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CC MINS 19900417M I N U T E S, RANCHO PADS VERDES CITY COUNCIL REGULAR MEETING APRIL 17, 1990 At 6,30 P.M. the meeting was called to order by Mayor Hughes 29301 Hawthorne Boulevard. at Hesse Park Community Center, CLOSED SESSION The City Attorney requested a closed session be held pursuant to Gov't. Code Section 54956.9 (b) since he had become aware- of the threat of litigatione COUNCIL AUDIO.SYSTEM Representing V J Electronics was Gary Ford, who summarized his background in the audio electronics business and described the automatic mixer system that he was proposing for installation in the Council chambers* (At 7• 409 P.M. Councilman McTaggart arrived.) He explained haw this system can be set-up and dismantled and described.the type of speakers to be installed and how they could be adjusted to each speaker* Council then inquired about certain features of the system, and the cost, and the suggestion was made that perhaps this proposal should go to a Council sub-committee. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe that individual members.could meet with Mr. Ford and review the system and get an idea of what it looks like and report back ' to the Council within two weeks- if Councilmembers don't have an opportunity to.look at the system that should be no reason for holding up its P urchase. Motion carried unanimous ly. RECYCLING Terry Trumbull of the City Attorney's office made a presentation on'the significant changes that have taken place in the solid waste management fiel-d in light of AB939. He explained that every city is now mandated to recycle 2.5.% of its waste by January 1, 1995 and 5 . 0% of its waste by January 1, 2000. Mr. Trumbull explained the city's responsibilities under this new law in dealing with source reduction; the components that each City-must to the fact that the cities include in its recycling element; implementing must demonstrate the fundin'g.sources to pay for this waste management plan; the development of the County siting element which must prov ide for 15 years of disposal capacity- and, the task force that must be formed to commence r the planning processes for adherence to this new regulation. The presentation concluded with the consensus that the Solid Waste sub-committee (Ryan and Bacharach) will continue to report to the City Council over the next 13 months regarding the implementation of this new law. The regular business meeting was called to order at 7:30 P.M. by Mayor Hughes. After the Pledge of' Allegiance to the flag roll call was answered as follows: PRESENT: McTAGGART, HINCHLIFFE, RYAN,, BACHARACH AND MAYOR HUGHES Also present were City Manager.William Cornett, Jr., Environmental Services Director Robert Benard, Public Works Director George Wentz, Deputy City Manager Mark Rohloff, City Attorney Ariel P. Calonne and City Clerk Jo Purcell. CEREMONIAL MATTERS St. Laurence School, participating in the Hills High School. Mayor Hughes presented a proclamation to students from Bradford,-On-Avon,. England, who were student.exchange'program with Rolling WAIVER OF FULL READINGS Councilwoman Bacharach moved, ORDINANCES AND RESOLUTIONS seconded by Councilman Hinchliffe 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 The agenda was approved on motion of Councilman Hinchliffe, seconded by Councilwoman Bacharach and carried. CONSENT CALENDAR After removal of the Resurfacing Project for Bronco Drive and Martingale Dr; Community Development Block Grant Funds for Portuguese Bend Landscape Mitigation projects, Transfer and Conveyance of Storm Drain Improvements, Fee Waiver for the Congregation Ner Tamid, Installation of Red Curbs on Crest Road, and, a resolution approving a Modification to a Resolution of Intention in the Matter of County Improvement.No. 2651 -M (Abalone Cove) to be discussed later in the meeting,, the Consent Calendar was approved as follows on motion of Councilman Hinchliffe, seconded by Councilwoman Bacharach. MINUTES Approved the minutes of March 26, 1990. -2- APRIL 17, 1990 RESOLUTION ND. 90-18 - C . U . P . #147 PAN AS I AN BUILDING (1804) APPLICATION NO. 1274, AND ENVIRONMENTAL ASSESSMENT 31270 PALOS VERDES DRIVE CORRECTION OF MINUTES (301-) Approved RESOLUTION NO. 90 -18 DENYING THE APPEAL OF CONDITIONAL USE PERMIT NO. 147, VARIANCE NO. 236, GRADING A NEGATIVE DECLARATION FOR NO. 578 FOR A COMMERCIAL BUILDING AT WEST, THEREBY APPROVING THE PROJECT. ENVIRONMENTAL IMPACT REPORT NO. 16 TRACT NO. 37885 - FORRESTAL GRADING PROJECT (1411) supplemental E.I.R. No. 16 Project Approved correcting the minutes of January 22, 1994. Authorized the Mayor and City Clerk to