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CC MINS 19980804MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 4, 1998 The meeting was called to order at 6:00 P.M. by Mayor Ferraro at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed to a closed session per the Brown Act Checklist attached to the agenda. The meeting was reconvened at 7:07 P.M. After the Pledge of Allegiance, roll call was answered as follows: PRESENT: Byrd, Lyon, McTaggart, Hollingsworth, Mayor Ferraro ABSENT: None Also present were City Manager Les Evans; Assistant City Manager Carolynn Petru; City Attorney Carol Lynch; Director of Planning, Building & Code Enforcement Joel Rojas; Acting Director of Public Works Dean Allison; Director of Finance Dennis McLean; Director of Recreation and Parks Ron Rosenfeld; Senior Planner Greg Pfost; Assistant Planner Eduardo Schonborn; and, Recording Secretary Jackie Drasco. CEREMONIAL EVENT(304 X 1101) Mayor Ferraro presented a proclamation to Captain Elizabeth Dickinson on the occasion of her promotion to the position of Commander and departure from the Lomita Sheriffs Station. She described some of the Captain's accomplishments during her more than three years of service to the community. Mayor Ferraro then introduced the new Station Commander, Captain Edward Hitchcock, a 27 -year veteran with the Sheriff's Department. APPROVAL OF AGENDA Mayor Ferraro announced the removal of the report on the LAX Airplane Noise Status from the Consent Calendar to be discussed separately and the continuance of the Award of a Contract for the Construction of Lower Hesse Park Trails. Councilmember Lyon moved, seconded by Councilman McTaggart, to approve the agenda as amended. The motion carried. APPROVAL OF CONSENT CALENDAR Councilman McTaggart moved, second by Mayor Pro Tem Hollingsworth, to approve the Consent Calendar as follows: Motion to waive full reading of ordinances presented at this meeting Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all councilmembers after the reading of the title. Claim against the City by Jong Park - Damage to automobile (301 X 303) Rejected the claim and directed the City Clerk to notify the claimant. Application for Federal Law Enforcement Block Grant (LLEBG) (301 X 1206) Authorized staff to make application for the Local Law Enforcement Block Grant funds to continue funding of the Special Assignment Officers who perform crime prevention duties at schools in the region. Notice of Completion for the Fred Hesse Community Center American Disability Act Improvement Project. (Impact Devco) (1201 X 1204) (1) Accepted the work as complete. (2) Authorized the City Clerk to file a Notice of Completion with the County Recorder and, if no claims are filed 35 days after recordation, and upon the contractor posting an acceptable warranty bond, notice the surety company of the exoneration of the Payment and Performance bonds. (3) Authorized the Finance Director to release the 10% retention payment 35 days after recordation of the Notice of Completion by the County Recorder contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond. Notice of Completion of Fred Hesse Community Center Playground Improvements. (Impact Devco) (11201 X 1204) (1) Accepted the work as complete. (2) Authorized the City Clerk to file a Notice of Completion with the County Recorder and, if no claims are filed 35 days after recordation, and upon the contractor posting an acceptable warranty bond, notice the surety company of the exoneration of the Payment and Performance bonds. (3) Authorized the Finance Director to release the 10% retention s a a ment 35 days after PY Y recordation of the Notice of Completion the County Recorder contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond. Consultant services for a new single - family and multi - family residential refuse and recycling franchise (1204 X 1301) (1) Authorized staff to request proposals for consultant services to evaluate the City's refuse and recycling needs; prepare, issue and evaluate Request for Proposals (RFPs) from contractors /haulers; interview and negotiate with top ranked contractors and prepare a new agreement with selected contractor for City Council approval. (2) City Council Minutes August 4, 1998 Page 2 Assigned the Finance Advisory Committee t.a wor -k with staff to address various refuse collection issues, develop outreach programs and make recommendations to Council. Notice of Completion Fiscal Year 1997 -98 Street Striping Program. (Paving Contractors Inc.) (1,204 X 1404) (1) Authorized the work as complete. (2) Authorized the City to file a Notice of Completion with the County Recorder, and if no claims are filed 35 days after recordation, and upon the contractor posting an acceptable. security, notify the surety company to exonerate the Payment and Performance Bonds posted at the time the contract was awarded. (3) Authorized the Finance Director to release retention 35 days after