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CC MINS 19890418M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL 18, 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, HUGHES AND MAYOR BACHARACH ABSENT, NONE CEREMONIAL MATTER Newly appointed L. A. County Assistant Fire Chief James Corbett introduced himself and briefed the Council on his 20 years of experience with the County Fire Department. Responding to Council's inquiry about the training of personnel at the Palos Verdes Drive South Fire Station, the Fire Chief said it would be one of his highest priorities to make sure that fire personnel are familiar with the terrain of the area. 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 Cathy Marschall, Finance Director Kevin Smith, City Clerk Jo Purcell, and Recreation & Park Director Mary Thomas. WAIVER OF FULL READINGS Councilman Hughes moved, ORDINANCES AND RESOLUTIONS seconded by Councilman Ryan 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 Palos Verdes Estates Summer Swim Program and the 5th Tuesday in May meeting, the agenda was approved on motion of Councilmen Ryan and Hughes, and carried. CONSENT CALENDAR After removal of the Contract for the housing element update, the Consent Calendar was approved as follows on motion to Councilman Hinchliffe, seconded by Councilman Ryan. RESOLUTION NO. 89 -29 DENYING CONDITIONAL USE PERMIT NO. 138 (1844) OPEN SPACE AND PEDES- TRIAN ACCESS EASEMENT (1411) Adopted RESOLUTION NO. 89 -29 Appeal for a commercial build- ing at 31274 Palos Verdes Drive East, Accepted the offer of an open space and pedestrian access on Lot 1 of Tract No. 39682, HESSE PARK - PAYMENT (1) Approved the Mutual Release TO REYNOLDS ENVIRON- Agreement and authorize the MENTAL GROUP (1241) Mayor and City Clerk to execute same. (2) Authorized payment of $1,544 to Reynolds Environmental Group. Inc. LEGISLATION (346) . Supported SB143, RESOLUTION NO. 89 -34 Adopted RESOL. NO. 89 -34 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, HUGHES AND MAYOR BACHARACH NOES: NONE PUBLIC HEARINGS: DALADIER UNDERGROUNDING The City Manager presented the DISTRICT - RESOLUTION staff report and the recommen- NOS. 89 -31 AND 89 -32- dations as follows: (1) Close CONFIRMING A PROPOSED the public hearing on both the ASSESSMENT AND AUTHORIZING original and modified THE ISSUANCE AND SALE OF Engineer's Report. (2) ADOPT BONDS (941) RESOLUTION NO. 89- OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDERING PROPOSED CHANGES TO BE MADE, CONFIRMING A PROPOSED ASSESSMENT, CONFIRMING A -2- APRIL 18, 1989 PROPOSED MAXIMUM ANNUAL ASSESSMENT, ORDERING PROPOSED IMPROVEMENTS To BE MADE AND DECLARING ITS ACTION UPON THE ENGINEER'S REPORT, AS MODIFIED, AND THE ASSESSMENT IN CONNECTION WITH RANCHO PALOS VERDES IMPROVEMENT DISTRICT NO. 5A, DALADIER DRIVE, ET AL. (3) Adopt Resolution No. 89- Resolution of the City Council of Rancho Palos Verdes Authorizing the Issuance and Providing for the Sale of Bonds Representing Unpaid Assessments in Connection with Rancho Palos Verdes Improvement'District No. 5A, Daladier Drive, Et Allis The City Clerk announced that notice of this public hearing had been duly published and posted. Acting Public Works Director Cathy Marschall reported that this was a combined public hearing for comments on the previously prepared engineer's report and for the revised engineers report. The City Attorney announced that this was a public hearing on the District and secondly a public hearing on the proposed changes. If a majority protest is received the District could go ahead on a 4/5 vote of the City Council. Speaking in favor of the formation of the District were the following residents: Elaine Shallenberger, 2214 Daladier; Ralph Welch, 2105 Daladier; Freida Sliskovich, 2041 Daladier. The residents expressed their support for the formation of the District. Speaking in opposition to the formation and representing eight residents in the area was Mr. M. L. McGee, 34 Avenida Corona. Mr. McGee read a prepared statement which presented a lengthy examination of the process followed in the formation and the hearings regarding this undergrounding district. (Mr. McGee's prepared statement is on file with the City Clerk's office and made a part of this record.) With the use of a diagram of the proposed District, Acting Director Marschall explained the boundaries of the District, pinpointed its major view corridors and how the poles affected some of the views. She explained that certain poles