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CC MINS 19870519M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MAY 191 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: BACHARACH, HINCHLIFFE , McTAGGART , & MAYOR HUGHES LATE ARRIVAL: RYAN Also present were City Manager Dennis W. McDuf f ie , Finance Director Kevin N. Smith, City Attorney Steve Dorsey, Director of Environmental Services Robert Benard, and City Clerk Jo Purcell, CEREMONIAL MATTER Representing General Telephone was (304) Kevin Peterson who presented to the Council video tapes on earthquake preparedness which could be used by the City for public information and education on disaster preparedness. WAIVER OF FULL READING OF Councilman Hinchliffe moved, second - ORDINANCES & RESOLUTIONS ed by Councilwoman Bacharach 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, unless specific request was made at that time for the reading of such ordinance or resolu- tion. APPROVAL OF AGENDA The City Clerk announced the follow- ing additions: leaf blowers (Ryan) and Council review of Planning Com- mission decisions (Ryan). The agen- da as amended was approved on motion of Councilwoman Bacharach, seconded by Councilman Hinchl i f f e and carri- ed, 707CP /MIN14.1 CONSENT CALENDAR The Consent Calendar was approved as follows on motion of Councilwoman Bacharach, seconded by Councilman Hinchliffe. MINUTES Approved minutes of May 4, 1987. LEGISLATION (1) Supported the Los Angeles County Board of Supervisors motion to urge the State Legislature to impose upon itself the same requirements of the Brown Act that are applicable to lo- cal levels of government; (2) Supported AB 1188 (Cortese), Business Inven- tory Exemptions Subvention Legislation; and (3) Supported AB 10 (Katz), Vehicle Loads /Aggregate Materials. (4) Supported SCR 34, designating State Highway Route 105, the Glenn Anderson Freeway. RESOLUTION N0, 87 -28 AUTHORIZING ACCEPTANCE OF DEED TO BUILDING LOCATED AT 30942 HAWTHORNE (1201) x (1401) NUISANCE ABATEMENT AT 4720 DAUNTLESS DRIVE (1204) CLAIM AGAINST THE CITY BY CHRISTOPER WEAVER ( 303 ) CLAIM AGAINST THE CITY BY JOSEPHINE APPEL (303) CLAIM AGAINST THE CITY BY ALBERT W. APPEL ( 303 ) CONTRACT FOR PLANTING CITY HALL ENTRANCE (1201) RESOLUTION NO. 87 -29 ADOPTED RESOLUTION NO, 87 -28 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING ACCEPTANCE AND RECORDING OF DEED TO THE DIS- TRICT BUILDING PROPERTY LOCATED AT 30942 HAWTHORNE BOULEVARD* Approved the billing and authorized the Mayor to sign the billing no- tice. Rejected the claim and directed the City Clerk to notify the claimant. Rejected the claim and directed the City Clerk to notify the claimant. Rejected the claim and directed the City Clerk to notify the claimant. Rejected all bids. ADOPTED RESOLUTION NO. 87 -29 APPROV- ING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME CAN BE PAID, Ma 1- 1987 The motion to approve the Consent Calendar carried on the following roll call vote: AYES: BACHARA.CH, HINCHLIFFE , McTAGGART , RYAN AND MAYOR HUGHES NOES: NONE ORDINANCE NO. 217 - DEVELOPMMENT CODE AMENDEMENT N0. 23 (CONVENIENCE STORES) (1801) City Manager McDuffie presented the May 19, 1987 staff memorandum and the following recommendations: (1) incorporate the subcommittees recom- mendations into the ordinance. (2) Approve the final negative declara- tion for the code amendment. (3) Introduce the ordinance. Council then discussed the definition of food service and convenience stores and the various standards that make up that kind of store. Discus- sion centered on the fact that determination of whether it is a convenience store or not is discretionary on the part of the Director of Environmental Services. Council then proceeded to discuss the delivery time set out in the proposed ordinance and it was the consensus that delivery should be made between the hours of 6:00 A.M. and 9:00 P.M. Also discussed was what size would constitute a small store. Stanley Mucha, 5538 Littlebow Drive, commented that these types of stores are usually on well traveled streets and objected to the video games in the stores because they lead to a "club house" atmosphere. He requested that the video games be prohibited. Council then resumed its discussion of the proposed ordinance and it was the consensus that video and arcade games would not be allowed in these convenience stores. Councilwoman Bacharach's motion to delete the requirement for 75 square feet of interior seating designated to the consumption of food products on premises died for lack of a second. She then moved to delete the require- ment for the four outdoor trash containers at each pedestrian entrance. That motion also died for lack of a second. Councilman McTaggart moved, seconded by Councilman Ryan to adopt the staff recommendations with the proposed changes to the ordinance: that the word "small" and "compact" be stricken from the definition of convenience store, that arcade and video games be prohibited, that the hours of delivery be from 6:00 A.M. to 9:00 P.M. His motion carried on a 4 -1 vote with Council- woman Bacharach voting in opposition. ORDINANCE NO. 217 OF THE CITY OF RANCHO PALOS VE RDE S AMENDING CHAPTER 16.04, ADDING CHAPTER 17925, AND MAKING SEVERAL MISCELLANEOUS REVISIONS TO THE DEVELOPMENT CODE AS CODE AMENDMENT NO, 23 was read by title. Council- man Hinchliffe moved, seconded by Councilman Ryan to waive further reading and introduce the ordinance. The motion carried on a 4 -1 vote with Coun- cilwoman Bacharach voting in opposition. 