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CC MINS 19890321 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 21, 1989 The regular business meeting was called to order at 7 : 30 P.M. by Mayor Bacharach at Hesse Park Community Center, 29301 Hawthorne Boulevard. After the Pledge of Allegiance to the flag, roll call was answered as follows. PRESENT. McTAGGART, HINCHLIFFE, RYAN AND MAYOR BACHARACH ABSENT: HUGHES The City Attorney announced that the City Council has just finished a closed session which was held pursuant to the authority of Gov't Code Section 54956.9(a) to confer with or receive advice from legal counsel regarding pending litigation as defined in said section. Pursuant to subdivision (a) a legal proceeding has been formally initiated, the title of which is King VS. the City of Rancho Palos Verdes, et al . Also present were City Manager Dennis McDuffie, City Attorney Steve Dorsey, Director of Environmental Services Robert Benard, Public Works Director George Wentz , Finance Director Kevin Smith and City Clerk Jo Purcell . CEREMONIAL MATTER ( 304) Mayor Bacharach presented a proclamation to the educational exchange students from Lycee Saint Exupery, Lyon, France and to students from St. Laurence School Bradford-On-Avon, England. This proclamation applauded these students for their participation and dedication as members of the Student Exchange Program. Retiring L.A. County Assistant Fire Chief Ray Brunstrom was also presented with a proclamation honoring him for his 32 years of service with the Fire Department. Of special note was the invaluable leadership and professional expertise that Assistant Chief Brunstrom has provided to the community. WAIVER OF FULL READINGS Councilman McTaggart 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 ordinances or resolutions. APPROVAL OF AGENDA After addition of the following, Cable TV Rate Increase, Waste Management Contract, Travel Expense Report* Lojac, RTD Disappointment, Golf Course Status, Security of closed sessions, Ethics and P,V. , Transit Modifications, the agenda was approved on motion of Councilmen McTaggart and Ryan, and carried. CONSENT CALENDAR After removal of the loan to the Redevelopment Agency which was scheduled for the April 10th meeting, and removal of the resolution concerning Daladier to be discussed at the end of the meeting, the remainder of the Consent Calendar was approved as follows. MINUTES Approved the minutes of March 9, 19890 CLAIM AGAINST THE Rejected the claim and directed CITY - MRS* CHANG ( 303 ) the Risk Manager to notify the claimant. PARKING RESTRICTIONS ON Authorized the Mayor to sign a WESTERN AVE* ( 1502 ) letter to CALTRANS indicating the Council ' s strong desire to have Western Avenue investigated for peak hour parking restrictions to allow for a third travel lane. RESOLUTIONS NO. 89-23 Adopted RESOLUTION NO. 89-23 ESTABLISHMENT OF STOPPING ESTABLISHING STOP REGULATIONS ZONES ON LEAH CIRCLE AND AT VARIOUS INTERSECTIONS IN THE LEACREST DR. (1502 ) CITY OF RANCHO PALOS VERDES* ORDINANCE NOe 241 Adopted ORDINANCE NO. 241 WATER SERVICE FRANCHISE GRANTING TO CALIFORNIA WATER (605 ) SERVICE COMPANY, A CORPORATION THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING WATER FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN SAID MUNICIPALITY. RESOLUTION NO. 89-24 Adopted RESOLUTION NO. 89-24 REGISTER OF DEMANDS ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. -2- MARCH 21 , 1989 The motion to approve the Consent Calendar carried on the following roll call vote: AYES: McTAGGART, HINCHLIFFE, RYAN AND MAYOR BACHARACH NOES* NONE ABSENT. HUGHES # # # PUBLIC HEARING. EXTENSION OF INTERIM The Mayor opened up the ORDINANCE IN SUBREGIONS public hearing for discussion ly 7 AND 8 OF THE COASTAL and the City Clerk reported that ZONE AND SWITCHBACKS notice had been duly published. (701) City manager McDuffie presented the staff memorandum of March 21, and the following recommendations: 1. Adopt by motion the attached report concerning actions that have been taken to address the concerns that prompted adoption of the interim ordinance. 2. Receive testimony and then close the public hearing on the proposed interim ordinance extension and continue the matter to April 10 , 1989. Representing the Palos Verdes Landholdings Company was Peter Herman, 25200 La Paz #210 , Laguna Hills, stated his support for the alternative recommendation. Edwin Baur, 3572 Vigilance, Treasurer of the Ladera Homeowners' Association told the Council that his association has put together a homeowners package explaining this project. He said that if the City changes the procedure and issues a permit before the hearing it may give the impression that the City has already made up their minds about this project. Paul Weisz , 32365 Phantom Drive, representing the Ladera Linda Homeowners' Association, told the Council that his association formed this committee to investigate the entire development process. He requested