CC MINS 19980901MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
SEPTEMBER 1, 1998
The meeting was called to order at 7:00 P.M. by Mayor Ferraro at Fred Hesse
Community Park, 29301 Hawthorne Boulevard. After the Pledge of Allegiance, roll call
was answered as follows:
PRESENT: Byrd, Lyon, McTaggart, Hollingsworth, and 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 Administrative Services/City Clerk Jo Purcell; Associate Planner
Kit Fox; and, Recording Secretary Jackie Drasco.
RECYCLING AWARD (1101 X 1301)
Director Allison chose a name from the recycle drum for the month of September. The
winner for August was Betty Wedekind, who will receive a y ear of free refuse collection
service.
APPROVAL OF AGENDA:
Councilman McTaggart requested that discussion of the after hours operation of
construction equipment in Subregion 1 be added to the agenda and so moved. The
motion was seconded by Mayor Pro Tem Hollingsworth. Motion carried unanimously.
City Manager Evans removed the San Ramon Storm Drain Inlet Rehabilitation Project
from the agenda.
Councilman Byrd moved, seconded by Councilman Hollingsworth, to approve the
agenda as amended. The motion carried.
APPROVAL OF CONSENT CALENDAR:
Councilman McTaggart moved, seconded by Councilmember Lyon, to approve the
Consent Calendar as follows:
City Council Minutes
September 1, 1998
Page 1
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.
Minutes (301)
Approve the minutes of August 4 and August 18, 1998.
FY 1997 -98 Slurry Seal Contract - (1204 x 1404)
1) Awarded a contract for the FY1997 -98 Slurry Seal Program to Valley Slurry Seal
Company for $71,450.00, and authorized staff to spend up to an additional ten percent
($7,150.00) for contingencies for a total authorization of $78,600.00. 2) Authorized the
Mayor and the City Clerk to execute a contract for same.
Approval of a Drainage Agreement and acceptance of a Grant of Easement
on Palos Verdes Dr. West at Marguerite Dr. (450 x 604 x1204)
1) Approved a Drainage Agreement with Raju Chhabria and accepted the Grant of
Easement for installation and maintenance of a storm drain system that runs over,
under and through a portion of APN# 7582- 001 -025; 2) Authorized the Mayor and the
City Clerk to execute the Agreement and Grant of Easement; and, 3) Directed the City
Clerk to record the Grant of Easement with the Los Angeles County Recorder's Office.
Drainage Improvements for Palos Verdes Drive West between Alida Place and the
northerly City Limit (604 x 1204)
1) Awarded a contract to Colich &Sons for the construction of drainage improvements
on Palos Verdes Drive West between Alida Place and the northerly City limit for the
price of $112,475; and authorized staff to spend an additional $10,525 for
contingencies for a total authorization of $123,000; and, 2) Authorized the Mayor and
the City Clerk to execute a contract for same.
Resol. No. 98 -79 - Register of Demands (602)
Adopted Resol. No. 98 -79 , 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
City Council Minutes
September 1, 1998
Page 2
NOES: None
PUBLIC HEARING:
Code Amendment No. 41 (1203 x 1801)
Mayor Ferraro re- opened the public hearing on this request for approval of miscellaneous
amendments to the City's Development Code. City Clerk Purcell announced that this was a
continued public hearing from August 4.
Director Rojas presented the staff report of September 1, 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), 17.60 (Conditional Use Permits), 17.80 (Hearing. Notice and Appeal Procedures)
and 17.96 (Definitions); and, 2) Conceptually approve the proposed draft language and
introduce the proposed ordinance adopting amendments to Chapter 17.02 (single - family
residential districts), Chapter 17.16 (commercial neighborhood district), Chapter 17.20
(commercial general district), Chapter 17.60 (conditional use permits), Chapter 17.80
(hearing notice and appeal procedures) and Chapter 17.96 (definitions) of title 17 of the
City's Municipal Code.
There being no response to the Mayor's call for testimony, she declared the hearing closed.
