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CC MINS 19930420M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL 20, 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, Environmental Services Director Bret Bernard, Public Works Director Trent Pulliam, Planning Administrator Carolynn Petru, and City Clerk Jo Purcell. CLOSED SESSION: City Attorney Lynch announced that a closed session had been held to discuss initiation of litigation for the code violation at Windport. Also, that Council discussed whether to initiate another piece of litigation. Ms. Lynch announced that Councilman Kuykendall had excused himself from the discussion of the Windport matter. CEREMONIAL MATTER (304) Mayor Brooks presented a Certificate of Recognition for Student of the Month Alvin Lee in recognition of his outstanding scholarship. Also, Adrian Phillips from Peninsula High School introduced exchange students from Russia and their teacher Nina Barova. ENVIRONMENTAL SERVICES DIRECTOR City Manager Bussey introduced Bret B. Bernard the new Director of Environmental Services. Mr. Bernard had most recently been Planning Administrator for the City of Manhattan Beach and is a graduate of University of Calif. at Irvine and University of Pennsylvania. APPROVAL OF AGENDA: The agenda was approved on motion of Councilman Kuykendall, seconded by Councilwoman Bacharach and carried. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine Rd., spoke to the item regarding Legislation and stated her objection to the City's opposition to AB1813. After Finance Director Mattingly clarified the funding source for the Public Works budget adjustment item, the consent calendar was approved as follows on motion of Councilman Kuykendall, seconded by Councilwoman Bacharach. 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 Adopted the minutes of April 6, 19930 TRACT NO. 40640 AMENDMENT NO, 41 LOT NO. 1, MARGUERITE DRIVE (1411) Directed staff to renotice the public hearing on Tract No. 40640 so the applicant could address staff's recommendation on the lot coverage issue. RESOLUTION N09 93 -31 - GENERAL PLAN AMENDMENT INITIATION REQUEST FOR A VACANT SITE LOCATED WEST OF HAWTHORNE BOULEVARD (WINDPORT) (701) Adopted RESOLUTION NO. 93 -31 DENYING A REQUEST TO INITIATE A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM VERY LOW DENSITY RESIDENTIAL AND HAZARD TO HIGH DENSITY RESIDENTIAL ON A 13.63 ACRE SITE. GOLDEN BEAR ARBOR I ST , INC* - TREE TRIMMING CONTRACT - NOTICE OF COMPLETION (14 0 7 ) (1) Accepted the project as completed in the amount of $7,290. ( 2 ) Directed the City Clerk to File a Notice of Completion and notify the Surety to exonerate the contract bonds. (3) Authorized the Finance Director to release the retention 35 days after the notice has been recorded. AWARD OF LADERA LINDA COMMUNITY CENTER ROOF REPAIR - DAVEY ROOF (1201 X 1204) Awarded the contract to Davey Roof, Inc. at a cost of $11,353, plus $1,153 contingency for a total authorized expenditure not to exceed $12,488. RESOLUTION NO. 93 -32 - BUDGET ADJUSTMENT FOR PUBLIC WORKS REORGANIZATION (602 X 1204) Adopted RESOLUTION NO, 93 -32 AMENDING RESOL. NO. 92 -99, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1992 -93, FOR THE REORGANIZATION OF THE PUBLIC WORKS DEPARTMENT. LEGISLATIVE ACTIVITIES (306) Joined the League of California Cities in support of AB 401 (Margolin) and in opposition to SCA 22, SB 1114 (Maddy) and SB 243 (Lewis). Joined the League in opposition to SB 695 (Leonard) and AB 1813 (McDonald). SIDEWALK REPAIR PROGRAM FY 92 -33 - KALBAN, INC. (1405) Awarded Fy 92 -93 Sidewalk repair program to Kalban, Inc. for $46,010, plus $4,990 in contingency for a total contract not to exceed $51,000. RESOLUTION NO. 93 -33 - REGISTER OF DEMANDS (602) Adopted RESOLUTION NO. 93 -33 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: KUYKENDALL, McTAGGART, NOES: NONE ABSENT: NONE ABSTAIN: KUYKENDALL ON RESOL. NO. BACHARACH AND MAYOR BROOKS 93 -31. CITY COUNCIL MINUTES APRIL 20, 1993 PAGE 2 PUBLIC HEARINGS: CONDITIONAL USE PERMIT N0. 92 REVISION "D ", VARIANCE NO. 2790, - THE SALVATION ARMY (1804) Director Bernard introduced the staff memorandum of April 20th. Senior Planner Joel Rojas presented the staff recommendation to review the supplemental materials submitted by the project applicant and additional staff analysis and select one of the staff identified alternatives for addressing the applicant's appeal. Mr. Rojas summarized the changes made to the project by the applicant and how they addressed some of the concerns raised at the previous hearing on this matter. He then used a series of artist renderings of the project showing the visual effects of the proposed berm, what it would look like without the berm and finally, what the appearance would be with only the landscaping. Mr. Rojas stated that staff proposed one parking space for every two conference attendees; and that a new condition to the project is the undergrounding of utilities adjacent to the City Hall property. Representing the Salvation Army was Major Kenneth Gibson who stated his support for the staff recommendation. The project's architect, Thomas Hause, 67 E. Live Oak Avenue, Arcadia, presented additional renderings showing the project from the