Loading...
CC MINS 19940315M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 15, 1994 The meeting of the Rancho Palos Verdes City Council was called to order at 7:00 P.M. by Mayor Steven T. Kuykendall at 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 AND MAYOR KUYKENDALL LATE ARRIVAL: BROOKS AT 8:05 P.M. Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, City Attorney Carol Lynch, City Clerk Jo Purcell, Planning Director Bret Bernard, Planning Administrator Carolynn Petru, Assistant Planner Fabio de Freitas, Associate Planner Terry Silverman, and Public Works Director Trent Pulliam. CEREMONIAL EVENTS (304) Mayor Kuykendall presented a Certificate of Recognition to Student of the Month Alex Soady who is a 7th grader at Miraleste Intermediate School. Alex was honored for his involvement in planning activities that promote school pride and for assisting with setting up the sound system for school assemblies. DIMENSION CABLE TELEVISION - INFORMATION HIGHWAY Steve Fowler, General Manager of Dimension summarized his company's activities in the installation of equipment to facilitate the "Information Super Highway." He explained how massive amounts of information can be transmitted to communities and the feeder systems necessary to install this information highway system. Dimension will begin installation of the system in the City on March 16. With the use of a graph he explained the timing and various milestones in this project and said that he anticipates completion of the network in Rancho Palos Verdes by the end of 1994. While this installation is underway, however, he explained that some roadwork and some interruption of customer service will be experienced; such interruptions will be kept to a minimum and customers will be notified in advance of any break in service. He said that roadwork will be coordinated with the Public Works Department. Responding to Council's inquiry, he said that no new equipment would be required by those customers who wish to stay with the same level of service. Council requested that Public Works report to them when resurfacing and other road work is anticipated. TRAFFIC SAFETY - SHERIFF'S DEPUTY SGT, THOMAS Sheriff's Deputy Sgt. Thomas of the Lomita Sheriff's Station presented a map which showed the location of accidents occurring in the city during 1993. Using this information, it is the goal of the Sheriff to increase patrolling in the areas which have a high rate of accidents and where hazardous driving is most likely to occur. Sgt. Thomas stated that hopefully this additional patrolling will result in safer driving by motorists. APPROVAL OF AGENDA Councilman Byrd moved, seconded by Councilman McTaggart to approve the agenda as presented. Motion carried. APPROVAL OF CONSENT CALENDAR The City Clerk announced that at the request of Councilwoman Lyon, the item regarding application for L. A. County trails acquisition and development grant program was removed from the Consent Calendar to be discussed later in the meeting. Lois Larue, 3136 Barkentine Road, spoke to several items on the Consent Calendar: requested that the City retain the affordable housing at Villa Capri; disagreed with Council's support of the Alameda Corridor; and, questioned the amount that A &H Developers had to contribute to the repair of Palos Verdes Drive South. Stating that this situation did not affect the sale of the unit listed on the agenda, Mayor Kuykendall stated that-relative to the affordable units, there was some equity question about the terms of their sale. He requested that the Villa Capri Housing Agreement be presented on a later agenda. Councilman Byrd moved, seconded by Councilman McTaggart to approve the Consent Calendar as follows: Adopted a motion to waive reading in full 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. ORD. NO. 297 DOOR TO DOOR SOLICITATION (202 X 1101) ADOPTED ORDINANCE NO. 297 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDE S REGARDING THE HOURS WHEN SOLICITATIONS MAY BE CONDUCTED AT PRIVATE PREMISES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. (THIS ORDINANCE WAS INTRODUCED AT THE MARCH 1 MEETING) MIRALESTE ELEMENTARY SCHOOL TENNIS COURTS (1201) Directed staff to prepare a letter for the Mayor's signature returning the responsibility for the Miraleste Elementary School tennis courts to the Palos Verdes Peninsula Unified School District. TRAFFIC ENGINEERING SERVICES - WESTON PRINGLE & ASSOC, INC. (1502 X 1204) (1) Awarded a contract for traffic engineering services to Weston Pringle & Associates, Inc. For $8,000. (2) Authorized the Mayor and City Clerk to execute said agreement. SALE OF VILLA CAPRI AFFORDABLE HOUSING UNIT - 28 VIA CAPRI (OWNER: IRENE ORDON) (701 X 602 X 1203) Accepted the option to purchase the unit located at 28 Via Capri and authorized staff to then assign the option to a qualified designee to purchase the property. PHASE ONE PATCHING PROGRAM: NOTICE OF COMPLETION - HARDY & HARPER (1204 X 1404) (1) Accepted Phase One work of the FY 93 -94 Street Patching Program as complete. (2) Authorized the Finance Director to release Phase One retention 35 days after the Notice of Completion has been recorded by the County Recorder. LEGISLATIVE ACTIVITY (306 X 1101) (1) Joined the League of California Cities in supporting the following City Council Minutes March 15, 1994 Page 2 legislation: AB 1406 (AYALA) which proposes to allow cities to regulate the concentration of community care facilities; SB 1477 ( BERGESON ) which proposes to allow cities greater control over establishing building occupancy limits; and, AB 2972 (AQUTAR) which