Council discussion focused on the following: a clear definition of a roof deck; prohibition of a
roof being used as a deck; the possibility of placing the definition for especially important
items within the text as well as in the definitions section; the caution being given to applicants
for drive- through restaurants that an application did not guarantee approval and stopping
short of stating in the Code that the Council strongly discouraged this particular type of
establishment; and, that drive - through restaurants could be banned entirely or permitted no
closer than within 300 feet of any residence.
Councilman McTaggart moved, seconded by Councilmember Lyon, to introduce Ordinance
No. 340, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING
AMENDMENTS TO CHAPTER 17.02 (SINGLE - FAMILY RESIDENTIAL DISTRICTS),
CHAPTER 17.16 (COMMERCIAL NEIGHBORHOOD DISTRICT), CHAPTER 17.20
(COMMERCIAL GENERAL DISTRICT), CHAPTER 17.60 (CONDITIONAL USE PERMITS),
CHAPTER 17.80 (HEARING NOTICE AND APPEAL PROCEDURES) AND CHAPTER 17.96
(DEFINITIONS) OF TITLE 17 OF THE CITY'S MUNICIPAL CODE
The motion carried on the following roll call vote:
AYES: Byrd, Lyon, McTaggart, Hollingsworth, and Mayor Ferraro
NOES: None
City Council Minutes
September 1, 1998
Page 3
REGULAR BUSINESS:
Appointment to the View Restoration Commission (106 x 301 x 1806)
After one round of voting, Ms. Tobi Cordova was appointed as an alternate to the View
Restoration Commission with a term of office until December 1999. Mayor Ferraro
moved, seconded by Councilman McTaggart, to designate alternate Commissioner
Craig Mueller as a primary commissioner.
Equestrian Committee Guidelines (1203 x 1808)
Associate Planner Fox presented the staff report of September 1, 1998 and the
Equestrian Committee's recommendation to review and adopt the draft Equestrian
Committee Guidelines.
Richard Bara, 1 Peppertree Drive, Chairman of the Equestrian Committee, stated that
the committee had worked hard to set guidelines which satisfied most of the members
and that one of the topics of discussion had been the confidentiality of the
complainant. He believed that equestrian complaints were a little different from most
code enforcement cases because it was sometimes necessary for the two parties
involved to eventually face each other in order to resolve the problem. He added that
one way to avoid the confidentiality issue was that Daphne Clarke, president of the
Portuguese Bend Community Association, had offered to submit complaints in her
name for residents who wished to remain anonymous.
The Council questioned whether citizens would be willing to submit written complaints
without- anonymity and believed that even the committee should receive the written
complaints with the complainant's name removed.
City Attorney Lynch noted that once a case was closed, the details would become
public record and names would have to be revealed.
Lois Larue, 3136 Barkentine, objected to Daphne Clarke's submitting complaints for
other people because the Redevelopment Agency contracts with her for maintenance
service on the de- watering wells.
Council discussed other minor changes, including setting a limitation on the number of
abused animals that could be boarded, and a clarification of restrictions on extensions
requested by property owners to correct a violation. The consensus was to handle the
equestrian complaints with anonymity as with other code enforcement cases; and, that
these guidelines could be revised if necessary
Councilman Byrd moved, seconded by Councilmember Lyon, to accept the g uidelines
as amended. The motion carried.
City Council Minutes
September 1, 1998
Page 4
Waiver of the application and penalty fees for Variance No. 436 (1203)
Associate Planner Fox presented the staff report of September 1, 1998 and the
recommendation to grant the applicant's request to waive the $1,140 application fee
and the $1,140.00 penalty fee for Variance No. 436 for after - the -fact approval of a wall
in the front -yard setback area at 1887 MacArthur Street.
Council discussion focused on why the new owner of the property was not aware that
this was an illegal wall; how the City could be assured that a hardship did indeed exist;
and, whether an additional category, such as "extenuating circumstances ", should be
established to accommodate fee waivers for this type of request.
It was the consensus that staff should bring back the topic of another category at a
later date with other code amendments.
Councilman McTaggart moved, seconded by Councilman Byrd, to waive the penalty
fee.
