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CC MINS 19990216MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING February 16, 1999 The meeting was called to order at 7:05 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; Senior Administrative Analyst Park; and, Recording Secretary Jackie Drasco. APPROVAL OF AGENDA: Mayor pro tem Byrd moved, seconded by Councilwoman Ferraro, to approve the agenda except to remove the Seacliff Hills Vacation item from the Consent Calendar to discuss before the first Public Hearing. Motion carried. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine Road, spoke to the slurry seal item; the street vacation; a Los Angeles Times article regarding the consequences of construction performed without permits; and, the decreased City telephone costs. Mayor pro tem Byrd moved , seconded by Councilmember Lyon, 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 19, 1999. Notice of Completion for the FY 97 -98 Slurry Seal Project (1204 X 1404) (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 within 35 days after recordation, and upon the contractor posting an acceptable warranty bond, notify the surety company to exonerate the Payment and Performance bonds. (3) Authorized the Finance Director to release the 10% retention payment to Valley Slurry Seal Co., 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. Award Signal Maintenance Services (1204 X 1503) (1) Authorized staff to terminate a contract with Superior Signal Maintenance Services for FY 1998 -99 signal maintenance services. (2) Awarded a contract to Peek Signal Maintenance for a not to exceed amount of $16,000 for signal maintenance services for the remainder of FY 1998 -99. (3) Authorized the Mayor and City Clerk to execute an agreement with Peek Signal Maintenance. Memorandum of Understanding for MAX Capital Reserve (1204 X 1505) Authorized the Mayor and the City Clerk to execute the proposed Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (MTA) authorizing creation of a Proposition A/C Local Return capital reserve account for replacement of the Municipal Area Express (MAX) Buses. Resol. No. 99 -12 - Register of Demands (602) ADOPTED RESOL. NO. 99 -121 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: Ferraro, Lyon, McTaggart, Byrd, and Mayor Hollingsworth NOES: None City Council Minutes February 16, 1999 Page 2 Seacliff Hills Street Vacation (1204 X 1408) The staff recommendation on this matter was to authorize staff to resume the vacation process for Seacliff Drive, Palo Vista Drive and Aqua Vista Drive. Council discussion focused on the lengthy process for vacating streets inasmuch as it involves the Planning Commission, Traffic Committee and the City Council. During discussion, it was clarified that a request to apply must first be approved and then the actual vacation also has to be approved. It was the consensus that this item be continued to March 16, 1999. PUBLIC HEARING: Revision "H" - Ocean Trails Project (1203 X 1411) Mayor Hollingsworth opened the public hearing regarding this request to amend Conditional Use Permit No. 162 (Ocean Trails L.P.). Assistant City Manager Petru announced that notice had been duly published and no protest letters were received. Senior Planner Pfost presented the staff report of February 16, 1999, and the recommendation to adopt the proposed resolution approving Conditional Use Permit No. 162 — Revision "H ", thereby permitting the building pads for 6 lots of VTTM No. 50667 to be lowered and changed to split -level pads, and the lowering of 6 other lots and street "B" of VTTM No. 50667. If the Council desired to add additional conditions, then Staff recommended that the matter be continued to the next Council meeting to allow the developer time to analyze the potential conditions. Ken Zuckerman, 1 Ocean Trails Drive, representing Ocean Trails, said that he had no objections to the proposed changes. He explained that he had met with nearby residents regarding view impact by the two -story homes on the west side of the property. He added that he was seeking Council direction in changing the grading to possibly create more split -level homes with lower ridge heights. Council discussion centered on the dilemma of the urgency of moving ahead with Phase One of the homes when Phase Two was not sufficiently planned to include in the CUP amendment; therefore, an additional hearing would be required for Phase finro. City Attorney Lynch explained the difficulty of keeping the CUP open but providing approval for Phase One and said that conditional approval was possible but not advisable. City Council Minutes February 16, 1999 Page 3 Further discussion focused on another design review for Phase Two as a possible solution and it was clarified that view analysis would be necessary if changes were considered. Other topics discussed were an acceptable height of foliage around the proposed homes and lot coverage. City Attorney Lynch suggested that she and Director Rojas