proposes to enhance municipal liability protection. (2) Joined the League of California Cities in opposing AB 2544 (ISENBERG) which proposes to restructure the funding of the trial courts. ( 3 ) Authorized the Mayor to send a letter supporting the Alameda Corridor Transportation Authority in their request for Federal Surface Transportation funds. AWARD CONTRACT FOR PALOS VERDES DRIVE SOUTH MEDIAN LANDSCAPE IMPROVEMENTS BETWEEN LONG POINT AND BARKENTINE ROAD - EMERALD LANDSCAPE SERVICES (1204 X 1404) (1) Awarded the contract to Emerald Landscape Services for an amount not to exceed $165,496.25, plus authorized staff to spend an additional $8,300 for contingencies. ( 2 ) Authorized the Mayor and City Clerk to execute a contract with Emerald Landscape Services for the median improvements. RESOL. NO. 94 -13 - REGISTER OF DEMANDS Adopted RESOL. NO. 94 -13 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: BYRD, McTAGGART, LYON & MAYOR KUYKENDALL NOES: NONE ABSTAIN: McTAGGART ON THE SALE OF THE VILLA CAPRI AFFORDABLE HOUSING. ABSENT: BROOKS CLARIFICATION OF THE COUNCIL ACTION WITH REGARD TO HEIGHT VARIATION NO, 750 REVISION APPEAL FOR THE PROPERTY LOCATED AT 3558 BENDIGO DRIVE. (1203 x 1804) Assistant Planner DeFreitas presented the staff memorandum of March 15th and the following staff recommendations: (1) provide staff with clarification of the Council's January 10, 1994 action ; above (2) determine if the newly proposed plan for the above referenced project is consistent with the Council's January 10, 1994 action; and, ( 3 ) provide staff and the applicant with further direction. Beginning a lengthy summary of the lengthy background on this project Mr. de Freitas stated that it had been brought back to Council for clarification of previous direction, to determine the consistency of the current project with that direction, and for further and more specific direction. Prior to getting into the current proposal, however, he stated that staff would provide a history of the project because there had been continual questions and differing opinions about the City Council's direction. Height Variation No. 750 was administratively approved in September 1992 to allow a new second story level and deck over the house. This aspect of the project was never questioned by any of the parties involved. The applicant had also requested an expansion of the garage area and the conversion of the indirect access driveway /entrance to a direct access driveway /entrance. In that the City Council Minutes March 15, 1994 Page 3 garage had already encroached into the front yard setback, the applicant was advised that a variance would be required for the expansion and conversion. In March 1993, the Planning Commission adopted P.C. Resolution No. 93 -7 approving the applicant's variance request for the garage expansion and further encroachment into the front yard setback. All neighbors within 300 feet of the subject property were notified of the variance request and staff did not receive any comments on the proposal. The aspect of this project that caused the most controversy was the front elevation drawings for the variance which are depicted on circle page 36 of the agenda material. The front elevation drawing, which the commission approved, depicts the following: (1) a three car garage that would measure 331-611 in overall width, although it scaled to 32' -611. (2) Would measure 24' -0" in overall height, with a ridge spanning from the front of the garage to where it tied into the house. (3) Side walls that would measure 11' -0" to the bottom of the eaves, and loft space above that measured an additional 131-011 to the ridge. ( 4 ) A V-9"' recessed upper level (from the garage below). (5) One window on the front facade of the garage. And, (6) an asphalt composition shingle roof. In the course of construction almost an entire floor area atop the garage was erected along with an area between the garage and the main house to store mechanical and electrical equipment: Stop work orders were issued, and the City directed the applicant to either build to the approved plans or submit a revised height variation application. The applicant submitted a revision request to height variation no. 750 which depicted the following: (1) a three car garage, measuring 33f-61, in width. ( 2 ) An overall height of 24 feet with a ridge spanning from the front of the garage to where it tied into the house. ( 3 ) Side walls that would measure 8' -611, and an upper level that would measure 15' -6" to the ridge. (4) An upper level that would be recessed 5' -911. (5) Two windows on the upper level of the front elevation. And, ( 6 ) a Spanish clay tile roof. The revised project was approved by the Director in September 1993. The neighbors appealed this decision which was subsequently reviewed and the appeal was upheld by the Planning Commission in December 1993. It was the their opinion that the revised project was excessive in terms of overall height and mass. The Commission expressed concerns that the applicant was creating too much possible habitable space in the area atop the garage and that the exterior appearance of the project was not compatible with other homes in the area. Along with upholding the appeal, which overturned the City's approval of the project, the Commission directed the applicant to submit plans to rebuild the project to comply with the intent of the March 1993 variance plans. This decision was appealed by the owner to the Council in January 1994, at which time the Council upheld the Commission's decision to deny the revised project. The Council