707CP /MIN14.1 -7 -2- May 19, 1987 CABLE TV - RATE INCREASE City Manager McDuff ie presented the ( 605 X 1601) May 19, 1987 staff memorandum which contained a background on the rate increase effective April 1, 1987 as announced by Dimension Cable. As part of the restructuring of the cable service, Dimension Cable no longer offers the limited 22 channel service at $8.80 per month as basic service, The new basic service combined the limited service and the expanded satel- lite tier of service into one package of 36 channels. Councilman Ryan read a prepared letter to send to the cable company object- ing to their changing the structure of the basic service. He then moved, seconded by Councilman McTaggart to send a letter to the cable TV company telling them that the City wants them to retain the basic tier of UHF and VHF and that other services be put on a voluntary basis. Council then dis- cussed the proposed motion and whether or not the City had the ability to regulate the kinds of services provided by the cable company, and question- ed the survey performed by the cable company itself. Representing the cable company was Tom Tompkins, who explained to the Council the survey done by his company in polling the customers to deter- mine whether they preferred the expanded service level or the limited basic service. The motion to send the letter to the cable company failed on a 3 -2 vote with Members Hughes, Hinchliffe and Bacharach voting in opposition. SUBSTANDARD PROPERTY AT 30 NARCISSA DRIVE - APPEAL (1801) City Manager McDuffie presented the May 19, 1987 staff memorandum and the recommendation to dismiss the appeal of declaration of substandard property at 30 Narcissa Drive there- by upholding the building official's action. Representing the applicant Dr. Melvin Lewin was his attorney Ron Beck who requested clarification of the scope of the order to abate. He requested that part of the structure be allowed to stand and that his client be able to perform the remedial grading and fill in the cracks. Council then inquired whether engineering estimates of repair had been per- formed, and whether there would be habitation in the portion of the house that would remain standing. Addressing Mr. Beck's concern about his client's ability to rebuild the house should it be demolished, the City Attorney opined that the code now says that when a home has been abandoned cannot be lived in again until the moratorium in the area is lifted. Council concern was expressed that the condition at this location not be allowed to continue for fear of further exacerbating the conditions in the slide area and the fact that the City has been requesting remedial action from Dr. Lewin for almost a year. 707CP /MIN14.1 -7 -3- May 19, 1987 Councilman Hinchliffe moved, seconded by Councilwoman Bacharach to adopt the staff recommendation with a modification to include staff review if there is evidence that progress is being made on the abatement. Addition- ally, all the work must be completed by October 1, 1987. The motion carried unanimously. RECESS At 9:25 P.M. the Mayor declared a recess. The meeting reconvened at 10:45 P.M. Responding to the Mayor's call for audience questions for items not on the agenda was Sunshine, 16 Limetree, who requested that the City consider donating some of the spare railroad ties and chain link fence to be used on some of the trails areas. Relative to some chain link fence on Palos Verdes Drive South near the Aba- lone Cove Beach, Council requested that staff inspect this area to see if it could be removed, Public Works Director Wentz was directed to follow -up on both of these matters. TRAFFIC CONDITIONS - PALOS VERDES City Manager McDuffie presented the DRIVE EAST AT MIRALESTE HIGH May 19, 1987 staff memorandum and SCHOOL (1503 X 1401) the recommendation that the school board be notified that the City op- poses their present plan of having high school and seventh and eighth grade classes start at the same time. Council then discussed that perhaps a more appropriate method for handling this situation would be for the school committee (Ryan /Hinchliffe) to discuss it with representatives of the school board. Council briefly discussed the possibility of having a traffic officer at that location and the fact that this perhaps should be shared by all the cities on the Peninsula. The suggestion was made that perhaps the school district would consider using an entrance near the li- brary building because this would alleviate some of the traffic problems in the area. It was the consensus that the school subcommittee