sign the contract between the City and Planning and Design Solutions (PDS) for the preparation of for the Forrestal Grading RESOLUTION NO. 90 -19 Adopted RESOLUTION NO.'90 -19 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, HINCHLIFFE, RYAN, BACHARACH AND MAYOR HUGHES ABSENT: NONE PUBLIC HEARING: LONG POINT GENERAL PLAN . Environmental Services Director INITIATION REQUEST (1844) Robert Benard presented the staff memorandum of April 17th which contained a detailed description of this request to initiate a General Plan and Coastal Specific-Plan amendment for specific areas at Long Point from their present commercial recreational land -use designation to the residential /one to two dwelling units per acre- of land -use designation. The report summarized the major elements of the revised Long Point project description as a reduction in the number of proposed hotel rooms to 495 rooms, replacement of a 9 - hole /3 par golf course with 5 regulation holes and inclusion of residential development. Director Benard reviewed the direction of Council at the March 20th meeting that staff further investigate certain inconsistencies in the application relating to proposed residential acreage and densities and the direction to investigate what alternatives existed to approving an unrestricted General Plan - Coastal -3-- APRIL 17, 1994 Specific Plan amendment and what conditions would be appropriate to impose on the proposed request should it be authorized to * move forward. Additionally, staff was directed to investigate.- in cooperation with the applicant, what specific extraordinary benefits the City might derive from a possible change in land use in subsequent zone change. Mr. Benard described the ,preliminary ,analysis of,the Filiorum property in order to assess ways to reduce or offset the impacts of additional and previously unanticipated residential development in the coastal zone. As a result of that analysis staff identified three areas in which the City might condition the-General Plan/.Coastal Specific Plan amendment in order to control its potentially far reaching land-use implications and -provide the City with -offsetting benefit for approving the request. These areas involved,both the Long Point an&Filiorum..properties and included control rol over the location of new residential development, control over residential development densities, and preservation..Of open space land. Consistent with City land-use and coastal development policies, these areas would insure public access to and enjoyment of the coast line and preserve open space. Upon completion of the investigation directed by the City Council, staff recommended that the General Plan/Coastal Specific Plan amendment initiation request be approved; that such an approval contain several conditions which would address the amount and location of any acreage, specify the maximum densities to be permitted and specify the amount of acreage to be preserved as permanent open-space. The final recommendation was that the City Council approve the General Plan initiation request subject to the conditions listed in Exhibit "A" of the staff report. Mr. Nadel introduced the other members of the development ,team representing the Monaghan Company. He told the Council that this was the collection of three years.of work, discussions, and revisions with members of the staff* He said that they tried to develop a plan that worked for everybody, and hoped,for implementation of that plan. Since the last meeting (March 20th) at which the City Council considered the initiation of the General Plan, representatives of the Monaghan Co, had met with City.staff members and with the City Council.sub-committee and had discussions regarding the development of this project. He alluded to the Monaghan Co. proposal to link the development of the Long -Point property with the Filiorum property which is under joint ownership. Saying that this s was a reasonable plan,for the 'development of Long Point), Mr. Nadel said this plan proposed a mixed use for the.Long Point site with three elements. a 495 room luxury hotel with related retail and restaurant amenities; 65 single family homes which was a -4- APRIL 17, 1990 reduction from the 80 homes originally proposed, and, a 9- hole golf course. Moreover, to support this plan the Monaghan Company would entertain entering into an agreement that the Filiorum property would have no residential development, would deed approximately 100 acres of the Filiorum property site as a permanent-passive open space area and pursue permission to develop the remainder of the property as a golf course. The Monaghan Company