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CC MINS 19930406M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL 6, 1993 The meeting of the City Council was called to order by Mayor Brooks at 6:00 P.M. at Hesse Park Community Center, 29301 Hawthorne Boulevard and was immediately recessed to a closed session The regular meeting of the City Council was called to order at 7:00 P.M. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: KUYKENDALL, McTAGGART, BACHARACH AND MAYOR BROOKS ABSENT: NONE Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, City Attorney Carol Lynch, Acting Environmental Services Director Carolynn Petru, Public Works Director Trent Pulliam, Assistant Public Works Director Kevin Smith, and City Clerk Jo Purcell. CEREMONIAL MATTER: (304) Mayor Brooks presented a Certificate of Recognition for Citizen of the Month to Farren T. "Slim" Koehler in recognition of his community efforts among which were organizing a Homeowners Watch, initiation of negotiations for tree trimming, and formation of crews to clean up the neighborhood after a mini - tornado. In response to public inquiry, Mayor Brooks announced that in the event of riots resulting from the second Rodney King trial in Los Angeles, that the Sheriff's department has devised a plan for mutual aid from the various police agencies including the California Highway Patrol and the National Guard. CLOSED SESSION: City Attorney Lynch reported that the City Council had held a closed session and discussed the case of DML Propeties v. the City and Vincent Yen vs. the City. APPROVAL OF AGENDA: The agenda was approved on motion of Councilwoman Bacharach, seconded by Councilman McTaggart. Motion carried. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine, spoke to the issue of Public Works Reorganization and inquired of the amount of funding that the City would get from FAU. Two items were removed from the Consent Calendar: Legislative Activities and Speed Limit Resolution. The remainder of the Calendar was approved as follows on motion of Councilwoman Bacharach, seconded by Councilman McTaggart. Adopted a motion to waive full reading 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. MINUTES Approved the minutes of March 2 and 16, 1993. BID OVERLAY ON VARIOUS CITY STREETS WITHIN THE CITY (1404) Authorized staff to solicit bids for the overlay of various City streets. RESOLUTION NO. 93 -28 - REGISTER OF DEMANDS Adopted RESOLUTION NO. 93 -28 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. RESOLUTION N0, 93 -29 PUBLIC WORKS DEPARTMENT REORGANIZATION (ASSOCIATE ENGINEER) (1202 X 1204) Authorized the Public Works Director to recruit and hire an Associate Engineer, Salary Grade 53 ($3,649 to $4,546 per month, $43,788 to $54,552 per year), for the Public Works Department. Adopted Resolution No. 93 -29 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 91 -35 ADOPTING CERTAIN SALARY RANGES FOR FULL -TIME EMPLOYEES. REVISION TO AGREEMENT WITH MTA FOR FAU FUNDS FOR FAU PALOS VERDES DRIVE SOUTH RECONSTRUCTION (1404 X 1505) Directed staff to revise the existing agreement for the exchange of Federal Aid to Urban ( FAU ) Funds for combined Road Project (CRP) in a form acceptable to the City Attorney and authorize the Mayor and City Clerk to execute the agreement. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: KUYKENDALL, McTAGGART, BACHARACH, & MAYOR BROOKS NOES: NONE PUBLIC HEARINGS: SALVATION ARMY C.U.P. N09 92 (1804) Acting Environmental Services Director Carolynn Petru presented the staff memorandum of April 6th and the recommendation to continue the public hearing to April 20, 1993 to allow sufficient time for the Salvation Army to complete the visual analysis for the proposed Education /Conference Center (ECC). Councilman McTaggart moved, seconded by Councilwoman Bacharach to continue the public hearing to April 20, 1993. Motion carried. GOLF COURSE TAX (1501) Assistant City Manager Antil presented the staff memorandum of April 6th and the recommendation to introduce an ordinance establishing a golf tax in the City. City Attorney Lynch summarized the revisions to this ordinance which dealt mainly with the section pertaining to the appeals procedure and clarification of the term "tax collector." Council discussion of the proposed ordinance centered on clarification of the term "operator; " how payment of tax would be enforced if somebody refused to pay it; that the ordinance allowed for someone to go to city hall and pay the tax; and, the practicality of such an arrangement. Speaking against implementation of this tax were the following individuals: CITY COUNCIL MINUTES APRIL 6, 1993 PAGE 2 Robert Jaramillo, 6855 Los Verdes Dr; Andrew Burich, P. 0. Box 6445, Rancho Palos Verdes; Don Crane, 30653 Rue Valois; Daniel Binder, 3004 Via Borica; Lois Larue, 3136 Barkentine; and Elizabeth Kelley, 6611 