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CC MINS 19940920M I N U T E S REGULAR MEETING RANCHO PALOS VERDES CITY COUNCIL SEPTEMBER 201 1994 The meeting was called to order at 7:00 P.M. by Mayor Kuykendall at the Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL ABSENT: NONE Also present were Assistant City Manager Pamela Antil, Planning Director Bret Bernard, Public Works Director Trent Pulliam, Finance Director Brent Mattingly, City Clerk Jo Purcell, Associate Planners Donna Jerex and Terry Silverman, Project Engineers Cathy Rosen and Michael Meyers, and City Attorney Carol Lynch. CEREMONIAL EVENT: (304) (1) Mayor Kuykendall presented a proclamation to Marlene Young on behalf of the Peninsula Education Foundation in recognition of that organization's fund raising activities to benefit the District's students. (2 ) Palos Verdes Amateur Radio Club representative Paul Weisz who was presented with a proclamation in recognition of the Club's outstanding work and community spirit. APPROVAL OF AGENDA: Councilman Byrd moved, seconded by Councilman McTaggart, to approve the agenda as amended. Motion carried. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine Road, spoke to several items on the consent calendar. After moving the item regarding the playground equipment at Eastview Park to be discussed later in the agenda, Councilwoman Brooks moved, seconded by Councilman McTaggart, to approve the Consent Calendar as follows: WAIVER OF FULL READING Adopted a motion waiving 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 the reading of the title. CLAIM AGAINST THE CITY BY JOSEPH BAER (301 x 303) Rejected the claim and directed the City Clerk to notify the claimant. CLAIM AGAINST THE CITY BY SUMITOK AMERICA (301 x 303) Rejected the claim and directed the City Clerk to notify the claimant. CLAIM AGAINST THE CITY BY RICHARD F. SOMERS (301 x 303) Rejected the claim and directed the City Clerk to notify the claimant. GENERAL PLAN - ANNUAL IMPLEMENTATION REPORT (701 x 1203) Directed staff to forward the City's annual report to the State Office of Planning and Research and to the Department of Housing & Community Development regarding the current status of the General Plan and the progress on its implementation, including progress towards meeting regional housing needs during the past calendar year (1993). RESOL. NO. 94 -80 - UP -DATE OF THE CITY'S CONFLICT OF INTEREST CODE (301 x 1202) ADOPTED RESOL, NO, 94 -80 ADOPTING A CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE STANDARD CONFLICT OF INTEREST CODE PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION AND REPEALING RESOLUTION NO, 86 -80. RESOL. NO. 94 -81 ANNUAL RECORDS DESTRUCTION (301) - ADOPTED RESOL. NO, 94 -81 AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. VIEW RESTORATION COMMISSION - VACATION OF POSITION (106 X 301 X 1806) Vacated the position held by Mr. Paul Scala on the View Restoration Commission because of a conflict with the City's policy of not having a person serve on an advisory board when there exists the potential for them to be involved in litigation with the City. RESOL. NO. 94 -82 REGISTER OF DEMANDS (602) ADOPTED RESOLUTION NO. 94 -82. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE ABSENT: NONE ABSTAIN: NONE OPEN SPACE SURVEY PRESENTATION - PENINSULA OPEN SPACE ADVISORY GROUP ( POSAG) (305) Former Rolling Hills Estates Councilman Ken Servis summarized the results of an opinion poll conducted by the Public Opinion Research firm of J. Moore Methods, Inc. This poll tested the public attitude towards the preservation of certain open space parcels as well as the willingness of the public to pay for the acquisition of those parcels. The specific parcels sought to be preserved by POSAG were the Butcher property in Rolling Hills Estates, the Portuguese Bend Property in Rancho Palos Verdes and the Forrestal Tract in Rancho Palos Verdes. Continuing with his summary of the June 5, 1994 report from POSAG, Mr. Servis said that a total of 600 Peninsula residents participated in the 20- minute telephone survey which inquired if Peninsula residents would support or oppose a parcel tax ranging from $25 to $100 per year for the next 20 years to purchase these parcels Of land. Support for this proposal ranged from 65% support for a $25 dollar tax; 50% support for a $50 tax; 33% support for a $75 tax; and, 30% support for a $100 tax. Concluding his report, Mr. Servis said a determination would have to be made about who and how the property would be purchased, the mechanism for financing and, lastly, a decision about whether to place this measure on the November 1995 City Council Minutes September 20, 1994 Page 2 or March 1996 ballot. Councilwoman Brooks moved, seconded by Councilman Byrd to receive and file POSAG's report. Motion