confer to find a solution to comply with the Council's direction and still approve the developer's request, and report later in the meeting. Lois Larue, 3136 Barkentine Road, said that she opposed golf courses because of the pesticides required for maintenance; was concerned about lack of information in the staff report regarding the drainage of these chemicals; and, inquired if there had been geology reports performed. This item was recessed to allow the City Attorney and Planning Director to confer. Code Amendment No. 42 — Antenna Structures (1203 X 1801) Mayor Hollingsworth opened the public hearing regarding this request to consider Proposed amendments to Section 17.76.020 (Antennas, satellite dishes, 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 public written communications had been included in the agenda packet. Director Rojas presented the staff report of February 16, 1999, and the recommendation to approve the proposed amendments to the City's antenna ordinance and introduce the proposed ordinance. Herb Clarkson, 6424 Seabryn Drive, read a letter from the Palos Verdes Amateur Radio club. (A copy of Mr. Clarkson's letter is on file in the City Clerk's Office) John Freeman, 6850 Faircove Drive, believed there would always be room for improvement. He felt the ordinance was fair but not favorable to everyone. Martin Hochman, 2131 W. 37th Street, San Pedro, 90732, supported the amateur radio portion of the proposed ordinance and believed the changes seemed appropriate. Karyl Newton, 46 Oceanaire Drive, said that she had provided to the City a statement from realtors substantiating that antennas decreased property values. She was concerned that some large antennas would be exempt under the new ordinance; that restrictions were increased for commercial applications; and, that parabolic dishes were City Council Minutes February 16, 1999 Page 4 not addressed. She recommended an increased setback from 5 feet to 15 feet and asked the Council to consider the view of the antenna itself, not merely a view it might block. Ian MacDonald, 47 Oceanaire Drive, supported the proposed code except for the section regarding antenna heights. He said that the setback should be at least one quarter of the antenna height and that antennas higher than 30' should require approval by the Planning Director and notification to the neighbors. He believed that support structures should be installed in compliance with earthquake codes and was opposed to the City allowing two towers. James Johnson, 5036 Rolling Meadows Road, Rolling Hills Estates, CA 90274, said that some people believed antennas were ugly and others did not, therefore, he did not think that aesthetics should be a factor. He felt that rights were being taken away and said that although he appreciated the amount of time that it took to develop the new ordinance, he did not believe it would solve problems of disputes between neighbors. Mark Abrams, 44 Oceanaire Drive, said that some sections of the ordinance regarding amateur radio operators were fair and some were not; however, he felt that the commercial section had very unfair restrictions. He stated that community reliance on radio communication was increasing; the proposed ordinance made it more difficult to provide this service; and, that there was not complete coverage on the Peninsula for wireless phones. Council discussion centered on the following: the 41' antenna which did not require approval because it was a very slim vertical pole with some lower radiating elements close to the roof; the addition of language regarding parabolic dishes; a change to indicate that commercial signals could be received but not transmitted; the appropriate setback from the side property line; the requirement of a ham radio antenna permit for a second tower; and, the restriction of no more than two exempt antennas without director approval. It was clarified that one tower would require only a Site Plan Review and that a CUP would not be required if there was one exempt and one non - exempt antenna. Regarding the need for two antennas, John Freeman explained that having two different vertical antennas provides different frequencies, that the intent of the ordinance was to allow two different types of antennas not two of the same; and, that it was common for an entry level radio operator to have a combination of antennas. He said that the 41' antenna described is very slender and that antennas which are exempt are exempt only from requiring a permit, but could still be denied if they were in a neighbor's view. Council discussion clarified that antennas had to comply with the Uniform Building Code City Council Minutes February 16, 1999 Page 5 and would be inspected for earthquake safety. Joe Locascio, 29703 Whitley Collins Drive, explained that amateur radio antennas, as opposed to commercial installations, often require multiple antennas because they provide a wide range of frequencies. He added that AM /FM radio and television