directed the applicant to reconstruct the project to the March 1993 variance plans, albeit without the benefit of reviewing the referenced variance plans since they were not made available. Staff was ready to proceed with the project when the applicant approached the City indicating that he could not follow the Council l' s directive since the garage foundation had been built two feet higher than was approved with the original (variance) plans. Without specific direction and recognizing the difficulties to the applicant and. the continued disruption and inconvenience to the neighbors in requiring the applicant to reconstruct the entire garage, staff offered the applicant three options each of which staff believed would accomplish Council's intent to maintain the relationship between the garage roof ridge with that of the house and the reduction of the overall bulk of the house. Mr. de Freitas said that it the Planning Department staff did not, on its own accord, make the decision or authorize the three options. The first option was to completely city council Minutes March 15, 1994 Page 4 demolish the garage,lower the grade by two additional feet and start from scratch. The second option involved lowering the height of the roof by simply adjusting the roof pitch. The third option included lowering the heights of the walls by two feet which would essentially drop the roof down the same distance without changing the pitch. The applicant chose the option that would: (1) maintain a three car garage that would be 33f-611 wide. ( 2 ) Measure 221-011 in overall height with a ridge spanning from the front of the garage to where it tied into the house. ( 3 ) Have side walls that would measure 8f-611 on the lower level and 13f-611 to the ridge on the upper level storage area. (4) Have a front facade of the upper level that would be recessed 21-911. ( 5 ) One window on the front facade of the garage. ( 6 ) And, a Spanish clay tile roof. All this would re- establish the visual relationship between the ridge over the main portion of the house to the ridge on the garage and reduce the massive appearance of the structure. The City approved this plan late last month. In choosing that option, the applicant later indicated that he did not realize that the entire ridge ( from the front facade to where it tied into the main portion of the house) would have to be lowered even though staff had specifically clarified on a number of occasions and most recently during a meeting with him. The applicant was unwilling to build to this most recently approved plan citing various hardships. A stop work order was again issued to allow the City and the applicant time to review a new set of plans that the applicant hoped might resolve all the issues. Unfortunately, the applicant allowed the upper level of the garage to be partially demolished and erected a partial structure which was before the Council for consideration. The applicant is now proposing to construct the upper level of the garage such that: (1) A three car garage that would measure 331-612 in overall width could be built. (2) The ridge over the garage to where it meets the utility room will be lowered to 22' -0" in height, and the keeping the ridge over the utility room unchanged, thus measuring 251-011 in height. The interior cavity of the space atop the garage would be constructed so that the ceiling height will measure 7' -411, which is below the uniform building code's minimum height for habitable space rooms. (3) Side walls on the upper level will be cut to 4' -9" and 4' -6 111. (4) It will be recessed 51-911 from the garage facade below. ( 5 ) There will be one window on the front facade of the garage. ( 6 ) And, it will have a Spanish clay tile roof* Several neighbors, including those previously opposed have indicated support for the latest proposal. Staff feels that this plan most accurately reflects the intent of the Council's previous action, which includes further limiting the use of the storage and utility areas. If the Council was still concerned that these areas may be converted, the City's Senior Building Inspector had determined that it would be possible to bring the 22' -0" ridge back further into the utility room. Applicant Earl Gantz, 3558 Bendigo Drive, referred to the letter from his neighbor Fred Keenan stating support for the structure as it currently stands. He then proceeded to summarized the activity that has taken place on this project since the January 10 Council meeting. He is now willing to lower the ridge three feet; he has dismantled the garage as directed; however their house and belongings are now exposed to the elements. He requested that Council approve these new plans because he is close to losing the refinancing loan and that he has had his home reappraised three times during this procedure. Speaking to this project were the following neighbors: James Gordon, 3538 Bendigo Drive, who distributed a letter listing what he felt were the problems with this project ( this list is on file with the City Clerk's Office). George W. Boss, 3519 City Council Minutes March 15, 1994 Page 5 Bendigo Drive, said he has a direct view of the project and has not found anything to be offensive; Cliff Van Wagner, 3559 Bendigo Drive, who lives directly across the street, said when the original plans were approved there was no room over the garage and that the present building was never envisioned by anybody; Elliott Apstein, 3525 Bendigo Drive, said he has a direct view of this house and does not find it offensive and that he had seen the new plans; James Allan, 3569 