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CC MINS 19900306M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 6, 1994 The meeting was called to order at 7:34 P.M. by Mayor Hughes, The Pledge of Allegiance to the flag was then recited. Roll call was answered as follows: PRESENT: MCTAGGART, RYAN, BACHARACH AND MAYOR HUGHES LATE ARRIVAL: HINCHLIFFE 9 :55 P.M. Also present were City Manager William Cornett, Jr., Deputy City Manager Mark Rohloff, Environmental Services Director Robert Benard, City Attorney Ariel Pierre Calonne, Public Works Director George Wentz, City Clerk Jo Purcell, and Recreation and Parks Director Mary Thomas. WAVER OF FULL READINGS Councilman Ryan moved, ORDINANCES AND RESOLUTIONS seconded by Mayor Hughes and carried to waive reading in full of all ordinances and resolutions adopted at this meeting with consent to the waiver of reading deemed to be given by all councilmembers after reading of the title of such ordinance or resolution. APPROVAL OF AGENDA Councilman McTaggart moved, seconded by Councilman Ryan and carried to add to the agenda the staff report regarding the CDBG Funds. Said issue considered an urgency item and the need for having to act on and add to the agenda arose after the agenda had been printed and published. Councilwoman Bacharach moved, seconded by Councilman Ryan and carried to add the item on legislation, ACA -1, be considered at this meeting. Said item was considered an urgency item because there would be a hearing held on this matter on March 14th and the need to consider this legislation arose after the printing and publication of the City Council agenda. The item regarding the Award of Construction Contract for Eastview Park was delayed pending hearing by the Parks and Recreation Committee and the Planning Commission. CEREMONIAL MATTER: proclamation in appreciat Palos Verdes Peninsula and office on the Palos Verdes from 1985 through 1989. Mayor Hughes presented to Sally Burrage a ceremonial ion for her contributions to the in particular for her tenure of Peninsula Unified School District CONSENT CALENDAR After removal of the minutes to the end of the agenda the Consent Calendar was approved as follows on motion of Councilwoman Bacharach, and seconded by Councilman McTaggart, RELEASE OF FENCE SECURITIES TRACT 40640 (LUNADA POINTE) (1411) Performance Bond. ( 2 ) Dire, surety and the developer. (1) Accepted the on -site fencing improvements as complete and released the re- maining 50% of the Faithful cted the City Clerk to notify the RANCHO PALOS VERDES PARK Awarded the contract to IMPROVEMENTS - AWARD OF Moonlighting Engineering at a CONTRACT (1241) cost not to exceed $19,793, plus provide a 10% contingency of $1,980 for a total of $21,773. ELDENA DRIVE RECONSTRUCTION Awarded the contract to Excel PROJECT - (1204 X 1404) Paving at a cost not to exceed $49,999.99 plus provide a contingency of $5,000.01 for a total of $55,000. CONCRETE REPAIR PROGRAM Awarded the contract to Damon FY89 -90 - AWARD OF CONTRACT Construction Company at a cost (1204 x 1405) not to exceed $75,156.50 plus provide a contingency of $7,515.65 for a total of $82,672.15. MORATORIUM EXEMPTION NO. 36- Approved with conditions the LOCATION: 28 NARCISSA (1801) exemption request allowing the applicants Mr. & Mrs. Larry Horan, to pursue required City permits for 528 sq. ft. detached garage and conversion of 200 sq . ft. of an existing garage to habitable area. RESOLUTION NO. 90 -12 Adopted RESOLUTION NO. 90 -12 REGISTER OF DEMANDS 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: McTAGGART, RYAN, BACHARACH AND MAYOR HUGHES ABSENT: HINCHLIFFE RECYCLE LOTTERY DRAWING Larry Davis a resident of Kings Harbor Drive was picked as the winner for the recycle lottery for the month of April. Council announced that new lottery cards would be going out in the next billing. 0"2- MARCH 6, 1990 CONDITIONAL USE PERMIT Environmental Services Director NO. 147 - PAN ASIAN BUILDING Benard presented the staff (1804) recommendation to deny the appeal thereby upholding the action of the Planning Commission conditionally approving the project, Council inquiry then centered on the masking of the view problem with the mound that was the result of dumping that occurred on that property; the effects on the view if the mound was removed; the view corridor that exists between the Admiral Risty Restaurant and the church; and how long the mound of dirt has existed at that location and when it was last altered. The property owner, Walter Zell, 3011 Caddington Drive, Los Angeles, told the Council that the mound was a natural occurrence, that it has been there for at least the last 12 years and that it appears on the elevation drawings. He disagreed with the contention that fill-had been dumped on the property. He told the Council that he had complied with all of the notice requirements, that restrictions were placed on the location of the air conditioning units, he has installed privacy windows, and that the building is adequately set back from Palos Verdes Dr. South. Representing the appellant was Linda Steidel, 