Vallon Drive. Comments centered on support for the County's opinion questioning the legality of this tax on a publicly owned course; and, that a general city -wide tax would be more acceptable. At 7:45 P.M. the Mayor declared a recess. The meeting reconvened at 7:47 P.M. Council discussion continued and centered on the following: the number of protest letters received in relation to the number of residents in the city, that this golf course was a City resource and as such was also a source of income which would diversify the City's revenue, whether it would be best to hold off on adoption until the complete budget picture is known, and if an ordinance imposing a tax on golf carts and other services should be considered for privately -owned golf courses and a different ordinance imposing only a green tax fee on publicly - owned courses. Councilman McTaggart moved, seconded by Councilwoman Bacharach to continue the public hearing until the budget work session scheduled for Saturday, May 1. Motion carried. TRACT NO.. 40640 - 11 MARGUERITE DRIVE (1411) Acting Environmental Director Carolynn Petru presented the staff memorandum of April 6th and the recommendation to approve an amendment to Condition No. 42 of Tract No. 40640, thereby increasing the maximum ridge height for Lot No. 1 from elevation 213.0' to 223-0",, which is twelve feet (121'-011) above the highest point of existing grade that can be covered by a structure. (At 8:11 P.M. Councilman McTaggart left the meeting, returning at 8:12 P.M.) Dr. William Sullivan, 2976 Via Alvarado, Palos Verdes Estates, speaking for himself and two neighbors, objected to raising the ridgeline of the house to 12 ft., said that his home looked over these lots, that they have been concerned about the effects that building on these lots might have on his view and he felt that consideration for protection of his view was a matter of being a good neighbor. Tim Burrell, attorney for the applicants, 57 Marguerite Drive, gave a summary of the original configuration of this lot, the features of the buildable area, how other lots were acquired to make it more_ amenable for building, and how the lot in question differed from the remainder of the lots in the area. He described the effects on Dr. Sullivan's view if a house was to be built on an adjacent lot in Palos Verdes Estates. He requested that the Council grant standard zoning. E. H. Cavecchi, 3037 Palos Verdes Drive West, Palos Verdes, Estates, posed several questions regarding the proposed house: its location on the lot; whether a grading permit had been taken out for the project; if fill was being spread on certain lots in the area; and, the maximum lot coverage for this lot. Staff responded that the home would have to be built 25 ft. from the top of the bluff, that the elevation of the lot would not be changed because of the imported fill, and clarified that there was no lot coverage limitation on that tract. Betsey Kelley, 6611 Vallon Drive, objected to view blockage. In rebuttal, Dr. Sullivan said that there was a one story house in the neighborhood and that even though his house is two stories, it does not block any neighbor's view. CITY COUNCIL MINUTES APRIL 61 1993 PAGE 3 Councilman Kuykendall moved, seconded by Councilwoman Bacharach to close the public hearing. Motion carried. Council then inquired if this lot would require excessive grading, and if there would be an appreciable dif ference between 10 and 12 ft , insofar as view blockage for the homes in Palos Verdes Estates was concerned. Councilman Kuykendall moved, seconded by Councilwoman Bacharach to adopt the staff recommendation except that the maximum ridge height for this lot be at 10 ft; additionally, that staff prepare a recommendation for the footprint and lot coverage. RECESS & RECONVENE: At 9:00 p.m. the Mayor declared a recess. At 9:07 p.m. the meeting reconvened. REGULAR BUSINESS: IMPROVEMENT DISTRICT N09 7 (SEACOVE DRIVE, ET. AL.) (901) Public Works Director Pulliam presented the staff memorandum of April 6th and the recommendation to abandon Improvement District No. 7 and not initiate new proceedings. Speaking in favor of the undergrounding was Brian Conroy, 24 Seacove Drive, who said that undergrounding would enhance the neighborhood, that he would like to find out the cost and get the majority opinion from the neighbors, and that they would like more information regarding this district. Robert Haase, 20 Seacove Drive, said it would be inappropriate for the City to abandon the district because the majority of the neighborhood residents were in favor of it, that he would like the opportunity to meet with staff and whoever else is necessary; that this will increase the asthetics and the property value, and suggested that the costs for the district be analyzed. Rudy Maus, 420 Mesa Road, Santa Monica, spoke against the district. Council