Bendigo Drive, lives across the street from the subject property, said he still interprets these plans as creating a second story; Lois Larue, 3136 Barkentine Road, referred to the letter from James Gordon, and disagreed with the remarks he made about Mr. deFreitas; Bob Easton, 3566 Bendigo Drive, stated he attended the meeting at City Hall and the plans seemed to satisfy the neighbors concerns, however they are confused about the process; and Suzie Tawa, 30705 Ganado, said she lives above the project and doesn't have any problems with the plan and would like to see it finished. (Councilwoman Brooks arrived at 8:05 P.M. during the latter part of the public testimony.) Clarifying Council's inquiry about the two feet differential in the garage floor height was Senior Building Inspector Tom Findley who explained his inspection of the site and how the elevation on the plans differed from the actual project site. Director Bernard again reviewed the development process for this project, highlighting and clarifying what aspects had and had not been permitted in the past. City Attorney Lynch opined that since new plans were just submitted and the neighbors had not had a chance to review them, and since Mr. Gantz was requesting the Council to approve something that has not been seen by the Planning Commission she felt the plans should go back to the Planning Commission for a full review, and that the hardship alluded to by Mr. Gantz was self - imposed. If Council wanted to approve previously approved plans that was okay but her concern was with the plans dust submitted. Councilwoman Brooks explained that she had been in attendance at the Taper Street House Conversion meeting held in the Eastvi.ew area of the City and consequently her late arrival at the meeting. As a result of that late arrival and missing the majority of the public testimony, however, she had been advised by the City Attorney that she would not be able to participate in discussion of this matter. Council discussion of this project centered on the following issues: that the garage should be one story; access to the storage should be through a pull down ladder in the garage; that it was never the intention to have a floor area above the garage; and, the potential for additional delays to the neighborhood in sending this back to the Planning Commission. In rebuttal, Mr. Gantz referred to a letter received from the City giving him certain options and he said he had tried to comply a certain one of those options. Councilman Byrd made the following motion: to drop the ridge line of the garage down to where the eaves of the roof meet the plate of the garage ( 4 ft o 6 ) so it looks like a one story garage, that the pitch of the roof and the utility room should remain as is, the garage should be lowered so that there will be no room above it; retain the use of the utility room, however, and consider a window in the utility room if desired (staff level approval of resubmitted plans) . All of these were modifications to the plans dated March 15, 1994 and keeping in mind that there was no plan which depicted the items named in the motion. Moveover, that this was as intended by the Council in their original approval of Variance No. 350 based upon plans dated March 23, 1993, Exhibit "B" as revised. The motion carried on a 4 - 0 - l vote with Councilwoman Brooks abstaining for the reasons outlined above. City Council Minutes March 15, 1994 Page 6 RECESS AND RECONVENE: At 8:35 P.M. the Mayor declared a recess. The meeting reconvened at 8: 50 P.M. Audience Comments for items NOT listed on the agenda: Lois Larue, 3136 Barkentine, spoke to several items. voiced her opinion about the newly installed voice mail at City Hall, stating that she thought it was a disaster; requested that the stop sign on the City Hall parking lot be removed; requested that the turnout on Hawthorne Boulevard be renamed Rancho Palos Verdes Turnout; requested that the flashing light at Vallon and Hawthorne be made brighter to improve its visibility on overcast days; and said that the "adopt -a- road" signs are visual pollution. KAJIMA DEVELOPMENT CORPORATION (TRACT NO. 46651) DRAINAGE REQUIREMENTS (1411 x 1204 x 1203) Public Works Director Pulliam presented the March 15 memorandum and the staff recommendations as follows: (1) Authorize the design of a series of timber and rail debris basins and use of a portion of the $1,000,000 offsite debris basin developer- required contribution funds to pay for this design. (2) Direct staff to have the supplemental environmental impact report processed for completion and certification to address modifications to the approved onsite grading plan and a county- approved offsite debris basin. ( 3 ) Authorize staff to prepare contract documents and obtain bids for construction of an offsite debris basin in two alternative configurations: a graded facility designed to county flood control standards; and, a series of timber and rail flood control structures. With the use of visual presentations depicting the appearance and construction details of a Detention Debris Basin, its location, the location of the debris basin and the potential area of flooding, Mr. Pulliam gave a lengthy background on the elements of this project. When the Kajima Tract was originally submitted for approval, the plans submitted by the project engineers provided that an on -site detention basin could be constructed to reduce drainage impacts caused by the construction. City review of the plans at that time indicated that this was possible. Although there was concern about the down stream impact of