recordation of the Notice of Completion, contingent upon no claims being filed, and the contractor posting acceptable security. Resol. No. 98 -69 - Register of Demands (602) Adopted RESOL. NO. 98-69, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES 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: Byrd, Lyon, McTaggart, Hollingsworth, Mayor Ferraro NOES: None LAX Airplane Noise Status (305 X 1101) City Manager Evans presented the staff report of August 4, 1998, summarizing the City's actions: meeting with property owners, establishing a hot line at City Hall, sending letters to State and Federal officials, soliciting support from neighboring communities, publishing another article in the City newsletter, and the attendance at FAA Task Force meetings by councilmembers. In addition, the City is also attempting to arrange a meeting with Jane Garvey, the Director of the FAA, while she is on the West Coast and will send a representative to the meeting being held by Congresswoman Jane Harmon on August 13. There is also a meeting to be held on Monday, August 10, at 7:00 P.M. in the City Hall Community Room to give residents an opportunity to comment or ask questions. City Attorney Lynch added that the court has granted the motion of Rancho Palos Verdes and four other local cities to submit an amicus brief in support of the Morongo Band of Mission Indians' case against the FAA. PUBLIC HEARING City Council Minutes August 4, 1998 Page 3 Code Amendment No. 41 (1203 X 1801) Mayor Ferraro re- opened the public hearing on this request for review of miscellaneous amendments to Title 17 of the City's Municipal Code (Development Code) and Assistant City Manager Petru announced that notice had been duly published and that correspondence was included in the agenda packet and provided to Council just prior to the meeting. Director Rojas presented the staff report of August 4, 1998 and the recommendation to (1) Review the draft language of the amendments proposed for Chapters 17.02 (Single Family Residential Districts), 17.16 (Commercial Neighborhood District), 17.20 (Commercial General), 17.80 (Hearing Notice and Appeal Procedures) and 17.96 (Definitions). (2) Conceptually approve the proposed draft language and introduce the proposed Ordinance for first reading. There being no response to the Mayor's call for public testimony, Mayor Ferraro closed the public hearing. Drive-through Restaurants. The Western Avenue Task Force Committee, made up of members from businesses and two major homeowners associations in the area, requested that this option be placed in the Development Code. Council discussion resulted in a consensus that an application was not a guarantee of approval for a drive - through restaurant and this type of business would not be considered a right but would have to be approved under the Conditional Use Permit procedure. City Attorney Lynch suggested that the Code contain language in the CUP section emphasizing the Council's direction that making an application did not guarantee approval. Lot coverage. The Council discussed whether courtyards which would not be seen from the street and swimming pools should be included as lot coverage. The consensus was that staff add language to the CUP section of the Development Code regarding drive - through restaurants and bring back the revised Ordinance to the September 1 1998 meeting but not as a Consent Calendar item. The lot coverage issue was remanded to the Planning Commission for further discussion and adoption at a later time. Resol. No. 98 -70 - Conformance with the 1997 Los Angeles County Congestion Management Program (CMP) (1203 X 1505) Mayor Ferraro opened the public hearing on this request for Conformance with the 1997 Los Angeles County Congestion Management Program and Assistant City Manager Petru announced that notice had been duly published and that no protest letters were received. Assistant Planner Schonborn presented the staff report of August 4, 1998 and the , recommendation to adopt the proposed resolution thereby adopting the City's 1998 Local Implementation Report (LIR) and self- certify The City's conformance with the 1997 Management Program (CMP) for Los Angeles County. City Council Minutes August 4, 1998 Page 4 There being no response to the Mayor's call for, public testimony, Mayor Ferraro closed the public hearing. Councilwoman Lyon moved, seconded by Councilman McTaggart, to adopt RESOLUTION NO. 98 -707 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES THEREBY ADOPTING THE CITY'S 1998 LOCAL IMPLEMENTATION REPORT (LIR) AND SELF - CERTIFYING THE CITY'S CONFORMANCE WITH THE 1997 MANAGEMENT PROGRAM (CMP) FOR LOS ANGELES COUNTY. Motion carried. Ocean Trails Project - Revision "G" (11203 X 1411 ) Mayor Ferraro opened the public hearing on this request for review of Revision "G" for the Ocean Trails Project (Ocean Trails LP, 3850 Paseo del Mar, located seaward of Palos Verdes Drive South, between the Portuguese