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CC MINS 19931005M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING OCTOBER 5, 1993 The meeting of the Rancho Palos Verdes City Council was called to order at 6:00 P.M. by Mayor Susan Brooks 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, MAYOR BROOKS ABSENT: NONE Also present were Assistant City Manager Pamela Antil, City Attorney Carol Lynch, City Clerk Jo Purcell, Planning Director Bret Bernard, Public Works Director Trent Pulliam, Finance Director Brent Mattingly, Planning Administrator Carolynn Petru, and Associate Planner Donna Jerex. CLOSED SESSION: City Attorney Lynch reported that the City Council held a closed session and discussed the case of Sierra Club, et al., v. City of Rancho Palos Verdes. CEREMONIAL EVENTS CITIZEN OF THE MONTH - LEE McGEE: Mayor Brooks presented Lee McGee with a Certificate of Appreciation in recognition of his work on behalf of the La Vista Verde Homeowners Association and especially in acknowledgement for his "Good Samaritan" deeds which included carrying out trash cans for an elderly neighbor and helping to clean up the streets following the heavy rains this past spring. GREEN HILLS MEMORIAL PARK: Mayor Brooks presented representatives of Green Hills Memorial Park with a proclamation in appreciation of their assistance to a number of community organizations: the Peninsula Symphony, the Los Angeles County Sheriff's Department, Toys for Tots, and also for the contribution of their staff to open and close the City's Eastview Park on a daily basis and to provide light clean up services at that park. APPROVAL OF AGENDA: Councilwoman Bacharach moved, seconded by Councilman Kuykendall to approve the agenda. Motion carried. APPROVAL OF CONSENT CALENDAR: The City Clerk announced that staff had requested that the following items be removed from the Consent Calendar: August 31, 1993 minutes, the contract with the L. A. County Sheriff's Department, and the radar speed studies resolution. Lois Larue, 3136 Barkentine Road, objected to the minutes of September 21, 1993 because she felt they omitted an important part of her testimony relative to the letter written by Martin Byhower. Additionally, she objected to the City's application for Federal disaster assistance. Councilman McTaggart moved, seconded by Councilwoman Bacharach to approve the consent calendar as amended: WAIVER OF FULL READING ADOPTED A MOTION TO WAIVE FULL READING 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. MINUTES APPROVED THE MINUTES OF SEPTEMBER 21. HAWTHORNE BLVD. TRAFFIC STUDY (308 X 1204 X 1502) APPROVED THE REQUEST FOR PERMISSION FOR THE LOS ANGELES COUNTY PUBLIC WORKS DEPARTMENT TO PERFORM A PEAK PERIOD PARKING /STOPPING RESTRICTIONS STUDY ALONG HAWTHORNE BOULEVARD BETWEEN INDIAN PEAK ROAD AND NEWTON STREET. RESOL. NO. 93 -86 - TRACT NO. 31617 (SEACREST) AMENDMENT NO. 1 (1411) ADOPTED RESOL. NO. 93 -86 APPROVING AMENDMENT NO. 1 TO TRACT NO. 31617 TO AMEND CONDITION 4 (D) TO ALLOW AT -GRADE USES OUTSIDE THE BUILDING GRADING RESTRICTION (BGR) LINE AND DENYING THE REQUEST TO RELOCATE THE BGR LINE AT 32015 SEA RIDGE CIRCLE. ORDINANCE NO. 293 - AMENDING INSTITUTIONAL USE (1203 X 1401 X 1801) ADOPTED ORDINANCE NO, 293. OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 17.28.020 OF THE DEVELOPMENT CODE AS CODE AMENDMENT NO. 36 TO EXPAND THE USES ALLOWED IN AN INSTITUTIONAL (I) ZONING DISTRICT. (THIS ORDINANCE WAS INTRODUCED AT THE SEPTEMBER 21, 1993 MEETING.) GREEN WASTE ALTERNATIVE - RECYCLING MANDATES (1204 X 1301) AUTHORIZED THE MAYOR TO SUBMIT A LETTER OF SUPPORT TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD REGARDING THE GREEN WASTE ALTERNATIVE DAILY COVER (ADC) PROGRAM AND URGING THE BOARD TO CREDIT THE USE OF ADC TOWARD THE STATE'S DIVERSION /RECYCLING MANDATES. LEGISLATIVE ACTIVITIES - PROPOSITION NO. 172 (306) JOINED THE LEAGUE OF CALIFORNIA CITIES AND THE CALIFORNIA CONTRACT CITIES ASSOCIATION IN SUPPORTING PROPOSITION 172, THE EXTENSION OF THE 1/2 CENT SALES TAX. RESOLUTION NO. 