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CC MINS 19980915 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING SEPTEMBER 15, 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 7:15 P.M. 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; Senior Administrative Analyst Gina Park; Assistant Planner Lisa Louie; Project Coordinator Emmanuel Ursu; and, Recording Secretary Jackie Drasco. CEREMONIAL MATTERS (304 x 1101) Mayor Ferraro presented a letter of support to Florence Mak representing the Education Association of the Peninsula in recognition of the month of October as "Support Your School" month. She also mentioned that the week of September 17-23, 1998 had been designated as Constitution Week and asked that all present reflect on the sacrifices made by the founding fathers. APPROVAL OF AGENDA: Councilman McTaggart moved that a discussion of the activities at Subregion 1 be added to the agenda, seconded by Councilmember Lyon. The motion carried. City Manager Evans stated that the items to discuss rescheduling of the Community Leaders breakfast would be removed from the agenda because rescheduling was no longer necessary. Mayor Ferraro moved, seconded by Councilman Byrd, that a discussion of rescheduling or canceling of the October 6 meeting be added to the agenda. The motion carried. Councilman McTaggart moved, seconded by Mayor pro tem Hollingsworth, to approve the agenda as amended. The motion carried. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine Road, spoke to several items on the Consent Calendar: bonding requirements for service contracts; pesticide spraying for weed control on the roadside; and, consultant Gary Amo. Councilman McTaggart moved, seconded by Councilman Byrd, 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. Minutes (301) Approve the minutes of September 1, 1998. Resol No. 98- 84 - Budget Appropriation Increases for FY 1997-98 (301 x 602) ADOPTED RESOL. NO. 98-84, AMENDING RESOL. NO. 97-55, THE BUDGET APPROPRIATION FOR FY1997-98, TO INCREASE BUDGETED APPROPRIATIONS IN THE COPS/LLESS FUND BY$1,200. Contract Bonds for Service Contracts (1204) (1) Deleted the requirement for performance bonds for maintenance service contracts. (2)Authorized staff to issue a change order to the Annual Street Sweeping Contract to delete the requirement for performance bonds. Resol. No 98-85 - Professional Service Agreement - Waste Collection and Recycling Contract Negotiator(1204 x 1301) (1) Awarded a professional services contract to and authorize the Mayor and the City Clerk to execute an agreement with Hilton Farnkopf& Hobson, LLC for professional services to assist staff in the preparation of contractor proposals, negotiation, and execution of a comprehensive single-family and multi-family residential franchise agreement for solid waste collection and recycling for anot-to-exceed fee of$67,500; and (2) ADOPTED RESOL. NO. 98-85, AMENDING RESOL. NO. 98-47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1998-99, TO INCREASE THE APPROPRIATIONS IN THE SOLID WASTE FUND BY $37,500. Ordinance No. 340 - Chapter 17.02 (1203 x 1801) Adopted 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. (This ordinance was introduced on September 1, 1998.) City Council Minutes September 15, 1998 Page 2 Resol No. 98-86 - Register of Demands (602) Adopted Resol. No. 98-86, 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, and Mayor Ferraro NOES: None # # . # # # # # PUBLIC HEARING: Use of Federal and State funding for Supplemental police services (301 x 1206) Mayor Ferraro opened the public hearing on this request for a request to use Federal and State funding for Supplemental police services. City Clerk Purcell announced that notice had been duly published and no protest letters were received. City Clerk Purcell presented the staff report of September 15, 1998 and the recommendation to approve the continuation of the two Special Assignment Officers (SAOs) to perform enforcement and crime prevention duties at schools in the region and other special missions as directed. Lt. Mike Grimaldi from the L. A. County Sheriffs Station in Lomita discussed the SAO program, noting that it had been successful in solving problems with juveniles and that the officers were familiar with the school campuses and surrounding areas. They dealt with such problems as graffiti, gang activities, truancy, and mail theft. There being no response to the Mayor's call for testimony, she declared the hearing closed. Councilman Byrd moved, seconded by Mayor Pro Tem Hollingsworth to approve the continuation of the two Special Assignment Officers (SAOs) to perform enforcement and crime prevention duties at schools in the region and other special missions as directed. The motion carried Ordinance No. 332 - Health and Safety Code (801 x 1101) Mayor Ferraro Opened the public hearing on this request to adopt an ordinance amending the City's Health and Safety Code, Chapter 8.04. City Clerk Purcell