Bend Club on the west and Shoreline Park on the east). Assistant City Manager Petru announced that notice had been duly published and that correspondence was included in the agenda packet and provided to Council just prior to the meeting. Assistant City Manager Petru presented the staff report of August 4, 1998 and the recommendation to (1) Adopt the proposed resolution approving Addendum No. 6 to Environmental Impact Report No. 36. (2) Adopt the proposed resolution approving Conditional Use Permit No. 163 - Revision "G" for the final design of the golf course maintenance facility, including increasing the square footage of the building, relocating the building to abut Palos Verdes Drive South and reconfiguring the parking lot. Council requested that staff conduct a view analysis from the Seaview and Ocean Terraces residential areas as well as from Palos Verdes Drive South; and, that the stockpiles in front of Ocean Terraces be moved farther from the residences. Staff agreed to include the two residential areas mentioned in the view analysis and to speak to the developer about relocating the stockpiles. Ken Zuckerman, 3850 Paseo del Mar, representing Ocean Trails as one of the owners /partners, stated that he was also anxious to move the mound of dirt in front of the Ocean Terraces condominiums, which had been segregated at the request of the geologist, and said that the finished grade would be leveled. He described the new plan for the maintenance building, stating that the relocation would have less impact on neighbors' views and that the increase in size was due to the different types of mowing equipment required by the Department of Fish and Wildlife for the different types of grass included in the golf course. He said that he was willing to work with the City to the best of his ability regarding the view issues but added that it was important for him to begin construction of the maintenance building as soon as possible and hoped that he could submit his plans to plan check during the view analysis. A discussion ensued regarding the previous computer simulated view analysis performed four years earlier. Staff explained that a hard copy of the analysis could not be located and City Council Minutes August 4, 1998 Page 5 because computer technology had changed so much during that time, it was proving to be extremely difficult to recreate the analysis. David Pallinger, 32700 Coastsite, representing Ocean Trails as project manager, placed large posters of the original and new designs for the maintenance building on easels and described the changes. Mike Kennedy, 3200 La Rotonda, #116, representing Ocean Terraces, believed that the developer was being as accommodating as possible and even though the project may have a small impact on views from surrounding residences, the environment would be improved and property values would increase. He urged the Council to approve the design change for the maintenance building. Susan McNeill, 32735 Seagate Drive, said that she realized in attending seven years of meetings on this project that the developer is sensitive to community and she believed a little more square footage would not significantly change the plan originally approved by the City. She said that the City staff was protecting residents and she urged the Council to allow the project to move ahead. Scott Gobble, 505 Maple, Torrance, CA 90505, representing the Palos Verdes Chamber of Commerce, encouraged the Council to look at the history of this project and not delay the progress with these minor modifications. Uday Patil, 4011 Palos Verdes Drive South, representing Seaview Homeowners Association, stated that the Association was conducting its own view analysis and that he too was disappointed that the original computer simulation of the view analysis could not be located. He said that residents had been reassured that views would not be obstructed by structures but that even the pads themselves were obstructing views, not to mention the structures which would be placed on them. He believed that something had gone wrong in the planning process because it now appeared that some residents would lose up to 78% of their ocean view, others would lose up to 50% of the horizon view. He urged the Council to give no approvals on this project until the view issue was settled. (A copy of Mr. Patil's statement is on file in the City Clerk's office.) After further discussion, it was agreed that Mr. Patil's Association would provide its view analysis to the City. The City Attorney noted, however, that, the developer was not legally required to lower the height of the clubhouse since the original design had been approved four years ago. Jabe Kahnke, 4003 Palos Verdes Drive South, stated that views were very important and that he had moved from another part of the City to obtain a view. He said that he had been given the impression by the Planning Department that the views would be protected