had proposed this plan to link both properties through appropriate legal .means but, he said the plan could not be accomplished if the recommendation of the staff was followed. He said that the recommendation to allow no more than 45 homes on this site was totally unacceptable, that the Monaghan Company had determined, using proven accounting principles, that 65 homes on the Long Point site was necessary in order to make the proposed linkage solution between Long Point and the Filiorum property economically viable. He said that this was the only time that the link would be offered between the Long Point and Filiorum sites: 65 homes can be developed at Long Point, the Monaghan Company can no longer pursue this project.as discussed and fully intended to immediately commence the appropriate process to develop a-495 room hotel, a 9-hole golf course, on the Long Point property. Also., they intended to develop the Filiorum property outside of the moratorium area and ask to take the Filiorum property that is in.the moratorium out of the moratorium and take all appropriate legal action in order to preserve their rights. He said he thought that their proposal of a 495 room hotel, 65 single family homes, and a golf-course along with the Filiorum property is more than fair, that the proposal discussed with staff was more generous than the City could expect from Long Point and that for three years the Monaghan Company had explored the concept of utilizing their property in conformance with the City's Commercial Recreational designation but that these proposals have not been viable and have not met with the City's support. Those discussions., he said, led to the conclusion by the Monaghan Company that the current General Plan and Coastal Specific Plan designations for these properties. are out of date, not workable and not consistent with good planning principles. He said that the General Plan and Coastal Specific Plan were written at a time when Long Point was actively used as a public commercial recreational facility known as-Marineland; that it appeared that the use of such a large-piece of property and its unique coastal location for commercial.recreational purposes as defined in the General Plan was no longer viable. He said the only solution was to bring a visitor type of service recreational facility -- a world class hotel -- was to reduce the size of the parcel designated for commercial recreational. Their present proposal.would allow approximately 23 acres to be used for a hotel and related amenities and would allow the remainder of the property to be -5- APRIL 17, 1990 developed with low density single family housing; that the proposal for an integrated mixed use project would enhance coastal access by providing lodging, restaurants, retail and parking facilities, as well as trails, bluff area, open space, and golf course to the public-. This, plan, he said, was far more compatible to the City than the former Marineland or any other 1004 commercial use of the property; that this proposal would not only benefit Monaghan but would also benefit the entire City. He-went on to say that they had serious legal concerns about the staff report and believed that the staff is suggesting an inappropriate mechanism to accomplish its goals for' the-Lo'ng Point site. He said that he wanted to remind the Council that the one issue before them was the initiation of, a General Plan and Coastal Specific Plan amendment for a' portion of the Long Point site from commercial to residential at a density of one'to two homes per acre. He said that it would be inappropriate to condition that initiation or require written waiver and acceptance of conditions by the developer and that it was inappropriate to require a linkage between the-Filiorum property and the Long Point site -to the General Plan Initiation process..He went on to say that -the proposal made to the staff- by the Monaghan Company 1. over the last four weeks had been that these properties may be linked through a�voluntarily negotiated development agreement, that the Council knew those terms and that they were ready and willing to begin negotiations. Responding,to Mr. Nadel's presentation, Council inquired how long he had represented Mr. Mohaghan# and reminded him that no other plan had been presented resented to Council for approval. Speaking in support of the zone change were the following residents: Robert-Lu,sian, 32735 Seagate Dr., Bill Cullen, #5 Diamonte Nick Lane; Dave Diestel, 4808 Blackhorse Rd.