that the concurrent tracking not be adopted. Steve Zuckerman, 12424 Wilshire Blvd. , representing the Zuckerman family said that his family owns 140 acres in subregion 7 and that they are not opposed to the one year extension as proposed. There being no further response to the Mayor' s call for public testimony she declared the hearing closed. Councilman McTaggart moved, seconded by Councilman Hinchliffe and carried to approve the staff recommendation without amendments. -3- MARCH 21 , 1989 MARRIOTT LIFECARE C.U.P. The Mayor opened the public NO. 131 , VARIANCE NOe182 hearing for discussion of the ( 1804) Marriott Lifecare project by re- porting that she was in receipt of letters from Michael A. Furey, 5615 Mistridge Drive, Norman Taylor, 5752 Mistridge Drive, Bobby Pine, and a letter from the Palos Verdes Art Center citing their concerns about such things as site clean up, and the time of the year when the grading would take place. In addition, the City Clerk reported that Dr. and Mrs. Richard Steip, 5603 Seaside Heights, also called and registered their opposition to this project. Speaking in opposition to the project as presented were the following, Nell Mirels, Mayor of the City of Rolling Hills Estates; Anthony Segreto and John Arand the appellants in this matter. Their objections centered around the following concerns: the amount of traffic generated by the grading required for this project; the disposition of the dirt and if it would be disposed of within the City of Rancho Palos Verdes * the necessity of using Palos Verdes Drive North to transport the dirt* the deleterious effect of this truck traffic on Palos Verdes Drive North,. and, whether a bond could be requested to pay for the repairs resulting from this traffic. Additionally, the request was made that the Council consider bringing the horse trail up Crenshaw to meet the horse trail from the City of Rolling Hills Estate, Anthony Segreto, presented a prepared statement dated March 21, 1989 and made a lengthy presentation outlining the concern of the Mesa Palos Verdes Homeowners' Association, in which he detailed their proposal for scaling down the proposed project. (Mr. Segreto' s presentation is on file with the City Clerk' s Office and available for public inspection) . John Arandf also read a prepared statement which covered such issues as the EIR process, the length of time to review the EIRr it' s accuracy; and, proof of the need that this project benefits the City. (Mr. Arand' s statement is also on file with the City Clerk' s office. ) RECESS AND RECONVENE At 9.* 30 the Mayor declared a recess. At 9: 45 the meeting reconvened. AUDIENCE QUESTIONS Responding to the Mayor' s call (1202) for audience questions for items not on the agenda was Lois Larue, 3136 Barkentine, who referred to a recent article in the Dail Breeze about a developer going through the building process at the City,. She also quoted from an article regarding density along the coast line. Roy Fulwider, 28219 Hazelridge, referred to an -4- MARCH 21, 1989 article in the Daily Breeze about a City employee and questioned how it was handled. He also remarked about the number of containers that he now has from Waste Management, questioned why they bill in advance for their service and expressed concern about the pick-up schedule. He also requested that the City consider using part of the recycling funds for planting trees . MARRIOTT - VARIANCE # 182 Daniel Blatt, 29225 Stonecrest (1804) Road, Rolling Hills Estates, read a prepared statement covering such issues as the environmental impact report, and the use of Hawthorne Blvd. by the trucks transporting the dirt. (Mr. Blatt' s statement is on file with the City Clerk' s Office. ) Ugo Voce, 27733 Hawthorne Blvd. , expressed his opposition to any construction in the area and complained about the color of the apartment house on Hawthorne and Indian Peak. Michael Riccio, 29356 Quailwood Drive. , representing the Mesa Palos Verdes Homeowners' Association said he was not opposed to the project except that it is too large. He questioned the sufficiency of the EIR, the desirability of horse trails, and requested a facility that was more appropriately sized for the area. (Mr. Riccio' s statement is on file with the City Clerk' s Office. ) Joel King, 6919 Maycroft, spoke in opposition to the project. Lee Argabright, 2289 Sparta Drive, summarized a poll taken of the Breakfast Club wherein approximately 250 of the membership responded: 8 of those responding supported the project. He expressed his approval for such a project. Representing the Marriott Corporation was Ed Novak, who made a slide presentation of the project depicting the view, grading, and density of the project. He also showed slides of other Marriott Life Care facilities throughout the country. Referring to a survey done to determine the viability of this project, he said that the Palos Verdes Peninsula area scored the highest of any area tested for