but he is concerned now that grading is underway that he will lose his view of the coastline and Catalina. He was disappointed that the computer simulation of view impact was not available and urged the Council to make sure that the new view analysis is accurate. City Council Minutes August 4, 1998 Page 6 Louise Shipman, 3948 Admirable Drive, said that the only pad visible is the clubhouse pad and it is higher than expected. She stated that the Coastal Specific Plan was intended to protect views during development of Subregions 1 and 7 and that Seaview was specifically mentioned, and the Plan said that no structure should significantly obstruct views. (Ms. Shipman distributed a handout summarizing the Coastal Specific Plan's Development and Design Guidelines for Subregions 1 and 7 and a copy is on file in the City Clerk's office.) Sharon Solari, 4145 Palos Verdes Drive South, representing Seaview Homeowners Association, stated that the Association had asked her to convey the members' concerns regarding their views. She believed it was important to resolve the question of impacted views before any other approvals were granted because, although she understood the developer's concerns about delays, she was concerned about a possible decrease in property values. Mary Casaburi, 3941 Palos Verdes Drive South, requested that view analysis include a framework silhouette of the clubhouse. Recess and Reconvene: At 8:50 PM, Mayor Ferraro declared a recess. The meeting reconvened at 9:04 PM In response to Council inquiry, Mr. Zuckerman said he believed the view analysis could be completed within two weeks. He believed the same results would be determined again which would show that his plans still conformed to the requirements. He added that it was known from the beginning that there would be some impact to views. When Council noted that the Homeowners Association indicated that the views lost were greater than originally believed, Mr. Zuckerman stated that he would analyze the data from the Association as well and provide that group with his and the City's information. Council discussion with Mr. Zuckerman continued. He indicated that the clubhouse pad is completely graded and that the silhouette which was placed at that location previously was for a higher structure. The developer had since withdrawn his request for an increase in height for the clubhouse. The Planning Commission and the public had an opportunity to view the silhouette but the Council had not seen it. Photos were taken of the silhouette but it was too far away and the poles were too slender to be visible in the photographs. It was Suggested that the silhouette be erected again but Council consensus was that this would serve no purpose since the clubhouse had been approved in 1994. Mr. Zuckerman was under no obligation to change it and staff had determined that the height of the roof had not changed since the original design. Councilman Byrd moved, seconded by Councilmember Lyon, to continue the public hearing to August 18, 1998 to provide time for staff and the developer to perform the additional view analysis, and to allow the plans for the maintenance building to be submitted for plan check. Council asked Mr. Zuckerman if he would be willing to make changes in order to accommodate the surrounding residents and he said that the other partners and the bank City Council Minutes August 4, 1998 Page 7 would not allow him to make changes to the project which would result in a loss in value. Council discussion then focused on the new design of the maintenance building and it was noted that the drawing of new building seemed much starker and less attractive than the old one. Mr. Pallinger explained that the first plan was represented by a rendering, which had more detail, and the new plan by a mere architectural drawing, but the style of the structure would be the same. Council asked Mr. Zuckerman to bring a rendering of the new design to the next meeting. The motion carried on the following roll call vote: AYES: Byrd, Lyon, McTaggart, Hollingsworth NOES: Mayor Ferraro Appeal of the Planning Commission's decision of Conditional Use Permit No. 195, et al, for a 122 unit Assisted Living Facility by Marriott Senior Living Services (1203 X 1804) Mayor Ferraro opened the public hearing on this request for an Appeal of the Planning Commission's decision of Conditional Use Permit No. 195, et al, for a 122 unit Assisted Living Facility by Marriott Senior Living Services to be located at the intersection of Crestridge Road and Crenshaw. Assistant City Manager Petru announced that notice had been duly published and that correspondence was included in the agenda packet and provided to Council just prior to the meeting. Senior Planner Greg Pfost presented the staff report of August 4, 1998 and the recommendation to adopt the proposed resolutions (1) denying the appeal of Mr. Segreto and certifying a final supplemental Environmental