93 -87 FEDERAL DISASTER ASSISTANCE (401 x 1204) ADOPTED RESOLUTION NO, 93 -87 AUTHORIZING THE CITY OF RANCHO PALOS VERDES' APPLICATION FOR FEDERAL DISASTER ASSISTANCE. RESOL. NO. 93 -88 REGISTER OF DEMANDS ADOPTED RESOL. NO. 93 -88 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, BACHARACH AND MAYOR BROOKS NOES: NONE CITY COUNCIL MINUTES OCTOBER 5, 1993 PAGE 2 RECYCLE DRAWING: Mayor Brooks announced that the family of Denis Bosley was the winner for the month of August; that the George Picciotto family was the winner for the month of September, Both of these f amilies will receive one year' s worth of f ree trash pick -up service. PUBLIC HEARING: AFFORDABLE HOUSING - OCEAN TRAILS PROJECT (SUBREGION 7 & 8) (701) Mayor Brooks opened the public hearing on Affordable Housing for the Ocean Trails Project. The City Clerk reported that notice of the public hearing had been duly published. Associate Planner Donna Jerex presented the staff memorandum of October 5, 1993 and the following recommendations: (1) ADOPT THE PROPOSED RESOLUTION APPROVING ADDENDUM NO, 2 TO ENVIRONMENTAL IMPACT REPORT NO. 36 IN CONJUNCTION WITH THE RE- APPROVAL OF VESTING TENTATIVE TRACT MAPS NOS. 50666 AND 50667, TENTATIVE PARCEL MAP NOS. 20970 AND 23004, CONDITIONAL USE PERMIT NOS. 162 AND 163, AND GRADING PERMIT NO. 1541 FOR AN 83 LOT RESIDENTIAL PLANNED DEVELOPMENT, PUBLIC OPEN SPACE, AND AN 18 -HOLE PUBLIC GOLF COURSE AND RELATED FACILITIES LOCATED IN COASTAL SUBREGIONS 7 AND 81 WHICH COMPRISE THE DEVELOPMENT PROPOSAL KNOWN AS OCEAN TRAILS. (2) ADOPT THE PROPOSED RESOLUTION RE- APPROVING VESTING TENTATIVE TRACT MAP NO, 50666 AND TENTATIVE PARCEL MAP NO. 23004 FOR A RESIDENTIAL PLANNED DEVELOPMENT WITH 40 SINGLE FAMILY LOTS, A PUBLIC GOLF COURSE, AND PUBLIC OPEN SPACE LOCATED ON A 153.9 ACRE SITE LOCATED IN COASTAL SUBREGIONS 7 AND 8, WHICH ARE PART OF THE DEVELOPMENT PROPOSAL KNOWN AS OCEAN TRAILS. (3) ADOPT THE PROPOSED RESOLUTION RE- APPROVING VESTING TENTATIVE TRACT MAP NO. 50667 AND TENTATIVE PARCEL MAP NO, 20970 FOR A RESIDENTIAL PLANNED DEVELOPMENT WITH 43 SINGLE FAMILY LOTS, A PUBLIC GOLF COURSE, AND PUBLIC OPEN SPACE LOCATED ON A 107.5 ACRE SITE LOCATED IN COASTAL SUBREGIONS 7 AND 81 WHICH ARE PART OF THE DEVELOPMENT PROPOSAL KNOWN AS OCEAN TRAILS. (4) ADOPT THE PROPOSED RESOLUTION RE- APPROVING CONDITIONAL USE PERMIT NO, 162 AND GRADING PERMIT NO. 1541 FOR A RESIDENTIAL PLANNED DEVELOPMENT AND PUBLIC OPEN SPACE IN ASSOCIATION WITH VESTING TENTATIVE TRACT MAP NOS, 50666 AND 50667 AND TENTATIVE PARCEL MAP NOS. 20970 AND 23004 LOCATED IN COASTAL SUBREGIONS 7 AND 81 WHICH ARE PART OF THE DEVELOPMENT PROPOSAL KNOWN AS OCEAN TRAILS. (5) ADOPT THE PROPOSED RESOLUTION RE- APPROVING CONDITIONAL USE PERMIT NO. 163 AND GRADING PERMIT NO. 1541 FOR A PUBLIC GOLF COURSE AND PUBLIC OPEN SPACE IN ASSOCIATION WITH VESTING TENTATIVE TRACT MAP NOS. 50666 AND 50667 AND TENTATIVE PARCEL MAP NOS. 20970 AND 23004 LOCATED IN COASTAL SUBREGIONS 7 AND 8, WHICH ARE PART OF THE DEVELOPMENT PROPOSAL KNOWN AS OCEAN TRAILS. Ms. Jerex then proceeded to summarize the major points contained in the Staff Report: that to meet the Court's mandate, Staff had several meetings and telephone conversations with the developer's representatives to develop a joint solution to the requirements of Government Code 565590. Staff and the developer then evaluated options to comply with the mandate which included challenging the judge's mandate, or making findings for infeasibility. After a series of discussions, Staff's understanding of the developer's expressed intentions was that based upon a final total buildout of 83 dwelling units the developer would provide the following three programs to satisfy the Court: (1) to build four units for very low income persons on site. These units would be incorporated into the maintenance facility and would be a minimum of 850 square feet in size. (2 ) to provide an in -lieu program for an. additional four units to be located off site. (3) in addition to the eight units referred to, agreed to a