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CC MINS 19990202MINUTES RANCHO PALOS VERDES CITY COUNCIL r- REGULAR MEETING February 2, 1999 The meeting was called to order at 7:07 P.M. by Mayor Hollingsworth at Fred Hesse Community Park, 29301 Hawthorne Boulevard. After the Pledge of Allegiance, roll call was answered as follows: PRESENT: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth 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; Senior Planner Greg Pfost; and, Recording Secretary Jackie Drasco. RECYCLING: (1204 x 1301) Recycler of the Month winner for January 1999 was Hsiang Kuang who will receive one year of free refuse service. A name was drawn for February. APPROVAL OF AGENDA: Councilman McTaggart moved, seconded by Mayor pro tem Byrd, to approve the agenda except to hear the Antenna Ordinance item after the Notice of Completion of the Sidewalk Repair Program. Motion carried. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine Road, commented on the Council's meeting in Sacramento with legislators; asked for an explanation of ERAF, the Portuguese Bend Habitat Mitigation and the delay in revegetating the Oceanfront Estates property; and, she reiterated her disagreement with the combination of the RDA, Improvement Authority and the City Treasurer's Report. Mayor pro tem Byrd moved, seconded by Councilwoman Ferraro, to approve the Consent Calendar as follows: Motion to Waive Full Reading 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) Approved the minutes of January 12, 1999 Special Meeting with Legislators. Notice of Completion for Street Improvement of Palos Verdes Drive East from Ganado Drive to Palos Verdes Drive South - Sequel Contractors, Inc (1204 x 1404) (1) Accepted the work as completed; (2) authorized the City Clerk to record a Notice of Completion with the County Recorder; if no claims are filed 35 days after recordation, and upon the contractor posting an acceptable warranty bond, notify the surety company to exonerate the Payment and Performance bonds; and, (3) authorized the Finance Director to release the 10% retention payment, to Sequel Contractors, Inc., 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. Household Hazardous Waste Round -Up Siting and Liability Agreement with Los Angeles County (1204 x 1402) Authorized the Mayor and the City Clerk to sign the proposed Household Hazardous Waste Collection Program Siting and Liability Agreement with both the County of Los Angeles and County Sanitation District No. 2 of Los Angeles County. Resol. No. 99 -06 - Capital Improvement Program Funding Agreements (602 x 1505) Adopted Resolution No. 99 -06, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE FUNDING AGREEMENTS WITH THE STATE OF CALIFORNIA FOR CYCLE 9 OF THE STATE AND LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FOR APPROVED CAPITAL IMPROVEMENT ROAD PROJECTS. Professional Engineering Services for the FY 1999 -2000 Slurry Program and FY 1999 2000 Overlay Program (1204 x 1404) (1) Awarded a Professional Services Agreement to Willdan Associates, Inc., in the amount of $117,064, and authorized staff to spend an additional $8,936 for a total authorization of $126,000 for the design, inspection, pavement testing, and project administration services for the FY 1999 -2000 Slurry and FY 1999 -2000 Overlay Programs. (2) Authorized the Mayor and City Clerk to execute a Professional Services Agreement with Willdan Associates, Inc. City Council Minutes February 2, 1999 Page 2 ORDINANCE NO. 344 — Development Agreement (1203 x 1411) (1) ADOPTED ORDINANCE NO. 344 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES APPROVING THE DEVELOPMENT AGREEMENT FOR TRACT MAP NO. 46628 AND ACCEPTING DEDICATIONS AND EASEMENTS FOR ROADWAY, UTILITY, TRAILS, OPEN SPACE AND RESTRICTED USE PURPOSES; (2) authorized the Mayor and the City Clerk to sign the Development Agreement; and, (3) authorized the City Clerk to sign the Final Tract Map. Resol Nos. 99 -07 and 99 -08 - Appeal of the Planning Commission Decision of C.U.P. No. 195, et al. (1203 x 1804) (1) ADOPTED RESOLUTION N0. 99 -07, CERTIFYING A FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT, ADOPTING A MITIGATION MONITORING PROGRAM, CERTAIN FINDINGS AND FACTS IN SUPPORT OF FINDINGS AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQX), AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS IN CONNECTION WITH THE APPROVAL OF CONDITIONAL USE PERMIT NO. 195, GRADING PERMIT NO. 1903, TENTATIVE PARCEL MAP NO. 24655, SIGN PERMIT NO. 842; AND (2) ADOPT RESOLUTION NO. 99 -08, DENYING THE APPEAL OF ANTHONY SEGRETTO AND APPROVING CONDITIONAL USE PERMIT NO. 195, GRADING PERMIT NO. 1903, TENTATIVE PARCEL MAP N0. 