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CC MINS 19971118MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 18, 1997 The meeting was reconvened at 7:20 P.M., Council having recessed at 7:15 P.M. upon the completion of the Dangerous Dog hearing. After the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: Hollingsworth, Ferraro, Byrd, Lyon & Mayor McTaggart ABSENT: None Also present were City Manager Paul D. Bussey; City Attorney Carol Lynch; Planning, Building & Code Enforcement Director Carolynn Petru; Director of Public Works Les Evans; Director of Finance Dennis McLean; Assistant to the City Manager Rick Otto; Administrative Services Director /City Clerk Jo Purcell and Recording Secretary Monica Ponce. CEREMONIAL EVENT: (304) (1) Mayor McTaggart honored departing City employee Rick Otto, Assistant to the City Manager and presented him with a City the in recognition of his five years of employment. (2) Representing Libris Books Co. was Ted Bruinsma who presented the City Council with the book "A Special Place" with photographs of the Peninsula by local artist and photographer Mary Donovan. APPROVAL OF THE AGENDA City Manager Bussey requested that an item regarding the Ocean Trails Bonding Requirement be added to the agenda as an urgency item inasmuch as certain action was required to be taken prior to the date of the next City Council meeting and staff became aware of this requirement only after preparation and publication of this agenda. Councilman Hollingsworth so moved, seconded by Councilwoman Lyon. Motion carried without objection. APPROVAL OF CONSENT CALENDAR Lois Larue, 3136 Barkentine, spoke to the following three items on the Consent Calendar: The appointment of members to the Abalone Cove Landslide Abatement District and the Klondike Canyon Landslide Abatement District and her desire to apply for such a position; the Notice of completion for the Portuguese Canyon Erosion Control Project; and the Film Permit Fee Review. Ms. Larue also objected to time limitations on audience participation as listed on the Agenda. City Attorney Lynch opined that the Brown Act specifically allows the Council to limit the time periods that the public is allowed to comment on items both on the agenda and items not on the agenda. Councilman Hollingsworth moved, seconded by Councilman Byrd to approve the Consent Calendar as follows: MINUTES (301) Approved the Minutes of October 21, 1997. Appointment of members to the Abalone Cove Landslide Abatement District and the Klondike Canyon Landslide Abatement District. (2000 x 2100) Abalone Cove Landslide Abatement District: Appointed Robert G. Douglas, Mary V. Sheridan, and David C. Whitmore for a term of four years each until September, .2001 and, (2) Klondike Canyon Landslide Abatement District: Appoint Gail N. Lovrich and Michael C. Walker for a term of four years each until September, 2001. Gifts for Parks (1201) Accepted the Gifts for Parks donations from Christine Mei, Karen Shimabukuro, Barbara Hickman, Betty Yates, Kwon Ja Kim and Gloria Luhrs and directed staff to prepare letters expressing the Council's appreciation for these donations. Resol. No. 97 -96 - Transfer of funds from the landscaping and lighting p g g g reserve to the Capital Improvement Fund (602 x 901 x 1204) ADOPTED RESOL. NO. 97 -96 AMENDING RESOL. NO. 97 -44, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1997 -98, TO TRANSFER $15,000 FROM THE LANDSCAPING AND LIGHTING DISTRICT RESERVE TO THE CAPITAL IMPROVEMENT FUND. Notice of completion for the Portuguese Canyon Erosion Control Project (1204) Accepted the work as complete; (2) Authorized the City Clerk to file a Notice of Completion with the County Recorder and to notify the surety company to exonerate the payment and performance bonds if no claims are filed within 35 days after recordation, and (3) Authorized the Finance Director to release the 10% retention payment 35 days after said recordation, contingent upon no claims being filed and the contractor posting an acceptable warranty bond. Resol. No. 97 -97 - Film Permit Fee Review (202 x 1101) ADOPTED RESOL. NO. 97 -97 ESTABLISHING REVISED FILM PERMIT FEES PURSUANT TO THE RANCHO