potential for the development of granny units to be located on site, and they would be built in concert with homes in the market -rate residential portions of the project. CITY COUNCIL MINUTES OCTOBER 5, 1993 PAGE 3 Continuing with the summary, Ms. Jerex said that Staff's final meeting specifically regarding affordable housing was held on August 19, 1993. At that time, discussion centered on the square footage and design for the four on -site units to be built around the maintenance facility. The developer and its consultant (HRA) confirmed that, in order to meet the deadline of the judge's mandate, they would deliver their proposal to Staff by Thursday, September 16, 1993, and possibly as early as September 14, 1993. Staff, however, did not receive this draft until Monday, September 20. A final draft was received next day, on September 21. Upon review of the proposal, Staff was surprised to learn that the report focused on a history of Section 65590, and argued that _ compliance with the Court's order would render the project economically infeasible. Staff could not comment on the economic feasibility of any aspects of the project since it had not been provided with the necessary data to conduct an independent evaluation. Although HRA's proposal contained some outlines of "voluntary" programs that- the developer would consider, they had not been evaluated to the degree that was anticipated by Staff, nor were they in a format which could easily be presented to the Planning Commission or the Council. Independent of the developer, Staff worked closely with The City's housing consultant, Ms. Genis ( Planning Resources) to devise the actual programs previously agreed to before receipt of HRA' s Proposal. In doing so, Staff considered two issues: the Court's mandate and compliance with the City's Housing Element. Although Staff did not take into account economic feasibility, Ms. Jerex said that it did recognize constraints that existed on the property: geotechnical complexities, public and passive parks, a trails network, and sensitive habitat areas. In surveying other coastal cities Staff found that a 20% set -aside was the average figure for low and moderate income housing, especially for projects which generated the employment of people in very low to moderate income categories. Staff also took into account the fact that not only would the commercial development generate a need for housing for very -low to moderate income employees, but the market -rate residential portion of the tract would also generate a similar need for landscaping personnel, a naturalist or ranger for the habitat areas, domestic workers, daycare, etc. Another factor analyzed by Staff was the City's current census data which showed the City's very -low and low income categories to be just over 11% of the total population. Staff felt it was important that projects which generated employees at lower income levels should not increase the overall lower income levels of the City. As exemplified in the Genis Report, the golf course is expected to generate employment for approximately 53 very -low to moderate income persons. Concluding her report, Ms. Jerex stated that after weighing all of the factors, Staff believed that a program, or combination of programs which offered a 10% set aside for lower income households, would not only be feasible and appropriate, but also turned out to be the (let's not make it look too coincidental!) number which the developer had previously agreed to. Staff also believed that the 10% figure not only provided a serious attempt to meet the Court's mandate but it also furthered the goals and programs contained in the Housing Element adopted by the City Council in 1992. Council's questioning and clarification of the staff presentation focused on the following: the number of affordable units vis -a -vis the total amount of buildable acreage, if the density bonus applied only in the case that affordable units would be granted; arid, how the number of buildable acres would dictate the