carried. FINANCE ADVISORY COMMITTEE STATUS REPORT (602) Committee Chairman Peter Von Hagen reported on the Committee's activities since December 1993 and recounted the Committee's specific tasks: (1) make recommendations on the budget format with the goal of making the document more easily understood by the general public. Recognizing that the budget is technical in nature, the development of a "budget in brief" was assigned to the Committee. ( 2 ) Review and recommendation of priorities for the City's Capital Improvement Program. (3) Advise the Council on Economic Development matters such as methods to improve the business climate and how to better work with local business. (4) Advise the Council on methods to inform the public on financial matters and assist the City Council in providing public education when requested. Budget Review & Budget in Brief Document: The committee recommended no changes to the existing format and the committee consensus was that widespread distribution of this "budget in brief" would greatly facilitate citizen understanding of the City's functions and finances. Priorities for Capital Improvement Program: (1) The Five Year CIP Plan should be viewed as a component of a larger strategic plan and should support the goals for that plan; (2) Economic development is one area of the City's Strategic Planning and as such a portion of the Plan should address that area. (3) The longer term financial impacts of capital decisions should be examined with constructing new facilities. Economic Development: The Committee has just recently begun to address this issue and it is their intention to continue to study this area and to prepare a report to Council recommending goals to improve the City's economic base. The Council expressed appreciation to the Chairman for the Committee's work and said they look forward to working with the Committee on the matter of Economic Development. MILITARY BASE RE -USE REPORT (305 x 1101 x 1203) Planning Commissioner Barbara Ferraro summarized her findings at the Base Re -use Planning Strategies Conference held in San Diego this past July: much of the military housing in the Los Angeles area is located close to the Western Avenue business corridor in the neighboring community of San Pedro, Western Avenue is the City's major commercial base and if the now existing military payroll is replaced with a project which produces no income but requires additional community services, the effect on City revenues could be severe. The major purpose of the conference was to make those communities affected by base closures aware of the resources available to them through the university system in California: applied research, site planning, polling, community forums, establishment of community consensus, land use planning re- training of workers, strategic planning, data gathering, guidance through the federal bureaucracy, evaluation of existing homeless facilities and low income housing, and demographics. Continuing, Ms. Ferraro gave a status report on the Taper Avenue Navy Housing project: two - thirds of the property was declared to be unsuitable for homeless use. If given the opportunity, the Local Re -Use Committee has approved a senior citizen facility for that site. City Council Minutes September 20, 1994 Page 3 Ms. Ferraro thanked the Council for the opportunity to attend this worthwhile and informative conference. DEVELOPMENT CODE AMENDMENT NO. 39 - REBUILDING OF EXISTING NON - CONFORMING STRUCTURES (1801 x 1203 ) Mayor Kuykendall opened the public hearing on this request by the Ridgegate Homeowners Association that the City amend the Code to allow units to be rebuilt to their original condition in the event of a "major disaster." City Clerk Purcell reported that notice of this public hearing had been duly published and that no written protests had been received by the City. Associate Planner Donna Jerex presented the staff report of September 20 and the recommendation to adopt the proposed ordinance to modify Development Code Chapter 17.68 as recommended by the Planning Commission. Alan Pendley, 27920 Ridgecove Court, president of the Ridgegate Homeowners Association, presented a prepared statement which proposed that in the event of partial or complete destruction of one or more Ridgegate buildings that they be allowed to restore the building(s) to the existing condition. As it currently reads, the proposed Code amendment would prevent restoration in the event that more than 50% of a building is destroyed. Continuing with his statement, Mr. Pendley said that loans for purchase or refinance of units have been denied because of the existing code inasmuch as lenders recognize that their collateral is at risk. Based on these reasons, he presented specific wording for Section 17.68.060(B) of