PALOS VERDES MUNICIPAL CODE, SECTION 89.16.050. City Council Mnutes November 18, 1997 Page 2 Resol. No. 97 -98 - Register of Demands- (602) Adopted Resol. No. 97 -98 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: NOES: PUBLIC HEARING: Ferraro, Byrd, Lyon, Hollingsworth, and Mayor McTaggart None Resol. No. 97 - 99) -- Vacation of a sewer easement over a portion of Lot 8, Tract 20856, located at 30764 Tarapaca Road (11204 x 1408 x 1411) Mayor McTaggart opened the public hearing on the matter and City Clerk Purcell reported that notice had been duly published and that no written protests were received by the City. Director of Public Works Evans presented the staff memorandum of November 18 and the recommendation to adopt the proposed resolution conditionally vacating the City's interest in a portion of a sewer easement over lot 8 of tract 20856, 30764 Tarapaca Road. Lois Larue stated her objection to the construction of a house over the sewer easement at issue. Councilman Byrd moved, seconded by Mayor Pro Tem Ferraro to ADOPT RESOLUTION NO. 97 -99 CONDITIONALLY VACATING THE CITY'S INTEREST IN A PORTION OF A SEWER EASEMENT OVER LOT 8 OF TRACT NO. 208561 LOCATED AT 30764 TARAPACA ROAD. Motion carried without objection. Appeal of Height Variation No. 750 Revision "C" and Variance No. 350 Revision "B ". (1203 x 1804) Mayor McTaggart opened the public hearing on this matter and City Clerk Purcell reported that notice had been duly published and that written protests were received by the City and were made a part of the agenda package. Director Petru presented the staff report and the recommendation to deny the appeal thereby upholding the Planning Commission's approval of Height Variation No. 750 - Revision "C" for the additional existing square footage that has been added to the second story addition and completion of the garage, City Council Minutes November 18, 1997 Page 3 subject to conditions, and Variance No. 350 - Revision "B" for the existing garage to encroach an additional 9 inches into the required 20 foot front yard setback area for a minimum setback of 13 feet 6 inches. Speaking to the matter were the following residents: Sam Simms, 3528 Bendigo Drive; Dick Barkhuis, 3549 Bendigo Drive; Peggy Plakos, 3572 Bendigo Drive; Sharon VanWagner, 3559 Bendigo Drive; Jack Solomon, 3552 Bendigo Drive; C.R. Easton, 3566 Bendigo Drive; Elliott Apstein, 3525 Bendigo Drive; Linda Gordon, 3538 Bendigo Drive; Steven Plakos, 3572 West Bendigo; and Jim Gordon, 3538 Bendigo Drive. These speakers expressed the following concerns about this project: that there be single and not multiple roof lines on the main house and garage; that the flagging of this house was the first notification of this remodeling to the neighbors; Alternative "A" prepared by an architect hired by the neighbors eliminated the utility room roof and lowers the garage roof to a single story garage; that the house was incompatible with the neighborhood; and, that property owner sign a covenant agreeing to not rent rooms. Charles Simmons, 4944 West 140th Street, Hawthorne, architect retained by the Bendigo Neighbors, introduced a drawing of Alternate A which (1) represented a reduction in the mass of the roofline of the house; and (2) proposed a new slope for the garage roof; and, (3) estimated the cost for construction at approximately $151000. Jess Negrete, Engineer for Mr. Gantz, 4231 West 18119 Street, Torrance, stated the main concern is elimination of the roof over the utility room and the affect this change would have on the interior of the residence. Earl Gantz, 3558 Bendigo Drive, homeowner of subject lot, expressed concern that the proposed solutions would have an affect on the finished parts of his home. Council recommended that certain of the Bendigo Neighbors, the architect Mr. Simmons, Mr. Gantz and his engineer Mr. Negrete, discuss this matter in the Fireside Room and try to reach a compromise design for the house. Recess and Reconvene: At 9:00 P.M., Mayor McTaggart declared a recess. At 9:17 P.M. the meeting reconvened as a City Council, Redevelopment Agency and Improvement Authority for the discussion of the Abalone Cove Assessment District