City Hall site, and from Hawthorne Boulevard. Speaking in support of the project were the following persons: Maurice King, 3161 Barkentine Road; Dianne Glasson, 28720 Golden Meadow Drive; Larry Thaller, 32735 Seagate Drive; Angela McDowell, 28925 Geronimo Drive; and, Sunshine, 6 Limetree. These speakers cited the humanitarian work done by the Salvation Army and the contribution that this conference center will make in furthering their work. Moreover, it was pointed out that this facility will permit the trainees to stay on site instead of having to be bussed from San Pedro. Speaking in opposition to the project was Lois Larue, 3136 Barkentine who said the center will bring people from the 15 western states and that she was concerned about the number of buildings on the property. Councilman McTaggart moved, seconded by Councilman Kuykendall to close the public hearing. Motion carried. Council then proceeded to discuss the various features of this project: the necessity of the berm in mitigating the impact of the whole facility as it is built out according to the Master Plan; and, that the landscaping proposed would probably destroy the view from within the facility. Councilwoman Bacharach moved, seconded by Councilman Kuykendall to conceptually approve this application. Discussion continued relative to the fact that the Salvation Army facility is a key component in the City's disaster preparedness plan; whether the berm could be modified to a level so part of the building could be seen from Palos Verdes Drive South but obscuring not the parking lot from sight; if the trail could be dedicated as a pedestrian trail and delay dedicating it as an equestrian trail until after the trails workshop scheduled for July; and, if more information was available regarding the cost of the undergrounding of facilities. The motion carried. Council then proceeded to discuss specific conditions as follows: if the condition regarding fiber optic cables was a matter that the City should delineate or if that should be left to the applicant; and, if the parking CITY COUNCIL MINUTES APRIL 20, 1993 PAGE 3 requirements promoted car pooling. With regard to the berm, Councilman McTaggart moved, seconded by Councilman Kuykendall to modify the berm to a level which obscures the parking lot from Palos Verdes Drive West and to use less dense landscaping. Motion carried. Councilman McTaggart moved, seconded by Councilwoman Bacharach to dedicate the trail as currently defined in the Conceptual Trails Plan and any future amendment to that Plan and in effect at the time of the construction of the project. Motion carried. Scott Gobble, speaking for the Edison Company, addressed the matter of cost for the undergrounding of the utilities on this project site, stated that the lines in the area are high voltage lines and to underground the entire length of the property would be a couple of hundred thousand dollars. Councilman McTaggart moved, seconded by Councilman Kuykendall, to adopt staff recommendation No. 2 to select one of the staff identified alternatives for addressing the applicant's appeal. Motion carried. Recess And Reconvene: At 9:07 the Mayor declared a recess. The meeting reconvened at 9:15 P.M. VARIANCE NO. 347 APPEAL - LOCATION: 5561 GRAYLOG (1804) Mayor Brooks opened the public hearing on Variance No. 347 Appeal. The City Clerk reported that notice of the public hearing had been duly published and that written protests received by the City were included in the Council's agenda packet. Associate Planner Terry Silverman presented the staff memorandum of April 20 and forwarded the Planning Commission recommendation that the appeal be denied thereby upholding their denial of a 91 square foot after - the -fact extension to a deck which extended approximately 7 feet over an extreme slope and upholding the Planning Commission's determination regarding the size of the previously existing deck. The property owner and appellant in this matter, Mr. Nat Panah, presented pictures of the structure and suggested that the issues be separated: establishment of the depth of the deck and the matter of privacy. He stated that extending the deck to 16 ft. did not have an impact on anybody's privacy. Responding to Council's inquiry, he explained the permit and inspection process he went through in seeking approval of the deck. Planning Commissioner Lee Byrd, 3663 Vigilance Drive, presented a prepared statement which indicated that the Commission wanted to see a compromise between Mr. Panah and the neighbors and that the commission wanted a smaller deck. (Mr. Byrd's statement is on file with the City Clerk's Office.) ( Councilwoman Bacharach reported that she had visited the site and spoke with the appellant Mr. Panah and his neighbor Mr. Weinhuff.) (Mayor Brooks also reported that she had visited the project site.) Mr. Weinhuff, 26108 Basswood, stated he was speaking for four other neighbors; that he was in support of a deck measuring 12 ft. by 24 feet as was originally constructed; was concerned about safety and preservation of view and privacy. He questioned Mr. Panah's statement that the deck was just an extension of an existing deck, and he questioned if the deck was a reasonable development over an