such a facility. He then gave a brief summary of the approval process followed for this project. Additionally, he presented an artist rendering of the project and explained the parking facilities. He said that the Marriott Corporation has tried to minimize the impact of this project and felt that it would be a flagship for the whole community. Council then made inquiries of Mr. Novak about the number of employees required at the facility; whether they had projected adequate parking for the facility; if there was an entrance fee for living at this facility- how medical waste would be handled* if the individual units would have laundry facilities- if Marriott Corporation would own the facility or just operate it; if there would be acute care -5- MARCH 21, 1989 services at the facility; and, what they anticipated the occupancy rate would be. Speaking in support of this facility were the following people: Gail Lovrich, 104 Spindrift Drive- Sally Burrage, 5505 Mistridge* John McCarthy, 105 Spindrift Drive* David McKittrick, 73 Hilltop Circle; and Roy Fulwider, 28219 Hazelridge. These speakers expressed the need for such a facility. Alvin Lafon, 5801 W. Crestridge, Administrator of the Canterbury clarified the issue regarding the adequacy of parking at the Canterbury and said that they have 155 spaces which is adequate for their facility and for their employees. Clinton Bird, 2031 Delasonde Drivel, representing The Church of Jesus Christ of Latter Day Saints, expressed opposition to any horse trails in the area. Speaking in support of horse trails in the area were the following: Sheryl Knight, 28129 Peacock Ridge Road; Lynn Binkley, 1813 Avenida Feliciano* Melissa Fair, 6656 El Rodeo Road* Sarahruth Grimes, 6 Branding Iron Lane, Rolling Hills Estate. These speakers requested that a safe trail be built so they can have access to the Rolling Hills trail system. Citing the fact that the trail was only two blocks short of being connected to the Rolling Hills trail , they requested that the City Council include this in the proposal for the project area. In rebuttal , Mr. Segreto stated that it was not an issue of being against the project but rather the homeowners association was opposed to its massive size. He questioned the scale of the artist rendering of the project and suggested that the highest point of the project should be established from the footings. He questioned the reality of the project requiring only 98 employees, and inquired about the disposition of a resident' s apartment should they be hospitalized. Also in rebuttal was John Arand who questioned the size of the staff required for the facility, citing the fact that the Canterbury originally had thirty employees and it now has seventy employees. Councilman Ryan moved, seconded by Councilman Hinchliffe to close the public hearing. The motion carried* RECESS AND RECONVENE At 11: 25 the meeting recessed. At 11 : 35 the meeting reconvened. -6- MARCH 21 , 1989 Council then discussed the density of the project; the amount of the material to be graded; the use of Hawthorne Blvd. for the trucks transporting the dirt and whether this should be done in a phased approach. Council then discussed if the grading for the project was done to protect views, and the fact that some of the property now coming before the Council is difficult to develop. The suggestion was made that perhaps some modification should be made to the conditions and allow this project. Responding to the Council ' s inquiry about a two-two split decision on this project, because of the absence of fifth member, the City Attorney said that in such a case the decision of the Planning Commission would stand if the City Council was unable to make a decision; therefore, the project would be approved on a two-two vote on the conditions granted by the Planning Commission. It was the consensus that this matter should be continued to the April 10th meeting for a hearing of the full Council . Councilman Ryan so moved, seconded by Councilman Hinchliffe and carried. The Mayor announced that no more public testimony would be taken at the April 10th meeting and that Councilman Hughes would be requested to view the tape and the documents of the hearing. RESOLUTION NO. 89-25 The City Manager presented the ESTABLISHMENT OF NO staff memorandum and the PARKING/LOADING ZONE recommendation to adopt a ADJACENT TO VISTA GRANDE resolution establishing a no SCHOOL ( 1401 X 1502) parking/loading zone on Golden Meadow Dr and on Purpleridge adjacent to Vista Grande School from the intersection to the first school driveway on each street. Lois Larue, 3136 Barkentine, requested that the Council consider a flashing yellow light at the Vista Grande School . Councilman Ryan moved, seconded by Councilman McTaggart and carried to adopt the staff recommendation. RESOLUTION 89-25 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING NO PARKING ZONES MONDAY THROUGH FRIDAY 8 A.M. -4 P.M. ON GOLDEN MEADOW