Bond Restructuring. Resol. Nos. 97 -101, 102, 103, 104 and 105 - Abalone Cove Assessment District Bond Restructuring (602 x 2000) Director McLean presented the staff report of November 18, 1997 and the recommendation to (1) Adopt Resolution No. 97 -101, making determinations with respect to payment by the Rancho Palos Verdes Redevelopment Agency (RDA) City Council Minutes November 18 .7 1997 Page 4 of all or part of the cost of the installation and construction of landslide abatement improvements and approving the return 'to Los Angeles County of $1 million of bond proceeds. (2) Adopt Resolution No. 97 -102 approving the issuance and sale of the Rancho Palos Verdes Redevelopment Agency, Project Area No. 1, Tax Allocation Bond, Issue of 1997. (3) Adopt Resolution No. 97 -103, authorizing a loan agreement with the Rancho Palos Verdes Redevelopment Agency in connection with the Agency's Project Area No. 1. (4) Adopt Resolution No. 97 -104, authorizing an amendment to a loan agreement with the Rancho Palos Verdes Redevelopment Agency in connection with the Agency's Project Area No. 1. (5) Adopt Resolution No. 97 -105, amending Resolution 97- 55, the budget appropriation for fiscal year 1997 -98, for a budget adjustment to the City's General fund, for a loan to the Rancho Palos Verdes Redevelopment Agency's Project Area No. 1. Lois Larue objected to the three - minute speaking limitation. She spoke in opposition to combining 1997 RDA Bonds with the Portuguese Bend fund and the use of the term "improvement authority" versus "maintenance authority." City Attorney Lynch clarified that the Notice of A Joint Powers Agreement recorded with the Secretary of State names the agency the Rancho Palos Verdes Improvement Authority and that said name would be used henceforth. Mayor McTaggart moved, seconded by Councilman Byrd to ADOPT RESOLUTION NO. 97 -101, MAKING DETERMINATIONS WITH RESPECT TO PAYMENT BY THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY OF ALL OR PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF LANDSLIDE ABATEMENT IMPROVEMENTS AND APPROVING THE RETURN TO LOS ANGELES COUNTY OF $1 MILLION OF BOND PROCEEDS. The motion carried on the following roll call vote: AYES: Hollingsworth, Byrd, Ferraro, Lyon and Mayor McTaggart NOES: None Councilman Hollingsworth moved, seconded by Councilwoman Lyon to ADOPT RESOLUTION NO. 97 -102 APPROVING THE ISSUANCE AND SALE OF THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY, PROJECT AREA NO. 1, TAX ALLOCATION BOND, ISSUE OF 1997. The motion carried on the following roll call vote: AYES: Hollingsworth, Byrd, Ferraro, Lyon and Mayor McTaggart NOES: None Mayor Pro Tem Ferraro moved, seconded by Councilman Hollingsworth, to ADOPT RESOLUTION NO. 97 -103 AUTHORIZING A LOAN AGREEMENT WITH THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY IN CONNECTION WITH THE AGENCY'S PROJECT AREA NO. 1. The motion City Council Minutes November 18, 1997 Page 5 carried on the following roll call vote: AYES: Hollingsworth, Byrd, Ferraro, Lyon and Mayor McTaggart NOES: None Councilwoman Lyon moved, seconded by Councilman Byrd to ADOPT RESOLUTION NO. 97 -104 AUTHORIZING AN AMENDMENT TO A LOAN AGREEMENT WITH THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY IN CONNECTION WITH THE AGENCY'S PROJECT AREA NO. 1. The motion carried on the following roll call vote: AYES: Hollingsworth, Byrd, Ferraro, Lyon and Mayor McTaggart NOES: None Mayor McTaggart moved, seconded by Mayor Pro Tem Ferraro to ADOPT RESOL. NO. 97 -105 AMENDING RESOL. NO. 97 -55, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1997 -98 FOR A BUDGET ADJUSTMENT TO THE CITY'S GENERAL FUND FOR A LOAN TO THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY'S PROJECT AREA NO. 1. The motion carried on the following roll call vote: AYES: Hollingsworth, Byrd, Ferraro, Lyon and Mayor McTaggart NOES: None Both the Redevelopment Agency and the Improvement Authority were adjourned at this point and the Council returned to discussion of the Gantz Height Variation the time being 9:39 P.M. Height Variation No. 750 (1203 x 1804) At 9:40 P.M., Bendigo neighbors returned to City Council meeting and reached a consensus concerning