Impact Report for the project and (2) approving Conditional Use Permit No. 195 et al. Council discussion centered on the following: definition of a view and the fact that CEQA considered aesthetics; Alternative No. 1, which was considered the environmentally superior alternative, but would require additional grading to lower the pad height by 14.5 feet; and, stability of the land and the fact that portions of the property were below the required 1.5 safety factor. Anthony Segreto, 5677 Mistridge Drive, stated that all views could be saved by a single story structure and this would also increase property values of the nearby residences. He said that the three -story structure on the high pad would actually resemble a five -story building. His other concern was insufficient parking, especially on the weekends because he believed other nearby facilities do not have enough parking. He discussed the portion of the land which was not going to be used by Marriott and questioned why a three -story building was necessary. He recommended that the Council consider the possible future development of the other portion of the parcel. Martin Plost, 29112 Oceanridge Drive, suggested lowering the facility by moving the building City Council Minutes August 4, 1998 Page 8 forward toward Crestridge Road because the height approved by the Planning Commission would take away residents' views. He stated that the flags erected were incorrect and assumes they are now correct. He said that there were two alternatives to lower the height of the project but the Planning Commission did not approve either even though Marriott seemed willing to accept them. He believed that the temporary disruption of removing more dirt would offset the permanent loss of views and urged the Council to approve the appeal. Carl K. Newton, 5615 Mistridge Drive, stated that he paid a premium for his city view and this project threatened it. He believed it was the Council's duty, in enforcing the City's General plan, to protect views and preserve the character of the city, and to meet CEQA requirements. He preferred alternative No. 1, which he felt also served the developer's goals. He pointed out an error in the engineer's report in the EIR which stated that the proposed building would be two stories, not three. (A copy of Mr. Newton's statement is on file in the City Clerk's office.) Linda Fuentes, 5575 Mistridge Drive, asked that lights on the grounds of the proposed project be pointed away from the nearby homes, suggesting that plants also would help shield the light. She was also concerned about the sound of sirens and believed that the project would create more traffic and violations of the speed limit. Luella L. Wike, 29172 Oceanridge, agreed that the Marriott facility is desirable but pointed out that nearby residents wanted changes. She preferred alternative No. 1 also even though there would be 69,000 cubic yards of export. She was concerned that the soils report was not thorough since deep boring was not performed. She mentioned that a portion of the parcel was less than the 1.5 safety factor required by City code and that there was a requirement of a 50' setback from the worst case failure plain and no habitable structures would be located in this area, only parking. She suggested that Marriott acquire the property behind their proposed facility to be used as a passive park in order to control this unstable land. Wayne Sant, 3130 S. Harbor Blvd., Suite 430, 92704, representing Marriott, described the type of resident who would be living at this facility, explaining that it would be an "assisted living" facility, with a wing for Alzheimer patients, rather than an "independent living" or "skilled nursing" facility. He addressed Mr. Segreto's comments regarding insufficient parking; the impacted view from Mr. Segreto's living room, which he personally visited; additional noise and traffic, and decreased property values. He believed that Mr. Segreto's concerns were unwarranted and that Marriott had been sensitive to surrounding residents. He also discussed the delays Marriott had experienced, and noted that Mr. Segreto had said that his sole purpose was to delay the project. He asked the Council to deny the appeal and indicated that Marriott was willing to consider the alternate plans. Discussion between Council and Mr. Sant concerned the alternate plans, risk of slope failure, the fact that it was not positively known if the calculations were based on a two or three -story building, and location of the parking lot. John Vlassis, 15232 Burbank Blvd., Van Nuys, CA 9141, representing Sikand Engineering for City Council Minutes August 4, 1998 Page 9 Marriott, said that he was available for technical questions and, that even though the soils engineer was not present, he was sure that it was known that this would be a three -story structure and the notation that it would be two stories was probably a typographical error. Ray