then suggested a workshop involving the residents of the proposed district to determine the level of interest that prevails and that notification be sent to the residents telling them about the option of forming this district under the 1913 Act instead of the 1911 Act as currently arranged. Scott Gobble, So. Calif. Edison, spoke to the Edison Co.'s costs which he said included, among other things, increased material costs and the Cable TV costs. Councilwoman Bacharach moved, seconded by Councilman Kuykendall to direct staff to mail notices to residents announcing the City's intention to abandon the district and requesting the residents to participate in a community meeting with staff to discuss the formation of this district under the 1913 Act, and that staff report back to Council with the outcome of that meeting. Motion carried. GENERAL PLAN AMENDMENT INITIATION REQUEST - VACANT LOT LOCATED WEST OF HAWTHORNE BOULEVARD BETWEEN LOCKLENNA LANE AND OCEAN CREST DRIVE. (701 x 1410) Citing his conflict of interest with this matter because of the close proximity of his home to the project site, Councilman Kuykendall excused himself from the discussion of this matter. Acting Environmental Services Director Petru presented the staff memorandum of April 6th and the recommendation to deny the General Plan Amendment Initiation CITY COUNCIL MINUTES APRIL 6, 1993 PAGE 4 Request to change the land use designation on a 13.63 acre vacant parcel from very low density residential and hazard to high density residential. Responding to Council's inquiry, City Attorney Lynch opined that changing the General Plan policy was at the total discretion of the City. Steven Taylor, 433 Via La Selva, owner of the property, requested a continuance and a prescreening workshop on this project. He said that the owners of the property are considering making a considerable contribution, that it was most appropriate to have prescreening workshop so City Council could hear proposal, that considering the sensitivity of the project, he would like the opportunity to meet with the speakers, that this prescreening workshop would give him the opportunity to put the issues on the table, that he is concerned with certain issues and so is the City, that he would rather deal with it that way, and was requesting a continuance to May 4. He said that the critical issues are the housing element, dirt composition, and the design proposal for the project as they see it, that there would be benefits to the City, that the project area is a high density area, that the project would not affect the surrounding neighbors, that the remedial grading will be handled on the property, that there were far too many issues to deal with and that is why he would like it to put off until May 4. Council inquired if this was the same project that had been taken to the State Housing and Community Development prior to presentation to the City Council. Staff responded that a letter to HCD and their response were attached to the supplemental staff report. Mayor Brooks inquired if this was the same project presented to former Councilman Robert Ryan, Planning Commissioner Robert Katherman and herself in the fall of last year. Jim Moore, 6810 Locklenna Lane, that he wanted to continue the General Plan as it stands, that he saw the fill that went into this area, that it is zoned as hazard because it was a general dump, that he had seen boulders the size of "VW's" dumped in the area and that several of them would require drilling and explosives to break them down. Michael Nichols, Lanco Engineering, representing the owners of property, Steven Taylor and retired Judge Tom Thompson, requested continuance and a prescreening workshop. Chuck McCormick, 6542 Ocean Crest Drive, president of the Seagate Homeowners Association, said that his organization was opposed to this project and that they will do everything they can to prevent it from happening. Steve Kuykendall, speaking as a private citizen, 6544 Locklenna Lane, said that last time this was brought to the Council it was denied on a 5 - 0 vote, that the Council should not give any more consideration to the project, that this is open space hazard because it has bad fill, that the City does not fill canyons and this would require just that, that he took offense to the property owners bypassing the City and going directly to the State with this project, and that the City Council should immediately deny this project. Betsey Kelley, 6611 Vallon Drive, spoke against this project. Robert Baker, 7 Oceancrest Court said that he thought this project had been put to bed at the November 1991 Council Meeting because this is not a developable site. Lois Larue, 3136 Barkentine, said that the site was the nesting area for CITY COUNCIL MINUTES APRIL 61 1993 PAGE 5 gnatcathers. Council then commented that an earlier project proposed