number of market rate units built on this site. The next concerns were the square footage of the affordable units and how the Planning Commission arrived at the 775 sq. ft. number, the "in lieu "" fee option, the method of qualifying buyers, CITY COUNCIL MINUTES OCTOBER 5, 1993 PAGE 4 and whether the City had any control over such things as the setbacks for these units. Representing the Palos Verdes Land Holdings Co. Inc. was Michael Mohler, 25200 La Paz, Suite 210, Laguna Hills. Clarifying Council's inquiry relative to the density bonus, he said that the Government Code states that in order to assist in providing new affordable housing units, local governments had to offer density bonuses or other incentives such as modification of zoning and subdivision requirements, accelerated processing, required applications and the waiver of appropriate fees. He said that they did not seek to violate the imposition or inclusion of the affordable onsite element, however, in the case of possible geological concerns and a resultant loss of buildable lots this would of fect the number of units. With this concern, he requested that the number of affordable units not be required to adhere to the underlying zoning density of one dwelling unit per buildable acre. With regard to the size of the units, he stated that for a two bedroom unit, that anywhere from 775 to 900 sq. ft. was reasonable. Insofar as the "in- lieu" fee was concerned, he explained his understanding as to how the Planning Commission arrived at the $1.00 per square foot of market -rate construction. In conclusion he said that they are willing to accept the program presented by staff. Responding to Council's inquiry, he said that it was their hope that no buildable acreage would be absorbed in the calculation of the affordable four units. Representing the Sierra Club was Frank Angel, 10951 W. Pico Boulevard, who said that essentially there were two points he wanted to make: (1) that he was glad to see that this situation had triggered the process whereby the City would have to apply the low /moderate income goals of the housing element; and, (2) that he had not received the staff report until Monday and had insufficient time to discuss whether what was being offered was satisfactory or not. Responding to the comment on the availability of the staff report, City Attorney Lynch stated that this was a duly published public hearing, that the report was available to the City Council late Friday, that there was a very short turnaround time between the Judge's order and the City Council meeting, and that if the petitioner was so inclined, that a request could be made for more time on the due date of the Court's mandate. Representing Steven T. Taylor, was his attorney Jonathan Lehrer - Graiwer, 4727 Wilshire Boulevard, Suite 500, who presented to the City Clerk a letter dated October 5, 1993 in opposition to the Ocean Trails Project and each of its proposed land use approvals, including the Final Environmental Impact Report and Addendum No. 2 ("FEIR"). (Mr. Graiwer's letter is on file with the City Clerk's Office.) Speaking on behalf of the other petitioners was Andrew Sargent, 1 Peppertree Drive, who stated his support for affordable housing in the range of 25% to 30% of the total project. He stated that currently 22.4 percent of the City's residents qualify for affordable housing. Council commented that the 22.4 percent referred to by Mr. Sargent was an income standard and was not related to the cost of their housing, that many of these were probably residents who bought their homes prior to Proposition 13 and therefore were able to afford to live in homes that they would not be able to purchase at today's market and tax rate. CITY COUNCIL MINUTES OCTOBER 5, 1993 PAGE 5 Additional Council comments focused on the fact that the people living in these affordable units would be employees who work for the golf course. With regard to the matter of geologic stability, it was the consensus that the clubhouse, maintenance and affordable