 3 1987 REQUEST FOR WAIVER OF FEES - CONDITIONAL USE PERMIT N0. 132 (1804 ) RESOLUTION NO. 87 -61 PARKLANDS ACT OF 1986 (1201) Request from the Palos Verdes School District for Waiver of Fees for Conditional Use Permit No. 132. was granted. - COMMUNITY Adopted Resolution No. 87 -61 - Approving the Application for Grant Funds under the Community Parklands Act of 1986. CLAIM AGAINST THE CITY (303) ORDINANCE NO. 220 (1804 ) TOYS FOR TOTS CAMPAIGN (305) RELEASE OF BONDS FOR TRACT (1411) DEVELOPMENT AGREEMENT PROCEDURE (1203) HAZARD ELIMINATION - SIGN PROJECT (1404 ) Rejected claim against the City by IP , S eahi l l Townhouse Homeowners Assoc. et al. , and directed the City Clerk to notify the claimants* Adopted Ordinance No. 220 - Amending Ordinance No. 213U and Amending the Rancho Palos Verdes Municipal Code. Authorized the use of City Hall to be the drop -off center for the Toys for Tots Campaign and authorized staff to do appropriate public rela- tions for a successful campaign. Approved release of Bond No. 52 -50 -5120 and 5420- 60 -68. Adopted Resolution No. 87 -62 Establishing procedures and require- ments for the consideration of development agreements pursuant to California Government Code Sections 65864 through 65869.5. (1) Accepted the completed work on the HES -000S (140) Arterial Signing Improvement project in the amount of $186,336.52; (2) Directed the City Clerk to file a Notice of Completion, notify surety and to exonerate contract bonds; (3 ) Directed the Finance Direction to release the retention 30 days after said notice is filed if no claims are filed against the contractor during this period. 700CP /MIN2.1 -8 - 2 - November 17, 1987 COMMUTER TRANSPORTATION IMPLEMENTATION (1505 ) RESOLUTION N0, 87 -63 JOINT POWERS AGREEMENT - SOUTH BAY CORRIDOR. STUDY PHASE III (1505) Authorized the Mayor and City Clerk to sign an agreement with the Cities of Hermose Beach, Redondo Beach, E1 Segundo, Lawndale , Torrance and the City of Los Angeles to clarify the roles, responsibilities and finan- cial participation among the CITIES throughout the development of the Commuter Transportation Implementation Plan. Adopted Resolution No. 87 -6 !� - Allowing certain claims and demands and specifying funds from which the same are to be paid. Approved the amendment - Joint Powers Agreement South Bay Corridor Study Phase III. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: RYAN, BACHARACH , McTAGGART , HINCHLIFFE , AND MAYOR HUGHES NOES: NONE ABSENT: NONE ORDINANCE NO. 222 - RESTRICTIONS City Manager McDuffie presented the ON LEAF BLOWERS ( 801) November 17, 1987 staff memorandum and the recommendation to restrict the use of leaf blowers within the City to between 8:00 A.M. and 5:00 P.M. Monday through Friday, and prohibiting their use on Saturday, Sunday and national holidays. An additional staff report was presented which sum- marized the letters and phone calls received at City Hall regarding the use of leaf blowers. Council then inquired about the letters and complaints received regarding the use of blowers, who would be enforcing the ban and whether it would be cited as an infraction or a misdemeanor. The discussion then centered around the use of gas versus electric blowers. Speaking in support of banning blowers were the following residents: Ann Richardson, 30823 Cartier Drive; Elisabeth Ryan, 3224 Barkentine Road; Charles Redding, 28116 Ridgefern Court; Bill Fitzgerald, 6932 S tars tone Drive and Carol Kramer, 6810 Crest Road. Their comments dwelt on the polluting and noise affects of these blowers and the resulting health hazards. 700CP /MIN2.1 -8 - 3 - November 17, 1987 Speaking in support of the use of leaf blowers was George Kamio , 16903 Dalton Avenue, representing the Gardena Valley Gardeners Association; Gordon Lilley, , 1028 West Glendale Street, West Covina, representing a power blower manufacturer; and Peggy Costello, 41 Rockinghorse Road. These speakers pointed out the efficiency and economy of leaf blowers and cited the research being done to reduce the noise and polluting aspects of the blowers. Council then inquired about the life expectancy of blowers and how this would affect the phase out of machines presently in use, whether other cities were requiring a misting apparatus on the leaf blowers, and inquired whether anybody on staff had seen a demonstration of the blowers referred to by the manufacturers representative. Additional testimony against leaf blowers was then received from David Galas, 29504 Whitley Collins Drive, and Lyle Quatrochi , 4002 Exultant Drive. RECESS AND RECONVENE The Mayor declared a Recess at 9:15 P.M. At 9:30 P.M. the meeting reconvened. The Council discussion then resumed on the ordinance presented for intro- duction. The suggestion was made that perhaps the manufacturers of such machines should be invited to attend a workshop for demonstration of the machines to exhibit the misting and noise reduction features that are available. Additionally it was suggested that the League of Cities be requested to explore regulation on the use of certain type of blowers. Additional discussion took place on the proposed ordinance and the fact that it would allow use of these blowers during reasonable hours, but perhaps the use should be allowed on Saturdays within certain hours. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to INTRODUCE ORDINANCE NO. 222 - RESTRICTING THE USE OF LEAF BLOWERS WITHIN THE CITY TO BETWEEN 8:00 A.M. AND 5:00 P.M. MONDAY THROUGH FRIDAY AND 9:00 A.M. THROUGH 4:00 P.M. ON SATURDAYS, PROHIBITING THEIR USE ON SUNDAY AND NATIONAL HOLIDAYS and to amend it to include usage of the blowers on Saturday between the hours of 9:00 A.M. and 4:00 p.m., to include a clause that a violation of this ordinance would be an infraction, and that staff should contact the League of California Cities to find out about legisla- tion for restricting the use of certain types of blowers. The motion carried on a 4 -1 vote with Councilman Ryan voting in opposition. AUDIENCE QUESTIONS: Responding to the Mayor's call for items not on the agenda was Mary T. George, 6534 Madeline Cove Drive, who requested information regarding her rights to view protection because it was being obscured by a neighbors trees. The City Attorney responded that such view protection is addressed only by the CC &R' s of her Homeowners Association. He explained 700CP /MIN2.1 -8 - 4 - November 17, 1987 that the City cannot demand her neighbor to trim the trees. Discussion then ensued about whether it was trees or hedges that were blocking her view. If it were the latter then the City could request trimming. The matter concluded with the agreement that the Director of Environmental Services would contact Mrs, George to look into this matter further. ENCROACHMENT PERMIT N0. 5 - City Manager McDuffie presented the LOCATION: 6217 VIA SUBIDA November 17, 1987 staff report and (1804) the recommendation to receive and file the report and continue this appeal until a Title Report has been prepared and reported on by the City Attorney. Councilman McTaggart moved, seconded by Council Hinchliff e to adopt the staff recommendation. Motion carried. VIEW PRESERVATION INITIATIVE The City Attorney presented the (501) joint memorandum from himself and the Director of Environmental Services which contained an analysis of the potential problems with the proposed View Preservation Initiative. Containing the general provisions of the initiative, this report went on to say that the ordinance is vir- tually unworkable and is, at least in several respects, probably unconsti- tutional. Further, the ordinance will undoubtedly lead to substantial costly litigation. The report went on to list the reasons for those conclusions . Council then inquired about the definition of the word subcommunity, whether a copy of the City Attorney's analysis could be sent to homeowner presidents, and the prohibitions placed on the City with regard to their action in dealing with the proposed initiative. Additional discussion cen- tered around the cost and staffing requirements for the administration of this ordinance, and whether the Council Subcommittee could meet with the Rancho Palos Verdes Council of Homeowners to discuss this issue. The City Attorney then went on to describe the provision that requires signature of people within a 500 foot radius of proposed projects, the difficulty in getting those signatures and the fact that some evidence must be shown that at least a person tried to get signatures. Discussion then took place on the issue of how foliage which caused primary, secondary and tertiary view blockage would be handled. Concern was expressed about the issue of liabi- lity and compensation for landscaping that would be removed. Warren Sweetnam, 7 Top Rail Lane, told the Council that people were frustrated with the issue of view blockage from trees and felt that there was no recourse in addressing the matter. Council discussion then continued on the enforcement of the initiative and how the cutting of every tree could probably require a Court Order. The discussion concluded with the understanding that the Subcommittee would get in touch with the Council of Homeowners Association and request a meeting with them. 700CP /MIN2.1 -8 - 5 - November 17, 1987 LANDSLIDE MORATORIUM AMENDMENT AND ENVIRONMENTAL ASSESSMENT N0. 53 (1801) Environmental Assessment No. 536 and to Landslide Moratorium Ordinance* The City Manager presented the November 17, 1987 memorandum and the recommendation to approve a final negative declaration on introduce an ordinance amending the Discussion took place on the kind of plumbing that was proposed for this garage and the concern that it not be converted to living quarters. A brief discussion then ensued regarding the accommodation of major or minor plumbing fixtures in this garage. John Vanderlip, 99 Vanderlip Drive, explained how he would like to have the laundry facilities taken out of his house and put into the garage on a solid surface. It was the consensus that this item be returned to staff to include in the ordinance a provision permitting plumbing for laundry facilities and for minor fixtures only. CITY COUNCIL REPORTS: EARTHQUAKE PREPAREDNESS - Alluding to a pamphlet issued by the Edison Company regarding Earthquake Preparedness, Councilman Hinchliffe said that he would get in touch with the Edison Company representative to get a copy and explore the possibility of making it an insert in the City's Newsletter. Long Point - Mayor Hughes reported that the Monaghan Company would be holding a meeting at 7:30 P.M. on November 23, 1987 in St. Peters Church to discuss community concerns about the proposed project. City walkway - Calle de Suenos and Rue de la Pierre - Commenting on the condition of this walkway as a result of the recent rain, the Mayor requested that the Public Works Department perform some maintenance and clean-up work at the site. F.A.C.T. Committee ( 602) - Finance Director Smith reported on the action taken by the F.A.C.T. Committee at the November 16, 1987 meeting. He referred to the draft memorandum distributed just prior to the Council meeting which summarized the committee's recommendation to the Council: a) appoint a Sub - Committee to meet with the F.A.C.T. at their December 7, 1987 meeting; b) formally request the City Council to direct the City Attorney to submit sample ballots based on the F.A.C.T. recommendations to the City Council; c) request the Finance Department to prepare a five year budget projection for all expenses and revenues. 