would remain because they are required by the Edison Company to provide service elsewhere in the area. Responding to Council's inquiry of why the March 7 hearing was reopened, City Attorney Bill Strausz stated that it was an engineering decision and that the recommendation to reopen the public hearing came from the Public Works Department after considering various methods of reducing the cost of the project. Comments made at the February 21 meeting regarding the closure of the hearing assumed that the hearing was not going to be reopened, however, some of the questions regarding cost prompted the reopening of the hearing. The -3- APRIL 18, 1989 City Attorney remarked that a new notice had been provided notifying residents of this hearing, Representing Southern California Edison Company was Mike Smith, Peninsula Area Manager, He responded to the inquiries regarding the three poles that would remain, and clarified issues dealing with the safety and maintenance of under- grounding versus overhead line. Joel King, 6919 Maycroft suggested that all of the new developments be assessed to pay for the cost of undergrounding. In rebuttal, Mr. McGee, stated that in reopening the hearing this gave the opponents more time to collect support for its formation, Councilman Ryan moved, seconded by Councilman Hincliffe and carried to close the public hearing. The City Clerk reported that five protests had been received from the following parties: Thomas J. McNerney, 43 Avenida Corona; Kruno and Mary Jaksic, owners of a portion of Lot 40 and 41 of Tract No. 21143; Froozan and Safed Afzali, 2146 Daladier Drive; Leonard E. Keto, owner of Lot 29, Robert and Maria Bradarich, 2001 Suanna Drive. Public Works Director Marschall reported that the percentage of protest received was 54.44%, that one request had been made for removal from support, however, it had not yet been verified whether that party was the current owner of the property, RECESS AND RECONVENE At 9:02 p.m. the Mayor declared a recess. At 9-9.15 p.m. the meeting reconvened. AUDIENCE QUESTIONS Responding to the Mayor's call for audience questions was Lois Larue, 3136 Barkentine, who inquired about.how the Redevelopment Agency would raise revenue from the taxes deferred to the Agency. Council responded that the Agency does not have to pay the $15M back in the next 10 years but at the end of that time has to begin making payments. The suggestion was made that perhaps Mrs. Larue should talk with the Finance Director and go over the flowchart that had been previously in the RDA Agenda Packet. I Ms. Larue then proceeded to describe an article in the Tideline publication from the Cabrillo Museum. That article stressed the reduction in the number of seashore animals. -4- APRIL 18, 1989 Also responding to the Mayor's call for audience questions was Joel King, 6916 Maycroft, who requested that the Initiative limiting the terms of office be put on the November ballot, and stated his opposition to the Watt and Marriott projects. DALADIER UNDERGROUNDING Council resumed its discussion DISTRICT (901) of the Undergrounding District. Public Works Director Marschall reported that protest to the changes in the assessment were received from 6.86% of the property owners in District. The total protest to the formation represented 54.44°x. RESOLUTION NO, 89 -31 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDERING PROPOSED CHANGES TO BE MADE, CONFIRMING A PROPOSED ASSESSMENT, CONFIRMING A PROPOSED MAXIMUM ANNUAL ASSESSMENT, ORDERING PROPOSED IMPROVEMENTS TO BE MADE AND DECLARING ITS ACTION UPON THE ENGINEER'S REPORT, AS MODIFIED, AND THE ASSESSMENT IN CONNECTION WITH RANCHO PALOS VERDES IMPROVEMENT DISTRICT NO. 5A, DALADIER DRIVE, ET AL was presented by title. Councilman Ryan moved, seconded by Councilman Hinchliffe to adopt the resolution. The motion carried on the following roll call vote: AYES: McTAGGART, HINCHLIFFE,.HUGHES, RYAN AND MAYOR BACHARACH NOES: NONE RESOLUTION NO. 89 -32 A RESOLUTION OF THE CITY COUNCIL OF RANCHO PALOS VERDES AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF BONDS REPRESENTING UNPAID ASSESSMENTS IN CONNECTION WITH RANCHO PALOS VERDES IMPROVEMENT DISTRICT NO. 5A DALADIER DRIVE, ET AL was presented by title and adopted on motion of Councilman Ryan, seconded by Councilman Hinchliffe and carried unanimously. WARREN SWEETNAM, 7 Toprail, President of the Rancho Palos Verdes Council of Homeowner's Association, inquired about the hearing on the view preservation