housing would be on land that demonstrated a 1.5 stability factor. RECESS & RECONVENE: At 8:36 P.M. Mayor Brooks declared a recess. The meeting reconvened at 8:50 P.M. AUDIENCE COMMENTS: Responding to the Mayor's call for audience comments for items not on the agenda were the following speakers: Paul Christensen, 6317 Tarragon Road, President of the Upper Abalone Cove Homeowners Association, who commented on the work to be done in the landslide area and stated his dissatisfaction with the manner of installation of the drainage pipe in the area. He invited the City Council and staff to accompany him on a brief tour of the landslide area on an appropriate date. Basswood and Montemalaga Turning Restriction - Shana Wallace, 38 Strawberry Lane, Associated Student President of Peninsula High School, summarized the Council's actions relative to the right turn on Montemalaga and Basswood and its effect on traf f is in the area. She requested more cooperation between the various parties involved in this traffic dispute, cited the fact that students would be unable to attend the upcoming Friday meeting between the PTA and representatives of the City, and requested that the Council reconsider their decision to prohibit right turns from Montemalaga to Basswood. She requested that consideration be given to installing safe drop off points. Public Works Director Pulliam reported that this situation had been monitored over the past week, that the traffic seemed to have dwindled as people decided on other routes, that initially when the prohibition went into effect there did appear to be a ten minute back -up on Montemalaga but that now had diminished. He stated that staff is sensitive to the issue of the drop -off zones and suggested that people use the new loading zone south of Basswood Avenue. AFFORDABLE HOUSING - OCEAN TRAILS PROJECT Council resumed the public hearing on this matter. Toshiko Nakamura, 4021 Palos Verdes Drive South, spoke against the project in general and questioned why the issue of affordable housing was being raised at this point. She complained about the vibrations that the heavy construction traffic causes in the area. Lois Larue, 3136 Barkentine, said that the staff report on this matter was missing from her agenda packet and that she was told it would not be available to her until Monday, that in the past she has informed the Council that the City's Housing Element is a farce, and that it was a delight that the judge had told the City that it must bring in low income housing to this project. J. J. D. McLaren, 3929 Palos Verdes Drive South, felt that four units was too low and that 20% would be better because there are many young people who would qualify and that it would be unfair to reserve the coastal zone for millionaires only. He stated that people should be able to buy so they could gain equity in these units. Richard Bara, 1 Peppertree Drive, stated his support for Mr. Sargent's comments relative to the 10, 20 and 30 percent affordable units. He suggested that for the low cost housing that two units per acre be allowed and that a not - for - profit corporation be formed to administer this housing. CITY COUNCIL MINUTES OCTOBER 5, 1993 PAGE 6 Juan Forteza, 4021 Via Larga Vista, Palos Verdes Estates, recommended that the units be a-minimum of 810 feet to allow for proper living space. Roy Fulwider, 28219 Hazelridge, stated that he was tired of all the delaying tactics of the petitioners and that a 750 sq. ft. unit was adequate. Speaking in rebuttal was Mike Mohler who stated that Mr. Angel always comments on the lateness of the reports, that he didn't attend the Planning Commission's meeting last week although some of the other plaintiffs did and suggested that the in- lieu option be discarded and that they be required to provide low cost housing. On December 7, 1992 the gnatcatcher was listed as threatened and not an endangered species as stated by Mr. Angel. With regard to Mr. Graiwer's comments, that he didn't see how that concerned this project. With