focused on doing one thing whereas amateur radio operators required a broader range of options sanctioned by the FCC for experimentation, public service, and emergency and personal communication. Councilmember Lyon moved, seconded by Councilman McTaggart, to approve the ordinance with the amendments suggested. It was the consensus that the ordinance, as amended, be introduced at the next Council meeting. Mayor Hollingsworth closed the public hearing. Recess and Reconvene: At 8:35 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 8 :50 P.M. REGULAR BUSINESS: Resolution Calling for a Regional Airport Plan for Southern California (305 X 1101) Senior Administrative Analyst Park presented the staff report of February 16, 1999, and the recommendation to consider adoption of the proposed resolution calling for a regional airport plan for Southern California that constrains LAX to operate within the capacity of its existing facilities and develop the capacity of the many other commercial airports in Southern California to serve the expanding air commerce marketplace, or re- agendize item for the March 16, 1999 Council meeting for consideration after a presentation on the LAX Expansion Plan. Council discussion focused on defining the source of funding for building a regional airport and the value of hearing a presentation in favor of expanding LAX in lieu of a regional airport. Mayor Hollingsworth moved, seconded by Councilmember Lyon, to delay a resolution in favor of a regional airport until the opposing arguments could be presented. David Kuntz, 28409 Quailhill Drive, speaking for PANIC, a group of peninsula residents concerned about excessive airplane noise, provided a chart showing the routes of City Council Minutes February 16, 1999 Page 6 turboprop airplanes crossing the Peninsula in a 24 -hour period. He felt that expanding LAX would create more traffic on the adjacent freeways, increase airplane noise, and benefit only wealthy landowners with property near LAX. Lois Larue, 3136 Barkentine Road, said that LAX was already operating over its capacity. The motion carried (3 -2) with Councilmembers McTaggart and Ferraro dissenting. Council Ad -Hoc Subcommittee Recommendation for SB 1681 Trailer Legislation for Eastview Area Students (I 101 X 1401) Senior Administrative Analyst Park presented the staff report of February 16, 1999, and the recommendation to endorse the Council ad -hoc subcommittee recommendation and send a five- signature letter addressed to State Senator Betty Karnette providing input for the SB 1681 trailer legislation. Councilwoman Ferraro moved, seconded by Councilmember Lyon to approve the staff recommendation. Motion carried. Resol. 99 -13 -OCEAN TRAILS (1203 X 1411) Director Rojas provided language to submit a revision to CUP No. 163 with additional conditions to improve views and maintain current lot coverage. Mayor pro tem Byrd moved, seconded by Councilmember Lyon to adopt Resolution 99- 13, as amended. Motion carried. Establishment of an Affordable Housing Impact Fee for Non - Residential Development (1203) Senior Planner Pfost presented the staff report of February 16, 1999, and the recommendation to review the three options in establishing an affordable housing impact fee for non - residential projects, select one option, and continue this item to a date certain to allow Staff to prepare the proper resolution. Council discussion focused on rental rates and the number of years the City would be required to administer this program; the method to be used; whether additional staff would be required; and the fact that a plan needed to be established before funds were received. City Council Minutes February 16, 1999 Page 7 Lois Larue, 3136 Barkentine Road, speculated that the consultant hired did not have enough information about the City to make appropriate recommendations and questioned that residents qualified as having low income. Further discussion centered on the choice for developers of actually building units vs. paying the in -lieu fee; the recommendation to review the program every five years; and, whether part -time employees of the developments counted as one employee for purposes of calculating the in -lieu fee which was based on the number of employees. Councilmember Lyon moved, seconded by Mayor pro tem Byrd, to approve Option No. 2B of the For -Rent Option, and have the resolution brought back to a future meeting. Motion carried. Modifications to the current view preservation notification process (1203 X 1806) The recommendation was to direct the View Restoration Commission to consider amendments to Section VIII (A) (2) (e) through (i) of the current View Restoration and Preservation Guidelines to modify the current view preservation notification process so that it is similar to the view restoration mediation process noted in Section IV (A) (1) and (2) of the Guidelines. After a short discussion, it was the Council's consensus to wait until the View Restoration sub - committee