- Mowlds, 6832 Verde Ridge Rd,.; Joe Sullivan, 32679 Seagate Dr..; Steve Goppert, 36 Cinnamon Lane; Lois Larue, 3136 Barkentine Rd.; and Sunshine, 6 Limetree. Their comments focused on the accessibility to the coastline through the, installation of a golf course and restaurant- that this was an opportunity to capitalize on the land; and that they y supported the idea of putting in 65 homes in the area. Speaking in opposition to the zone change was Kathy Snell, 8 Vanderlip Drive; Bill Snyder, 31033 Ganado Dr., Kathy and Chris Manning, 29438 QU-ailwood Drer Phil Robinson, 3205 Barkentine Dr.; Betsy Rain', 71 Portuguese Bend Rd.; JPJ'*D*' McLaren, 3923 Palos Verdes Dr. South* Joel King, 6919 Maycroft Dr.; .* and John Beringer, 3412 Seaglen Drive, President of Council of Homeowners Associations. Their remarks centered on the, addition of residential housing'at -6- APRIL 17, 1990 the Long Point site; questioned the necessity for a hotel and cited the concomitant increase in traffic. Concern was also expressed about density, and whether generating income should be the main force in developing the coast line. (The Homeowners Council submitted a letter datediMarch 22nd which is on file with the City Clerk's office.) Representing the Audubon Society was Jess Morton, 787 West 4th Street, in San Pedrof who stated support for coastal access and open space and said that the Filiorum property is an important wild-life area and if zoning is allowed for housing in that area he felt that the City Council should work out something on that property. Representing the Trails Committee was Sunshine and Barbara Dye who indicated that there were as many if not more trails in the proposal plan as there exists in the Trails Network Plan. They were concerned-about the impact on the loop trail on the Filiorum parcel and in any consideration of equivalent open space they wanted to be sure that the full extent of the loop trail as it crosses the Filiorum parcel is considered. Mr. Nadel then rebutted remarks made during the testimony and in particular to the guidelines for 495 room hotel* he-said r that he had not seen such guidelines. He said his client would weigh all of the alternatives and one may be the building of a 450 or 495 room.hotel and a golf course. Council then briefly inquired about the economic viability of 65 homes versus 45 homes and why the applicant had changed the figures involved from the presentation made at the March 20th meeting. RECESS AND RECONVENE At 10-015 P.M. the Mayor declared a recess. The meeting reconvened at 10.#25 P.M. There being . no response to the Mayor's call for additional public testimony Council voted to close the public hearing. For Council's clarification staff reiterated the rationale in arriving at the recommended 45 residential homes. Specifically, the applicant has designated 24 acres for commercial use and 33 acres for golf, leaving 45 acres for residential. At one dwelling per acre, the zoning for all vacant land in the coastal zone, that resulted in 45 residential lots. Any higher number of units would create densities inconsistent with current coastal development practices. The City Attorney clarified the legal standards to be considered by the Council in deciding upon this initiation request. In particular, he focused upon the conditions listed on Exhibit "A" to the staff report. -7- APRIL 17, 1990 Council then briefly discussed the developable acreage available* the number of acres necessary for building a 5 hole versus 9 hole golf course.; the nature of the geology oloqv of the Filiorum property; what would happen in the case that homes were built at.the Long Point site and no hotel* and, how the lots on this property could be defined as non-view lots as defined by Proposition M, so the potential for view problems does not arise at a later date. Councilman Ryan moved, seconded by Councilman Hinchliffe to adopt the staff recommendation to approve the General Plan/ Coastal Specific Plan amendment Initiation request, thereby allowing the applicant to pursue the zone change application pursuant to code section 17.64.040. The motion carried on the following roll call vote. AYES:, Hinchliffe, Ryan and Bacharach NOES.