announced that notice had been duly published and no protest letters were received. Sr. Administrative Analyst Park presented the staff report of September 15, 1998 and the recommendation to adopt Ordinance No. 332 amending the Health and Safety Code of the City of Rancho Palos Verdes and adopting by reference the Health and City Council Minutes September 15, 1998 Page 3 Safety Code of the County of Los Angeles (Title 11, which includes Chapter 6.7 of Division 20 of the California Health and Safety Code) and the Public Health Licenses Regulations of the County of Los Angeles (Division 1 of Title 8), and amending the Rancho Palos Verdes Municipal Code. Council inquiries clarified that restaurant owners initiated the inspections; that inspections were limited to one every 12 months; and, that the cost for an "A" rating was included in the license. Councilman Byrd moved, seconded by Councilmember Lyon, to ADOPT ORDINANCE NO. 332 AMENDING THE HEALTH AND SAFETY CODE OF THE CIN OF RANCHO PALOS VERDES AND ADOPTING BY REFERENCE THE HEALTH AND SAFETY CODE OF THE COUNTY OF LOS ANGELES (TITLE 11, WHICH INCLUDES CHAPTER 6.7 OF DIVISION 20 OF THE CALIFORNIA HEALTH AND SAFETY CODE) AND THE PUBLIC HEALTH LICENSES REGULATIONS OF THE COUNTY OF LOS ANGELES (DIVISION 1 OF TITLE 8), AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. (This ordinance was introduced on March 17, 1998.) The motion carried on the following roll call vote: AYES: Byrd, Lyon, McTaggart, Hollingsworth, and Mayor Ferraro NOES: None View Restoration Permit No. 50 Appeal (1203 x 1806) Mayor Ferraro announced that this was a continued public hearing on a request to appeal View Restoration Permit No. 50 (Applicant: Mr. & Mrs. Cangemi, 30130 Avenida Tranquila; Foliage Owners: Mr. & Mrs. Duncan Walker, 30137 Avenida Tranquila). Project Coordinator Ursu presented the staff report of September 15, 1998 and informed the Council that since the written report was prepared and distributed, the appellant had trimmed the view impairing trees. Staff indicated that while all four view impairing trees on the appellant's property were trimmed, the two Eucalyptus trees were not trimmed as required by the VRC. In light of the trimming already performed by the appellant, staff recommended that the Council consider the following three options: 1) affirm the VRC's decision as memorialized in the draft Council resolution thereby requiring additional trimming of the two Eucalyptus trees, 2) amend the VRC's decision by raising the crown on tree No. 4 (instead of reducing the height of the tree), or 3) remand the appeal back to the VRC in order to determine if the view is still significantly impaired. Mayor Pro Tem Hollingsworth recused himself from hearing this item because he was not present for the original hearing. Margaret Walker, 30137 Avenida Tranquila, distributed a photo board of before and after pictures showing the effects of the tree trimming which had cost her over $4000. She felt that their trimming had now given Mr. Cangemi a view that he didn't have even when he moved into his house. City Council Minutes September 15, 1998 Page 4 Steve Cangemi, 30130 Avenida Tranquilla, commended Mrs. Walker on trimming the ash trees but believed that the eucalyptus trees could use additional trimming. He inquired about a maintenance schedule. There being no further public testimony, Mayor Ferraro closed the public hearing. Council discussion centered on the ameliorating effect of this trimming, and the establishment of a maintenance schedule which would be monitored by staff. Councilman Byrd moved, seconded by Councilman McTaggart, to uphold the appeal, amending the VRC's decision by accepting the trimming as performed by the appellant, and directing staff to incorporate a maintenance schedule in the decision and to return the appeal fee to the appellant. The motion carried on the following roll call vote: AYES: Byrd, Lyon, McTaggart, and Mayor Ferraro NOES: None ABSTAIN: Hollingsworth Resol. No. 98-87 - Height Variation No. 859 (1203 x 1804) Mayor Ferraro Opened the public hearing on this request for approval of additions totaling 1,767 sq. ft. consisting of a 1,196 sq. ft. one story addition and a 571 sq. ft. second story addition. Location: 59 Oceanaire Dr. Applicants: Mr. & Mrs. Al Edgerton. Appellant: Mr. Timothy Cotter. City Clerk Purcell announced that notice had been duly published and that protest letters were made a part of the Council's agenda packet and that additional letters had been distributed to Council at the outset of the meeting. Director Rojas presented the staff report of September 15, 1998 and the recommendation to adopt the proposed resolution denying the appeal of Mr. Timothy Cotter and thereby upholding the Planning Commission's approval for Height Variation No. 859 and Site Plan Review No. 7988 "Revision" subject to conditions. Timothy Cotter, 57 Oceanaire Drive, stated that he filed the appeal because the project would interfere with