the drawing "A" drawing presented to Council. Mr. Gantz and Mr. Sam Simms, 3528 Bendigo Drive, reported on the success of their conference, where it was agreed that Mr. Gantz accepted Drawing "A" as submitted by Architect Mr. Simmons, as the design for his project. Mr. Gantz also agreed not to file any law suits against his neighbors and requested that the neighbors agree to do the same. Mayor Pro Tem Ferraro moved, seconded by Councilwoman Lyon, to accept compromise solution as presented in drawing "A." Motion carried without objection. Urgency Ordinance No. 329 U - Expanding Replacement Foliage Provisions for the City's View Restoration Process (1203 x 1806) City Council Minutes November 18, 1997 Page 6 Mayor McTaggart opened the public hearing on this matter and City Clerk Purcell reported that notice had been duly published and that no written protests were received by the City. Principal Planner Rojas presented the staff report and the recommendation to (1) Adopt this proposed ordinance expanding the replacement foliage provisions of the City's View Restoration process contained in Section 17.02.040 of the City's Municipal Code. Council and Staff discussion focused on replacement of foliage provisions as a non - urgency language ordinance; the allowance of the Commission or Council to order more replacement foliage for purposes beyond public health and safety; and, the possibility of postponing adoption pending adoption of guidelines. Councilwoman Lyon moved, seconded by Mayor Pro Tem Ferraro, to waive further reading and ADOPT ORDINANCE NO. 329U, THEREBY ADOPTING AN URGENCY ORDINANCE EXPANDING THE REPLACEMENT FOLIAGE PROVISIONS OF THE CITY'S VIEW RESTORATION PROCESS CONTAINED IN SECTION 17.02.040 OF THE CITY'S MUNICIPAL CODE. The motion carried on the following roll call vote: AYES: Hollingsworth, Byrd, Ferraro, Lyon and Mayor McTaggart NOES: None REGULAR BUSINESS: Five Year Capital Improvement Program (602 x 1204) Director of Public Works Evans presented the staff report and the recommendation to receive the proposed Five Year Capital Improvement Program for the period 1997 -2003 and refer it to a work session at a date determined by the City Council; or if the Plan is acceptable in its current form the Council may choose to refer it directly to the Planning Commission for a General Plan consistency determination. Lois Larue, 3136 Barkentine, spoke in favor of a work session. Council expressed concern about scheduling of maintenance for Palos Verdes Drive South. Councilwoman Lyon moved, seconded by Mayor Pro Tem Ferraro that staff prepare a memo giving a choice of dates for discussion of this matter. Motion carried without objection. Development of Lower Hesse Park (1201 x 1204) City Council Minutes November 18, 1997 Page 7 Director Rosenfeld presented the staff memorandum of November 18, 1997 and the recommendation that after review and consideration, that direction to staff be provided for the development of Lower Hesse Park. Speaking in favor of development of Option 4 were the following residents: Shelby Jordan, Posey Way; Ted Paulson, 6802 Faircove Drive, past president of Pacific View Homeowner's Association; and Eric Randall , 6528 Madeline Cove Drive, former board member of the Pacific View Homeowner's Association and past chairman of the 1988 Recreation and Park Planning Committee. Also speaking in favor of development were the following residents: Ron Santarosa, 6538 Verde Ridge Road, president of the Pacific View Homeowners Association, who spoke to the size of initial investment; the ongoing maintenance of project; activities that will exist at the park; and, requirement for a park buffer zone. Jim Moore, 6810 Locklenna Lane, former co- worker of Fred Hesse and contributor to the formation of Rancho Palos Verdes, gave background as to the formation of Fred Hesse Park and encouraged the use of natural plantings. Discussion ensued between Council and Staff regarding estimated costs and maintenance costs for planning and seeking a preliminary design to obtain cost bids. Councilwoman Lyon moved, seconded by Mayor Pro Tem Ferraro to approve Option 4 with the following amendments: do not create areas