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CC MINS 19870304M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 4, 1987 The meeting was called to order at 7:30 P.M. by Mayor Melvin W. Hughes at the Hesse Park Community Center, 29301 Hawthorne Boulevard. After the Pledge of Allegiance to the Flag, roll call was answered as follows: PRESENT: McTAGGART, HINCHLIFFE AND MAYOR HUGHES ABSENT: B AC HARAC H LATE ARRIVAL: RYAN @ 8:21 P.M. Also present were City Manager Dennis W. McDuffie, Finance Director Kevin N. Smith, City Attorney Steve Dorsey, Director of Environmental Services Robert Benard, City Clerk Jo Purcell, and Public Works Director George Wentz. CEREMONIAL MATTER - EDUCATIONAL EXCHANGE STUDENTS (304) Mayor Hughes presented a ceremonial proclamation to the educational ex- change students for Chib en Wakayama High School in recognition of their enthusiasm, commitment and leader- ship as members of the student ex- change program. WAIVER OF FULL READING OF Councilman McTaggart moved, seconded ORDINANCES & RESOLUTIONS by Councilman Hinchliffe and carri- ed, 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, unless specific request was made at that time for the reading of such ordinance or resolution. APPROVAL OF AGENDA 707CP /MIN1.1 The City Clerk announced the follow- ing additions: Tree Policy (Ryan), No Smoking Ordinance (Ryan), and American Constitution Week (Hughes). The agenda as amended was approved on motion of Councilman McTaggart , seconded by Councilman Hinchliffe and carried, CONSENT CALENDAR The Consent Calendar was approved as follows on motion of Councilman Mc- Taggart, seconded by Councilman Hinchliffe. MINUTES Approved the minutes of January 27, 1987 and February 17, 1987. WAIVER OF FACILITY USE FEES Approved waiver offer from Rolling (1201) Hills Estates Women's Club, FACSIMILE SIGNATURE EQUIPMENT Approved Bank of America National ( 602) Trust and Savings Association, as a designated depository of this City is authorized to honor all checks, drafts, and other orders for payment of money drawn in this City's name on its account bearing the facsimile signature(s) of Dennis W. McDuffie and Kevin N. Smith. ARTERIAL SIGN UPGRADE (1404 ) AWARD OF CONTRACT - ALTAMIRA CULVERT ( 604 ) EASEMENT VACATION #2 (45 0 x 1201) LEGISLATION (306) RESOLUTION NO. 87 -12 - REGISTER OF DEMANDS Authorized staff to proceed with award and construction of HES -OOS (140) Arterial Sign Upgrade in an amount not to exceed $206,000 for construction. Awarded a contract to Novico, Inc. in the amount of $92,882.50, Referred the requested easement va- cation to the Trails Committee for investigation. Opposed the Reagan Administration's budget proposal eliminating State funding from the Land and Water Con- servation Fund in 1988 and directed staff to notify our representatives of the City's position. ADOPTED RESOLUTION N09 87-12 ALLOW- ING 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: HINCHLIFFE , McTAGGART, AND MAYOR HUGHES NOES: NONE ABSENT: B AC HARA.0 H LATE ARRIVAL: RYAN @ 8:21 P.M. PUBLIC HEARING COMMUNITY DEVELOPMENT BLOCK Mayor Hughes opened the public hear- GRANT FUNDS ( 601) ing on this use of Community Devel- opment Block Grant Funds. The City Clerk reported that notice had been published. City Manager McDuffie presented the recommendation to ap- prove the expenditure of the 13th year Community Block Grant Funds of $1663286 to be used on the Landslide Redevelopment Road Realignment Pro- ject. He went on to say that because the landslide area is blighted it qualifies for use of these funds. Over the past three years the City has spent or encumbered approximately $500,000 in CDBG Funds in 'the landslide area. The Redevelopment Project area is the only location within the City where these funds qualify. There being no - response to the Mayor's call for public testimony, Council- man McTaggart moved, seconded by Councilman Hinchliffe to close the public hearing. Councilman McTaggart moved, seconded by Councilman Hinchliffe and carried to adopt the staff recommendation for the expenditure of these funds. CODE AMENDMENT NO. 23 - MORATORIUM Mayor Hughes opened the public hear - EXTENSION FOR CONVENIENCE STORES ing on this matter and reported that (1801) since the date of the public hearing was erroneously published in the Newspaper that the hearing could be held but would have to be continued to March 17, 1987. City Manager McDuffie presented the recommendations