extreme slope as required by Ordinance 194. (Mr. Weinhuff's statement is on CITY COUNCIL MINUTES APRIL 20, 1993 PAGE 4 file with the City Clerk's office.) Mina Kan, 26102 Basswood, said that the deck had been extended quite a few feet and that she felt it was an infringement on the privacy of both parties. Councilwoman Bacharach moved, seconded by Councilman McTaggart to close the public hearing. Motion carried. Council discussed what mitigating measures could be used to allow this variance: plantings, screening or to cut back the deck.. Mayor Brooks moved, seconded by Councilwoman Bacharach to direct staff to design a proper modification to the deck to reduce its proximity to neighboring property and to provide for privacy by installing foliage and /or screens; and that all building and safety measures be undertaken immediately. The motion carried. REGULAR BUSINESS: DRAFT GOALS FROM THE LONG RANGE FINANCE COMMITTEE (602) City Manager Bussey presented the memorandum of April 20, 1993 which recommended receiving the proposed City goals from the Long Range Finance Committee for use as a starting point in the City Council's development of final goals and objectives. Lois Larue, 3136 Barkentine, referred to the Parks & Recreation Goals of retaining open space consistent with the General Plan and Coastal Specif is Plan. Long Range Finance Committee Member Andy Lorenzen, speaking on his own behalf, said that the committee worked very hard to put together the basis for this long range plan; that they have an organized schedule to support the plan; and, he urged the City Council to reconvene the committee so they would not lose any momentum and could proceed with their work. Between now and the end of the year he said that there needs to be developed economic and financial data that will form the basis for the plan and that by recessing the committee it would guarantee that there will not be a plan to support the 93 -94 budget and that there would be no plan until the 95 -96 goals. It was the consensus of the Council to form an ad hoc committee (Mayor Pro Tem Kuykendall and Mayor Brooks) to work on organizing procedures to obtain City goals and objectives. DIMENSION CABLE SERVICES - PRESENTATION BY THE GENERAL MANAGER (605) Steve Fowler, General Manager for Dimension Cable Services, presented his April 20th proposal to assist the City in improving the quality of cablecasting Council meetings. This proposal addressed four areas in order to upgrade the transmission quality: installation of soft lights and elimination of the current spot lights; installation of a cycleroma around the entire Council and staff area; modification of the audio system to eliminate voice activated microphones; and, to hire a professional production crew. It was the consensus that the City Manager should include this data in the budget deliberations. SMOKING REGULATION ORDINANCE FOR RESTAURANTS, BARS, AND CITY FACILITIES (801) Administrative Analyst Otto presented the staff memorandum of April 20th and the recommendation to introduce an Ordinance amending the Rancho Palos Verdes Municipal Code by adding chapter 8.28 to regulate smoking in restaurants, bars and city facilities. CITY COUNCIL MINUTES APRIL 201 1993 PAGE 5 Speaking in opposition to this ordinance was Alan Horowitz, owner of the Pancake House on Western Avenue, who cited the unfair competitive situation he will be faced with because restaurants located within the City of Los Angeles just across the street didn't have such a ban. Mr. Horowitz presented signed petitions opposing the smoking ban in restaurants and bars. Representing the California Restaurant Association was Adam Finney, 310 W. Valencia Mesa, Fullerton, who cited his organization's position of supporting a 100 percent ban on smoking in all restaurants and bars but also cited the unfairness in the case of some areas having this ban and others not having it. He said that his association has cosponsored AB13 placing such a ban on smoking. Speaking in support of the ordinance was Lois Larue, 3136 Barkentine. Also speaking in support was Marshall Davis, speaking on behalf of the American Cancer Society who spoke relative to the effects of secondhand smoke and how it compares with other carcinogens and its related health effects on the population and the burden this places on the health care system. It was the consensus that the Mayor should contact and write to Los Angeles City Councilwoman Joan Milke - Flores and request that the City of Los Angeles support the legislation placing a complete ban on smoking. This was cited as one way of eliminating the unfair competition situation, Council then discussed if restaurants with bars that were not structurally separated should be allowed a grace period to come into conformance with this ban because of the structural changes that would have to be made; or, if consideration should be given to 50% restriction on smoking in bars. It was the consensus that staff should prepare two ordinances: one with a 50% smoking ban in bars with a minimal phasing in within 30 days; and, one with a total ban on smoking. Staff was also instructed to review if the City has already taken a position on AB13 and to send letters to other mayors urging