issue. Council responded that the item would be discussed later on in the meeting. WATT SUBDIVISION TRACT NO. 45667 (1 411) prepared statement of April recommendation and analysis conclusion. (His statement Office and made a part of t Representing the Watt Company was Larry Schmidt, 3330 Palos Verdes Drive West, who read his 18, 1989 which presented his of the environmental review and is on file with the City Clerk's his record.) Also representing Watt Company was their attorney Steve Kaplan, 1334 Parkview Avenue, Manhattan Beach, who read his prepared statement dated April 18, 1989. (The statement is on file with the City Clerk's Office and made a part of this -5- APRIL 18, 1989 record.) Mr. Kaplan further stated that there was enough data to support this 55 unit project on this property and to make the findings why this would be appropriate. Barbara Dye, representing the Trails Committee, said that this area contained a vital east /west link to the trails. She said that it was the committee's hope that the trail would be placed high on the site and not along Palos Verdes South. Speaking in favor of the project and allowing 55 units was Sharon Herzog, 19 San Clemente Drive. She said she had been a resident of the City for two years. Victor Cabas, representing the Monaco Homeowners' Association referred to an earlier letter sent to the Council which addressed the homeowners concerns about land movement in that area. He also referenced the survey done by Public Works Director Wentz, Geologist Perry Ehlig, and Charles Abbott Associates. In particular he cited their November 30, 1988 report which stated there was some land movement but not a landslide. He questioned the removal of 500,000 cubic yards of earth and the resultant 24,000 truck loads which would be traversing the streets in the area. He questioned the adequacy of the number of drillings and borings done on the property to evaluate its stability. He said that the residents of Monaco have nothing new that would change their mind about the slide potential associated with the Watt project. Additionally, he questioned.the zoning and whether this project represented R2 zoning. He said that he felt the project would do little to enhance Palos Verdes Drive South and requested bonding or some other kind of indemnification for damage caused by the construction. He cited the homeowners' unhappiness with the density and requested that It be given careful review with a view towards R1 -2 zoning. W. R. Griffith, 6 Ginger Root Lane, questioned the figures used but suggested that perhaps it was something like 1 1/2 million cubic yards of dirt that would be hauled along Palos Verdes Drive South. He was concerned about the vibration of these trucks and the effect on the landslide area. He said this would work out to about 100 truck loads a day for as long as a year along Palos Verdes Drive South. He said he hoped something could be done to cut down on the amount of dirt that would be exported from the area and suggested that steeper roads be considered. Lois Larue, 3136 Barkentine, questioned if this project met the standards of the Master Plan which called for R -1 and R -2 zoning in this area. Ms. Larue presented a U. S. Geological Survey Map of the area. (This map is on file with the City Clerk's office and made a part of the record.) Ms. Larue also presented a statement by E. Jean Nerko, 6 Packet Road. -6 APRIL 18, 1989 This statement dealt with Ms. Nerko's experience in buying property located near the proposed Watt project, (This statement is on file with the City Clerk's Office and made a part of this record.) Dr. Karl Vonder Linden, Geologist and Mining Engineer, 5 Stowe Lane, Menlo Park, told the Council that the map presented by Ms. Larue was a copy of a map from 1946 and published by the U. S. Geological Survey. This map represented field work done on a broad scale in the 1930's and was published in 1946, John Schoenfield, 30565 Rue Langlois stated his support for the project and said it was important to him that the projects developed be of good quality, Jeanne Smolley, 56 Lime Tree, addressed the issue of the export of dirt along Palos Verdes Drive South, questioned the method to determine the total amount of dirt to be exported, and inquired how the damage to the road from the trucks would be assessed versus the damage from the landslide. Muriel Titzler, 3 Ginger Root Lane, told with previous hauling of dirt along the vibrations were felt at their