regard to the cost of these units, onsite improvements would make these units $100,000 and that this program will require subsidization by the landowner. With regard to the in -lieu fee, instead of requiring it, it would probably be best to require that the off -site housing be provided at some point in the project. Sandra Genis of Planning Resources, 1586 Myrtlewood, Costa Mesa, summarized the Af fordable Housing Analysis, dated September 1993 and analyzed the City' s adopted housing element, as well as the requirements of California Government Code Section 65590, which sets forth requirements for developments located in the coastal zone. She clarif ied the code relative to this housing requirement and why she considered 10% as reasonable. Councilman McTaggart moved, seconded by Councilman Kuykendall to close the public hearing. Motion carried. After discussion of the elements of a proposed motion to provide a certain number of units both on and off site, Councilman Kuykendall moved, seconded by Mayor Brooks to require four units on -site and four units off site; that these units be for very low to low income households; that the units be a minimum of 850 sq. ft.; that there be no in -lieu fee required; and, that the off site units be provided when half of the market -rate lots are available for sale. Motion carried. Relative to the Density Bonus, Councilwoman Bacharach moved, seconded by Mayor Brooks, that the total number of onsite market rate dwelling units be limited to one unit per buildable acre of land; however., the four affordable dwelling units to be provided onsite pursuant to Condition A(9) (re- approving the tract maps) shall be allowed to exceed the one dwelling unit per buildable acre maximum, for a total of 83 units (both market rate and affordable) on the project site. Motion carried. On the issue of Controlling Design, Councilwoman Bacharach moved, seconded by Mayor Brooks to modify C.U.P. No. 163 to require that within one year of this approval, the developer shall submit a full description of the project components, including the design of the onsite affordable housing units which is in full conformance with the approval granted by the City. Within the same period of time, the developer shall submit a conceptual site plan and elevations reflecting the approved project. This plan must be reviewed and approved by the Planning Commission. Motion carried. Regarding whether units should be rented or owned, Councilman Kuykendall moved, seconded by Councilwoman Bacharach that all units should be rental units. Motion carried. Apropos of the factor of safety, Councilwoman Bacharach moved, seconded by Councilman Kuykendall, that the affordable housing units shall be located in an area of the site which demonstrates a minimum factor of safety of 1.5, that no CITY COUNCIL MINUTES OCTOBER 5, 1993 PAGE 7 portion of the affordable units shall be located in an area currently zoned Open Space Hazard (OH). Motion carried. Councilwoman Bacharach moved, seconded by Mayor Brooks to ADOPT RESOL. NO. 93 -89 APPROVING ADDENDUM NO. 2 TO ENVIRONMENTAL IMPACT REPORT NO, 36 IN CONJUNCTION WITH THE RE- APPROVAL OF VESTING TENTATIVE TRACT MAPS NOS. 50666 AND 50667, TENTATIVE PARCEL MAP NOS. 20970 AND 23004, CONDITIONAL USE PERMIT NOS. 162 AND 163, AND GRADING PERMIT NO. 1541 FOR AN 83 LOT RESIDENTIAL PLANNED DEVELOPMENT, PUBLIC OPEN SPACE, AND AN 18 -HOLE PUBLIC GOLF COURSE AND RELATED FACILITIES LOCATED IN COASTAL SUBREGIONS 7 AND 81 WHICH COMPRISE THE DEVELOPMENT PROPOSAL KNOWN AS OCEAN TRAILS. Motion carried. Councilwoman Bacharach moved, seconded by Councilman McTaggart to ADOPT RESOLUTION N09 93 -90 RE- APPROVING VESTING TENTATIVE TRACT MAP NO. 50666 AND TENTATIVE PARCEL MAP NO. 23004 FOR A RESIDENTIAL PLANNED DEVELOPMENT WITH 40 SINGLE FAMILY LOTS, A PUBLIC GOLF COURSE, AND PUBLIC OPEN SPACE LOCATED ON A 153.9 ACRE SITE LOCATED IN COASTAL SUBREGIONS 7 AND 81 WHICH ARE PART OF THE DEVELOPMENT PROPOSAL KNOWN AS OCEAN TRAILS. Motion carried. Mayor Brooks moved, seconded by