Mathys, 5738 Whitecliff Drive, agreed with the purpose of the development to serve the needs of residents who are not completely independent or who have Alzheimer's disease and believed that they would receive excellent care at an affordable cost. However, he favored more open space for the residents and liked the plan to remove more dirt from the rear of the property. He suggested that if the building pad was raised 2', the soil could be balanced on site and asked for an increased landscape buffer between the facility and the nearby homes. He urged the Council to deny the appeal. Herbert L. Roberts, 5623 Mistridge Drive said that his July 28 letter discussed diminished views but he was also concerned about future plans for the other portion of the land since Marriott was not going to develop that area. Recess and Reconvene: At 10:45 PM, Mayor Ferraro declared a recess. The meeting reconvened at 11:00 PM Council discussion focused on the proposed building's acceptable distance from the unstable land and a discussion of alternative No. 1, which required 69,000 cubic yards of export and lowered the building pad by 14.5 feet. Councilman McTaggart moved, seconded by Mayor Ferraro, to deny the project without prejudice and uphold the appeal, expressing the Council's interest in Alternative 1. The Council then considered alternative No. 2A, which required less export and lowered the building pad by 10 feet. Councilman McTaggart withdrew his motion and Mayor Ferraro withdrew her second. Councilman McTaggart moved to accept alternative 2A. Council and City attorney discussion included the fact that there were no working plans for either alterative; they were only described in concept, which would mean that the project should go back to the Planning Commission for development. City Attorney Lynch cautioned the Council that approving an undeveloped alternative contingent on land stability issues might be unwise. The motion by Councilman McTaggart died from lack of a second. Council consensus after further discussion was that there were no view or land stability problems with the proposed plan, nor, a conflict with the General plan or zoning. Mayor Ferraro closed the public hearing. City Council Minutes August 4, 1998 Page 10 Councilmember Lyon, moved Mayor Ferraro seconded, to deny the appeal and uphold the decision of the Planning Commission. The motion carried on the following roll call vote: AYES: Byrd, Lyon, and Mayor Ferraro NOES: MCTaggart, Hollingsworth City Attorney Lynch recommended that the resolutions be brought back to the next meeting on the consent calendar. REGULAR BUSINESS: July 4th Independence Day Celebration (1201) The staff report of August 4, 1998 recommended that the Council (1) Authorize payment to Conte Productions for the production of the 1998 July 4th Independence Day Celebration. (2) Accept Conte Production's proposal to continue to produce the City's annual July 4th Independence Day Celebration for a period of three years, and authorize the Mayor and City Clerk to execute the attached agreement. Comments from the Council included appreciation to the staff and the committee, description of a minor parking problem mid -day when unauthorized cars were allowed to park on City Hall grounds; the enjoyment of the presence of the Tuskegee airmen; and the fact that, overall, it was one of the best celebrations yet. Director Rosenfeld clarified that the three -year contract renewal called for an additional $1500 per year over the current contract cost. Mayor Pro Tem Hollingsworth moved, seconded by Councilmember Lyon, to (1) Authorize payment to Conte Productions for the production of the 1998 July 4th Independence Day Celebration. (2) Accept Conte Production's proposal to continue to produce the City's annual July 4th Independence Day Celebration for a period of three years, and authorize the Mayor and City Clerk to execute the attached agreement. The motion carried on the following roll call vote: AYES: Byrd, Lyon, McTaggart, Hollingsworth, and Mayor Ferraro NOES: None Resol, Nos. 98 -71 and 98 -72 - Continuing Appropriations and Budget Reductions (602) The staff report of August 4, 1998 recommended that the Council (1) Adopt the proposed resolution amending Resolution No. 98-47, the budget appropriation for fiscal year 1998 -99, to continue certain expenditure appropriations from fiscal year 1997 -98. (2) Adopt the City Council Minutes August 4, 1998 Page 11 proposed resolution amending Resolution No. 97 -55, the budget appropriation for fiscal year 1997 -98, to the budget for the above continuing appropriations and for certain projects which were REBUDGETED in the fiscal year 1998 -99 budget. Councilman McTaggart moved, seconded by Councilmember Lyon, to (1) Adopt RESOL. NO. 98 -711 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING NO. 98 -47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1998 -991 TO CONTINUE CERTAIN EXPENDITURE APPROPRIATIONS FROM FISCAL