24655, SIGN PERMIT NO. 842, FORA 122 UNIT ASSISTED LIVING FACILITY LOCATED AT THE INTERSECTION OF CRESTRIDGE ROAD AND CRENSHAW BOULEVARD. December 1998 Treasurer's Report (602) Received and filed the December 1998 Treasurer's Report for the City of Rancho Palos Verdes and its component units (i.e., Redevelopment Agency and Improvement Authority). Resol. No. 99 -09 - Register of Demands (602) ADOPTED RESOL. NO. 99 -091 A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. Councilman McTaggart moved, seconded by Mayor pro tem, to approve the consent calendar. City Council Minutes February 2, 1999 Page 3 The motion to approve the Consent Calendar carried on the following roll call vote: AYES: NOES: PUBLIC HEARING: Ferraro, Lyon, McTaggart, Byrd, and Mayor Hollingsworth None Resol. Nos. 99 -10 and 99 -11 - Revision "H" to the Ocean Trails Project (11203 x 1411) Mayor Hollingsworth opened the public hearing on this request to amend C.U.P. No. 162 and Grading Permit No. 1541 (Ocean Trails LP). Assistant City Manager Petru announced that notice had been duly published and all protest letters had been included in the agenda packet. Senior Planner Pfost presented the staff report of February 2, 1999 and the recommendation to (1) adopt the proposed resolution, approving Addendum No. 7 To Environmental Impact Report No. 36; (2) adopt the proposed resolution Approving Conditional Use Permit No. 162 - Revision "H ", thereby permitting the building pads for 6 lots of VTTM 50667 to be lowered and changed to split -level pads, and the lowering of 6 other lots and street "B" of VTTM 50667; and (3) adopt the proposed resolution approving Grading Permit No. 1541 - Revision "H" To The Ocean Trails project; thereby permitting limited construction work on Sundays Through March 21, 1999. Ken Zuckerman, 1 Ocean Trails, representing Ocean Trails, said that he agreed with the recommendation but disagreed that the change should be made through a modification to the CUP and did not know that was the mechanism to be used until he received the staff report and therefore was asking for a continuation of the item except for changing the construction hours to include several Sundays. He explained that the Sunday after the tournament was included to allow for cleanup. John Williams, 5976 Flambeau Road, representing the Palos Verdes Peninsula Chamber of Commerce, believed the celebrity tournament provided an excellent opportunity for publicity for Ocean Trails and was also good -for the community. Brian Schatz, 3200 La Rotondo Drive, speaking as a homeowner and for the Board of Directors of the Ocean Terraces Homeowners Association, representing 100 homeowners, spoke in support of the request, subject to the provisions in the letter the Association submitted. City Council Minutes February 2, 1999 Page 4 Bob Moore, 3200 La Rotondo Drive, #212, also representing the Ocean Terraces Homeowners Association Board of Directors, said that the majority of the Ocean Terraces homeowners agreed with the staff recommendation as they wished to expedite the completion of Ocean Trails. Sue Kersey, 32315 Forrestal Drive, spoke in support of allowing Sunday construction to complete the work more quickly in order to hold the tournament. Mike Kennedy, 3200 La Rotonda Drive, #116, said because his neighborhood had been subjected to the noise of the construction for the for last year, he would be happy to see construction allowed on Sundays to allow speedy completion of the work. Joyce Fink, 32353 Sea Raven, read a letter written by the Gussman family stating opposition to the Sunday construction because it was the one day of peace and quiet for the surrounding residents. She added that she was in favor of Ocean Trails and the golf tournament but hoped there could be another way to finish the work in time without working on Sunday. She was also concerned about setting a precedent. George Fink, 32353 Sea Raven, disagreed with construction work being allowed on Sunday because of the noise and dust. Council discussion focused on the fact that any adverse impacts from the Sunday work would put at risk the permission for this exception, and that noise should be kept to a minimum. The Council suggested that residents call them at home if necessary, stating that their numbers were in the phone book. Councilmembers said that