home. She consider the other projects that will be dirt that will also be moved through the developments. the Council that Streets that the asked the Council to developed and the landslide for those Lyle Quatrochi, 4002 Exultant, cited the amount of dirt that had to be moved and the number of trucks that would be involved in moving the dirt and questioned if the roads in the are could take this kind on traffic. Council then inquired about the staff's investigation of the figures used to determine the amount of dirt to be moved; how Jr soon an independent calculation of those figures could be completed; and, with regard to the Environmental Impact Report, whether or not the City Council had to accept the unmitigatable impact of this earth movement. Council then expressed concern about the damage to private property caused as a result of improving public property; whether there would be liability to the City if the streets in this project were private* and how much of the grading for the roads contributed to the amount of dirt to be moved. Responding to a Council questions regarding the Environmental Impact Report, Jim Hinsdale told the Council there was a significant number of truck trips and that was the cause of the significant impact on the area. He said the Palos Verdes Drive South could physically accommodate the number of trips and truck traffic. He was, however, concerned about some of -7- APRIL 18, 1989 the intersections to the east, particularly during peak hours, Councilman Hinchliffe moved, seconded by Councilman McTaggart to certify the Environmental Impact Report. The motion carried on a 4-1 vote with Mayor Bacharach voting in opposition. A lengthy Council discussion then followed on whether a Council subcommittee should be appointed to work with the Watt Company on this project and whether there were generally too many constraints on building; limiting the grading of the project* the size of the homes, the fact that if the project was not approved by the Council by May 2 that it would proceed as approved by the Planning Commission, Councilman Ryan moved, seconded by Council McTaggart to instruct staff to prepare conditions limiting the grading to 250,000 cubic yards of dirt, allow a maximum of 43 homes, make the streets private in accordance with City Attorney concurrence that they lessen liability, and prepare suggestions for the square footage of the houses. Additionally, to incorporate the balance of the staff recommendations to close the public hearing on Tentative Tract Map No. 45667, conditional use permit No. 130, and grading No. 1061 Appeal. The motion carried on the following roll call vote. AYES: McTAGGART, HUGHES, AND RYAN NOES* HINCHLIFFErAND MAYOR BACHARACH Mayor Bacharach moved, seconded by Councilman Hinchliffe to reopen the public hearing, the motion carried on the following roll call vote. AYES; HINCHLIFFE, HUGHES, AND BACHARACH IT NOES: RYAN AND McTAGGART Council Ryan moved, seconded by Councilman Hinchliffe to deny the appeal, with the understanding that Council was not approving the Planning Commission's recommendations. The motion carried unanimously. Mayor Bacharach moved, seconded by Councilman Hinchliffe to continue the public hearing to May 2, 1989. The motion carried. CONDITIONAL USE PERMIT The City Manager presented NO* 141 APPEAL-7-11 STORED the staff report on this 28041 HAWTHORNE BOULEVARD continued public hearing to (701) x (1801) deny the appeal thereby up- holding the Planning Commission's decision conditionally approving Conditional Use Permit No. 141 requiring that the store close between the hours of 11:00 p.m. and 6:00 a.m. -8- APRIL 18, 1989 The appellant in this matter J. D. Greene, 201 Carriage Place, Manhattan Beach, read a statement prepared by Rita Haines describing her use of- this convenience store and requesting that the appellant be granted the hours requested. Mr. Greene told the Council that he has owned the store since 1983 and that reduction in the hours of operation would cut his income in half. He also requested relief from the requirement that two people be on duty for the hours of business. He told the Council that he would work with the City to solve any problems that would arise at the location. He also referred to a letter from Newell Sports supporting the 24 hour operation. Council then inquired if the loss in income was due to the reduction in hours or the number of personnel, and the percentage of sales between the hours of 11:00 p.m. and 