* McTaggart and Mayor Hughes APPEAL OF C.U.P. NO*,9 MARYMOUNT (1804) the hearing had been duly Director Benard presented and the recommendation to the Planning Commission's the conditions outlined ii The Mayor declared the public hearing open and the City Clerk reported.that notice of published. Environmental Services, the-staff memorandum of April 17th deny the appeal, thereby sustaining approval of the project,- subject to ri Exhibit "A" of the staff report. Responding to the.Mayor's inquiry,,the City Attorney announced no conflict situation existed because the Mayor's son attends Marymount College. Representing the College was Dr.. Tom Wood,.319 Euclid Ave., Long Beach, who explained to the Council that the Board rejected the idea of the Planning Commission placing a cap on the enrollment of the college and consequently requested that it be appealed to the City Council for relief from that condition. It was the Board,'.s opinion that it was in- appropriate for the City Council to dictate the enrollment of the College. Council,then.inquired whether the College anticipated increasing enrollment; what percentage of the students lived in the dorms; whether the College encourages car pooling,-.and if there was an opportunity for additional parking at some..of the apartments that the students rent. Don Winston, 282.9 San Ramon Drive, representing the San . Ramon Homeowners Association, objected to the language of Section 5 of the proposed resolution.. He feared that this -8- APRIL 17, 1990 would lead to increased enrollment without notification'to the neighborhood* Larry Clark, 3354 Corinna Dr., withdrew his objection based upon the fact that Dr. Wood had accepted the - revised condition #5. Clement Letarte, 3408 Corinna Dr., complained that he had received no notice of the hearings Barbara Covey, 274-2 San Ramon Dr., also complained that she had not been notified about the hearing. She expressed concern about the revision of the Conditional Use Permit and in particular that it be amended without a public hearing. She cited the increase in the enrollment at the College since the initial approval of the C.U.P. Kimberly Candido, 30871 Casilina Dr*-, told the Council she lives directly across the street from Marymount College. She requested clarification of the conditions listed on the exhibit. Earl Casler, 3324 Narino, objected to the vague language of the conditions and requested that the original language be included in this amendments Keith Reynolds, representing the El Prado, Estates Homeowners Association read a prepared-statement*' That statement cited the issue of speeding traffic and off campus parking as the main concerns of the neighborhood. (This statement is on file with the City Clerk's office.) Marcia Carlson, 2715 San Ramon Drs, cited the difference in the character of the neighborhood surrounding Miraleste High School as opposed to Marymount Colleges Councilwoman Bacharach moved, seconded by Councilman Hinchliffe and carried to close the public hearings Council then discussed the conditions- -of the Conditional Use Permit and in particular if a ride-sharing program should be made a,part of the approval; and, the fact that a cap had been previously discussed for the Colleges Councilwoman Bacharach moved, seconded,by Councilman Ryan and carried to adopt the staff recommendation with the addition of a section requiring the College to implement a-ride-sharing plan equivalent to section 15 of the AQMD regulations* RESOLUTION 90-20 DENYING THE APPEAL-OF THE 'PLANNING COMMISSION'S DECISION, THEREBY APPROVING CONDITIONAL USE PERMIT NO* 9 REVISION "C" FOR THE EXPANSION OF THE STUDENT LOUNGE AND CAFETERIA, AND CONSTRUCTION OF A NEW STUDENT -9- APRIL 17, 1990 SERVICES BUILDING, FOR MARYMOUNT COLLEGE AT 30800 PALOS VERDES DRIVE EAST, AND APPROVING A NEGATIVE DECLARATION.FOR ENVIRONMENTAL ASSESSMENT NO. 593 was presented by title and adopted on motion of Councilman Ryan, seconded by Councilwoman Bacharach as revised. The motion carried unanimously. AUDIENCE QUESTIONS: Responding to the Mayor's call for audience questions for items not on the agenda was Kathy.Snell, #8 Vanderlip Drive, who inquired about-restoration of her property rights which she said were taken away upon the implementation of the moratorium in her neighborhood. She inquired about.Council's views on returning her right to sub - divide her property. Staff responded that the panel of experts have provided guidelines-on actions that will need to be followed to demonstrate long term stabilization in the Abalone Cove Moratorium area. ORDINANCE NO, Ordinance No. of the BURGLAR ALARMS (1206) Rancho Palos Verdes amending chapter 9.04 of Title 9 of the Rancho Palos Verdes Municipal Code relating to Burglar Alarms was briefly discussed and it was the consensus to add additional language indicating that private security. companies would respond toalarms and not the sheriff. It was the consensus that a revised ordinance should be placed on the next agenda. ORDINANCE NO. 254 - This ordinance was presented FENCES, WALLS AND HEDGES by the Director of. (1841) Environmental Services. Richard Motz, 32413 Sea Raven Dr., recommended a revision to Section A (Permit Required) of the proposed ordinance. George