runoff, the project engineers demonstrated that the tract could be engineered with various onsite drainage control measures, including the onsite detention basin, so that the maximum peak runoff after development would not exceed that of the previously undeveloped property. Independent of the Kajima Development, knowing that there was existing down stream flooding potential that needed resolution, the City and the developer attempted to find a solution to this problem that could be accomplished as part of the.Kajima Development. The City's engineers had determined that the most appropriate way to solve the existing problem was to install a down stream debris basin. It was determined that the down stream debris basin could also handle the Kajima runoff, eliminating the need to build some (not all) of the onsite drainage facilities (including the onsite detention basin) proposed by the developer. Although the developers did not fully agree with the City's $1,000,000 estimate Of cost to build off -site drainage facilities to control downstream flooding, they finally agreed to the condition requiring them to contribute that amount to the debris basin, with a number of stipulations which the City incorporated in its project approval. The $1,000,000 figure was arrived at somewhat as a City Council Minutes March 15, 1994 Page 7 compromise. It was also thought that $1,000,000 would allow the construction of a debris basin that met County standards for acceptance into the County Flood Control system for maintenance. Continuing, Mr. Pulliam said that to date, no grading work has been done on the property and the Final Tract Map has not been filed. A Supplemental Environmental Impact Report to address onsite grading and debris basin issues was started but put on hold about one year ago in order to resolve the issue of whether to build the offsite debris basin or the onsite detention basin. Engineering design of the off site debris basin was completed by the developer and conceptually approved by the Los Angeles County Flood Control District; however, geotechnical investigations determined that a small localized landslide existed adjacent to the proposed debris basin. This landslide would have to be removed or otherwise stabilized before the County could accept the facility for maintenance. Kajima Development is now anxious to finalize the drainage issue in order to begin grading the development and has requested that the City advise them how to proceed in order to comply with conditions of approval concerning the drainage improvements. Director Pulliam said that the main issue to be determined is whether an offsite debris basin, or alternatively, an onsite detention basin should be constructed to comply with drainage conditions of approval for this development. It is estimated that the offsite debris basin, including stabilization of the landslide, could be $1,500,000 and would exceed the $1,000,000 funds required by the City from Kaj ima. However, the only. way to accurately determine the cost of the debris basin is to competitively bid the project. If the total cost of the facility exceeds the $1 million funds required from Kaj ima, there potentially would be no other funding source (other than the City) to pay for the added costs. Accordingly, in order to proceed with construction of the debris basin, a source of additional funds. must be identif ied. Due to topography adjacent to the drainage channel and existing developed property above and below the proposed site, there is no other location where the debris basin could be constructed to avoid the landslide. Mr. Pulliam pointed out that one of the project's conditions of approval requires the City to attempt to form an assessment district, which would encompass the entire drainage area contributing runoff to the debris basin, as a mechanism to distribute the pro -rata share of the cost of the facilities to the benefiting properties. If the attempt to form the district fails, Kaj ima would then have to pay the entire cost of the debris basin up to the $1 million limit. There would actually be two districts formed: one to construct the facilities and another for maintenance of the facilities, The requirement to form an assessment district was contingent upon the City being able to acquire the necessary land or easements_ to facilitate access and construction of the debris basin. Although the City anticipates cooperation from the land owners in obtaining easements for construction of the debris basin, the City also has the ability to acquire land through the right of eminent domain so the only issue is how much the land or easements will cost. The City must pay any land acquisition and formation costs. However, these costs could be included in the assessment district if it were formed. Unless the Council was willing to override a potential majority protest of existing developed properties, it is unlikely that assessment districts could be successfully formed which include the already developed areas. The added complication of attempting to include properties located in the City of Rolling Hills Estates further reduces the chances of successfully forming the districts. City Council Minutes March 15, 1994 Page 8 Although the conditions of approval for Kajima require the City to attempt to form an assessment district including all upstream properties which would benefit from a debris basin, it is unlikely that the only potentially successful assessment district would include undeveloped properties. Since Kajima Development, Hon, and Monaghan are the only remaining undeveloped