The motion carried on the following roll call vote:
AYES: Byrd, Lyon, McTaggart, Mayor Ferraro
NOES: Hollingsworth
Mayor Pro Tem Hollingsworth clarified that he had voted no because he believed the
application fee should have been waived as well.
Resol. No. 98 -80 - Award a contract - Ladera Linda and Eastview Park ADA
Improvement Project (602 x 1201)
The staff report of September 3, 1998 recommended that the Counci 1 1) Award a
contract for the construction of the Ladera Linda and Eastview Park ADA Improvement
Project to Ryco Construction, Inc. for the price of $88,674; and authorize staff to spend
an additional $8,826 for contingencies for a total authorization of $97,500; 2)
Authorize the Mayor and the City Clerk to execute a contract for same; and, 3) Adopt
the proposed resolution amending Resolution No. 98 -47, the budget appropriation for
fiscal year 1998 -99, for a budget adjustment to appropriate additional expenditures of
$27,100 in the city's Community Development Block Grant (CDBG) fund.
Councilman Byrd moved, seconded by Councilman McTaggart, to 1) Award a contract
for the construction of the Ladera Linda and Eastview Park ADA Improvement Project
to Ryco Construction, Inc. for the price of $88,674; and .authorize staff to spend an
additional $8,826 for contingencies for a total authorization of $97,500; 2) Authorize
the Mayor and the City Clerk to execute a contract for same; and, 3) Adopt Resol. No.
98 -801 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES AMENDING RESOLUTION NO. 98 -47, THE BUDGET APPROPRIATION
City Council Minutes
September 1, 1998
Page 5
FOR FISCAL YEAR 1998 -99, FOR A BUDGET ADJUSTMENT TO APPROPRIATE
ADDITIONAL EXPENDITURES OF $27,100 IN THE CITY'S COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUND.
The motion carried on the following roll call vote:
AYES: Byrd, Lyon, McTaggart, Hollingsworth, Mayor Ferraro
NOES: None
Resol. No. 98 -81 - Purchase of Computer Workstations (602)
Director McLean presented the staff report of September 1, 1998 and the
recommendation to (1) Authorize the acquisition of 51 computer workstations from the
PV on the Net Computer Technology Center in accordance with their proposal dated
August 18, 1998; (2) Authorize Staff to negotiate the final terms and conditions of an
agreement with PV on the Net for professional services regarding the City's computer
network system, including the installation of the replacement workstations, upgrading
the network server to the Windows NT 4.0 Server operating system, daily
administration and the future overall network design, consistent with their proposal,
dated August 18, 1998; and, (3) Adopt the proposed resolution, amending resolution
no. 98-47, the budget appropriation for FY 98 -99, to increase the appropriation by
$60,000 in the equipment replacement (internal service) fund to pay for the completion
of the network upgrade and replace the recreation and parks software made obsolete
by the network upgrade.
Recess and Reconvene: At 8:15 PM, Mayor Ferraro declared a recess. The meeting
reconvened at 8:25 PM.
Council discussion centered on the adequacy of the security in the proposed system
and the disposal of the current terminals.
Lois Larue, 3136 Barkentine, opposed the City's contracting with PV on the Net
because she said they pay no rent to the City for the use of their building; and, they
did not offer the lowest bid. She also questioned the non - profit status of PV on the
Net.
John Freeman, 6850 Faircove Drive, had technical concerns, specifically about the
use of 15" instead of 17" monitors; the fact that jazz drives were slower, more
expensive, and had less space than others which might have been chosen; and, the
need for adequate training for employees on the new workstations.
Bert Nastanski, 29513 Baycrest, agreed that NT was preferable to Windows 95/98
because the security is better. He was concerned that because of the network
arrangement no one could work at an individual workstation if the network became
disabled. He suggested that some of the old computers be retained, independent of
City Council Minutes
September 1, 1998
Page 6
the network, to be used in this event.