62 Villa Capri, who reported that the appellant Mr. John Douglass was out of the country and requested that the matter be continued until his return. Susan Gulcher, 30034 Via Borica, representing St. Paul's Church, stated that the church members have no objections to this project and that the property owner has been cooperative. Councilman McTaggart moved, seconded by Councilman Ryan to continue to March 24th the hearing on this item to get the remarks from the appellant. Discussion then resumed concerning the mound that existed on the property and whether it was natural or imported and in either case, the effects this would have on the development of the property, Council additionally inquired about the availability of the model of the project; whether any consideration had been given to grading even lower on the site; the impediment that the storm drain might present; whether that storm drain is on -3- MARCH 6, 1990 the property line or within the property; and its proximity to the excavation for the subterranean parking. Muriel Titzler, 3 Gingeroot Lane, told the Council that she has lived in the area since the mid- 1950's and that the dirt dumped at this location was originally on the site where Villa Capri is presently located. She described the area as having a narrow road where Hawthorne now exists and that a ranch house existed in the area where the shopping center presently exists. With the permission of the second, the motion was amended to require that staff determine the roofing material to be used and its appearance; determine the location of the foundation for the subterranean garage; the location of the air conditioning units; that the applicant present the model depicting the project in-its present configuration; that staff determine the genesis of the mound and whether or not it effects how this project is dealt with. Additionally, that staff get a conceptual idea of how the building structure will be protected in light of the drainage of this area. Discussion then centered on the size of the property and the fact that the underground parking allows a bigger building, whether it would be more desirable to push the building back and install at grade parking in front of the building or push the building forward and put the at grade parking in back. The motion as amended carried unanimously. RECESS: At 9 :36 P.M. the Mayor declared a recess. At 9 :45 P.M. the meeting reconvened. AUDIENCE QUESTIONS: Jack Downhill, 20 Vanderlip Lane, referred to his letter to the editor of the P.V. News regarding the Monaghan project. Erica Stuart, 80 Narcissa Drive, cited an article appearing in the Wall Street Journal concerning the financial condition of VMS Anden. (At 9:55 Councilman Hinchliffe arrived). Lois Larue, 3136 Barkentine, alluded to the celebration of the Jewish Experience and presented a momento to Councilwoman Bacharach. Richard Bara, 1 Peppertree, inquired about the legislation under consideration by SCAG regarding low cost housing and -4- MARCH 6, 1990 inquired about the effects that this legislation might have on the City. Staff explained the regional housing element and the City's obligation in fulfilling the requirement of that element. CROSSING GUARD POLICY (1503) Director Wentz presented the staff memorandum of March 6th and the recommendation for staff to evaluate requests for crossing guards using State of California warrants for adult crossing supervision. Council then inquired how local warrants could be established; the legality of standards for local warrants; and if the City could on a temporary basis, establish crossing guards because of the lack of bus service. Barbara Dye, Safety Chairwoman of the Vista Grande P.T.A., 7035 Hartcrest Drive, told the Council it is possible that more children would walk to school if a crossing guard was provided. Kim Van Biene, 21 Oceanaire, representing the Soleado School P.T.A., supported the establishment of local warrants for crossing guards at elementary schools. Dee Williams, representing the Mira Catalina P.T.A., 55 Cayuse Lane, also spoke in support of local school warrants. Chris Glassey, 6982 Verde Ridge Road, representing the Vista Grande P.T.A. also spoke in support of this proposal. Council resumed its discussion and attention focused on the funds used to pay for this crossing guard; whether a crossing guard was needed for 4 hours a day or if two hours was adequate; and if consideration should be given to an educational program utilizing a community services type officer on a revolving basis at the schools. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe that staff review the necessity of 4 hours for the crossing guard instead of just 2; that a police car be evaluated on a revolving basis and that staff research what it takes to establish local warrants; additionally, that the Vista Grande P.T.A. request for recycling funds be withdrawn. The motion carried unanimously. It was the consensus that that item be brought back in one month. LUNADA POINTE - TRACT 40640 Director Benard presented the (1411 x 1801) staff memorandum of March 6th and the recommendation to determine whether grading on individual Lunada Pointe lots is acceptable or excessive and alluded to the following proposed guidelines: (1) Lots 1 -17 (Marguerite Drive): No excavation other than as needed to level pads; shouldn't exceed 200 -300 -5- MARCH 6, 1990 cu. yds.; except that for lots 11 -14 and 17, minimal subterranean construction may be permitted, since all are limited to one -story heights and less than 12,000 sq. ft. of usable area. Grading should be limited so that the total cut does not exceed 500 cu. yds. and export should be minimized. (2) Lots 18 -22 (Laurel Drive): No excavation other than to level pads and to cut back the transition slope for split level design; lower level not to intrude past slope break; should generally not exceed 500 -700 cu. yds. of cut and export should be minimized. (3) Lots 23 -25 (Laurel Drive): Grading only to level pads; generally not to exceed 200 cu. yds. (4) Crawl spaces below grade should be minimized. Wine cellars may be permitted if cellar is designed in shape and size to discourage use as living space. Council inquired if adoption of these guidelines would permit the grading permit No. 1322; and the number of homes that these guidelines would apply to. Tim Burrell, 4038 Exultant Drive, requested that per the request of the homeowners association that consideration of these guidelines be postponed until a later meeting. He stated that resolution of these grading guidelines would not affect the issuance of the permit for 75 Marguerite Drive. Councilwoman Bacharach moved, seconded by Councilman Ryan and carried to continue this item to March 20th. GRADING PERMIT No. 1322 - Director Benard presented the 75 MARGUERITE DRIVE staff memorandum of March 6th (1411 X 1801) and the recommendation to uphold the appeal but approve the applicant's revised plans, limited to a maximum of 586 cubic yards of cut, subject to further staff and geotechnical review. Councilman McTaggart stated for the record he received a call from the applicant who requested a meeting to discuss this issue. He agreed to meet the applicant at the project. Later, however, he was advised by the City Attorney that a meeting with the applicant would constitute an ex parte communication. He further stated that, unable to reach the applicant by phone, he met her at the project site whereupon he advised her that he was unable to discuss the project. Councilwoman Bacharach moved, seconded by Councilman Ryan to waive the appeal fee on this matter. The motion carried on the following roll call vote: AYES: HINCHLIFFE, RYAN, BACHARACH AND MAYOR HUGHES ABSTAIN: McTAGGART -6- MARCH 6, 1990 Liza Gunaratna, 4205 Alonzo Ave., Encino, CA., the designer of this project, expressed appreciation and gratitude to the Council and to the staff for their efforts on this project and stated that she agreed with the staff recommendation. Councilman Ryan moved, seconded by Councilwoman Bacharach to adopt the proposed resolution. A brief discussion followed regarding the resolution and it was the consensus that since amendments needed to be made to it that its adoption be considered after the break. RECESS At 11 :25 the Mayor declared a brief recess. At 11:35 P.M. the meeting reconvened. The proposed resolution was presented by title: Resolution 90 -13 UPHOLDING THE APPEAL OF GRADING PERMIT NO. 1322 AND APPROVING GRADING PERMIT NO. 1322 REVISION. The motion carried on the following roll call vote: AYES: McTAGGART, RYAN, BACHARACH AND MAYOR HUGHES NOES: HINCHLIFFE WALLACE RANCH RADIO PARK (1201) Revised Parks Master Plai Wallace Radio Ranch Park operate the park jointly Director Thomas presented the staff recommendation to approve the recommendation amending the a to include the development of the as an 'A' priority, to fund and with the Wallace Radio Ranch Foundation; direct staff to initiate ground breaking ceremonies; begin grant funding research and prepare details of a proposed joint operations agreement and fiscal analysis. Council inquired if the Parks and Recreation Committee had seen this proposal; whether public hearings had been held on this item; and if the Parks and Recreation Committee should be consulted before changing the priority of the Parks Master Plan. Additionally, they questioned if adequate public hearings had been held to notify the neighborhood; and considering the restrictions on the use of Quimby Act Funds which were used for the purchase of this property, how that would affect the commercial operation proposed for that location. The following persons spoke in favor of the staff recommendation: ,Toe Locasio, 29703 Whitley Collins; John Vanderlip, 99 Vanderlip Drive; John Alexander, 28403 Covecrest Drive; Dick Mills, 26760 Shadowwood; and Ken Dyda, 5715 Capeswood Drive. ,Toe Locasio presented a brief biography on each of the speakers. Mr. John Vanderlip read a prepared statement dated February 28, 1990. (This statement -7- MARCH 6, 1990 is on file with the City Clerk's office.) Mr. Alexander reviewed the development of the foundation and the fundraising