completes its work. Reuse of Surplus Military Property in the Harbor Area (306 X 1101) City Manager Evans presented the staff report of February 16, 1999, and the recommendation to hear a presentation from the Rolling Hills Riviera Homeowners Association on the Reuse Plan for Surplus Military Housing in San Pedro. Don Shults, 2129 Velez Drive, was concerned that the proposed 56 units would be more than San Pedro's fair share of housing for the homeless and believed that this land should be used for some homeless but also for commercial and educational uses. He urged the Council to contact the Los Angeles City Council to support this alternative. Council discussion focused on the legal requirements for providing homeless housing and the advantage of such housing being located close to bus service. James Hansen, 1692 Morse Drive, San Pedro, concerned with Rancho Palos Verdes' welfare, showed a map of the area and urged support of 300 units of transitional homes City Council Minutes February 16, 1999 Page 8 for the homeless. These homes would be administered by Volunteers of America whose goal is to restore families and to encourage well motivated people who need help and evict residents who are not attempting to better their situation. Further Council discussion included a comment that Volunteers of America was a well managed group (which began as part of the Salvation Army) that administered economically sound programs and sometimes received grants for their work. It was clarified that the City of Los Angeles would ultimately make the decision regarding this land but that Rancho Palos Verdes was being asked to support the placing of homeless people in these homes who are interested in improving their lifestyle. Most services would be administered onsite, however, other facilities would be needed for childcare, headstart programs, and sports activities for the children. Barbara Dye,7035 Hartcrest, said that she had served on the board of SPEC (San Pedro Enterprise Community), who were working with the Volunteers of America to provide a project would be acceptable to Rancho Palos Verdes residents. She added that the people helped by this group were often in bad situations through no fault of their own and merely needed a little assistance to function normally again. Dominic Accetta, 27604 Avenida Del Mesa, said that he believed this was a business transaction and believed that 300 homes available to the homeless would be a detriment to the neighborhood, a strain on public resources, and a factor to decrease property values. Lois Larue, 3136 Barkentine Road, supported Mr. Hanson's presentation. Gerald Nolls, 1946 Avenida Feliciano, a retired Los Angeles County firefighter, had worked as an inspector of homes for the elderly and he was concerned that the City of Los Angeles would not provide such inspections; that there would be too many people g p p allowed to live in the homes; and, that providing homes for recovering alcoholics and drug addicts would not be beneficial to Rancho Palos Verdes. April Sandell, 28026 Pontevedra, said that she had served on the SPEC committee and that she supported a plan which provided assistance to homeless families who wished to restore normalcy to their lives but was concerned about their having to live by a contract, a situation which might not foster progress. Further Council comments provided a consensus to send a letter to Councilman Svoronich supporting his plan for 56 homes. It was suggested that a City representative attend the hearing on March 3, at Peck Park, at which the City of Los Angeles would present details of the plan. City Council Minutes February 16, 1999 Page 9 James Hanson returned to the podium to encourage the Council to consider a higher number of homes and denied that there would be overcrowding and that drug dealers and unparented children would be living in the homes. Recess and Reconvene: At 10:40 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 10:47 P.M. Request to Relocate a Storm Drain Inlet at 28103 Montereina Drive (604 X 1204) Director Allison presented the staff report of February 16, 1999, and the recommendation to deny the request from Mr. Filipovich to relocate a storm drain inlet at 28103 Montereina Drive. Ljubo Filipovich, 28103 Montereina Drive, said that the change from metal to plastic car bumpers had created many instances of cars being damaged exiting his driveway. He said that he preferred widening the nine -foot curb cut to match his eighteen -foot wide driveway to placing flower pots along the driveway to guide exiting cars to the current curb cut. He indicated that he had received an estimate of $900 from a licensed contractor to make the correction. Council discussion clarified that the house was constructed prior to incorporation and that the driveway had been widened since the home was originally built. Director Allison explained that there was a storm drain inlet in the street onto which cars would drive if the curb cut