Ted Vegvari, 4033 Via Nivel, Palos Verdes Estates, representing PV on the Net,
recommended the configuration of the system being considered and believed that
security had been addressed. He also clarified that work stations would still be
useable in the event of problems until the server could be repaired or replaced.
Councilman Byrd moved, seconded by Councilman McTaggart, to (1) Authorize the
acquisition of fifty -one (51) computer workstations from the PV on the Net Computer
Technology Center in accordance with their proposal dated August 18, 1998; (2)
Authorize Staff to negotiate the final terms and conditions of an agreement with PV on
the Net for professional services regarding the City's computer network system,
including the installation of the replacement workstations, upgrading the network
server to the Windows NT 4.0 Server operating system, daily administration and the
future overall network design, consistent with their proposal, dated August 18, 1998;
and, (3) ADOPT RESOLUTION NO. 98 -81, AMENDING RESOLUTION NO. 98-47,
THE BUDGET APPROPRIATION FOR FY 98 -991 TO INCREASE THE
APPROPRIATION BY $60,000 IN THE EQUIPMENT REPLACEMENT (INTERNAL
SERVICE) FUND TO PAY FOR THE COMPLETION OF THE NETWORK UPGRADE
AND REPLACE THE RECREATION AND PARKS SOFTWARE MADE OBSOLETE BY
THE NETWORK UPGRADE.
The motion carried on the following roll call vote:
AYES: Byrd, Lyon, McTaggart, Hollingsworth, and Mayor Ferraro
NOES: None
Resol. No. 98 -82 - Award a contract - construction of the Lower Hesse Park
(1201 x 1204)
Director Allison presented the staff report and the recommendation to 1) Award a
contract for the construction of the Lower Hesse Park Trails to Thomsen Landscaping
for the price of, $486,000 with an "At Risk Youth" target of $45,000 (3,000) included;
and authorize staff to spend an additional $20,000 for contingencies for a total
construction authorization of $506,000; 2) Authorize the Mayor and the City Clerk to
execute a contract for same; 3) Adopt the proposed resolution amending Resolution
No. 98 -47, the budget appropriation for fiscal year 1998 -99, for a budget adjustment to
the City's Capital Projects and Environmental Excise Tax Funds; and, 4) Adopt the
proposed resolution adopting a Mitigated Negative Declaration and Mitigation
Monitoring Program in association with an Environmental Assessment SCH#
98071004 for the Lower Fred Hesse Park Trails, pursuant to the California
Environmental Quality Act (CEQA) and the city's local CEQA guidelines.
Staff confirmed that the California Department of Fish and Game had toured the area
and the City assured the agency that the .13 acres of willow scrub will be maintained.
City Council Minutes
September 1, 1998
Page 7
Jim Moore, 6810 Locklenna Lane, a 31 -year resident, was pleased about the progress
of the project, stating that he had been a member of. the Recreations and Parks
subcommittee which had proposed the options and that the goal had been to provide a
low cost plan which would provide features to be included or deleted for cost
effectiveness. He urged the Council's adoption, stating that this development would
provide features not available in the City at this time.
Lois Moore, 6810 Locklenna Lane, echoed her husband's comments, thanking Tom
Lockett and Shelby Jordan for their work.
John Freeman 6850 Faircove Drive, stated he had lived for 21 years adjacent to this
area, and he commended the Council for encouraging the development of this section
of Hesse Park.
Arlene Calof, 29509 Baycrest Drive, was in favor of the plan and said she would like to
see the project begin as soon as possible.
Robin Mackay, 6626 Locklenna Lane, stated that he and his wife had lived across the
street from this area for 29 years and requested that the Council approve the project.
Harrie Goedde, 6639 Verde Ridge Road, urged to Council to approve the project
stating that he and his wife Frances were looking forward to enjoying the features of
the development.
Bert Nastanski, 29513 Baycrest Drive, stated that he had lived adjacent to the area for
22 years and was looking forward to the project replacing the weeds. He urged the
Council to approve the full scale development.