DRIVE AND ON PURPLERIDGE DRIVE ADJACENT TO VISTA GRANDE SCHOOL FROM THEIR INTERSECTION TO THE FIRST SCHOOL DRIVEWAY ON EACH STREET was presented by title and adopted on motion of Councilman Hinchliffe, seconded by Councilman McTaggart and carried. LANDSLIDE MORATORIUM The Director of Environmental EXEMPTION NO. 26 ( 1801 ) Services presented the staff report of March 21st and the recommendation to deny the application without prejudice and direct the staff to revise -7- MARCH 21 , 1989 the Municipal Code, Chapter 15.20 (Moratorium On Landslide Permits. ) He went on to brief the Council on the fact that the Landslide Subcommittee (Bacharach/Hughes) had met with staff and discussed the appropriateness of differentiating between the separate landslide areas in the City relative to construction and home improvement activity. Areas of concern focussed on the different slide areas, whether the slide or lot is on sewers, conditions of approval necessary to improve water collection methods, and controls and assurances needed by the City to gather information and monitor performance. Specifically, the subcommittee felt that the Municipal Code should be revised to further differentiate Klondike Canyon Moratorium as an area in which home construction improvements and expansions could occur, consistent with the Rancho Palos Verdes Development Code, where the lot is on sewers and conditions of approval address on-site water control and collection, landscaping and irrigation controls and on-site inspection and hold harmless covenants. Council inquired how long it would take to institute this re- vision and requested that the applicant on this exemption be informed of the time-table. Councilman Hinchliffe moved, seconded by Councilman Ryan and carried to adopt the staff recommendation. REFUSE COLLECTION The City Manager presented the (1301 ) staff memorandum and the recommendation to approve the request from Ivy Rubbish Disposal to change Section VII , item 3 of the franchise agreement to read as follows, "Residents will be given an option beginning July 1, 1989 to pay one year in advance and save 7% off their total bill . " Council requested that the statements be revised as follows: "Residents will be given an option beginning July 1, 1989 to pay one year in advance, and save 7% off their total annual bill . " Councilman Ryan moved, seconded by Councilman McTaggart and carried to approve the staff recommendation. RESOLUTION NO* 89-26 The City Manager presented the DALADIER DRIVE ( 901 ) March 21st staff report and the recommendation to adopt the proposed resolution. Public Works Director Wentz reported that the overall cost for this project had been reduced to $938, 000 and that they are now considering the aesthetic enhancements which will be of overall benefit to the district. District-wide there is less disparity in the assessments for the improvements, and staff thought that this assessment was appropriate. The property owners in the district will be advised of this assessment. -8- MARCH 21, 1989 Mr. M.L. McGee, 34 Avenida Corona, stated that the assessment is still $11 , 000 which is significantly more then when this whole process began. In answer to Council ' s inquiry staff responded that a letter would be sent to the residents of the district informing them of the new hearing date and the fact that protests will still be allowed. Resolution No. 89-26 was presented by title, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES PROPOSING CERTAIN CHANGES TO BE MADE IN CONNECTION WITH RANCHO PALOS VERDES IMPROVEMENT DISTRICT NO. 5A, DALADIER DRIVE, ET AL. and ADOPTED on motion of Councilman McTaggart, seconded by Council Ryan and carried. CLAIM AGAINST THE CITY BY Councilman Ryan moved, seconded JOEL JUSTIN KING ( 303) by Councilman Hinchliffe and carried to reject the claim and direct the Risk Manager to notify the claimant. CITY COUNCIL REPORTS; CABLE TV RATE INCREASE Councilman Hinchliffe requested ( 605 ) that Steve Fowler from Dimension Cable TV give an ex- planation of the recent rate increases. Councilman Ryan, for the record, noted his objection to the presentation by Mr. Fowler. Mr. Fowler said that the system on the Peninsula has been up- graded, that staff has been increased, the new programs have been added, they have expanded services, and improved the standard of equipment. He commented that 88% of the people contacted have expressed satisfaction. Council then briefly discussed the cut in the premium service fee and the raise and the basic service; what the future holds for Cable TV rates and if they are going to continue rising, and how areas that are off air could be excluded from this service. It was the consensus that staff should inquire of FCC if there is any provision to cover areas that cannot receive off-air signals and must use cable as their only means of TV reception and have some price control . WASTE MANAGEMENT CONTRACT Referring to recent publicity ( 1301 ) waste