6:00 a.m. Edward Hee, 28212 San Nicolas Dr., spoke in favor of the 24 hour operation of this store. Chris Ferraris, Marketing Manager for Southland Corporation, 120 State College Boulevard, Brea, California told the Council that the Southland Corporation would be willing to serve on any task force to relieve some of the problems that may be encountered with youths at this location. Also representing the appellant was Steve Wiener, 12100 Wilshire Boulevard, Attorney for Southland Corporation who said that the rules are strictly enforced in the store, that the Southland Corporation has a good record for supporting major charity events, that this store was ideally located and cited the security.of the store and the fact that it is not visible from more than two homes in the area. Betty Meehan, 28520 Blythewood Drive, told the Council that she loves the 7-11 store, Speaking in opposition to increased hours of business were Anne Ruona, 6327 Ridgepath, Joseph Marino, 6203 Marino Drive. These residents complained about the noise emanating from the 7-11; the slamming of doors in the early hours of the morning; the fact that the Sheriff has to be called on numerous occasions; and cited that there are other 24 hour stores in operation close to the Peninsula. Ms. Ruona referred to the petition signed by 128 residents in the area opposing increased hours of operation. Responding to Council inquiry about the Sheriff activity at this site was Captain Dennis Gillard, Commander of the Lomita Sheriff's Station. He referred to the crime activity report and commented that between July 1, 1988 and this date . there had been four crime reports at that location. He said that there may have been other activity not classified as crime. -9- APRIL 18, 1989 Councilman Ryan moved, seconded by Councilman Hinchliffe and carried to close the public hearing. A Council discussion ensued about the security of the parking lot in the area; the accumulation of trash along the curb, particularly over the weekend* and, whether a security guard in the store would relieve some of these weekend problems. Additionally, discussion centered around whether there should be different hours for the weekend, and if a meeting should be held between the store owner and the Ridgecrest Homes Association to discuss this matter further. Mayor Bacharach's motion to arrange a meeting between the Southland Corporation, the Homeowner's Association and the staff died for lack of a second. Councilman Ryan moved, seconded by Councilman Hinchliffe to adopt the staff recommendation. The motion carried on the following roll call vote,, 0 AYES, McTAGGART, HINCHLIFFE, RYAN NOES: HUGHES, BACHARACH RECESS AND RECONVENE: At 12.-26 a.m. the Mayor declared a recess. At 12**35 a.m. the meeting reconvened. Council resumed its discussion of the hours of operation of the 7-11 store on motion of Councilman McTaggart's, seconded by Councilman Hughes. Councilman McTaggart moved, seconded by Councilman Hinchliffe to approve closing hours for Friday and Saturday from 12.*00 Midnight to 5:00 a.m. and closing hours from Sunday through Thursday to be 11:00 p.m. to 5:00 a.m. RESOLUTION NO, 89-33 Was presented by title and DENYING CONDITIONAL USE adopted as amended on motion. PERMIT NO* 141 - APPEAL The motion carried on a 4-1 (1804) vote with Mayor Bacharach voting in opposition, MARRIOTT LIFECARE FACILITY - RESOLUTION NO 89-34 MAKING CERTAIN ENVIRON- MENTAL FINDINGS AND RESOL- UTION NO. 89-35 APPROVING CONDITIONAL USE PERMIT NO* 131* (1804) City Manager McDuffie pre- sented the staff memorandum of April 18 and the'recomm- endation as follows,* Review the attached draft resolutions for certification of the Final EIR with mitigation measures and for the approval of Condi- tional Use Permit No. 131, Variance No. 182 and Grading Permit No. 1066 with conditions. If appropriate, adopt the resolutions or direct staff to amend these documents as necessary. -10- APRIL 18, 1989 Council then proceeded to discuss the various conditions of the proposed resolution as outlined in Exhibit B to the proposed resolution. In particular, Council clarified and made more explicit the intent of the affordable housing units and the level of income to qualify for those units. Additional discussion included clarification of the landscaping and irrigation plan, the schedule of work hours during construction and the fact that they should not start and end at peak hours; clarification of who would be responsible for paying