the Development Code. (Mr. Pendley's statement is on file with the City Clerk's Office.) There being no further public testimony, Mayor Kuykendall declared the public hearing closed. Council discussion focused on the need for people to be able rebuild their homes in the event of a catastrophe, if this amendment could be handled through a zone change, if this should apply in the case of arson and, confirmation of the fact that approving Mr. Pendley's suggestion was going beyond what.was recommended by the Planning Commission. Councilman McTaggart moved, seconded by Councilman Byrd that upon review by the City Attorney that Mr. Pendley's recommendation be sent to the Planning Commission for their consideration. Motion carried. ORDINANCE NO. 301 - PROHIBITING PUBLIC NUDITY (1206 x 1101 x 1103) Assistant City Manager Antil presented the staff report of September 20 and the recommendation to adopt Ordinance No. 301 of the City of Rancho Palos Verdes prohibiting nudity in public places and amending the Rancho Palos Verdes municipal code. Speaking in opposition to the adoption of this ordinance were the following individuals: Edward Lachman, 6528 Valmont Street, Tujunga; Bob Ciriello, 6545 Nancy Road, Rancho Palos Verdes, representing the American Civil Liberties Union; George Ogawa, 22947 Feldbar Avenue, Torrance; Tom Hmes, 4147 Maritime Road, Rancho Palos Verdes; Anthony Bressickello, 22921 Wade Avenue, Torrance; James Bates, 8421 Lookout Mountain, Los Angeles; Lois Larue, 3132 Barkentine Road, Rancho Palos Verdes; and, Armando Cardona, 28109 Highridge Road, Rancho Palos Verdes. RECESS & RECONVENE: The Mayor declared a recess at 8:30 P.M. The meeting reconvened at 8:38 P.M. City Council Minutes September 20, 1994 Page 4 AUDIENCE COMMENTS FOR ITEMS NOT ON THE AGENDA: Lois Larue, 3132 Barkentine Road, reported that she had indeed received the Redevelopment Agency's agenda in her September 6 agenda packet. Elizabeth Kelley, Vallon Drive, spoke to the Council about various matters and was called out of order by the Mayor. Public testimony of the ban on nudity continued with opposition being expressed by the following speakers: Jim Nester, 28109 Highridge Road, Rancho Palos Verdes; Olga Cruz, 3776 Cool Heights Drive, Rancho Palos Verdes; Ralph J. Ortolano, Jr. 3776 Coolheights; Jerry McKee, 2915 Graceland Way, Glendale; Larry Myers, 342 W. Jacaranda Place, Fullerton; Ed Lang, 700 Robinson Road, Topanga, representing the Naturist Society; Brude Palmer, 1900 E. Anaheim Street, Long Beach; Lloyd Olson, 16 Roadrunner Road; Bill Irion, 980 S. Euclid, Pasadena; Robert Larson, 3384 Scarboro Street, Los Angeles; Robert A. Carrasco, 2530 W. Lincoln, Anaheim, Richard Breunig, 5941 Nugget Circle, Huntington Beach; Charles Hershey, 13539 Wyandotte Street, Van Nuys; and, Reid Woodbury, 128 W. Maple Street, Glendale. These speakers cited the fact that many families use the beach, that nudity was not the cause of the lewd conduct taking place at the beach, that instead of imposing a ban the Council should enforce already existing laws to deal with the problem. Some speakers felt that this ban was taking away a personal freedom, that the beach was in such an- out -of -the way place that there was little or no unintentional contact with people not interested in nude sunbathing, and that this beach was very insignificant considering the length of California's coastline. The suggestion was made that signs be posted notifying people that the area was a nude beach and also warning them that nudity with lewd intent was prohibited. Others felt that the problem had been exaggerated and that self - policing by responsible beachgoers would be the best way to handle any misconduct. Speaking in favor of the ban were the following speakers: Helen Coffey, 6828 Vallon Drive; Ken Riedman, 3668 Cliffsite Drive; Mary Jane Bloomingdale; Karen Burns, 1404 Via Cataluna, Palos Verdes Estates; Dave Ruth, 40 Cinnamon Lane; and, Sue Kersey, 32315 Forrestal Drive. These speakers complained that the incidents of lewd behavior had become more noticeable since lifeguard service was discontinued at the beach two years ago, that the beach was constantly littered with trash, that permitting nudity discouraged the majority of people from using the beach, and that nudity on the beach was not a right but a revocable privilege. Council discussion clarified that the nude sunbathing was limited to Sacred Cove and that the illegal activity was taking place at the Portuguese Point bluff area. The suggestion was made that a six -month sunset clause be placed on the ordinance and that during that time the Recreation & Parks Committee study the matter in an effort to arrive at a long term solution. Councilwoman Lyon moved to add a six -month sunset clause to the ordinance. The motion