Management fines for price fixing, Councilman Hinchliffe inquired whether there was something the City should do to investigate the contract with Waste Management. -9- MARCH 21 , 1989 The City Attorney responded that it might be possible to look through the documents of those cases to see if something like that happened in this City. It was the consensus however that since the City' s process was open and competitive there was no need to pursue this at this time. TRAVEL EXPENSE REPORT (1202 ) Councilman Hinchliffe inquired that in light of marriage of Councilman Ryan and City Clerk Purcell while attending the National League of Cities conference in Las Vegas in December 1987 if the expenditure appropriated for that trip was a proper usage and requested to see the expense state- ments of that trip. It was agreed that the statements would be given to all members of Council. . RTD DISAPPOINTMENTS Councilman McTaggart requested (1505 ) that a letter be sent to the RTD regarding their accidents and near misses. Also, he suggested that the RTD be requested to have some coordination of their connections. It was the consensus that staff would work with Councilman McTaggart to prepare a letter to be sent to our RTD representative. GOLF COURSES ON NIKE SITE Councilman Ryan reported that (1201) he spoke with a representative of the Sierra Club and the Audubon Society regarding the use of the Nike Site as a golf course. He requested that staff put together a program that include a series of public hearings and check on the City' s ability to convert government land to a golf course. Council discussion then followed and concern was expressed whether this was the appropriate time to do that kind of a study or if it should be pursued after a meeting with the golf course consultant. SECURITY OF CLOSED SESSIONS Councilman Ryan inquired of the (1202) City Attorney as to the security of matters discussed in closed session and whether they could be disclosed. In response, the City Attorney opined generally there are no remedies for disclosure of what happens in closed sessions, however for a staff member to disclose confidential information would be an occasion for disciplinary action. Generally speaking, he said that the confidentiality of matters discussed in closed session relies upon the good faith of the people involved. PV TRANSIT Mayor Bacharach reported on her (1505) concern about the proposal of the City of Palos Verdes Estates who are considering a policy to allow their residents to buy 6 tickets per year for PV Transit at reduced rates. -10- MARCH 21 , 1989 After the use of those tickets, they would then have to pay the full unsubsidized price of about $8 .00. The Mayor reported that she would be attending a meeting and requested Council concurrence with her opinion that Palos Verdes Estates decide to do this, it would require i.d. cards to show residency. If this is the case, Palos Verdes Estates should drop out. Then satellite centers be set up within the service area. Council indicated their concurrence. CITY MANAGER REPORTS. PAVEMENT MARKERS The City Manager presented the (1503 ) March 21st memorandum regarding Council ' s direction to staff to investigate the feasibility of marking streets with a "crossing ahead" pavement marking. This inquiry came as a result of discussion of the intersection of Crest Road and Highridge and the fog problem that occurs in that area. Staff recommended that the City Council could authorize a pavement marking such as "crossing ahead" similar to a warning sign. Council inquired if the Traffic Committee had been apprised of this recommendation. It was the consensus that the Director of Public Works would put this on the next Traffic Committee agenda. VISTA GRANDE SCHOOL - The City Manager presented the PORTABLE SIGNS (1503 x 1401 ) staff memorandum of March 17th and the results of staff in- vestigation regarding the use of portable signs in the cross- walk. The staff found that no City acknowledged the use of such portable signs at schools. It was the consensus that staff should work with the PTA in a continued effort to work on traffic safety in that area. STATUS OF COUNCIL With regard to the directive on DIRECTIVES the Sanitation District site, staff was requested to follow up on that item. Staff was requested to combine the directive regarding the three year projection of City RSVP revenues and the use of the one million dollar Parks and Recreation Fund and the Parks Master Plan review. BUDGET WORK SESSIONS ( 602) Council agreed to meet on April 17th, May 1st and May 15th at 6: 00 P.M. at City Hall to conduct budget work sessions for the FY 1989-19900 -11- MARCH 21, 1989 ADJOURNMENT: At 1 : 05 A.M. the meeting adjourned to 6 : 00 P.M. on March 27th at Hesse Parr for a work session with the Golf Course Consultant from 6 : 00 P.M. to 8 : 00 P.M. and then from 0 : 00 P.M. on ward to discuss view preservation. t. MAYOR TTEST ;t C TY CLERK MIN94 -12- MARCH 21 , 1989