the environmental excise tax: the hauling route of the trucks within the City; clarification of the replanting of mature trees on site; the parking review requirement; and lastly the provision to be made to clean the Art Center as determined by the Director of Environmental Services during construction. A provision was then added requiring the applicant to participate and pay any fee required by the "Art in Public Places" policy adopted by the City Council by April 1990. Sunshine, 6 Limetree, concerned about the fencing of the project during construction requested that an area be left open along Crenshaw to allow access. RESOLUTION No 89 -34 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES MAKING CERTAIN ENVIRONMENTAL FINDINGS IN CONNECTION WITH THE APPROVAL OF CONDITIONAL USE PERMIT NO. 131, VARIANCE NO. 182 AND GRADING PERMIT No. 1066, was presented by title and adopted as amended on motion of Councilman Hughes, seconded by Councilman Hinchliffe. The motion carried on the following roll call vote: AYES: HINCHLIFFE, HUGHES AND MAYOR BACHARACH NOES: McTAGGART AND RYAN RESOLUTION NO. 89 -35 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT No. 131, VARIANCE NO. 182 AND GRADING 1066 FOR A RESIDENTIAL CARE FACILITY LOCATED AT THE INTERSECTION OF CRENSHAW BOULEVARD AND CRESTRIDGE ROAD -was presented by title and adopted as amended on motion of Councilman Hughes, seconded by Councilman Hinchliffe. The motion carried on the following roll call vote: AYES: HINCHLIFFE, HUGHES, BACHARACH NOES: McTAGGART AND RYAN PROPOSED OFFER - The City Manager presented the EASEMENT, 7 ROCKINGHORSE staff memorandum of April 18 ROAD (450 X 1201) and the following recommen- dations: 1. Authorize the City Attorney to prepare an Irrevocable offer to Dedicate an Equestrian Trail Easement and re- -11- APRIL 18, 1989 quest the property owner to sign as a condition of approval for Height Variation Application 591. 2. Authorize acceptance of the proposed Offer to Dedicate. 3. Designate the easement in the revised Trails Network Plan as the Tripani Trail (formerly known as the McDonald's farm Trail and Isom Trail). The owner of this property, Michael Trapani, 7 Rockinghorse Road, told the Council he bought this property two years ago and was advised by the previous property owner that the lawsuit involving this trail had been settled. During the past two years he has had three people request that the Trail be opened. Mr. Trapani said that everybody on his block has requested that the Trail be closed. He questioned the connection between his height variation and this Trail easement, Sunshine, 6 Lime Tree, told the Council that she was available to answer any questions that may arise. Council then inquired if there were any funds available to pay for the acquisition of this easement, and questioned the nexus of this easement to the proposed second story variance requested by Mr. Trapani, It was the consensus of Council that the staff should work with the Trapanis in a cooperative manner and see if something can be worked out for the acquisition of this easement. Council commented that perhaps since this easement is in the area of an existing utility easement this may reduce the price of the property, ABALONE COVE SHORELINE The City Manager presented the PRESERVE - DEVELOPMENT the staff memorandum of April (1201)x(1801) 18 and the following recommen- dations. 1) Approve a loan to the Redevelopment Agency of up to $235,000 to fund improvements at Abalone Cove Shoreline Preserve, and 2) direct staff to release bid packets. Councilman Ryan moved, seconded by Mayor Bacharach and carried to approve the staff recommendation. It was the consensus that Council should approve the design of the building to be erected. CITY COUNCIL REPORTS. RECYCLING REVENUE Referring to the April 14 memo- UTILIZATION (1301) randum, the Mayor recommended that Council approve programs for utilization of the revenue received by the City from the voluntary curbside recycling. The programs included -12- APRIL 18, 1989 beautification grants and a recycling participation lottery. Discussion then followed on the lottery program and the fact that as outlined in the staff report it would discriminate against those people who did not generate aluminum or glass and may only have paper to recycle. Warren Sweetnam, 7 Top Rail Lane, President of the Rancho Palos Verdes Council of Homeowners' Association told the City Council his organization would like to see the money go