of privacy; be mindful of tree heights; place the parking lot closer to the street; place some picnic areas closer to parking area; determine if recycle funds can be used; solicit bid for development with cost breakdowns of various elements; modify #8 on design plan to delete reference to type of material; consider method for getting desirable trees donated; and, return to Council with revised cost estimate plan. Motion carried. Fiscal Year 1996 -97 Financial Audit (602) Finance Director McLean presented the staff memorandum of November 18, 1997 and the recommendation that after Council has reviewed the audit report and financial statements, that they receive and file the 1996 -1997 Comprehensive Annual Financial Report of the City of Rancho Palos Verdes and the accompanying audit management letter. Councilman Byrd so moved, seconded by Councilwoman Lyon and carried. (At 10:56 P.M. Councilwoman Lyon exited the City Council meeting.) Request for modifications of permit conditions at 30 Narcissa Drive (450 x 1204) Director Evans presented the staff memorandum and the recommendation to City Council Minutes November 18, 1997 Page 8 direct staff to: (1) Prepare legal descriptions, title report and appraisals for a drainage easement across the property at 2 Figtree Road and make a formal offer to the property owner for the purchase of the easement. (2) Sustain the requirement for installing a sewage holding tank to serve the home at 30 Narcissa Drive until a sewer system can be installed. (3) Deny the request to remove the requirement of building a retaining wall as part of the slope stability requirement for the remodeled home at 30 Narcissa Drive, unless a suitable alternative is approved by the City Reviewing Geologist. Lois Larue stated that this item should be under the Redevelopment Agency Agenda and not the City Council Agenda. She further elaborated that 30 Narcissa Drive is an asset to the City of Rancho Palos Verdes. Gary Wynn, 27525 Valley Center Road, Valley Center, relayed the three main issues with the construction of 30 Narcissa Drive: site drainage and request to use the existing septic system; the neighborhood consensus of removal of retaining wall; and, improvement of water system on Narcissa Drive. Lothar Maertens, 5 Fruit Tree Road, confirmed the notion of an operable septic tank system in need of minor repair; however, suggested that he be relieved of the requirement of a holding tank for a period of time unless sewers were installed. He spoke about efficient flow of inlets and outlets of property and stabilization of retaining wall from 14 Narcissa Drive to first stop sign. Councilman Byrd moved, seconded by Mayor Pro Tem Ferraro that Staff clarify the need for a septic tank; that holding tank requirement be waived for one year; that the property owner give the City an easement for sewers; and, that staff work out a solution for stabilizing the slope other than a retaining wall. Motion carried without objection. Recess and Reconvene: At 11:10 P.M., Mayor McTaggart declared a recess. The meeting reconvened at 11:20 P.M. Point Vicente Interpretive Center Expansion (1201 x 1204) Director Evans presented the staff memorandum and the Recommendation to (1) Approve the preliminary site plan, building floor plan and building elevation and direct staff to proceed with construction plans. (2) Amend the agreement with Ron Yeo, FAIA Architect, Inc., to include additional services and increased fees; and (3) Amend the agreement with Merit Engineering to provide the design of drainage facilities for a fee of $9,000. Patrick Marr of Ron Yeo Architects, spoke to the matter of bid costs; how it was his intent to hide as much as possible of the mechanical equipment; and, the location of the ampitheatre. City Council Minutes November 18, 1997 Page 9 Lois Larue reported that she was a lifelong member of the Point Vicente Interpretive Center. Speaking in favor of Point Vicente Interpretive Center plans was Ken Riedman, president of Los Serenos Docents, 3668 Cliffsite Drive, Council discussion focused on the site plan parking facility and the ground breaking date set for Saturday, June 27, 1998. Further clarification