his privacy; was not compatible with the neighborhood character; and, did not comply with City code. He showed the Council photos indicating that four windows of the new structure would look into his pool area. He then discussed factors .of neighborhood compatibility, the project's size compared with other neighborhood homes; the difference in its architectural style; the"increased lot coverage; and, that this would be a two-story structure in a neighborhood of single story homes. He noted that the Planning Commission had rejected the first design proposed in 1997. He still believed, however, that the redesigned project lacked neighborhood compatibility and that the translucent windows did not satisfy the concern for privacy. Jim Robinson, 40 Oceanaire Drive, felt that the two story home would destroy the aesthetics of the neighborhood; that,the split level homes were placed in lower areas so that the topography was maintained and they did not appear to be two-story City Council Minutes September 15, 1998 Page 5 structures. Bob Luthi, President of Del Cerro Homeowners Association, 4 Ambersky Drive, wanted to preserve the rural nature of the neighborhood and he felt that the remodeled home would be massive and ostentatious and would set a precedent for more two story homes. He closed by pointing out that the applicant had adequate room behind the present home to add on and there was no need for a second story. Teng Li-Ann Lee, 55 Oceanaire Drive, urged the Council to reject the proposed addition. Kathy Edgerton, applicant, 59 Oceanaire Drive, urged the Council to deny the appeal, and described the compromises they made in the redesigned plans. She said that the size of the proposed project had been reduced from 5,700 square feet to less than 5,000. She felt that there was no view impairment; that the privacy issues were adequately addressed; and, that there was compliance with City codes. Gary Lane, Lane Building Designs, 500 S. Sepulveda, Suite 106, Manhattan Beach, the applicant's designer, explained that a plan with more floor space on the lower level, combined with the swimming pool in the back yard and a severe slope at the rear of the property would eliminate any useable back yard for the Edgerton's. Further, that the new design was considerably smaller and had a softer roof line which made the house appear less massive. He displayed a photoboard of existing two-story homes in the neighborhood. Al Edgerton, applicant, 59 Oceanaire Drive, said that the revised plan provided translucent windows and that foliage would be provided to maintain privacy for his neighbor. He disagreed that all the two level homes followed the rise and fall of the topography. He felt that his proposed home would increase property values, and pointed .out that it would be only 50 square feet larger than three nearby homes. Scott Stotelmyer, 1336 8th Street, Manhattan Beach, told the Council that he and his wife are looking at real estate in the City and that they were disturbed to hear about the opposition to home additions. Designer Gary Lane added that even though the second story was only q 571 square feet, it was necessary because an upstairs area would provide a private area, a good view and retention of more of the back yard space. Speaking in rebuttal, John Cotter, 57 Oceanaire Drive, said that privacy issues had been addressed and that there were other two story homes in the neighborhood. Recess and Reconvene: At 8:45 P.M., Mayor Ferraro declared a recess. The meeting reconvened at 8:55 P.M. Mayor Ferraro closed the public hearing. Council discussion focused on the necessity of a second story; the matter of privacy; City Council Minutes September 15, 1998 Page 6 the mitigating effects of the proposed foliage; and the necessity for a covenant to insure that foliage would be maintained in such a manner as to protect the privacy of the appellant. Councilman McTaggart moved, seconded by Councilmember Lyon, to adopt RESOL. NO. 98-87. AS AMENDED, DENYING THE APPEAL OF MR. TIMOTHY COTTER AND THEREBY UPHOLDING THE PLANNING COMMISSION'S APPROVAL FOR HEIGHT VARIATION NO. 859 AND SITE PLAN REVIEW NO. 7988 "REVISION" SUBJECT TO CONDITIONS AND ADDING A REQUIREMENT FOR A COVENANT TO MAINTAIN THE FOLIAGE FOR PRIVACY. The motion carried on the following roll call vote: AYES: Lyon, McTaggart, Hollingsworth, and Mayor Ferraro NOES: Byrd REGULAR BUSINESS: Cable TV - Cox Communications (605 x 1101) Steven Fowler, General Manager of Cox Cable, reported on the details of the installation of Cox's new fiber optic and electronic equipment through the Peninsula. Council discussion and inquiries focused on the following: the number of channels that would be offered; rates; coordinating replacing cable with repaving streets; notification to residents when work is to be done; the necessity for a conversion box; the improved reliability as a result of this new equipment; services which might be available to City Hall; and, the