as listed in the staff report: (1) Receive public testimony and close the public hearing; (2) Consider the initial study for Environmental Assess- ment No. 502 and approve a Final Negative Declaration; (3) Introduce the ordinance implementing Development Code No. 23 as recommended by the Plan- ning Commission; and (4) Extend Urgency Ordinance No 206U to continue the existing moratorium until a new Ordinance is effective or until March 31, 1988, whichever occurs first, In response to the Mayor's call for public testimony were the following residents: Robin Lindsay, 28825 Gunter Road, representing the Crestwood Street School PTA; Leron Gubler, representing the San Pedro Chamber of Com- merce; Melinda Downing, 1914 Caddington Drive; Naomi Phillips, representing the Rancho Palos Verdes Homeowners Council; and, representing La Mancha De- velopment Company was Thomas Flattery, 11440 San Vicente Boulevard, Los An- 707CP /MIN1.1 -8 -3- March 4, 1987 geles. The concerns expressed by the residents centered on the fact that convenience stores can sometimes become areas of crime, illegal sale of liquor to minors occur there and generally, the nuisance that these stores attract. The Homeowners Council presented a resolution which listed their concerns with the Conditional Use process recommended for this amendment. That resolution is on file with the City Clerk's office. The representa- tive of La Mancha Development Company said that they will develop the pro- perty consistent with the City's regulations but requested that the Council not limit its use and consider the effects of having a moratorium for a year. (At 8:21 P.M. Councilman Ryan arrived at the meeting.) Mr. Flattery went on to say that he had no problem complying with the Code in its pre- sent form in that it allowed for development to to be handled on a case by case basis . Councilman McTaggart moved, seconded by Councilman Ryan to continue the public hearing to March 17, 1987. The motion carried. Council then proceeded to discuss the various provisions of the ordinance as presented: whether the section dealing with "applicability" should be reduced from 180 days to 90 days, and whether the setback requirements in Section 17.25.030 should be increased to 200 feet. Council then discussed the particular kind of disturbances that occur around these kinds of stores, especially the noise factor. They went on to discuss the hours of operation, whether the restriction on liquor was calculated upon shelf or floor space, the exact definition used for convenience stores, and at what point a convenience store becomes a mini - market. Also discussed was the fact that these convenience stores sell ready -to -eat food, however they do not provide seating. Consequently, people sit in their cars and eat and this usually results in the playing of radios. It was the consensus that the big difference hinges on the fact that food is consumed on the premises at these convenience stores. Council discussion continued and it was the consensus that staff should address the concerns presented by the Council, especially with regard to the eating, the fact that no seating is provided, the noise factor and generally the clientele attracted to these convenience stores. Staff was directed to address these concerns and devise a better definition for mini and convenience stores to better fit the description and concerns of the City Council, RECESS AND RECONVENE AUDIENCE QUESTIONS PARADISE COVE (109 x 1201) CONSTRUCTION ON DAUNTLESS (1411 x 450) At 9:00 P.M. the Mayor declared a recess. The meeting reconvened at 9:15 P.M. Responding to the Mayor's call for audience questions was Daphne Clark who presented her concerns to the City Council about the conditions existing at Paradise Cove. Council directed this matter to the staff. Mr. Ken Heikes, 32210 Helm Place, described to the City Council the possible effects that the construc- 707CP /MIN1.1 -8 -4- March 4, 1987 tion of the proposed GTE building would have on his property. He said that he is the most affected property owner by this building, however he did not receive any notification of the construction. It was the consensus that staff should look into this matter and report back at the next meeting. If such a deficiency occurred in the notification, the City Attorney opined that the public hearing may have to be re- opened. MARINELAND - EXTENSION OF City Manager McDuffie presented the ORDINANCE N0. 