efforts that the foundation has pursued. Mr. Mills talked about the history and development of communications on the Peninsula and presented a floor plan of the museum. Joe Locasio explained the development phases and the anticipated income and expenses. Council inquired if the foundation expected a surplus even without the agreement with Motorola Corp., what the appearance of the antenna would be like; whether it would be free standing or require guy wires and if the mast would be suitable for mounting amateur antennas. Ken Dyda said that in addition to the docents there would be one staff position. He explained that this museum would provide the City with an opportunity to preserve its scientific and cultural heritage, that operation of the museum would be at no cost to the City, that formation of the docent program is in the formative stage; and that this facility could provide emergency communications for police and fire* Council questions then centered on the anticipated attendance at the museum; what would happen if the anticipated attendance did not develop; the fact that the funds would be used for the building of the outer shell of the museum; if the foundation had given any additional consideration to adding to the proposed building; and, the priority of this museum. Councilman Hinchliffe proposed a motion that this item go back to the Parks and Recreation Committee to make a recommendation to the City Council. Additional discussion ensued relative to remanding this project to the Parks and Recreation Committee and the staff to continue developing the details of the proposed operation and fiscal analysis; and, if this was an appropriate time to contemplate ground breaking. Councilwoman Bacharach moved, seconded by Councilman Ryan to give the Wallace Ranch Foundation encouragement and applaud them on their progress and send this matter to the Parks and Recreation Committee for more detailed analysis on the financial operation, and analysis of the priortization of where this fits into the Parks and Recreation Plan. Discussion then ensued about the process of this park versus the process for other parks; and the fact that antennas existed at this location prior to the development of the property. -8- MARCH 6, 1990 Councilwoman Bacharach's motion failed on the following roll call vote. AYES: RYAN AND BACHARACH NOES: MCTAGGART, HINCHLIFFE AND MAYOR HUGHES Councilman Ryan moved, seconded by Councilwoman Bacharach to adjourn the meeting. The motion failed on a 3 -2 vote with Councilmembers Hinchliffe, McTaggart and Mayor Hughes voting in opposition. Councilman Hinchliffe moved, seconded by Councilwoman Bacharach to send this matter to the Parks and Recreation Committee for their recommendation as to priority and to send a signal that the Council is prepared to go forward with this in the normal process. Discussion then ensued about the clarification of the process which was determined to be that this matter would be reviewed by the Parks and Recreation Committee and the Planning Commission. Motion carried on the following roll call vote: AYES: McTAGGART, HINCHLIFFE, RYAN AND BACHARACH NOES: MAYOR HUGHES FOUR CITIES PARKS AND RECREATION COMMITTEE (1201) authorize staff to proceed cities to participate in a Committee. Parks and Recreation Director Mary Thomas presented the staff recommendation of March 6th that the City Council with invitations to the Peninsula Four Cities Parks and Recreation Council then recommended that the invitation come from the Mayor and not from the staff; that the committee have clearly defined parameters; and that there be clarification of the committee's membership. Council also inquired how this would effect the existing Four Cities Trails Committee. Councilman Hinchliffe moved, seconded by Councilman Ryan and carried to adopt the staff recommendation. PROP M IMPLEMENTATION - Environmental Director Benard VIEW ANALYSIS FOR SITE PLANS presented the staff (1801) recommendation of March 6th to direct staff to require a Covenant to protect Views on an interim basis (prior to preparation of official administrative regulations) for site plan and other "over- the - counter" reviews in lieu of on -site vegetation reviews and view analyses. Warren Sweetnam, 7 Top Rail, expressed his opposition to the Council's adoption of such a covenant and questioned whether -9- MARCH 6, 1990 it was in compliance with Proposition M. Council then discussed the fact that adoption or implementation of this covenant really strengthened the terms of Prop. M. Moreover, they discussed the fact that a resident has the option of signing this covenant and getting immediate authorization for a building permit, versus having the staff go to the site and performing a view analysis. John Arand, representing the Rancho Palos Verdes Homeowners Association, presented a prepared statement to the Council from that organization stating opposition to the passage of this landscape covenant. (That statement is on file with the City Clerk's office.) Councilman Hinchliffe moved, seconded by Councilman McTaggart that