Fink, 32353 Sea Raven Dr., also requested the deletion of section A -1 from the proposed ordinance.: Council.then briefly discussed how the determination of no view impairment would be made and how it called for a site inspection by the staff. Council also inquired about how many of these requests had been presented to Environmental Services; and how it would be determined that the slope would not exceed 5 %. It was the consensus of the Council that the ordinance should be amended and that the conditions listed under Section A would be singular and -not cumulative. ORDINANCE NO. 254 - AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES APPROVING DEVELOPMENT CODE AMENDMENT NO. 29 AND -10- APRIL 17, 1990 AMENDING CHAPTER 17942 OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO FENCES, WALLS AND HEDGES was presented by title and introduced on motion of Councilman McTaggart, seconded by Councilwoman Bacharach. Councilman Ryan's motion to delete section A-1 died for lack of a second. Main motion carried unanimously., ORDINANCE NO* 255 This or . dinance was presented ESTABLISHMENT OF BUDGET by City Manager Cornett. ADMINISTRATION (602) Council briefly discussed the need for a mid-year.budget report and/or quarterly reports to the Council on the state of the budget. ORDINANCE NO* 255 OF THE CITY OF RANCHO PALOS VERDES ADDING CHAPTER 3932 TO TITLE 3 OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF PROCEDURES FOR BUDGET ADMINISTRATION was presented by title and introduced on motion of Councilman McTaggart, seconded by Councilman Hinchliffe and carried. LANDSLIDE MORATORIUM NO. 37- The staff recommendation was 82 NARCISSA DRIVE (1801) presented by Environmental Services Director Benard. The recommendation was to approve the applicant's request for a Moratorium Exemption for an addition not .to exceed 6.0.0 square feet to expand the storage area under the existing residence;. approve limited grading of a maximum 300 cubic yards total cut/fill.under the residence and in the rear yard for the modified enclosed storage area and landscaping; deny the proposed deck and the hot tub, a use which implies added water usage. The approval for the addition and grading is subject to conditions attached as Exhibit "A".. The applicant Gene Frank, 82 Narcissa Drive, told the Council that he has only been able to finish the front of the house and would now like to complete the backyard. His plan was to enclose the entire area under the house using all the square footage for storage. He questioned the difference in using 600 or 800 feet and why it could not be used as habitable space. He would like to install a redwood deck and that his doctor had recommended the use of the proposed hot tub. He said that he would have geology inspections of the tub installation; that this grading would re-distribute the material that resulted from the installation of the caissons on his property. Speaking in support of this exemption were Steve Goppert, and Sharon Hegetschweiler who represented the Portuguese Bend Homeowner's Association* -11- APRIL 17, 1998 Speaking in opposition to this exemption was Lois Larue, 3136 Barkentine Rd., who presented a letter from Charles L. Stuart of 80 Narcissa Dr. (This letter 'is on file with the City Clerk's office.) The letter cited objection to the project. Council then discussed what conditions could be placed on this exemption in order to preclude this area from becoming a habitable enforced- space; how such a condition could be the If capacity Of the-holding tank that the water from the Frank residence empties into* and, what the ultimate . intention of the property owner was with regard to this additional storage space. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to allow the proposed deck, to require inspection of the facilities, and.that the hot tub drain into the holding tank. The motion carried on a 4-1 vote with Councilman McTaggart voting in opposition. LANDSLIDE MORATORIUM NO. 38- The Director of Environmental YACHT HARBOR DRIVE (1801) Services presented the staff memorandum of April 17th and the recommendation to approve the proposed exemption to install a drip irrigation sprinkler system along Yacht Harbor Drive, subject to the following conditions: 1) The sprinkler system shall be a drip irrigation device and shall be placed above ground. 2) An automatic timer shall be installed into the system. 