their council support of this legislation. EMERGENCY PREPAREDNESS ACTIVITIES UPDATE (1206) Public Works Director Pulliam presented the Emergency -Preparedness activities update which reported that on January 11, 1993 the City Council approved a revision to the Emergency Preparedness budget to facilitate the purchase of operating supplies and other services. Also at that meeting, Council requested that the City's Multi- Hazard Functional Plan (MHFP ) was to be prepared in house; and, that staff report back within six months on the progress made with this matter. Council questioned where these supplies would be stored, how much storage space was required, the cost for maintenance of these supplies; and, the suggestion was made that staff should issue a press release on this program. Councilman Kuykendall moved, seconded by Councilwoman Bacharach to receive and file this report. Motion carried. ORDINANCE NO. 287 - CITY COUNCIL REGULAR MEETING DAYS - (307) City Clerk Purcell presented the staff memorandum of April 20th and the recommendation to introduce an ordinance of the City of Rancho Palos Verdes establishing regular meeting days and amending Chapter 2.04 of the Rancho Palos Verdes Municipal Code. Councilwoman Bacharach so moved, seconded by Councilman McTaggart to INTRODUCE CITY COUNCIL MINUTES APRIL 20, 1993 PAGE 6 ORDINANCE NO. 287 OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING REGULAR MEETING DAYS AND AMENDING CHAPTER 2.04 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. DEVELOPMENT OF AN ADOPT -A- HIGHWAY PROGRAM IN THE CITY OF RANCHO PALOS VERDES (1405) Considering the lateness of the hour, it was the consensus to continue this matter to the next meeting. CITY COUNCIL REPORTS: Councilman Kuykendall moved, seconded by Councilman McTaggart, and carried to reopen the agenda and consider the library matter as the next order of business. PALOS VERDES LIBRARY DIST. PROPOSED BRANCH CLOSURE (1001) Expressing her understanding of the Library District's fiscal problems, coupled with the restriction that the revenue from the bond issue can only be used on the new addition, Mayor Brooks asked for Council support in requesting the District delay making a decision on branch closure until after the State adopts its budget. Representing the Library District was Nancy Mahr, who told the Council that the District intends to adopt a budget in June; that they will hold three public hearings; that because of a shortfall of $450,000 the District's Long Range Planning Committee has recommended several measures, none of which cover the shortfall. Jane Jones, 2747 Vista Mesa Drive, representing the Rancho Palos Verdes Council of Homeowners Associations, said that this matter was discussed by that organization; that they are very concerned about the closure of the Miraleste Branch considering its distance from the central library; questioned if volunteers had been considered as a means of keeping the branch open; and, that presently there is no volunteer program at Miraleste. Edward Kennedy, 2713 Vista Mesa Drive, representing the E1 Prado Estates Homeowners Association, said that the library is used by the students from the neighboring Miraleste Intermediate School. It was the consensus of Council that the Mayor would work with the community to see what can be done to keep this branch open; that the Board should be requested to look into a volunteer program; and, that they should consider the proximity of the Library to the Miraleste Intermediate School when contemplating this closure. OCEAN TRAILS Mayor Brooks reported on the approval of the Ocean Trails project ( Hon - Zuckerman Subregion 7 & 8) by the Coastal Commission. SB 303 LEGISLATION (COASTAL APPEAL FEES) Mayor Brooks reported that SB303 requiring fees for appeal of coastal permits was moving along in the Legislature; that two amendments have been made and that now the Executive Director of the Coastal Commission has five days to determine if an appeal is frivolous and impose a fee. TOUR OF THE SLIDE AREA Mayor Brooks reported on her slide area tour with Councilman McTaggart, Public CITY COUNCIL MINUTES APRIL 20, 1993 PAGE 7 Works Director Pulliam, Charles Abbott, and a representative from Congresswoman Harman's office. (At 12:00 A.M. Councilman Kuykendall requested to be excused from the meeting.) CITY MANAGER REPORTS: Status of Directives Zip Code - Mayor Brooks reported on her contact with the Post Office regarding this matter: the Post Office has to determine if their equipment in the Long Beach area or the Marina del Rey area can handle the one zip code for the entire peninsula. In any event, she reported that this matter should be brought to closure within the next six months. Responding to the Mayor's call for audience comments for items not on the agenda was Lois Larue, 3136 Barkentine, commented on the funds being used to fly to Sacramento and inquired about the next hearing on SB303. She said that the coastal permit appeals have not been frivolous. ADJOURNMENT: At 12:10 A.M. the meeting adjourned on motion of Councilman McTaggart to May 1 for a budget work session to be held at Hesse Park at 9:00 A.M. Y ATTEST: QP- CITY CLERK A 042093 Apr.20 mins CITY COUNCIL MINUTES APRIL 20, 1993 PAGE 8