this covenant be modified to allow residents the choice of signing such a document or not. The City Attorney requested that this matter be brought back in a form of a resolution. The motion carried unanimously. ORDINANCE - LEVYING A FEE The City Manager presented FOR UNRULY ASSEMBLAGE the staff memorandum of March (1206) 6th and the recommendation to authorize the City Attorney and City Manager's office to research and draft an ordinance to address loud and unruly assemblages. Council requested that they be informed of the average cost of police protection for such unruly assemblages. Councilman Ryan moved, seconded by Councilman Hinchliffe and carried to adopt the staff recommendation. COMMUNITY LEADERS' BREAKFAST Council set Saturday, May 12th (307) as the date for the Community Leader Breakfast with the location of the meeting to be determined by staff. CDBG BLOCK GRANT FUNDS Director of Public Works George (601) Wentz presented the staff memorandum and the recommendation to approve the expenditure of sixteenth (16th) year Community Development Block Grant (CDBG) funds on the "CDBG Portuguese Bend Landslide Mitigation Project." -10- MARCH 6, 1990 Councilwoman Bacharach moved, seconded by Mayor Hughes to approve the staff recommendation. The motion carried. CITY COUNCIL REPORTS: CITY COUNCIL CHAMBERS - Councilman Ryan requested that PURCHASE OF AUDIO EQUIPMENT the Council consider (302 x 307) appropriating an amount not to exceed $10,000 for the purchase of audio equipment for the Council chambers. It was the consensus that the City Manager would look into this matter and report back at the March 20th meeting. EASTVIEW /MIRALESTE SITUATION Councilman Ryan inquired about the status of the school situation in the Eastview area. Councilwoman Bacharach reported that she is in touch with RULE and has been having conservations with Los Angeles School Board member Furutani about this matter. Apparently, the issue of open enrollment is now being considered and if permitted would allow for Eastview residents to enroll in the Palos Verdes Peninsula Unified School District. RECYCLING (1301) Councilman Ryan suggested that a member of staff go to the Recycling conference scheduled to be held in Del Mar. Said conference was being held to discuss the new State recycling laws and its effects and implications for the City. Councilwoman Bacharac3 Attorney's office was the Council regarding CITY MANAGER REPORTS: FALSE ALARM ORDINANCE REVISION - h reported that Terry Trumbull of the planning on making a presentation to the implications of AB 9390 The consensus was to carry this item over until the March 20th meeting. STATUS OF COUNCIL DIRECTIVES Council inquired about the status of the Building and Safety contract proposals. It was the consensus that Council should be given a copy of these proposals and the analysis prepared by staff. The City Manager said he would be presenting a report to Council at the March 20th meeting. VICIOUS DOG LEGISLATION The City Attorney summarized (144) his opinion letter of March 6th dealing with legislation for -11- MARCH 6, 1990 vicious dogs. He recommended that the City continue using the Municipal Court Vicious Dog Determination procedures at least initially until the new State law becomes familiar to the courts and has withstood the test of legal challenge. Council discussion ensued regarding incidents involving pit bulls and in particular an incident wherein a City resident lost part of finger as a result of being attacked by a pit bull. Speaking in opposition to the adoption of restrictive legislation on pit bulls was Tony Elich, 6902 Purpleridge Rd., who expressed her opposition to legislation directed at this particular breed dog. She said that her dog Tyson had been destroyed. Councilwoman Bacharach moved, seconded by Councilman McTaggart that the City request a history and analysis from the SPCA about vicious dog incidents and that staff examine what the City is getting in services from the SPCA. RESIDENTIAL PLAN The City Council set Monday, DEVELOPMENTS - CITY May 7th at 7:30 P.M. as the - COUNCIL- PLANNING COMMISSION date to hold a workshop with WORKSHOP (307) the Planning Commission concerning Planned Residential Developments. CITY COUNCIL MEETING - The City Council set Monday APRIL (307) April 2nd as the date for the first Council meeting in April. Said meeting to have a time certain adjournment of 11:00 P.M. LEGISLATION - ACA 1 The City Manager presented (306) his memorandum of March 6th and the recommendation to join the League of California Cities in supporting ACA 1. (McClintock) - State mandated local programs. Councilwoman Bacharach moved, seconded by Councilman McTaggart and carried to approve the recommendation. ITEMS REMOVED FROM THE CONSENT CALENDAR. MINUTES - FEBRUARY 6TH AND Councilwoman Bacharach moved, 20TH seconded by Councilman -12- MARCH 61 1990 Hinchliffe to approve the minutes as amended for minor corrections. ADJOURNMENT: At 2:10 A.M. the meeting adjourned on motion of Councilman McTaggart and carried. MA Y01i ATTEST/;) TY CLERK am 13 -- MARCH 6 r 1990