were widened to match the driveway and said that the drain would have to be relocated to completely solve the problem. Don Shults, 2129 Velez Drive, explained the problem and suggested that one set of two grates in the storm drain be covered so that cars could drive over the covered portion. Council discussion focused on the City's lack of responsibility for the problem and concern for decreased drainage during heavy rain if part of the storm drain were covered and the simple, inexpensive solution of placing flower pots along the side of the driveway to steer cars safely out of the driveway. Mayor pro tem Byrd moved, seconded by Councilman McTaggart, to deny the request from Mr. Filipovich to relocate a storm drain inlet at 28103 Montereina Drive. Motion carried. Point Vicente Interpretive Center Expansion Project (1204 X 1201) City Council Minutes February 16, 1999 Page 10 Director Allison presented the staff report of February 16, 1999, and the recommendation to (1) approve the revised Point Vicente Interpretive Center Expansion Project which deletes the proposed parking lot. (2) Authorize the transfer of $207,000 of Capital Improvement Fund identified in the adopted FY 1998 -99 budget for citywide drainage improvements to the Point Vicente Interpretive Center Expansion Project. (3) Award a professional services contract to Harris and Associates for Construction Management Services for the Point Vicente Interpretive Center Expansion Project for a not to exceed amount of $120,000. (4) Authorize the Mayor and City Clerk to execute a Professional Services Agreement with Harris and Associates, Inc. Council discussion centered on the possibility of obtaining additional State or County funds; the feasibility of eliminating the expanded parking lot; removing the contingency; purchasing less expensive kitchen appliances; and requesting that bids be submitted with deletable items identified. Councilwoman Ferraro moved, seconded by Councilman McTaggart to approve the staff recommendation with the removal of the contingency. Lois Larue, 3136 Barkentine Road, said that there was concern about the lack of parking if some of the land became part of the proposed Long Point project. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None Fiscal Year 1998 -99 Midyear Financial Report (602) Director McLean presented the staff report of February 16, 1999, and stated that the recommendation was to (1) receive and file midyear financial report. (2) adopt the proposed resolution amending Resolution No. 98-47, the budget appropriation for FY 98 -99, to increase certain expenditure appropriations in the General Fund, Gas Tax (Street Maintenance) Fund, Lighting And Landscape (1972 Act) Fund And Capital Improvement Projects Fund. Lois Larue, 3136 Barkentine Road, said that she was pleased that the report contained City information only and nothing about the Redevelopment Agency. The Council discussed decreased sales tax received from Rolling Hills Estates and capital reserves over the next ten years. City Council Minutes February 16, 1999 Page 11 Councilman McTaggart moved, seconded by Mayor pro tem Byrd, to accept the staff recommendation. Motion carried. Closed Session Report City Attorney Lynch reported that on the first item, the Council unanimously directed her office to continue the item and on the second item, there was no action taken. ORAL CITY COUNCIL REPORTS: Councilman McTaggart reported on the airplane noise status and the PANIC group meeting he had attended with Councilwoman Ferraro and Senior Administrative Analyst Park. Councilman McTaggart also discussed the canopy at the remodeled car wash on Hawthorne, which was extremely high and unattractive, and wondered if the lights would be an annoyance to drivers passing by and nearby residents. Staff clarified that the lights would be reviewed after the re- opened car wash was in operation for 45 days. PUBLIC COMMENTS: Lois Larue, 3136 Barkentine, spoke to a variety of items: installation of signs on the highway through the landslide area indicating that traffic laws would be strictly enforced to discourage passing; the collapse of a road after contour grading; interested parties being notified of the results of hearings; and, asking city employees who take advantage of the tuition reimbursement program to stay with the City. Ljubo Filipovich, 28103 Montereina Drive, relative to his item heard earlier in the meeting, clarified that he was asking only for the curb opening to be wider for safety, not appearance, and compared the action to lowering curbs for use by handicapped persons at intersections which he believed were almost never used by the handicapped. He closed by stating that he believed the City had made a mistake and should pay to correct his problem. City Council Minutes February 16, 1999 Page 12 ADJOURNMENT: The meeting was adjourned at 11:40 P.M. on the motion of Mayor Hollingsworth. mAvbR ATTEST: CITY CLERK 0216CCMIN City Council Minutes February 16, 1999 Page 13