properties they would have to bear the cost of an assessment district should one be formed. The benefiting portion of the Monaghan property is in very steep terrain more suited to open space and most likely would never be approved for development. Similarly, the benefiting portion of the Hon property has very steep and environmentally sensitive topography. It is uncertain whether the Hon property could ever be developed from an. economic or environmental perspective. Accordingly, it is unlikely that Kajima would wish to pursue formation of assessment districts which include only these undeveloped properties. If it is successful in acquiring the land or easements, the City is only obligated to attempt to form an assessment district(s). It is unknown at this time what the land or easements might cost. Therefore, the best way to determine these costs is to enter negotiations with the property owners. The estimated cost to form one or more districts is about $30,000. If the districts fail, these costs would have to be absorbed by the City. Concluding his report, Mr. Pulliam 'said that the City should bid the County approved debris basin and enter negotiations with the property owners where easements are required in order to determine the costs for the debris basin and land acquisition. Any attempt to form an assessment district or otherwise change the conditions of approval should be delayed until these costs are better identified. The Supplemental Environmental Impact Report for the debris basin, including an alternative for timber and rail construction, and additional ons ite grading considerations should be completed and certified without further delay. This matter should be brought back to Council for further deliberations when the costs have been better defined through the above process. If Council subsequently decided to proceed.with a timber and rail project there would be some additional environmental work required. Council discussion covered such concerns as: the fact that 42% of the drainage area for this project was within the City of Rolling Hills Estates; the existence of the local landslide was not known at the time the development was approved; $1M was a negotiated figure that the staff estimated that the developer could save if an off -site debris basin was constructed as opposed to an onsite detention basin; the developer could mitigate their drainage problems on site; and clarification of staff ' s request to go to bid on two different structures, Charles Abbott of Charles Abbott & Associates, responding to Council's question regarding the shear key installation as depicted on a cross - section drawing of the debris basin, clarif ied some of the structure' s construction features and the trade offs in building a timber structure versus one built from concrete. He also recounted some of the flooding incidents that occurred in the Seacove area. He recommended construction of the timber and rail structure as an alternative to the County approved debris basin. Bruce Froehlich, Director of Residential Development for Kajima, summarized the approval process that his company experienced for this project as detailed in his letter of December 9, 1993 to the City. He stated his dif ference with staf f ' s reference to the $1M as a contribution; to the contrary, he called it an advance and that they should be reimbursed through either a reimbursement agreement or an assessment district. He said that Kajima would agree to contribute to studies for the timber structure, however they wanted assurance that it satisfied Condition 6 G (a) of Resolution No. 91 -74. Lastly, he stated that his company was City Council Minutes March 15, 1994 Page 9 anxious to get this project off dead center. City Attorney Lynch rebutted that there was never any guarantee at the time of negotiations that Kajima would.receive any reimbursement of the $1 million. Representing Southern California Edison was Scott Gobble, 505 Maple Avenue, Torrance, who said that their property is a substation directly below the debris basin and that ten years ago Edison spent $10,000 to install drainage improvements. He objected to the inclusion of the Edison facility in any assessment district that might be formed. Lois Larue, 3136 Barkentine Road, objected to the staff report, summarized the history of natural disasters that have affected this area and said that the timber debris basins in Barkentine Canyon which were installed in. 1973 are still in good shape. The engineer on this project, Allan Rigg, a registered civil engineer, described the function and structure of the debris and retention basins and the options available. Additional Council discussion and inquiries centered on the following elements of the project: the level of storm which this design capable of handling; the additional costs involved in installing a County approved structure which would, however, eliminate the on -going maintenance problem inherent in a timber and rail structure; and, finally if it was best to construct it to County standard and discuss the additional costs of the project during the budget process. After discussion of the costs involved in approving Alternative No. 3 as outlined in the staff report and the impact this sizable expenditure would have on the overall budget for capital projects, Mayor Kuykendall moved, seconded by Councilman McTaggart to direct staff to bid the County approved debris basin only, bring back a report outlining the cost of this project along with a report on the amount of funds available next year for the capital program. Upon receipt of