L. G. Thompson, 6513 Madeline Cove Drive, stated that he was a member of the
Pacific View Homeowners Association and a 22 -year resident of the City and that he
and his family had enjoyed Hesse Park and believed development of the lower part of
the park would enrich the community even more. He urged the Council to approve
complete funding of the plan.
Ron Santarosa, 6538 Verde Ridge Road, President of Pacific View Homeowner
Association, said that the association had been working with the Council for a number
of years and that the Council had been very receptive to neighborhood needs. He
requested that the Council approve the project and was pleased that the State had
provided money to help defray the costs.
Roger Mo, 6852 Verde Ridge Road, said that he had been looking forward to this
development since his daughter was four and now he had a four year old grandson to
enjoy it, He believed staff did an excellent job and urged the Council to fully fund the
project.
City Council Minutes
September 1, 1998
Page 8
Eric Randall, 6528 Madeline Cove Drive, stated that in 1988, he served on a 15-
member committee which drafted revisions to the City Master Plan for Parks and that it
was exciting to see another element being implemented. He was pleased about the
funding, commended the Council and urged passage in its entirety.
Jeff Malek, 6831 Faircove Drive, noted that usually development and parks are usually
separate issues but he believed development of this park would enhance the
neighborhood.
Shelby Jordan, 29208 Posey Way, Pacific View Homeowners Association, expressed
appreciation to all the people who participated in this project and urged its approval.
Council requested clarification of the amount being transferred from the Environmental
Excise Tax fund. Further discussion focused on the rock overlook/water stone, the
width of the trails and the entrance signage.
Councilmember Lyon moved, seconded by Councilman McTaggart, to 1) Award a
contract for the construction of the Lower Hesse Park Trails to Thomsen Landscaping
for the price of $486,000 with an "At Risk Youth" target of $45,000 (3,000) included; 2)
Authorize the Mayor and the City Clerk to execute a contract for same; and, 3)
ADOPT RESOLUTION NO. 98 -82 AMENDING RESOL. NO. 98-47, THE BUDGET
APPROPRIATION FOR FISCAL YEAR 1998 -99, FOR A BUDGET ADJUSTMENT TO
THE CITY'S CAPITAL PROJECTS AND ENVIRONMENTAL EXCISE TAX FUNDS;
AND, 4) ADOPT RESOLUTION NO. 98 -83, ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING PROGRAM IN ASSOCIATION
WITH AN ENVIRONMENTAL ASSESSMENT SCH# 98071004 FOR THE LOWER
FRED HESSE PARK TRAILS, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) AND THE CITY'S LOCAL CEQA GUIDELINES, with the
provision of changing the $196,000 to $126,000 as noted.
The motion carried on the following roll call vote:
AYES: Byrd, Lyon, McTaggart, Hollingsworth, and Mayor Ferraro
NOES: None
Set date for Community Leaders' Breakfast (301 x 305)
It was the Council's consensus to reschedule the Community Leaders Breakfast to
October 31, 1998 at Hesse Park.
Construction Activity in Subregion 1 (1101 x 1411)
Councilman McTaggart stated that construction equipment had been operating as late
as 9:00 P.M. and also on Sunday; that the Sheriff's Department had been called on at
least one occasion but when the deputy arrived, the equipment was idle.
City Council Minutes
September 1, 1998
Page 9
Council discussed the permitted operating hours and other complaints such as too
much dust and inadequate watering.
City Manager Evans indicated that he had spoken to the contractor several times and
threatened to shut down the operation if they did not comply with the City's operating
hours and control of dust.
It was the consensus that staff should shut down the operation if the developer
continued these violations.
ORAL CITY COUNCIL REPORTS:
Councilman McTaggart gave a video tape showing the interns' work at PV on the Net
to City Manager Evans and asked if he could persuade Cox Cable to show it on the
public access channel.
PUBLIC COMMENTS:
Lois Larue, 3136 Barkentine Road, stated her disagreement with the Council's action
regarding development at Long Point and the City's association with PV on the Net.
ADJOURNMENT: At 9:40 P.M., Mayor Ferraro adjourned the meeting.
EWA
ATTEST:
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City Council Minutes
September 1, 1998
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