6 - 700CP /MIN2.1 -8 November 17, 1987 Franklyn Weiss, a member of the F.A.C.T. Committee said that he felt the committee was concerned about the time schedule and the things that had to be done prior to the election in June. He went on to say that the commit- tee was concerned about who would take the initiative on the drive to get the information out to the public about the proposed tax. Concurring with his comments was Robert McNulty, also a member of the F.A.C.T. Committee, who reiterated the concern ab out the timeline and the method and means of educating the public with regard to the tax election. During discussion, Mayor Hughes appointed Council members Bacharach and McTaggart to attend the December 7, 1987 F.A.C.T. meeting . It was the con- sensus that a work session should be held to discuss this issue at 6:00 P.M. prior to the next regular City Council meeting on December 1. At that meeting staff should be prepared to report on what efforts can be taken prior to January 1, 1988; moreover, the City Attorney should present a draft proposal giving some sense of what will be involved in such an elec- tion and how the proposed tax would be affected by off - setting revenues, how a sunset provision can be included in the measure and if different rates could be proposed to show the effects of the revenue. Additionally, it was requested that the Council be given a copy of a tax proposal pre- pared for the City of San Marino. Clean Air Act - Councilman McTaggart summarized the action that had been taken on this Act and the fact that it would do away with the equivalency factor and the effects this would have on the aircraft industry in pre- paration of component parts. It was the consensus that more information should be obtained regarding this Clean Air Act and its amendments and put on the next agenda so a letter can be prepared. Code Enforcement - Councilman McTaggart inquired about the speed with which the City can prosecute people who are violating the City Codes. In response, the Director of Environmental Services summarized the process that is currently followed in the City and how the process has now been shor- tened by at least two weeks. Discussion then centered on the training for the Code Enforcement Officer and the possibility that the position be given citation power. The suggestion was made that perhaps this issue could be discussed at the Sheriff's Breakfast. CIAC (Gross Up) - Referring to a letter received from the Edison Company regarding the PUC decision on the two -year exemption given to government agencies, Councilman Ryan inquired of the City Attorney whether or not this two -year "window" applies to cities. ITEMS REMOVED FROM THE CONSENT CALENDAR: Claim against the City ( 303) - Noting that the damage sustained in this claim was the result of tree trimming activities, Council requested that homeowners be notified that when trees are trimmed they have a tendency to bleed and that homeowners take appropriate precaution. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to adopt the staff recommendation and reject the claim and direct the City Clerk to notify the claimant. Claimant is F.R. Kyle. 7 - 700CP /MIN2.1 -8 November 17, 1987 Legislation (306) - With regard to the matter of Dimes Against Crimes it was the consensus not to have this petition at the reception area at City Hall. Councilwoman Bacharach moved, seconded by Mayor Hughes and carried to support all of the items of legislation which would include support for the Californians for local government initiative, the government spending limitation and accountability act, and support HR3250. Discussion then followed with regard to the proposed resolution for the freeway emergency proposal and how such a commission would be administered, the amount money that would be collected and how it would be spent. Mayor Hughes moved, seconded by Councilwoman Bacharach to adopt Resolution No. 87 -64 - SUPPORTING THE ESTABLISHMENT OF A SERVICE AUTHORITY FOR FREEWAY EMERGENCIES, The motion carried on a 4 -1 vote with Councilman Mc Taggart voting in opposition. DEVELOPER FEES ADJOURNMENT ATTEST: City Clerk At the request of Councilman Hinchlif f e , a brief discussion took place regarding the school developer fees and under what circumstances and in what cases they should be collected by the City for the schools. Since some confusion exists regarding whether these fees are collected for new facilities or for maintenance, it was unclear whether the Palos Verdes School District would be collecting these fees, At 12:26 PM the meeting adjourned until on 6:00 p.m. on December 1, 1987 motion of Councilman McTaggart and carried. - g - 700CP /MIN2.1 -8 November 17, 1987