this information Council could then make a decision on this matter. The motion carried on the following roll call vote: AYES: BYRD, BROOKS, LYON, MCTAGGART & MAYOR KUYKENDALL NOES: NONE CITY COUNCIL TEAM BUILDING SESSION (306.x 1101) Assistant City Manager Antil presented the memorandum of March 15 and the ad hoc team building subcommittee's (Lyon and McTaggart) recommendation to retain Mr. Len Wood to conduct the City Council team building session on April 16 - 17, 1994. Mayor Kuykendall moved, seconded by Councilwoman Lyon to adopt the subcommittee's recommendation. The motion carried on the following roll call vote: AYES: BYRD, BROOKS, LYON, MCTAGGART & MAYOR KUYKENDALL NOES: NONE CALIFORNIA PARKS AND WILDLIFE BOND ACT OF 1994 (1201 x 1101) Assistant City Manager Antil presented the memorandum of March 15th and the staff recommendation that if Council wished to support this bond measure, then they should authorize the Mayor to send a letter supporting the California Parks and Wildlife Bond Act of 1994 initiative with the addition that this was on the City Council Minutes March 15, 1994 Page 10 agenda because some members of Council may have disagreement with this act. Lois Larue, 3136 Barkentine Rd., said that all of the environmental groups support this bond act. Council discussion of the matter centered on the reduction in State revenue that passage of the bond act would result in and that would reduce the revenue to local government. Councilwoman Lyon moved, seconded by Councilwoman Brooks to not support this bond act initiative. Motion carried. SLURRY SEAL OF SEACLIFF HILLS (1204 x 1404 x 1408) City Manager presented the memorandum of March 15th and the staff recommendations as follows: (1) Reaffirm the inclusion of the Seaclif f Hills streets in the current slurry seal contract; and (2). direct staff on any changes the Council may wish to make to Resol. No. 90 -93 Which establishes procedures for vacation of right -of -way and easements. With regard to the recommendation relative to the street vacation policy, City Manager Bussey reported that those procedures were set up prior to requests for full communities to be closed off, that staff had ideas about improvements that could be made to the policy and requested that this matter be referred back to staff for preparation of an amendment. Lois Larue, 3136 Barkentine Rd., said that these streets did not need slurry seal, however, Barkentine did. Councilman McTaggart moved, seconded by Councilwoman Lyon to reaffirm the inclusion of the Seaclif f Hills streets in the current slurry seal contract with the amendment that if the vacation of the streets occur that the cost of the slurry sealing be amortized and that the City be reimbursed one - seventh of the cost for each remaining year in the seven year cycle upon privatization; and that staff be directed to prepare a list of suggested changes to Resol. No. 90 -93 and present for adoption at a future meeting. Motion carried. L. A. COUNTY REGIONAL PARK & OPEN SPACE DISTRICT - TRAILS ACQUISITION & DEVELOPMENT COMPETITIVE GRANT PROGRAM (1201 X 1203) Associate Planner Terry Silverman presented the staff memorandum of March 15 and the recommendation to adopt the following resolutions: RESOL NO. 94- APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT TRAIL ACQUISITION AND DEVELOPMENT COMPETITIVE GRANT PROGRAM TO PROVIDE PEDESTRIAN ORIENTED SIGNAGE FOR EXISTING DEDICATED TRAILS; RESOL. NO, 94- APPROVING THE SUBMITTAL OF AN APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT TRAIL ACQUISITION AND DEVELOPMENT COMPETITIVE GRANT PROGRAM TO CONSTRUCT AND DEVELOP CATEGORY 3 TRAILS OR TRAIL SEGMENTS LOCATED ON EXISTING TRAIL EASEMENTS WHICH HAVE NOT YET BEEN IMPLEMENTED OR IMPROVED, AS DESCRIBED IN THE CITY'S CONCEPTUAL TRAILS PLAN; RESOL, NO, 94- APPROVING THE SUBMITTAL OF AN APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT TRAIL ACQUISITION AND DEVELOPMENT COMPETITIVE GRANT PROGRAM TO IMPROVE EXISTING DEDICATED CATEGORY 1 TRAILS, AS DESCRIBED IN THE CITY'S CONCEPTUAL TRAILS PLAN, WHICH HAVE DETERIORATED; AND, RESOL. NO. 94- APPROVING THE SUBMITTAL OF AN APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT TRAIL ACQUISITION AND DEVELOPMENT COMPETITIVE GRANT PROGRAM TO ACQUIRE CATEGORY 2 TRAIL EASEMENTS WHICH CROSS PRIVATELY OWNED LAND, AS DESCRIBED IN THE CITY'S City Council Minutes March 15, 1994 Page 11 CONCEPTUAL TRAILS PLAN; (2) CONFIRM STAFF'S RECOMMENDED PRIORITIZATION OF THE TYPES OF PROJECTS ELIGIBLE FOR THIS FUNDING; AND ( 3 ) DIRECT STAFF TO SUBMIT SAID APPLICATIONS AS DEEMED APPROPRIATE. After Council discussion of whether there was a deadline for submittal of this application and if this was an item that should be discussed during the budget process, Councilwoman Lyon moved, seconded by Councilwoman Brooks, to defer further discussion of this matter until the budget discussions; that staff should determine what trails and existing City parks and facilities would be eligible for using this grant money for compliance with ADA requirements; however, no general fund money should be used. -Motion carried. CITY COUNCIL REPORTS: TAPER AVENUE HOUSING PROJECT - RE -USE PROPOSAL (SAN PEDRO) (305 x 1101) Mayor Kuykendall presented the memorandum of March 15 and recommendation to oppose the '•homeless center" re -use proposal for the Navy's Taper Avenue housing project; and, direct the Mayor and staff to take any appropriate actions necessary to carry out this opposition. Kuykendall reported on his attendance at the Taper Avenue Housing Project meeting which was held on March 9, 1994 and denounced the