for this site was denied because it is an open space hazard area, that nothing has changed since that denial, that the land use impacts are just and that the issue to be considered was land use. Councilman McTaggart moved, seconded by Councilwoman Bacharach not continue the item but dispose of it at this meeting. The motion carried 3 - 0 (Kuykendall having excused himself from the discussion) Mayor Brooks moved, seconded by Councilwoman Bacharach, to deny the request for the general plan initiation request. Motion carried 3 - 0 (Kuykendall having excused himself from the discussion.) (Councilman Kuykendall returned to the dais.) 2ND BUDGET WORKSHOP & PUBLIC HEARING ON BUDGET. Assistant City Manager Antil presented the staff memorandum of April 6th and the recommendation to: (1) establish Saturday, May 1, 1993 as the date to conduct the second City Council budget workshop to discuss the FY 1993 -94 budget. (2) establish Tuesday, May 18, 1993 as the date to conduct the public hearing and consider adoption of the FY 1993 -94 budget. Councilman McTaggart so moved, seconded by Councilwoman Bacharach. Motion carried. CITY COUNCIL REPORTS: CITY COUNCIL COMMITTEE ASSIGNMENTS (306) Mayor Brooks made the following appointments to the City Council Outside Committees: SLAG - Brooks /Bacharach; SCJPIA - McTaggart /Brooks; West Basin Water District - Kuykendall /Brooks; Juvenile Diversion - Brooks /McTaggart; P. V. Transportation Authority - Kuykendall /Brooks; and MAX JPA - Kuykendall /McTaggart. SCHEDULE OF CITY COUNCIL MEETINGS FOR THE MONTH OF APRIL (307) City Manager Bussey presented the April 6, 1993 memorandum and the recommendation that Council consider amending Ordinance No. 192 to clear up some ambiguity in the language which requires meetings that fall on an election day be carried over to the next day. Traditionally, meetings that fall on the day of statewide and general municipal elections have been carried over, but this has not been true for the L.A. Community College District elections. Such an election would be occurring on April 20, the day of the next regular meeting. It was the consensus that staff should prepare an ordinance stating that meetings would be carried over only in the case of statewide or city elections. Councilwoman Bacharach moved, seconded by Councilman McTaggart, that the next City Council meeting be held on April 20. Motion carried. It was the consensus that the April 24th meeting with the Parks & Recreation Committee be rescheduled for Monday, July 19. EXTENSION OF RTD ROUTE. (1505) Mayor Brooks said she had received an inquiry from the Mira Catalina Elementary School about extending the RTD service beyond Miraleste to the Mira Catalina CITY COUNCIL MINUTES APRIL 61 1993 PAGE 6 area. The line presently stops at the Miraleste Plaza and extending the line would bring service not only to that school but also to Marymount College. She stated that the RTD would like a letter from the City requesting such an extension and that Marymount College is interested in allowing a turnaround in that area. Councilman Kuykendall moved, seconded by Councilman McTaggart, to write a letter to the RTD requesting such an extension of the line. Motion carried. UPDATE ON SENATE BILL 303 (306) Mayor Brooks reported on the lobbying efforts of herself and former Councilman Ryan on behalf of this bill to impose fees for filing appeals to coastal permits. She said the bill was heard before the Natural Resources Committee and that the members seemed to be amenable to imposing a filing fee and concerned that cities not be made to pay for frivolous appeals. Appeal fees would be returned to anyone who won the appeal. She said that she will go back to Sacramento to continue these lobbying efforts. Lois Larue, 3136 Barkentine, said that her appeals are not frivolous, that she felt the City is not following Coastal and General Plan. MARINE RESERVE SITE (306) Councilman McTaggart summarized his report of April 6 and recommended that the Council support the position taken by the City of Redondo Beach for the location of a Marine Reserve in the South Bay area. It was the consensus that the City should send a letter supporting the position of the City of Redondo Beach on this matter. VERBAL CITY COUNCIL REPORTS It was the consensus that Town Hall meetings would be held on Wednesday, April 28 at Ladera Linda at 7 :00 P.M. and Wednesday, May 26 at 7:00 P.M. at Miraleste Intermediate School. Council requested that staff forward the draft agenda to them for comments on the meeting format. CITY MANAGER REPORTS: AMENDMENT TO LONG RANGE FINANCE COMMITTEE DUTIES (602) City Manager Paul Bussey presented staff report of April 6th and the recommendation to direct staff to make any changes to Resol. No. 93 -21 that Council deemed appropriate. Long Range Finance Committee Chairman Ken Dyda, 5715 Capeswood Drive, said