died for lack of a second. Councilwoman Brooks moved, seconded by Councilman McTaggart to ADOPT ORDINANCE NO, 301 OF THE CITY OF RANCHO PALOS VERDES PROHIBITING NUDITY IN PUBLIC PLACES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. The motion carried on the following roll call vote: AYES: BYRD, MCTAGGART, BROOKS & MAYOR KUYKENDALL NOES: LYON City Council Minutes September 20, 1994 Page 5 RECESS & RECONVENE: At 9:42 P.M. Mayor Kuykendall declared a recess; at 9:50 p.m. the meeting reconvened. RESOL. NOS. 94 -83 & 94 -84 DALADIER DR. UNDERGROUNDING DISTRICT (901 x 1204) Project Engineer Cathy Rosen presented the staff report of September 20, 1994 and the recommendation to (1) ADOPT THE PROPOSED RESOLUTION WHICH DECLARED THE CITY COUNCIL'S INTENTION TO ORDER A SUPPLEMENTAL ASSESSMENT IN CONNECTION WITH RANCHO PALOS VERDES IMPROVEMENT DISTRICT NO. 5A, DALADIER DRIVE ET AL., PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913; AND, (2) ADOPT THE PROPOSED RESOLUTION WHICH (A) PROPOSED CERTAIN CHANGES IN CONNECTION WITH RANCHO PALOS VERDES IMPROVEMENT DISTRICT NO. 5A, (B) APPROVED THE ENGINEER'S REPORT IN CONNECTION WITH THE LEVY OF A SUPPLEMENTAL ASSESSMENT, AND (C) SET A TIME AND PLACE FOR A PUBLIC HEARING TO CONSIDER PROTESTS AGAINST THE SUPPLEMENTAL ASSESSMENT. Additionally, Ms. Rosen's report summarized the more technical aspects of this district: the plans and specifications for the proposed improvements, a description of property to be acquired, an estimate of additional costs, the assessment of additional costs, the method of apportionment of additional costs, maximum annual assessment for the cost of administrative expenses, and an assessment diagram. Speaking in favor of this district were the following residents: Don Swartz, 2038 Daladier Drive; Al Nakazawa, 2320 Daladier Drive; Elaine Shallenberger, 2214 Daladier Drive; Jacqueline Rocker, 2330 Daladier Drive; Margaret Schultz, 22 La Vista Verde; Lillian Witzerman, 2031 Daladier Drive; Frieda Sliskovich, 2041 Daladier Drive; Jerome and Zorica Sorkin, 27 La Vista Verde; and, Kathy Countryman, 33 Avenida Corona. These speakers questioned the accuracy of the increased costs outlined in the staff report, took exception to receiving an unsigned City letter about the costs of the District, cited the fact that this assessment will be returned to the homeowner if the home is sold, and that the overhead power lines are dangerous and unsightly whereas undergrounding will increase safety and beautify the neighborhood. (Mr. Swartz presented a written statement which is on file with the City Clerk's Office.) Speaking in opposition to the undergrounding were the following residents: Jere K. Morgan, 29 Avenida Corona and Lee McGee, 34 Avenida Corona. Their objections were based upon the majority protest which was over - ridden by the City Council and the amount of the assessment to the individual homeowners. (Mr. McGee presented a prepared statement which is on file with the City Clerk's Office.) Council discussion centered mostly on whether the increase in costs for this district were indeed realistic considering the low inflation rate of the past several years and the slump in the building industry. Representing the So. Cal. Edison Company was Scott Gobble, 505 Maple Avenue, who explained the work that will be done by the Edison Company: installation of the primary wires, connectors, transformers, appropriate switches, and the secondary system. He said that this work would require 2 -1/2 crews and would take four weeks to complete. A major part of the cost was for the high voltage wire. Additional Council discussion focused on the advantages of forming this district under either the 1911 or 1915 Act, the marketability of one type of bond over the other, and if the City should make a contribution from the environmental excise tax fund or the recycling fund in an effort to reduce the assessment. City Council Minutes September 20, 1994 Page 6 Councilman McTaggart moved, seconded by Councilman Byrd to adopt RESOL. NO. 94 -83 DECLARING THE CITY COUNCIL'S INTENTION TO ORDER A SUPPLEMENTAL ASSESSMENT IN CONNECTION WITH RANCHO PALOS VERDES IMPROVEMENT DISTRICT NO. 5A, DALADIER DRIVE ET AL., PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913. The motion carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE Councilman McTaggart moved, seconded by Councilman Byrd to ADOPT RESOL. NO. 94 -84 PROPOSING CERTAIN CHANGES IN CONNECTION WITH RANCHO PALOS VERDES IMPROVEMENT DISTRICT NO. 5A, DALADIER DRIVE, ET AL, APPROVING THE REPORT OF THE ENGINEER IN CONNECTION WITH THE LEVY OF A SUPPLEMENTAL ASSESSMENT, AND APPOINTING A TIME AND PLACE FOR HEARING PROTESTS. The motion carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE LANDSLIDE MORATORIUM EXCEPTION NO. 10 - WAYFARERS