they were not happy that Sunday work was needed and the concept of lengthening the weekdays or making the Sunday workday shorter was considered but neither was workable. The consensus was that the tournament and the related publicity would be good for the City. There being no further public testimony, Mayor Hollingsworth closed the public hearing. Councilwoman Ferraro moved, seconded by Councilmember Lyon, to allow the requested hours for construction work on Sunday for the number of weeks specified. Further discussion clarified that no trucks or other construction vehicles would be allowed, that a staff person would be on call to monitor complaints by nearby residents, and that a Code Enforcement Office would patrol on the designated Sundays. The motion carried on the following roll call vote: AYES: Ferraro, Lyon, McTaggart, Byrd, and Mayor Hollingsworth NOES: None Councilwoman Ferraro moved, seconded by Councilmember Lyon, to ADOPT RESOLUTION NO. 99 -10, APPROVING ADDENDUM NO. 7 TO ENVIRONMENTAL IMPACT REPORT NO. 36 and ADOPT RESOLUTION NO. 99 -11, APPROVING GRADING PERMIT NO. 1541 - REVISION "H" TO THE OCEAN TRAILS PROJECT; City Council Minutes February 2, 1999 Page 5 THEREBY PERMITTING LIMITED CONSTRUCTION WORK ON SUNDAYS THROUGH MARCH 21, 1999. Motion carried. Consideration of the third proposed resolution for the CUP revision was continued to the next regularly schedule Council meeting on February 16, 1999. Presentation by El Segundo Mayor Mike Gordon requesting support for their opposition to the expansion of Los Angeles International Airport (305 x 1101) With the use of overhead slides presented for Council and audience viewing, Mayor Gordon discussed the reasons for establishing a regional airport as an alternative to expanding LAX. Council informed Mayor Gordon that they could take no action at this time but would consider it taking a position at a later time. REGULAR BUSINESS: Names for the Parks and trails at the Ocean Trails Project (1203 x 1411) The recommendation was to approve the names of the parks and trails within the Ocean Trails Project as described in the staff report. Ken Zuckerman, 1 Ocean Trails, representing Ocean Trails, said that his group agreed with staff on the names of the trails except for Flying Golf Ball Trail. He explained that he favored this name because it indicated that the trail passed through an active golf area. He clarified that this trail location had been chosen by the Coastal Commission and that warning signs would be posted for the safety of people using this trail Council discussion centered on a contest for high school students to name the two parks at the Ocean Trails entrance. Details were discussed such as a six -week deadline, because one of the parks would be completed by that time, and suggestions were made. Mayor pro tern Byrd moved, seconded by Councilmember Lyon, to approve the trail names suggested by the applicant. It was agreed that a contest would be held to name the parks with the Recreation and Parks Committee to act as judges and that further details would be discussed at the Council's next meeting on February 16, after Mayor Hollingsworth and Councilman McTaggart discussed the contest with the school district. Revision to Recycling Revenue Beautification Grant Program Guidelines and Applications (1204 x 1301 ) The recommendation was to expand the eligibility of the grant program to include City Council Minutes February 2, 1999 Page 6 commercial centers (minimum 10 businesses or 5 acre developed site), public utilities or agencies and the Palos Verdes Peninsula Unified School District sites within the City limits. After a short discussion regarding sites to be considered, Councilman McTaggart moved, seconded by Councilwoman Ferraro, to add two more schools (Dodson and Crestwood) and the Miraleste Library, and delete the commercial sites and public utility agencies. Further Council discussion provided the suggestion that if the groups offered to pay 50% of the cost of the project, the City would match the funds. The maker and seconder of the motion agreed to this amendment and the motion carried. Special Event Banner Program (7201) Mayor Hollingsworth presented the staff report of February 2, 1999 and the recommendation to refer the study of the feasibility and cost of providing pole- mounted banners proclaiming City events to the Recreation and Parks Committee. Mayor pro tem Byrd moved, seconded by Councilman McTaggart, to accept the recommendation. Motion carried