3) An emergency shut-off device and moisture level detector shall be installed into the system. Councilwoman Bacharach moved, seconded by Mayor Hughes to approve the staff recommendation. The motion carried with Councilman Hihchliffe abstaining and Councilman McTaggart voting no. ITEMS REMOVED FROM THE CONSENT CALENDAR. BRONCO DRIVE AND MARTINGALE, DRIVE RESURFACING (1404) curbs and whether they were that curbs were constructed that street but that no coni part of this project.. Sunshine, 6 Limetree, inquired about the design of this street and in particular-about the rolled concrete. Staff explained to facilitate the drainage on Crete curbs would be installed as Councilman Hinchliffe moved, seconded by Councilman Ryan to adopt the staff recommendation to award the contract for Bronco Drive and Martingale Drive Resurfacing Project to Excel paving at the cost of $84,868.50 plus provide a contingency of $12,731.50 for a total cost of $97,600.004 -12- APRIL 17, 1990 The motion carried on'the following roll call vote: AYES: McTaggart, Hinchliffe, Ryan, Bacharach and Mayor Hughes COMMUNITY DEVELOPMENT The City Manager presented BLOCK GRANT (601) the staff memorandum of April 17th and the recommendation to authorize the City Manager to execute the Community Development Block Grant implementation authorization. Lois Larue, 3136 Barkentine, inquired about the use of these funds. Council responded that all of the CDBG Funds spent in:the City could only be used on projects in the moratorium area. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe and carried to approve the staff recommendation. RESOLUTIONS NO.90 -211 22, The-Public Works Director AND 23, REQUESTING FLOOD presented the staff memorandum CONTROL DISTRICT TO ACCEPT of April 17th. STORM DRAINS (604) Lois Larue, 3136 Barkentine, inquired about the storm drains involved in this issue and in particular about the type of material used for the drain. RESOLUTION NO. 90- 21REQUESTING.THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. 1069 IN THE CITY.OF RANCHO PALOS VERDES FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF was presented by title and adopted on motion of Councilman Ryan, seconded by Councilwoman Bacharach and carried. RESOLUTION NO. 90 -22 REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO. 1703 IN THE CITY OF RANCHO PALOS VERDES FOR FUTURE OPERATION, MAINTENANCE, REPAIR'AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF was presented by title and adopted on motion of Councilman Ryan, seconded by Councilwoman Bacharach and carried. RESOLUTION NO. 90 -23 REQUESTING THE BOARD OF SUPERVISORS OF -13- APRIL 17, 1990 THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO* 955 IN THE CITY.OF RANCHO PALOS VERDES FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENTS, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF was- presented by title and adopted on motion of Councilman Ryan, seconded by Councilwoman Bacharach and carried, WAIVER OF SPECIAL USE PERMIT FEES (1203) the recommendation to Services to waive the Permit No. 81 for the dinner/dance fund rai The Director of Environmental Services presented the staff memorandum of April 17th and direct the Director of Environmental application fee related to Special Use Congregation Ner Tamid's annual auction sing event., Lois Larue, 3136 Barkentine Rd., commented that,,since the - synagogue does not pay taxes and that the price charged for admission to their series of speakers are quite steep, she suggested if they want this kind of waiver that they consider offering a senior citizens' discount. Councilwoman Bacharach moved, seconded by Councilman McTaggart and carried to approve the staff recommendation. INSTALLATION OF RED CURBS Councilwoman Bacharach ON HAWTHORNE AT CREST ROAD suggested that the Traffic (1502)] Committee look at this proposal to install red curbing on both sides of Crest Road from Hawthorne to Hughes Market. She questioned its necessity since it appeared that most of the cars being parked in that area belonged to participants in a transit pooling program. She then moved, seconded'by Councilman Ryan to.refer this issue back to the Traffic Committee. The motion carried with Councilman McTaggart voting in opposition. COUNTY RESOLUTION OF Lois Larue, 3136 Barkentine INTENTION REGARDING COUNTY Rd*, requestedan explanation IMPROVEMENT NO. 2651-M of this resolution. (ABALONE COVE) (18-01) RESOLUTION. NO. 90-24 APPROVING A MODIFICATION TO A RESOLUTION OF INTENTION IN THE MATTER OF. COUNTY IMPROVEMENT NO* 2651-M (ABALONE COVE) was presented by title and adoptedby motion of Councilman McTaggart, seconded by Councilman Hughes. The motion carried on a 3-2 vote, with Councilmembers Ryan and Hinchliffe abstaining. -14- APRIL 17, 1998 Council explained to Ms. Larue that this resolution was a modification and clarification of the Horan settlement. CITY COUNCIL REPORTS, AB1784 (ROBBINS) (306) Councilwoman Bacharach moved, seconded by Councilman Ryan to support this compromise legislation. WATER CONSERVATION - RESOL* Councilman McTaggart suggested NO. 90-25 (1001) that the City set an example and require the installation of drip irrigation and moisture sensors on construction. RESOLUTION NOe 90-25 A RESOLUTION OF THE CITY COUNCIL OF RANCHO PALOS VERDES REQUESTING AND ENCOURAGING WATER CONSERVATION PRACTICES BY ALL WATER USERS IN RANCHO PALOS VERDES was presented by title and adopted on motion of Councilwoman Bacharach, seconded by Councilman Hinchliffe and carried. CITY MANAGER REPORTS: BUILDING AND SAFETY CONTRACTS City Manager Cornett, presented (201 X 12043 the staff memorandum of April 17th and the recommendation (1) That the City award Building and Safety Services to Charles Abbott Associates., Inc. for a fee of $476,100 for services at current projected levels of activity ($457,000 building permit, $268,000 plan check and at other levels not to exceed the schedules in Figure 3, of the attached exhibit.) (2) That permit and plan check fee receipts be reviewed quarterly and if below a proportionate calculation of the 1989-90 fees as referenced above, adjustment in charges be negotiated with Abbott Associates,, Inc., Council then inquired about the $35.00 an hour transition fee for fin ' alizing carryover permits in the event of changing contractors; and how the contract should be written to prevent this from happening so that the person leaving would not be carrying a percentage of the fee. Jack Chapman, 220 Pacific Coast Highway, representing Scopes, said that his company sent in a bid of $476,100 that the bid was then altered to $476,104. He said that in reviewing the staff report of a month ago, Willdan had submitted a bid of $507,000 and Abbott had submitted a bid of $507,000. He said that he re-bid the Building and Safety a month later and submitted a bid for $476,100. These figures were submitted on March 28th at 5.*00 P.M. After he had received the staff report he discovered again it turned out that there was another bid for $476,100 and it was the same company that was low bidder with Willdan. -15- APRIL 17, 1990 Lois Larue, 3136 Barkentine, said she was glad to know that a company like Scopes existed* Charles harles Abbott, 6866 Verde Ridge Rd., said that he did not see the bids in advance and that in fact the bid approaches were not the same as well -as,the bases for the bids* Discussion then centered on the process and the receipt of the bids. City Manager Cornett explained that the Scopes bid came in on March 27th and the Abbott bid on March 28th. The Scopes bid was delivered to him personally and kept in his P ossession.. The Abbott bid was brought in on the 28th and was similarly kept secure. He said that these bids may have been on his desk during the day but not over the weekend or evenings. Council then discussed the methodology in the preparation of bids; what happens in the case where identical bids are received and if this presented an opportunity to negotiate with the two lowbidders; and if the City Manager and the Finance officer should look at these bids again. Mr. Chapman then explained how his bid had changed and'the method used to calculate charges: if building activity increased, he would decrease the percentage the City was charged. He said that there was a section in his proposal that dealt with increase in construction activity. Councilman Hinchliffe moved, seconded by Councilwoman Bacharach to approve the staff recommendation. Additional discussion then ensued and the suggestion was made that perhaps these bids should be examined again by the City Manager particularly in light of the fact that a contractor could leave with a'certain, percentage of the fees collected on permits issued* Charles Abbott, explained that his firm was the only one who uses a CAP on fees being charged to the City an I d said that his actual charges are wel.1 under the CAP of 70%, on the order of 45% of the fees* The motion carried on the following roll call vote* AYES# McTaggart, Hinchliffe,' Bacharach and Mayor Hughes ABSTAIN* Ryan PURCHASING SYSTEM ORDINANCE Councilman Ryan moved, seconded (602) by Councilman McTa*ggart and carried to continue this item to the May 1st meeting* -16- APRIL 17, 1998 * STATUS OF COUNCIL DIRECTIVES* CLAYTON CHIMNEY The City Attorney announced that he would ask for a closed session on that issue at the April 23rd meeting. ADJOURNMENT: At 2:30 A.M. the meeting adjourned to 7:30 P.M. on April 23rd at City Hall for a work session with the Planning Commissions ATNTEST: / AAYOR CITY"CLERK 41790CC -17- APRIL 17, 1990