was given to the $9,000 amended agreement for drainage design to include a drainage facility. Councilman Byrd moved, seconded by Mayor Pro Tem Ferraro to (1) Approve the preliminary site plan, building floor plan and building elevation and directed staff to proceed with construction plans. (2) Amend the agreement and increased fees; and (3) Amend the agreement with Merit Engineering to provide the design of drainage facilities for a fee of $9,000. The motion carried on the following roll call vote: AYES: Hollingsworth, Byrd, Ferraro and Mayor McTaggart NOES: None Equestrian Committee Draft Policies (1203 x 1808) Principal Planner Rojas presented the staff memorandum and the recommendation to review and approve the draft Equestrian Committee Policies. Council discussion focused on the reference to animal keeping on vacant parcels and how that may encourage requests for exceptions; and, that any new animal property facilities proposed on occupied parcels must also require an application for committee review. Councilman Byrd moved, seconded by Councilman Hollingsworth to adopt the policies as amended. The motion carried. It was the consensus that committee applicants be notified of the committee's meeting schedule and that they be sent a copy of the ordinance and guidelines. Appointment of members to the Miraleste and Ridgecrest Recreation and Park Districts (1200) City Clerk Purcell presented the staff report and the Recommendation to make the following appointments: (1) R dgecrest Recreation & Park District: Appoint three members for a four year term of office until December, 2001; and, (2) Miraleste Recreation & Park District: Appoint James Spray and Devlon Mailn to a four year term of office ending December, 2001, and three members to a two year term of office ending December, 1999. City Council MnuteS November 18, 1997 Page 10 Speaking in opposition to an appointed board member was Lois Larue. Staff clarified that two members of the Miraleste Board had taken out candidates' papers and therefore their appointment to the Board was merely being confirmed by the Council; since the three other members had not filed papers, they were being appointed to the Board by the City Council. Mayor Pro Tem Ferraro moved, seconded by Councilman Byrd to make the following appointments: (1) Ridgecrest Recreation & Park District: Appointed three members for a four year term of office until December, 2001; and, (2) Miraleste Recreation & Park District: Appoint James Spray and Devlon Main to a four year term of office ending December, 2001, and three members to a two year term of office ending December, 1999. Motion carried without objection. Ocean Trails - Bonding Requirements (11203 x 1411) Director Petru presented the November 18 staff report and the recommendation to authorize staff to proceed, notwithstanding Condition No. Q.1 of Conditional Use permit No. 163, to modify the completion bond requirement to delay bonding for the golf course and clubhouse improvements until the recordation of the Final Maps for the Ocean Trails project. Councilman Byrd moved, seconded by Mayor Pro Tem Ferraro to approve the staff recommendation. Motion carried without objection. ORAL CITY COUNCIL REPORTS: Mayor McTaggart reported a City cable bill increase of ten percent. He further requested that funds be used on City Council camera and audio equipment maintenance. City Manager Paul D. Bussey reported that Mr. Fowler had agreed to pay for maintenance of equipment. It was the consensus that this subject be placed on the agenda for a future meeting. PUBLIC COMMENTS: Lois Larue spoke regarding her citizenship and her choice for Mayor and she thanked Mayor McTaggart for allowing her to lead a City Council meeting salute to the flag. CLOSED SESSION REPORT: City Attorney Lynch stated no action had been taken on the matter of Hunt, et al. Vs. City of RPV. Council directed the City Attorney's Office to reach a settlement on this matter as soon as possible. City Council Minutes November 18, 1997 Page 11 ADJOURNMENT: At 12:20 a.m., the meeting adjourned on motion of Mayor McTaggart. MAYOR ATTEST: 410" CITY CLERK City Council Minutes November 18, 1997 Page 12