lack of notification to local government by the Federal government. He then referred to the March 11, 1994 letters sent to Councilman Rudy Svorinich of the City of Los Angeles, 15th District and to Congresswoman Jane Harman in which he addressed the concerns regarding the proposal to use this surplus Navy housing as a homeless and drug rehabilitation center. Councilwoman Brooks then reported on her attendance at the Town Meeting held at Dodson Middle School at which approximately a thousand people attended, all of whom voiced their concern about this project. She said that she reported the City Council 1 s concern about this proposed project and told them that this was an item of discussion of the agenda. She said that those in attendance at the Dodson School meeting were appreciative of the interest shown by the City Council. Council concerns about this issue centered on the Turner organization's lack of experience with such projects, the uncertainty of their funding and the lack of notification to the surrounding community about this conversion. It was the consensus of Council to oppose this project and directed the mayor to send a letter to the following parties: Congressional representatives Harmon, Horn & Tucker, Secretary of the Navy, U. S. Senators Boxer and Feinstein, Councilman Rudy Svorinich and the Re -Use Committee. Said letter should state our objections to this conversion, focus on. the Turner track record, lack of notification to the City and lack of analysis of this conversion and the impact on surrounding neighborhoods. Additionally, Council felt that homeowner associations should be encouraged to start letter writing and a petition campaign and suggested that they call congressional representatives. Staff was also directed to place on the Reader Board information on how representatives can be contacted. Speaking in opposition to this project was Carol McKinniss, 3274 Crownview Drive, who stated her concern about the impact this would have on her family, particularly insofar as safety was concerned. Walt Yeager, 27803 Montereina Drive, said he lives very close to this proposed project and stated his opposition to it and said he was glad that the Council had become involved. He suggested that some thought be given to finding another use City Council Minutes ,March 15, 1994 Page 12 for the property. John Beringer, 3412 Seaglen Drive, representing the Rancho Palos Verdes Homeowners Council said that this was a topic on their February 24 agenda and that the president of their organization sent out a letter to their members about the disposal process and the McKinney Act. They have requested that their members call Congressional Representative Jane Harmon; they are also working with the San Pedro Homeowners Coalition on this matter. Staff suggested the use of the City's Washington D.C. lobbyist in this effort, the cost of which would be approximately $2,000o Councilman McTaggart so moved, seconded by Councilman Byrd. The motion carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS AND MAYOR KUYKENDALL. NOES: NONE SOUTH BAY CRIME SUMMIT (305 x 1206 x 1101) Mayor Kuykendall presented the memorandum of March 15 and requested that Council support participation in the development of a South Bay Crime Summit within the next 30 day period. He then explained how he had been in contact with several mayors in the area and had received their support in holding such an event. It was the consensus of Council to support the Mayor's and the City's participation in this event and the suggestion was made that the Neighborhood Watch organization should be invited to attend. ZIP CODE REVISION (601 x 1101) Mayor Pro Tem Byrd presented his memorandum of March 15 and the recommendation to authorize the Mayor to send a letter to the regional post office in Long Beach requesting that Rancho Palos Verdes keep the 90274 zip code. He then reported on his meeting with representatives from the Post Office and his efforts to dissuade them from changing the City's zip code but instead change the code of the surrounding smaller communities. He continued, however, that this was Post Office policy. Nonetheless, he moved that the City send a letter to the Post Office telling them that we wanted to retain the 90274 number. The motion was seconded by Councilman McTaggart. Motion carried. Carol McKinniss, 3274 Crownview Drive, related her experience at a Neighborhood Watch meeting where the consensus was that nobody wanted to change their zip code. Walt Yeager, 27803 Montereina Drive; who has a 90732 zip code, said that even though 90275 may not be the preferred zip code, the City having one code would end the confusion that has existed for over ten years and would identify the Eastview area with the City. John Beringer, 3412 Seaglen Drive, stated his organization's opposition to this change and presented a letter from the Mediterrania Homeowners Association also expressing opposition. CITY COUNCIL VERBAL REPORTS: Palos Verdes Transit Funding - Kuykendall requested that the matter of the Palos Verdes Transit Authority budget shortfall be put on the next agenda. He briefly reported that there has been a decrease in the grants that PV Transit depends on and it has not yet been determined whether to use any Prop "A" funds. City Council Minutes March 15, 1994 Page 13 ADJOURNMENT: At 11:37 Councilman Byrd moved adjournment to a budget work shop to be held at Hesse Park on Tuesday, March 29 at 7:00 P.M. with a scheduled adjournment at 10:00 P.M. ATTEST: CI CLERK A:31594cca march 15 94 cc mins MAYOR City Council Minutes March 15, 1994 Page 14