213U staff memorandum of March 4, 1987 (1804) and recommended that Council adopt the proposed ordinance which would extend Ordinance No. 213U. City Attorney Dorsey clarified this ordinance and the fact that it encom- passed in its entirety Ordinance No. 213U and went beyond that to deal with the fact that the owners of Marineland have not indicated the future plans for the site and that the closure of the park has eliminated a regional ed- ucational, recreational and cultural resource utilized by millions of area residents. The adoption of this ordinance is necessary to alleviate the immediate threat to the public health, safety and welfare and insures that no demolition permits will be issued for Marineland before the City can determine whether efforts to preserve any of the educational, recreational or entertainment uses of the site and the Marine Animal Care Facility are feasible. ORDINANCE N0. 214U OF THE CITY OF RANCHO PALOS VERDES AMENDING AND EXTEND- ING ORDINANCE N0, 213U AND DECLARING THE URGENCY THEREOF WAS READ BY TITLE and ADOPTED on motion of Councilman Hinchliffe, seconded by Councilman Ryan and carried. Council then proceeded to discuss various sections of the ordinance, par- ticularly Section 5 and it was the consensus that the City Attorney would prepare another ordinance with a revised Section 5. Council went on to discuss the penalties involved in the violation of the Coastal Act since Marineland had erected barriers preventing public access to the coastline. These fines are $5,000 per day with a $10,000 fine for violation of the act. Marineland has been notified of their violation and has been notified daily of their continued violation. Even though the bar- ricades have been removed, Marineland is still responsible for paying these fines /charges. (At 9:57 P.M. Councilman Hinchliffe left the meeting.) En- vironmental Services Director Benard reported that he had visited Marine- land, that the signs had been taken down and that he had been granted ac- cess to the parking lot. He was able to access to the bluffs from the west parking lot. He, however, was denied access to the beach adjacent to the the pier. Previously, access to this beach area was available so that is considered a continuing violation. City Manager McDuffie reported that the dolphin sign was damaged; plans have been made for the removal of the whale and the dolphins and they will be stored for safe keeping. Responding to the Mayor's call for public testimony were the following people: Traci Filak, 1275 Capital Drive; Teri Samansky, 7522 West 10th Street, San Pedro; and, Bryant Winchell. All of these people expressed 707CP /MIN1.1 -8 -5- March 4, 1987 concern about the loss of this educational facility, particularly since it was available to schools in the area, and they were also concerned about the health of the animals that had been removed. Mr. Winchell presented letters that he had received from various organizations expressing their concern about the loss of the facility. These letters are on file with the City Clerk's office. Council resumed discussion on the disposition of Marineland and it was dis- closed that Mr. Jim Harris is no longer working on this matter. After dis- cussion of several ideas regarding the disposition of the park and the ani- mals, Councilman Ryan moved, seconded by Councilman McTaggart that the City Attorney thoroughly investigate all aspects of possible anti -trust viola- tion on the part of Harcourt, Brace and Jovanovich, and to send letters to state legislators requesting that they consider urgency legislation pre- venting the removal of these animals from the State of California. The mo- tion carried unanimously. RECESS At 10:35 P.M. the Mayor declared a brief recess. The meeting reconven- ed at 10:43 P.M. LA VISTA VERDE SEWER ASSESSMENT, City Manager McDuf f ie presented the DISTRICT N0. 8 ( 901) staff memorandum of March 4. 