would meet with representatives from the school board. The Director of Public Works was directed to determine an appropriate date for such a meeting. CITY COUNCIL REPORTS: Contribution In Aid of Construction - Councilman Ryan reported that Con- gressman Matsui has sought an opinion letter from the Secretary of the Treasury, and the IRS to remove the requirement for the gross up and tax on undergrounding. He requested that a thank you letter be sent to the Con - gressman for his efforts and continue to urge him to work on this matter because of its urgency. Additionally, he requested that a letter be sent to the Coastal Commission and Congressman Lungren explaining the Congress- man's efforts and requesting their help by lobbying the Secretary of the Treasury with regard to this matter. A law judge and the PUC will be issu- ing a decision on this matter some time in July. Apparently a letter of opinion from Congressman Matsui would obviate the requirement for a law judge opinion. 707CP /MIN14.1 -7 -4- May 19 1987 (1505) Dial -A -Ride Legislation - Councilwoman Bacharach described the impact that proposed amendments to AB 1586 would have on Dial -A -Ride services within the City. She requested that staff notify Senator Beverly and Assemblyman F elando about these impacts. She then moved, seconded by Councilman Hinch- liffe to send a letter objecting to these proposed amendments. The motion carried. Leaf Blowers - Councilman Ryan requested that staff get a copy of the ordi- nance adopted by the City of Palos Verdes Estates banning the use of leaf blowers and that the 'City Attorney review it for presentation to the Coun- cil. It was also requested that the ordinance from Santa Barbara be ob- tained also for Council review. Council Review of Planning Commission Decisions - A brief discussion took place on the mechanism whereby the City Council could review Planning Com- mission decisions prior to those decisions being formally appealed. No ac- tion was taken on this matter. Council requested that the staff make available in the City Council office schematics of large projects that are taking place in the City and under consideration by the Planning Commis- sion. CITY MANAGER REPORTS: City Manager Annual Review - City Manager McDuffie presented the May 19, 1987 staff memorandum requesting that the City Council set a date for City Council and a Manager retreat, It was the consensus that the retreat would be held on July 18 and 19, 1987 . The Manager was requested to present to the Council the objectives previously discussed. Contract Cities Conference - Attendance by Planning Commission - City Mana- ger McDuffie presented the May 19, 1987 staff memorandum and recommended that the Council approve the invitation of the Planning Commission to at- tend the Contract Cities Conference in Palm Springs on May 28 -31, 1987. Discussion followed on the appropriateness of the Planning Commission's at- tendance at this conference. Councilman Ryan moved, seconded by Councilman McTaggart to approve the staff recommendation. The motion died on a 3 -2 vote with Members Hughes, Hinchliffe and Bacharach voting in opposition. Marineland - City Manager McDuffie presented the May 19, 1987 staff memor- andum explaining the sale and the development of the Marineland site. This memorandum summarized the disposition of Marineland since the sale of the property to Harcourt, Brace and Jovanovich, the removal of the killer whales in February, and the subsequent re -sale of the property to Mr. Mona- ghan. , The memorandum went on to describe the possible development of the Marineland site as a conference center. Included in the memorandum were projections on the amount of transient occupancy tax, property tax, sales tax and other revenue that could be generated by such a facility. John Corcoran, representing Mr. Monaghan said he had just been hired by Mr. Monaghan and he did not have any formal presentation to make at this meet- ing. Elayne Brower, 28631 Quailwood, requested that the City consider an outside consultant to prepare a best plan use of the site. Connie Lufkin, 135 Seawall Drive, representing the Citizens to Save Marineland summarized 707CP /MIN14.1 -7 -5- May 19, 1987 the results of a telephone survey conducted by that group. The consensus of the survey was that people wanted to retain some kind of a marine animal care facility at the Marineland site. Council discussed whether or not the offer of a marine facility at Cabrillo Beach made to the Los Angeles Unified School District by HB J was being ser- iously considered by the School District, what development of the Marine - land site meant to the community, and its social, aesthetic and traffic im- pact. It was the consensus of Council that staff should develop a course of action to address some of the concerns discussed. ADJOURNMENT At 11:05 P.M. the Council adjourned to May 26, 1986 at 7:30 P.M. for a budget work session to be held at Hesse Park. Motion made by Council- woman Bacharach. lIe-j- Mayor ATTEST: 707CP /MIN14.1 -7 -6- May 19, 1987