back to the citizens either through homes associations or through a reduction in the cost for the trash collection or be used for maintenance of streets. Speaking as President of the Rockinghorse Homes Association he said that they would like to see the money be used to maintain their private roads. Councilman Ryan moved, seconded by Mayor Bacharach and carried to approve the recycling participation lottery program and anybody who sends in the card and is found to be recycling will get one years free service. Also, to approve the beautification grants program. PROTECTION OF VIEWS (1407) Referring to the Covenant to Maintain Property to Protect Views, Councilman Ryan reported that people in the Seaview area want to sign these covenants, however, it does not explicitly state who will pay for cutting the tree. He stated that he thought it was the intent that the person requesting the removal of the tree would pay the cost involved. The City Attorney indicated that it would be permissible to change this Covenant if that indeed was the intent of the Council. Elsa Cortes, Highpoint Road, stated she felt that everybody should pay for the removal of trees on their own property and that the problem of trees belonged to those who planted them. Councilman Ryan moved, seconded by Councilman McTaggart and carried to provide the Seaview area with a Covenant that included a statement that the person requesting the tree to be removed would pay the cost involved. The Mayor announced that on May 3 there would be a Town Hall Meeting to discuss the subject of views. She requested that the tree subcommittee (Hughes/Ryan) work on an agenda for that meeting. Warren Sweetnam, 7 Top Rail representing the Rancho Palos Verdes Council of Homeowners Association said it was the position of that organization that the trees belonging to the property owner should be maintained by that person. He requested that the City Council adopt the Citizens Initiative dealing with view protections -13- APRIL 18, 1989 5TH TUESDAY MEETING The Mayor reminded the Council IN MAY (307) that May 30 was reserved for a meeting with the committees and commission and that the issue of development of the coastal area would be the item of discussion. Currently it is planned that from 6,*00 p.m. to 8:00 p.m. coastal issues would be discussed and after 8:00 p.m. the meeting will be opened up for public discussion. PALOS VERDES ESTATES Referring to a recent brochure SUMMER SWIM PROGRAM (1201)x mailed to residents on the (310) Peninsula, Councilman Hughes questioned the proposed fee schedule which charged a higher fee to residents who are not members of the Palos Verdes Unified School District. He cited the fact that 20% of this City is within another school district and that this fee policy resulted in those people paying a higher fee. He requested that the Mayor write a letter requesting that this policy be such that residents within the City of Rancho Palos Verdes not be discriminated against because they are members of another school district. CITY MANAGER REPORTS: STATUS OF COUNCIL DIRECTIVES Responding to Council's inquiry about the schedule for the Hawthorne undergrounding, staff reported that the Edison Company had already received bid packets. ITEMS REMOVED FROM THE CONSENT CALENDAR, HOUSING ELEMENT UPDATE Mayor Bacharach reported that CASTANEDA & ASSOCIATES she requested the supplemental (701) report on this item so Council could be aware of the selection process followed in the recommendation for Castaneda & Associates since they were not the low bidder for this item. Staff explained the investigation process followed in checking the background and experience of other bidders and the reason for choosing this firm. Council inquired about the effects of the proposed hotel on the housing element and the recommendation was made that staff read the latest issue of the Golden State Report Magazine. Mayor Bacharach moved, seconded by Councilman Hughes to approved the staff recommendation and authorize the Mayor and City Clerk to sign a Letter of Agreement with Castaneda & -14- APRIL 18, 1989 Associates to prepare an updated housing element of the general plan for a contract price not to exceed $25,000. The 0 motion carried on the following roll call vote. AYES. McTAGGART, HINCHLIFFE, HUGHES, RYAN, MAYOR BACHARACH NOES* NONE Is ADJOURNMENT. At 2:15 a.m. the meeting adjourned to May 1 at 6:00 p.m. at City offices for a budget work session. MAYOR Min97 -15- April 18, 1989