Neighborhood Watch Appreciation Luncheon & Community Leaders Breakfasts (301 x 305 x 1206) The recommendation was to select dates for the 1999 Neighborhood Watch Appreciation Luncheon and the Community Leaders Breakfasts. Dates selected were as follows: Neighborhood Watch Luncheon on March 13, 1999 Community Leaders Breakfasts on May 8 and October 2, 1999 Re- establishment of the Eastview Ad Hoc Committee (301 x 306) The recommendation was to re- establish the City Council Ad Hoc Committee on Eastview legislation to address community concerns on the proposed trailer legislation by Senator Betty Karnette. Mayor pro tem Byrd moved, seconded by Councilwoman Ferraro, to maintain the current ad hoc committee of Councilmember Lyon and Councilwoman Ferraro. Motion carried. City Council Minutes February 2, 1999 Page 7 Recess and Reconvene: At 8:20 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 8:42 P.M. PUBLIC HEARING: Code Amendment No. 42 — Antenna Structures (11203 x 1801) Mayor Hollingsworth opened the public hearing on this request for the Council to consider proposed amendments to Section 17.76.020 (Antennas, satellite dishes, ham radio antennas and ham radio antenna permit) and Chapter 17.96 (Definitions) of the City's Municipal Code. Assistant City Manager Petru announced that notice had been duly published and that all protest letters had been included in the agenda packet and more had been submitted to the Council just prior to the meeting. Director Rojas presented the staff report of February 2, 1999 and the recommendation to (1) Review the Planning Commission's recommendations for amending the City's definitions and permit review procedures for commercial, ham radio, FM and TV, and satellite dish antennas, (2) provide Staff with direction regarding any additional language amendments; and, (3) continue the public hearing to February 16, 1999. Frank Lyon, representing the Planning Commission Antenna Subcommittee, described the subcommittee's draft ordinance, unanimously approved by the Planning Commission, and said that he was resent to give the Council perspective and to p g p p answer question's. He thanked Gil Alberio, Don Vannorsdall, and John McTaggart, who also served on the committee; the radio club; and, concerned citizens, all of whom provided input to reach a compromise ordinance to balance the rights and interests of everyone. He explained that the new ordinance identified some antennas which do not need city a pp royal because they are so unobtrusive and provided criteria to determine if director or planning commission approval was needed. He discussed neighbors' working together regarding interference with television and stated that flyers distributed have misled citizens who have not read the ordinance. Ski p Hanson, 32,50 Martingale Drive, stated that he had received no complaints in his many years of antenna use. He said that common sense dictated that if a TV antenna is protected by federal law and an amateur radio antenna looks like a TV antenna, there should be no problem with aesthetics. He supported draft No. 2 of the ordinance, shifting his support from the minor rewriting of the original ordinance because it required approval of all amateur radio antennas. Duncan Cummins, 3064 Martingale Drive, described his experience as a ham operator and his interest in amateur TV and said that he believed that view and property value issues should be considered as well. He believed the City Council was the proper body to evaluate the ordinance and he supported draft No. 1. (A handout distributed to the Council from; Mr. Cumming is on file with the City Clerk's office) City Council Minutes February 2, 1999 Page 8 Karyl Newton, 46 Oceanaire, stated that the recommended draft was much more permissive than the original ordinance and she favored more restrictions. She was P pleased that property values had been discussed at the subcommittee meetings; suggested that a chart be included in the ordinance summarizing categories, heights and a roval levels; and, that code enforcement be taken seriously once a new . pp ordinance is adopted. She supported the subcommittees draft ordinance, believing that the process was tedious but fair. Rein Kuhr, 39 Oceanaire Drive, described antennas in his neighborhood, citing one home in which an antenna had been removed and another at which the antenna was partially blocked from his view by a tree. He did not believe property values were affected by either instance and felt that neighbors should