YEAR 1997 -98. (2) Adopt RESOL. NO. 98 -.7721 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOL. NO. 97 -55, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1997 -98, TO THE BUDGET FOR THE ABOVE CONTINUING APPROPRIATIONS AND FOR CERTAIN PROJECTS WHICH WERE REBUDGETED IN THE FISCAL YEAR 1998 -99 BUDGET. The motion passed on the following roll call: ,AYES: Byrd, Lyon, McTaggart, Hollingsworth, and Mayor Ferraro NOES: None Award a contract for the construction of the Lower Hesse Park Trails (1201 X 1204) This item was continued to August 18, 1998. Ordinance No. 339 - Telecommunications Ordinance (605 X 1101) The staff report of August 4, 1998 recommended that an ordinance be introduced to adopt a Telecommunications Regulatory Ordinance and amend Chapter 13.12 of the Municipal Code. Councilman McTaggart moved, seconded by Councilmember Lyon, to introduce Ordinance 339, a Telecommunications Regulatory Ordinance, and amend Chapter 13.12 of the Municipal Code. The Council suggested that the second reading of the ordinance be placed in the Regular Business section of the next agenda rather than on the Consent Calendar and that a press release be submitted to the newspapers to publicize the item so that citizens will have an opportunity to comment and ask questions. The motion passed on the following roll call: AYES: Byrd, Lyon, McTaggart, Hollingsworth, and Mayor Ferraro NOES: None SIB 2010 (Hayden) Santa Monica Mountains and Rivers Conservancy and AB 1281 (Washington /Havice) Los Angeles County Drainage Area Project (306 X 1101) City Council Minutes August 4, 1998 Page 12 The memo from Councilman McTaggart of August 4, 1998 recommended that the Council (1) Oppose the joining of SB 2010 and AB 1281. (2) Send a letter supporting AB 1281 to the appropriate Senate Committee. (3) Send a letter opposing SB 2010 to the appropriate Assembly Committee. Council discussion focused on the fact that a non - elected body, in controlling drainage, was going to function as an elected body, opposition from California Contract Cities and the League of California Cities, insufficient representation, and possible weakening of the power of the NCCP. It was believed that, even though the City of RPV was not directly affected, it was important to support the cities in this corridor which might be prevented from removing debris from their drainage channels or cleaning them. Councilman McTaggart moved, seconded by Councilmember Lyon, to have staff determine the status of these bills and to prepare correspondence for the 9 Mayor's signature if the bills were not in suspense. County Ordinances to Prohibit (in certain locations) Outdoor advertising of alcohol beverages, tobacco products, and adult telephone messages (306 X 1101) The memo from Mayor Ferraro of August 4, 1998 recommended that the Council review and discuss information received from Los Angeles County regarding Ordinance Nos. 98 -0023, 98 -0024, and 98 -0025. Council comments included desired consistency throughout the County, doubts that the Ordinance would be enforceable, the possibility of a conflict with freedom of speech, and the right of a community to set standards as to appropriateness of advertising. It was the consensus of the Council, with Mayor pro Tem Hollingsworth abstaining, to have the Mayor send a letter to the County stating support even though the cost of adopting an ordinance could not be justified since the City does not have a problem with objectionable outdoor advertising. ORAL CITY COUNCIL REPORTS: Councilman Byrd reported that there was a fire on Forrestal the previous Saturday. The Fire Department believed it was caused by a bird and that the fire was more easily contained because of disking and the concrete drain, proving the importance of fire prevention efforts. PUBLIC COMMENTS: John Freeman, 6850 Faircove Drive, discussed the moratorium established by the Council on second antennas and the involvement of the Radio Club in drafting the revised antenna Ordinance. He felt that the draft ordinance was more restricted and biased than the original ordinance and that the Radio Club identified several sections which conflict with Federal laws. However, he believed that the meeting today had been productive because different points of view were discussed openly. He expressed his appreciation to Joel Rojas and Carol Lynch for their input and reiterated that the Radio Club is City Council Minutes August 4, 1998 Page 13 eager work with the ad hoc committee. (A copy of Mr. Freeman's statement is on file in the City Clerk's Office.) CLOSED SESSION REPORT: City Attorney Lynch reported the following: • Ortolano - Council unanimously gave direction to staff wth respect to the ongoing negotiations to settle the lawsuit. No action was taken on the second item. ADJOURNMENT: At 12:05 A.M., Mayor Ferraro adjourned the meeting. q ATTEST: CITY CLERK. N. ITYCLERKUVIINUTES \080498CC. MIN City Council Minutes August 4, 1998 Page 14