CHAPEL (1203 x 1801) Associate Planner Terry Silverman presented the staff report of September 20, 1994 and the recommendation to (1) Approve the landslide moratorium exception thereby allowing the landowner to proceed with applications seeking to demolish the existing dilapidated office and classroom facilities, construct a new single story office and visitor center building in an alternative location and allow grading- for construction of a new retaining wall and improvements to the existing amphitheater area at Wayfarers Chapel. (2) Deny the request to waive application fees associated with planning and building permits. Representing the Wayfarers Chapel was their architect, Dean Andrews, 1069 Upland Avenue, who said that the applicant would like to have the option of abandoning the present site and also to building a second story. It was their intention to use the same building materials that presently exist on the site. A brief Council discussion clarified that all geological questions would be addressed at the Planning Commission hearings. Lois Larue, 3136 Barkentine, spoke against building the facility in another location at the site. Councilman Byrd moved, seconded by Councilwoman Brooks to approve the request as submitted which would allow the Wayfarers Chapel to pursue an application for construction of either the single or two story alternative but denying the request to waive the fees. Motion carried. GENERAL PLAN AMENDMENT INITIATION FEE WAIVER REQUESTS (701 x 1203) Planning Administrator Petru presented the staff report of September 20 and the recommendation to initiate a General Plan amendment request on this legal. non- conforming property which was constructed prior to the incorporation of the City. The applicant in this matter, Juliana Ferguson, explained that she wanted to establish a dry cleaning drop-off and pick -up establishment which she felt would be a convenience for the residents of the area. She referred to the petition circulated in the neighborhood which supported her claim that this would be of service to the residents. Council concern for this amendment centered on not the use under consideration but other future commercial uses that might have a negative impact on this City Council Minutes September 20, 1994 Page 7 residential neighborhood. Mayor Kuykendall moved, seconded by Councilman Byrd to deny the general plan amendment request. The motion failed on the following roll call vote: AYES: BYRD & MAYOR KUYKENDALL NOES: McTAGGART, LYON & BROOKS Councilman McTaggart moved, seconded by Councilwoman Lyon to approve the general plan amendment but to deny the request for a fee waiver. The motion carried on the following roll call vote: AYES: McTAGGART, LYON & BROOKS NOES: BYRD & MAYOR KUYKENDALL PLAYGROUND EQUIPMENT AT EASTVIEW PARK (1201) Recreation & Parks Administrator Ron Rosenfeld presented the staff report of September 20 and the recommendation that Council direct the Recreation & Parks Committee to investigate and make a recommendation on the possible installation of playground equipment at Eastview Park. Councilwoman Lyon requested that staff look into what had happened with the old equipment and also find out if the homeowner association in that area wanted to make a contribution for this equipment through the Gifts to Parks program. Councilwoman Brooks moved, seconded by Councilman McTaggart to approve the staff recommendation. Motion carried. VIEW RESTORATION COMMISSION APPOINTMENT (106 x 301 x 1806) City Clerk Purcell presented the staff report of September 20 and the recommendation that the Council appoint a candidate to fill the vacancy on the View Restoration Commission for a term of office until December 1995. After the third round of voting ( see tally sheet attached as Exhibit "A"),, Alan Green was appointed to serve on the Commission until December 1995. Because of the lateness of the hour the following items were continued to the next meeting: one stop film permit, FY 1994 -95 budget amendment for recycling containers at bus and parks and for illumination at bus shelters, and Proposition 186 - State health care reform initiative. ADJOURNMENT: At 11 :45 P.M. the meeting was adjourned to Thursday, September 29 at 7:00 P.M. for a Town Hall meeting in Council Chambers at Hesse Park on motion made by Councilman McTaggart. MAYOR City Council Minutes September 20, 1994 Page 8 �C x H w H H i En �1: N- b �j rt 0 rt N N ft C� W N ft NO obn F'• N VRST.TLY (,J S1 6,tL_"e 1 COUCIL COUNCIL MEMBER MEMBER MCTAGGART LYON COUNCIL MEMBER BROOKS MAYOR KUYKENDALL TOTAL APPLICANTS VIEW RESTORATION COMMITTEE MAYOR PRO TEM BYRD BACHAR, JACQUELINE DODELL, MARTIN GREEN ALAN HUSTLER, CLARANCE MARSHALL, WALTER MENARDI JEAN —PAUL SCHODT, RONALD SCHWEBEL, WILLIAM STURM, JERRY VRST.TLY (,J S1 6,tL_"e 1