be tolerant of each other. Harold Hermann, 8 La Vista Verde, said that the City Council had suspended his entitlement rights for over a year. He believed that the committee should have performed minor modifications to the existing ordinance in reference to second antennas only. He said that he was in favor of any ordinance the amateur radio club supported but he was concerned with excessive regulations, cost, and the number of city staff members required to process an antenna application. Dean Garth, 28619 Golden Meadow Drive, urged the Council to maintain the current antenna ordinance because he Said that, although everyone was concerned with maintaining iews and property values, he believed that the antennas were not a threat g p p Y to aesthetics. Jack Carter, 28911 S. Golden Meadow Drive, president of the Palos Verdes Amateur Radio Club outlined the 9 oals of the Radio Club when it was invited to participate in the ordinance amendment process, such as differentiation of rooftop antennas, which were usually not as objectionable to neighbors, from tower supported antennas. Other goals were to differentiate masts from towers; to protect previous installations which g were legal; to provide equity between TV and amateur radio; and, to exempt small rooftop antennas. He stated that all radio club members who participated in the subcommittee meetings supported Draft No. 2 because it best meets their goals. Dale Hanks 5225 Middlecrest Road, distributed a handout to the Council reviewing events regarding this item since April 1998. He believed that, although the Radio Club 9 9 had been invited to attend the subcommittee meeting, they had not been allowed to participate Y artici ate full but that there had been improvement once Councilman McTaggart joined the committee. He said the subcommittee's progress had been slow with dozens of drafts to review and that he supported draft No. 2. (A copy of Mr. Hanks written statement is on file in the City Clerk's Office) John Freeman, 6850 Faircove Drive, representing the Radio Club, supported draft No. 2, stating that it would be the easiest to implement, was the most fair, and would provide clear information for both the City and the applicant. City Council Minutes February 2, 1999 Page 9 Herb Clarkson, 6424 Seabryn, representing the Radio Club, said that he served on the antenna ordinance committee and supported draft No. 2. He said that this draft ordinance is concise and treats citizens equally and he believed that the Planning Director and City Attorney, who wrote this draft, knew best about providing an ordinance which would be simplest to implement and the most legal. (A written copy of Mr. Clarkson's comments is on file in the City Clerk's office) Demetrius Hatzeson, 6542 Ocean Crest Drive, C204, said that he was not an amateur radio operator but he supported the Radio Club position. Dodie Clarkson, 64224 Seabryn Drive, commended staff on meeting their deadline and supported draft No. 2 because it is straightforward and the most user friendly for the public. Ian MacDonald, 47 Oceanaire Drive, supported draft No. 3, objecting to allowing two 41' antennas with no approval, stating that the original ordinance required approval for any antennas over 30'. Art Goddard, 2901 Palau Place, Costa Mesa, 92626, elected representative of amateur radio operators in Southern California from the American Radio Relay League (the national organization for amateur radio operators), said that he attended this hearing at the request of the Radio Club because he had worked with 30 cities in passing antenna ordinances. He believed a broader perspective should be taken rather than a "nuts and bolts" approach. He discussed the value of amateur radio during emergencies and provided newspaper clippings from the month of November 1998 regarding the use of amateur radio during disasters. He said that the proposed drafts were more restrictive than others he had seen and that he preferred draft No. 2. In response to Council inquiry, Mr. Goddard said that generally there would be one to five repeaters with different frequencies on a residential antenna and that his organization publishes a directory of repeaters and frequencies, which is public information. He added that, by law, these repeaters were for amateur use only. Tom Vegors, P. 0. Box 2181, Palos Verdes Peninsula, CA 90274, found draft No. 2 to be the least objectionable, citing difficulties in the subcommittee version regarding clarification of methods of measuring