1987 and a recommendation to adopt the proposed resolution proposing cer- tain changes to Resolution 86 -68. He went on to explain that the City Attorney's office has recommended that we proceed through the public review process again on this district since the bids that were originally received were higher than those bids include in the original petition and that the Engineer's Report was modified and not officially acted upon by the Council at the January 19, 1987 meeting. Representing Mr. Reinhold Grassl was his attorney, Mr. Ferguson, 600 East Colorado Boulevard, who requested that the Council reconsider their decision to make his client part of this district. Referring to a map that he had presented to the Council which outlined the district showing the location of his client's lot in relation to the rest of the district and showing the flow of the proposed district. If Mr. Grass l' s lot is included, he will need two sewage pumps, which he felt was unreasonable, Council briefly described the fact that the steepness of the lot did cause some problems but that it was not practical to connect to an existing sewer line in the area. RESOLUTION N0, 87 -13 PROPOSING CERTAIN CHANGES TO BE MADE TO THE ENGINEER'S REPORT PREPARED IN CONNECTION WITH PROPOSED RANCHO PALOS VERDES IMPROVEMENT DISTRICT NO. 8 AND AMENDING ITS RESOLUTION NO. 86 -68 WHICH DECLARED THE INTENTION OF THE CITY COUNCIL TO ORDER IM- PROVEMENTS FOR SUCH PROPOSED IMPROVEMENT DISTRICT NO. 8 WAS PRESENTED BY TITLE and ADOPTED on motion of Councilman McTaggart , seconded by Councilman Ryan and carried. CITY COUNCIL REPORTS: Report on Regional Sheriff - Mayor Hughes reported on the most recent meet- ing of that committee and the fact that based on the incident rate that there will be a reduction in the fee, however the overall rate for the 707CP /MIN1.1 -8 -6- March 4, 1987 Sheriff's Department will be increased. He reported that there has been a reduction in the number of incidents of crime in the City. It was not yet established whether or not the number of false alarm responses had been re- duced. He reported that the Sheriff's Department is developing a computer data base to show why particular kinds of incidences are on the upswing or are decreasing. Report on Trip to Washington D.C. - The Mayor briefly reported on their lobbying efforts with the Army Corps of Engineers and with local represent- atives in an effort to get consideration for funds to prepare a study for the coastline. Councilman Ryan reported on his discussion with other rep- resentatives on the affect of the tax on utility undergrounding. Staff was requested to contact Don Bennyinghoven the League of California Cities rep- resentative in Washington to make sure that this item is brought to the floor at the Los Angeles County League meeting. Tree Policy - Councilman Ryan reported on his meeting with the Rolling Hills Riviera Homes Association and the clarification of whether or not trees should be removed if they do not show any signs of damage to the sidewalk. He requested that this item be brought back at the next Council meeting and that staff prepare clarification on whether or not trees should be removed if no damage is now evident but if they have caused damage in the past. Additionally he requested to know the standard for making re- pairs to sidewalk cracks and questioned whether or not we are repairing superficial cracks. He requested that this item be also brought back to the next agenda. Smoking Ordinance - Councilman Ryan suggested that the consideration be given to a recommendation prohibiting smoking in all City buildings. Staff responded that smoking was indeed prohibited in all of the parks. It was the consensus that staff would prepare a policy prohibiting smoking in City Hall, American Constitution Week - Mayor Hughes reported that he had received a request from the local chapter of the Daughters of the American Revolution requesting that the City proclaim the week of September 17, 1987 as Ameri- can Constitution Week. Since this is the centennial of the Constitution and since it is Council policy not to prepare proclamations for such events he requested they consider this an exception and that the City Council con- sider issuing a proclamation. No objections were cited. CITY MANAGER REPORTS RECESS AND ADJOURNMENT City Manager McDuffie reminded the Council that there will be a general meeting of the Contract Cities on March 18, 1987. The City is co-host for that event. At 11:28 P.M. the Council recessed to a closed session on motion of Councilman McTaggart, The City At- torney said that under discussion 707CP /MIN1.1 -8 -7- March 4, 1987 would be the latest report on the Horan case and over one other item of potential litigation and a matter concerning personnel. At 12:00 A.M. the meeting reconvened and recessed to March 14, 1987 at 10:00 A.M. at City Hall for a Council Work Session on coastal issues. Mayor ATTEST: 707CP /MIN1.1 -8 -8- March 4, 1987