his March 16th letter to the Council reflected the concerns of the Long Range Finance Committee, that this was meant to be a constructive process to work with the Council in providing something for their review, and that this was not taking any policymaking decisions away from the Council. Council discussion included comments re the amount of work done by the committee on this matter, the fact that some of the recommendations have already been undertaken by the Council, the importance of the Council having goals and objectives and discussing them with staff, and that perhaps the committee should be recessed until the Council finishes their portion of the work. Responding to Council's inquiry, Mr. Dyda stated that the Committee could have goals and objectives prepared and forwarded to Council by next week, that they CITY COUNCIL MINUTES APRIL 61 1993 PAGE 7 could be reviewed with staff over the next four to six weeks, and perhaps could be completed by mid-- summer. Council then expressed concern about the amount of staff time dedicated to this effort given the fact that staff is now heavily involved in the budget process, Finally, it was the consensus to accept what the committee was putting together insofar as goals and objectives were concerned. Councilman Kuykendall moved, seconded by Mayor Brooks to ask committee to prepare "straw" goals and objectives and once that work is completed that they stand in recess until the City Council has worked on them and sends them back to the Committee. Motion carried. ITEMS REMOVED FROM THE CONSENT CALENDAR: SB418 Business License Tax - Removal of Exemption for Banks & Financial Corporations (306) Council briefly discussed whether this legislation was a good idea because it would result in taxing banks at the branch level and this might encourage them to leave the City. Also mentioned was the fact that if implemented this would result in $79 million in revenue to local government. Councilwoman Bacharach moved, seconded by Mayor Brooks to support this legislation. The motion carried on a three - one vote with Councilman Kuykendall voting in opposition. RESOLUTION NO. 93 -30 SPEED LIMITS ON VARIOUS STREETS (1502) Public Works Director Pulliam presented the staff memorandum of April 6 and the recommendations as follows: (1) That the City Council adopt a resolution establishing speed limits on various streets within the City of Rancho Palos Verdes: (2) Direct the City Clerk to supply the Sheriff's Department with 6 certified copies of the resolution with applicable survey data sheets. Citing the discussion of this matter at a recent Regional Law enforcement meeting, Council requested clarification of these speed limits and whether the recommended speed limit of 35 MPH on Palos Verdes Drive East from Diamonte Lane to Ganado Drive should be 40 MPH instead. Assistant Public Works Director Kevin Smith explained why that section of the road was clearly in need of a 35 MPH, why it was not desirable to change the speed limits in more than 5 MPH increments, and that the recommended speed limit was within the study recommendations. Councilman Kuykendall moved, seconded by Councilwoman Bacharach to keep the recommended 35 MPH speed limit in that area. Motion carried on a 3 - 1 vote with Mayor Brooks voting in opposition. Councilman Kuykendall moved, seconded by Councilman McTaggart to adopt RESOLUTION NO. 93 -30 ESTABLISHING SPEED LIMITS ON VARIOUS STREETS WITHIN THE CITY. Motion carried. Lois Larue, 3136 Barkentine, questioned some of the proposed speed limits imposed by this resolution and inquired if Crenshaw came all the way down to Palos Verdes Drive South. Staff explained that this was generally considered the "extension" of Crenshaw. Apropos another traffic item, Council requested that staff determine if the flashing yellow light at Hawthorne and Vallon was in the correct location. Staff CITY COUNCIL MINUTES APRIL 6, 1993 PAGE 8 was directed to look into this and report back on the Friday Report. STATUS OF DIRECTIVES Council requested that a target date on green waste program be added to the Directives. With regard to the Zip Code issue, Mayor Brooks reported on her meeting with the Postmaster where the idea of having one zipcode for the City was discussed. The Post Office now has to determine if their equipment in Long Beach and /or Marina Del Rey can handle this change. AUDIENCE COMMENTS: Betsey Kelley, 6611 Vallon Drive, spoke relative to her teaching credentials. At this point, the City Attorney opined that audience comments should be related to matters under the council's jurisdiction. Lois Larue, 3136 Barkentine Rd., spoke to the Council Rules Of Procedures and expressed her opinion regarding slander. At 11:25 P.M. the meeting adjourned on motion o ouncilw n Bacharach. MA OR ATTEST: CITY CLERK r6mins r CITY COUNCIL MINUTES APRIL 6, 1993 PAGE 9