antennas and required levels of approval. Mark Abrams, 44 Oceanaire, agreed with most of the comments made by the amateur radio community; believed that draft No. 2 was the most reasonable one proposed; but said that he would rather maintain the original ordinance. He described research he had done, contacting the County assessor's office, and real estate brokers and appraisers, which indicated that property values were not affected by antennas. Martin Hochman, 2131 W. 37th Street, San Pedro, CA, 90732, said that he was a retired City Council Minutes February 2, 1999 Page 10 federal lawyer and ham radio operator and that he supported draft No. 2 because it was the most fair for the amateur radio operators and the community. He stated that amateur radio served a useful purpose in emergency situations but also provided an enjoyable hobby for many people. Emmett Ingram, 28006 Beechgate Drive, noted uses of ham radio other than emergency situations, such as directing the Rose Parade, etc., and praised the hobby as being a way of life for people and a particularly good activity for children. He believed that the cellular phone tower at City Hall meant that the City could not complain about the appearance of antennas. Gregory Sue, 1827 Redondela Drive, said that he supported draft No. 2. Banister Bray, 52 Shady Vista, Rolling Hills Estates, past president of the Palos Verdes Radio Club, said that he had had a lot of different antennas around the world. He believed that there were a relatively small number of amateur radio operators in the City and that any blight was minor. He mentioned that he had four antennas at the present time; that he had painted them to mitigate any visual impact; and, that when any of his neighbors experiences from his antennas, he was able to correct the problem after they mentioned it to him. He believed that property values were not affected by antennas since two of his neighbors had just sold their homes for a high price. He agreed that antenna owners did not receive compensation, said that antennas don't affect views that much; and, told a story about his saving lives of people on a ship in Anarctica. He said that the City of Rolling Hills Estates does not have an ordinance but does require that antennas be installed safely. Council discussion centered on the fact that some amateur operators use small satellite dishes (usually under one meter) and whether they were an eyesore. City Attorney Lynch said that federal law prohibits cities from regulating dishes that small. Mayor Hollingsworth closed the public hearing. Further Council discussion focused on agreement with most of the speakers that draft No. 2 seemed to be the most simple to administer and the most complete and whether repeaters could be registered with the City and whether the number of repeaters per lot or house could be limited. Council consensus was that registering with the City at no cost to the resident was acceptable but limiting the number of repeaters would be invasive. Councilmember Lyon moved, seconded by Councilwoman Ferraro, to accept draft No. 2 of the proposed draft ordinances. City Council Minutes February 2, 1999 Page 11 City Attorney Lynch suggested that the ordinance be modified to add Council suggestions and correct typographical errors and then brought back to the next Council meeting. The motion carried without objection Mayor Hollingsworth re- opened the public hearing and continued it to February 16, 1999. ORAL CITY COUNCIL REPORTS: Councilman McTaggart reported on the FAA Task Force meeting he and Councilwoman Ferraro attended on January 29, 1999, and commented specifically regarding turboprops flying offshore. Councilwoman Ferraro added her comments, stating that it was difficult to obtain information and that there appeared to be a conflict between LAX and the FAA. Councilman McTaggart said that at a recent South Bay Cities COG meeting, there was also a difficulty receiving answers to questions from a representative from the airport, which is now called LWA (Los Angeles World Airport). PUBLIC COMMENTS: Lois Larue, 3136 Barkentine, spoke to a number of items about an editorial in PV News about corruption in public government; and, the City's tuition reimbursement program. ADJOURNMENT: The meeting was adjourned at 10:35 P.M. to the City Council /Planning Commission Joint Workshop on the Long Point Project on the motion of Mayor Hollingsworth. lit, ATTEST: CITY CLERK 0299CCMIN City Council Minutes February 2, 1999 Page 12