schedule of replacement (November 1998 through late February 1999). Ord, No. 339 - Telecommunications Regulatory Ordinance (605 x 1101 x 1801) Assistant City Manager Petru presented the staff report of September 15, 1998 and the recommendation to Adopt a comprehensive Telecommunications Regulatory Ordinance to replace the current Municipal Code Section 13.12. Councilman Byrd moved, seconded by Councilman McTaggart, to adopt Ordinance No. 339 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING A TELECOMMUNICATIONS REGULATORY ORDINANCE AND AMENDING CHAPTER 13.12 OF TITLE 13 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. The motion carried on the following roll call vote: AYES: Byrd, Lyon, McTaggart, Hollingsworth, and Mayor Ferraro NOES: None Palos Verdes Drive East and Bronco Drive Drainage (604 x 1204) Public Works Director Allison presented the staff report of September 15, 1998 and the City Council Minutes September 15, 1998 Page 7 , , recommendation to (1) Authorize staff to prepare plans and specifications to repair a private storm drain facilityadjacent to the Palos Verdes Drive East and Bronco Road intersection; (2) Authorize staff to prepare and execute License Agreements with the affected property owners to repair the damaged portions of the private storm drain 1 system adjacent to the Palos Verdes Drive East and Bronco Drive intersection; and, (3) Y Authorize staff to solicit request for proposals (RFPs) for professional services to design, inspect and obtain easements to construct a permanent storm drain system in Palos Verdes Drive East. Council discussion focused on the necessary repairs to be made prior to the rainy season and easements needed from property owners for access to their property. Lois Larue, 3136 Barkentine Road, congratulated staff on their work on this project. Councilman McTaggart moved, seconded by Councilmember Lyon, to (1) Authorize staff to prepare plans and specifications to repair a private storm drain facility adjacent to the Palos Verdes Drive East and Bronco Road intersection; (2) Authorize staff to prepare and execute License Agreements with the affected property owners to repair the damaged portions of the private storm drain system adjacent to the Palos Verdes Drive East and Bronco Drive intersection; and, (3) Authorize staff to solicit request for proposals (RFPs) for professional services to design, inspect and obtain easements to construct a permanent storm drain system in Palos Verdes Drive East The motion carried on the following roll call vote: AYES: Byrd, Lyon, McTaggart, Hollingsworth, and Mayor Ferraro NOES: None Proposition No. 9 (605 x 1101) Scott Gobble, representing Southern California Edison Company, 505 Maple Avenue, Torrance, spoke against this proposition regarding the use of utility rate payer funds and urged the Council to oppose this measure, adding that the League of California Cities and California Contract Cities Association were in opposition. Councilman McTaggart moved, seconded by Councilman Byrd, to oppose Proposition 9. The motion carried. Subregion 1 - Construction Activity - (Tract No. 46628) (1203 x 1411) City Manager Evans explained that because of concern mentioned at the last Council meeting, new procedures had been instituted at this construction site but they had failed. Neighbors were recently awakened on at 4:30 AM by equipment being moved. This resulted in the City issuing a stop work Order. He said that the developer was now asking permission to resume work at the site. Bob Trapp, representing Capital Pacific Holdings, 4100 MacArthur Blvd., Suite 200, Newport Beach, apologized for this failure to comply with City regulations and he City Council Minutes September 15, 1998 Page 8 explained the chain of events that cause this early morning disruption of the neighbors. He assured that it would not happen again. Councilman Byrd moved, seconded by Councilman McTaggart, to allow them to continue. The motion carried. SCHEDULE FOR OCTOBER COUNCIL MEETINGS (307 x 1101) Because of a lack of quorum for the City Council meeting of October 6, 1998, and after consideration of substitute dates, the Council's consensus was to cancel the meeting. PUBLIC COMMENTS: Lois Larue, 3136 Barkentine Road, spoke to several matters: the procedure for the Council approving the register of demands when a Council meeting was canceled; objected to the Council speaking out on issues in the community, such as supporting a certain School Board candidates; and, cited what she felt were inaccuracies in a City position paper relative to the landslide moratorium. CLOSED SESSION REPORT City Attorney Lynch reported that in the Ortolano matter, that the Council had given unanimous direction to continue to work on reaching settlement. For the second item, no action was taken. ADJOURNMENT: At 10:25 P.M., Mayor Ferraro adjourned the meeting. NfAY0 ATTEST: CITY CLERK NACITYCLERKWINUTESX091 598CC.MIN City Council Minutes September 15, 1998 Page 9