Councilwoman Bacharach to ADOPT RESOLUTION NO. 93 -91 RE- APPROVING VESTING TENTATIVE TRACT MAP NO, 50667 AND TENTATIVE PARCEL MAP NO. 20970 FOR A RESIDENTIAL PLANNED DEVELOPMENT WITH 43 SINGLE FAMILY LOTS, A PUBLIC GOLF COURSE, AND PUBLIC OPEN SPACE LOCATED ON A 107.5 ACRE SITE LOCATED IN COASTAL SUBREGIONS 7 AND 81 WHICH ARE PART OF THE DEVELOPMENT PROPOSAL KNOWN AS OCEAN TRAILS. Motion carried. Councilman McTaggart moved, seconded by Mayor Brooks to ADOPT RESOLUTION N0.93 -92 RE- APPROVING CONDITIONAL USE PERMIT NO. 162 AND GRADING PERMIT NO. 1541 FOR A RESIDENTIAL PLANNED DEVELOPMENT AND PUBLIC OPEN SPACE IN ASSOCIATION WITH VESTING TENTATIVE TRACT MAP NOS. 50666 AND 50667 AND TENTATIVE PARCEL MAP NOS. 20970 AND 23004 LOCATED IN COASTAL SUBREGIONS 7 AND 8, WHICH ARE PART OF THE DEVELOPMENT PROPOSAL KNOWN AS OCEAN TRAILS. Motion carried. Councilman McTaggart moved, seconded by Mayor Brooks to ADOPT RESOLUTION NO. 93- 93 RE- APPROVING CONDITIONAL USE PERMIT NO. 163 AND GRADING PERMIT NO. 1541 FOR A PUBLIC GOLF COURSE AND PUBLIC OPEN SPACE IN ASSOCIATION WITH VESTING TENTATIVE TRACT MAP NOS. 50666 AND 50667 AND TENTATIVE PARCEL MAP NOS. 20970 AND 23004 LOCATED IN COASTAL SUBREGIONS 7 AND 81 WHICH ARE PART OF THE DEVELOPMENT PROPOSAL KNOWN AS OCEAN TRAILS. Motion carried. Council requested that copies of these documents be placed in the Friday report. RECESS AND RECONVENE: At 10:22 P.M. the Mayor announced a recess. The meeting reconvened at 10:35 P.M. SILVER SPUR ROAD FISCAL YEAR 93 -94 CIP PROJECT TRAFFIC ENGINEERING SERVICES (602 x 1204) Director of Public Works Pulliam presented the staff memorandum of October 5, 1993 and the recommendation to (1) AUTHORIZE STAFF TO SOLICIT REQUESTS FOR PROPOSALS (RFPs) FROM REGISTERED TRAFFIC ENGINEERS TO PERFORM A TRAFFIC STUDY OF THE SILVER SPUR ROAD FY 93 -94 CIP PROJECT. (2) AUTHORIZE STAFF TO SELECT THE MOST QUALIFIED REGISTERED TRAFFIC STUDY ENGINEER AND PROCEED WITH THE STUDY. (3) AUTHORIZE THE MAYOR AND THE CITY CLERK TO SIGN AN AGREEMENT WITH THE SUCCESSFUL CONSULTANT IN A FORM APPROVED BY THE CITY ATTORNEY. (4) DELETE REFERENCE TO HAWTHORNE BLVD ON EXHIBIT "Avg* In light of previous action prohibiting parking on Hawthorne Boulevard, Council inquired if it was really the intent of this study to identify the optimum CITY COUNCIL MINUTES OCTOBER 51 1993 PAGE 8 parking spaces on Silver Spur Road and Hawthorne Boulevard adjacent to the high school as indicated on Exhibit "A" of the staff report. Councilwoman Bacharach moved, seconded by Councilman Kuykendall to eliminate the reference to Hawthorne Boulevard. Council discussion of this motion focused on the fact that the pavement of Hawthorne Boulevard was constructed to accommodate heavier and slower moving traffic on the right hand lane and that it was not considered safe to allow parking adjacent to that lane. Reference, however, was then made to the studies which maintained that parking was indeed safe in that lane. The motion carried on a three - one vote with Mayor Brooks voting in opposition. ORDINANCE NO. 291 - ESTABLISH A GOLF TAX (602 X 1101 X 1501) Assistant City Manager Antil presented the staff memorandum of October 5, 1993 and the recommendation to adopt Ordinance No. 291 and noted that this ordinance had been re- introduced at the September 21 meeting. Speaking in opposition to this ordinance was Lois Larue, 3136 Barkentine Road. Councilman Kuykendall moved, seconded by Councilman McTaggart to adopt ORDINANCE NO. 291 OF THE CITY OF RANCHO PALOS VERDES AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING CHAPTER 3.40 TO ESTABLISH A GOLF TAX. The motion carried on the following roll call vote. AYES: KUYKENDALL, McTAGGART, & MAYOR BROOKS NOES: BACHARACH ABSENT: NONE ABSTAIN: NONE Councilwoman Bacharach restated her opposition to the 10% rate set for this tax was. SOUTH BAY CITIES ASSOCIATION - STATUS REPORT ON ORGANIZATIONAL ALTERNATIVES & RECOMMENDATIONS (306 x 1102 x 1204) Public Works Director Pulliam presented the staff memorandum of October 5, 1993 and the recommendation to review and discuss the item and receive and file this status report. Councilman McTaggart stated that he placed this in the agenda packet as an informational item only and to apprise the Council of what is going on in this organization. Council briefly discussed the report but no action was taken on this matter. CITY MANAGER EMPLOYMENT AGREEMENT (1101 x 1202) City Attorney Lynch presented the memorandum of October 5, 1993 and the recommendation to approve the employment agreement between the City Manager and the City of Rancho Palos Verdes. Speaking in opposition to the terms of this agreement was Lois Larue, 3136 Barkentine.Road. Barbara Ferraro, 4530 Seaglen Drive, prefaced her remarks by Stating that these comments were not directed personally at the City Manager, however, since there would be two new members on the council within the next two months, she felt it was imprudent to be considering this matter at this time. She urged postponement of a decision until the new councilmembers are seated. Council then pointed out that the City Manager had sent letters -to the Council CITY COUNCIL MINUTES OCTOBER 5, 1993 PAGE 9 candidates about this agreement encouraging them to get in contact with him prior to leaving on vacation. Additionally, they stated that they had been evaluating him for a long time and that they had prompted him to present this contract. After a brief discussion of whether this should be delayed until after the election, Councilwoman Bacharach moved, seconded by Mayor Brooks to delay this until the next agenda to allow time for Ms. Ferraro to meet with the City Manager and discuss the matter. Motion carried. AD HOC ADVISORY GROUP - PEDESTRIAN /TRAFFIC SAFETY (1101 x 1502) Assistant City Manager Antil presented the memorandum of October 5, 1993 and the recommendation to authorize the Director of Public Works and the Traffic Committee ( subcommittee on Traf f is Safety ) to participate in an Ad Hoc Advisory Group called together by the Palos Verdes Council of Parent - Teacher Associations to assist in the evaluation of several pedestrian and traffic safety issues in the Basswood Avenue /Peninsula High School area. It was the consensus of Council that both the Chairman of the Traffic Committee and a high school student representative should attend this meeting. Also, it was agreed that if this left turn matter became a safety issue that staff bring this matter back to the council earlier than the projected four months. Staff expressed concern about this timeline, however if it was determined to be a safety issue it would be brought back to the Council. Council suggested that updates on the traf f is patterns be presented in the Friday Report and also that the information be relayed to the principal at Silver Spur School. Council consensus was to approve the staff recommendation. CITY COUNCIL REPORTS: VERBAL CITY COUNCIL REPORTS: Mayor Brooks reported on her meeting with representatives from R.U.L.E. and with L. A. Unified School District Member Warren Furutani in an effort to. get some cooperation from the L. A. School District vis -a -vis the bill introduced by Senator Quackenbush to allow interdistrict transfers. LEAGUE OF CALIFORNIA HOUSING ELEMENT REFORM PROPOSAL (306) Council briefly discussed the League of California's Housing Element Reform Proposal and in particular that section dealing with Receipt of New Discretionary Revenues and how this might affect the City's receipt of increased tax revenue. It was the consensus that since this document is being worked on by three different groups that it be a while before it is close to adoption. It was the consensus that at the League Conference, Mayor Pro Tem Kuykendall should vote on this matter as he deemed appropriate. STATUS OF DIRECTIVES No changes were made to the document as presented. CITY COUNCIL MINUTES OCTOBER 5, 1993 PAGE 10 ADJOURNMENT: The meeting adjourned at 11:21 P.M. on motion of Councilman Kuykendall. C� MA OR ATTEST: CIu1Y CLERK CITY COUNCIL MINUTES OCTOBER 5, 1993 PAGE 11