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CC MINS 19990302MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING March 2, 1999 The meeting was called to order at 7:00 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; Accounting Supervisor Matt Burton; City Clerk/Administrative Services Director Jo Purcell; Senior Planner Greg Pfost; Project Coordinator Trayci Nelson; and, Recording Secretary Jackie Drasco. CEREMONIAL EVENT:(304 x 1101) Ken Reitman and Janna Beck, docents from the Pt. Vicente Interpretative Center, described specific events at the upcoming Whale of a Day celebration on March 6 and p presented the Council and the City Manager with commemorative tee shirts and buttons. RECYCLING: (1204 x 1301) Recycle winner for the month of February was John Rosko who will receive one year of free refuse service. A name was drawn for March. APPROVAL OF AGENDA: Councilman McTaggart moved, seconded by Mayor pro tem Byrd, to approve the agenda with the amendment to discuss the Professional Services Agreement for Financial Analysis of the Long Point Golf Course Proposal immediately after the Consent Calendar. Motion carried. City Council Minutes March 2, 1999 Page 1 APPROVAL OF CONSENT CALENDAR: Lois Larue 3136 Barkentine Road, expressed appreciation to City Manager Evans for calling er to answer a questions she had from a previous meeting; commented on g o Cox's lease with the City and on the no- interest loan granted to the Portuguese Bend Club. Councilwoman Ferraro moved, seconded by Mayor pro tem Byrd, 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 p 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 February 2, 1999. Cox Cable - Extension of Lease (605 x 1101) Authorized the extension of the lease agreement with Cox Communications for the use of the former cable studio building at City Hall until March 15, 2000, subject to amendments to the lease agreement to maintain appearance of the storage yard. Notice of Completion - Ladera Linda and Eastview Park ADA Improvements (1201 x 1204) 1) Accepted the work as complete. 2) Authorized the City Clerk to record a Notice of Completion with the County Recorder; and if no claims are filed 35 days after recordation, and upon the contractor posting an acceptable warranty bond, notify the surety company to exonerate the Payment and Performance Bonds. 3) Authorized the Finance Director to release the 10% retention payment 35 days after recordation of the Notice of Completion by the County Recorder contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond. Metropolitan Waste Disposal — Commercial Refuse Collection & Disposal Services Agreement (1204 x 1301) Authorized the Mayor and the City Clerk to execute a Nonexclusive Franchise City Council Minutes March 2, 1999 Page 2 Agreement for Commercial Refuse Collection and Disposal Services with Metropolitan Waste Disposal to be effective through December 31, 1999. January 1999 Treasurer's Report (602) Received and filed the January 1999 Treasurer's Report for the City of Rancho Palos Verdes and its component units (i.e., Redevelopment Agency and Improvement Authority). Resol, No. 99 -15 - Register of Demands (602) ADOPTED RESOL. N0. 99 -151 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. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: Ferraro, Lyon, McTaggart, Byrd, and Mayor Hollingsworth NOES: None Long Point - Professional Services Agreement for Financial Analysis (11101 x 1804) City Manager Evans presented the staff report of March 2, 1999 and the recommendation to approve Agreement with Keyser Marston Associates, Inc. for PP an g financial analysis and negotiation assistance related to the Long Point Associates proposal to build a golf course on lands owned by the City. Council discussed the importance of the property owner providing information (and the method of calculating) for transient occupancy tax; the cost of each round of golf; the estimated number of rounds; golf tax; and, sales tax expected from restaurants or shops. Staff clarified that the confidentiality in the staff report referred to the property owner's financial statement and the details of tenant leases for restaurants and shops only. Further Council discussed focused on the need for estimated figures to determine if the project was viable for the city before an in -depth financial analysis was prepared; and, that it was important to clarify the land use issues and to keep the public informed at all times. City Council Minutes March 2, 1999 Page 3 Lois Larue, 3136 Barkentine, stressed that all discussions regarding developments should be held in open meetings. Council consensus was to review this information at an upcoming regular Council meeting after the ad hoc subcommittee had completed their discussions. Mayor pro tem Byrd moved, seconded by Councilwoman Ferraro, to table the item. Motion carried. PUBLIC HEARING: Ordinance No. 345 — Antenna Structures (1203 x 1801) Mayor Hollingsworth opened the public hearing for this request to review the proposed amendments to Section 17.76.020 (Antennas) and Chapter 17.96 (Definitions) of the City's Municipal Code. City Clerk. Purcell announced that notice had been duly published and the City received no protest letters. Director Rojas presented the staff report of March 2, 1999 and the recommendation to approve the proposed amendments to the City's antenna ordinance and introduce the proposed Ordinance adopting Amendments To Section 17.76.020 (Antennas) and Chapter 17.96 (Definitions) of Title 17 of the City's Municipal Code. The Council discussed the minor "cleanup" changes in the supplemental memo presented by staff. Dodie Clarkson, 6424 Seabryn Drive, said that she withdrew her endorsement of the ordinance after reading the most recent draft. She questioned why FCC regulations were included in a document addressing the application of permits for antennas; suggested different language regarding the effect of an antenna on a neighborhood; and, said that the term antenna repeater was incorrect because they were two separate items. Herb Clarkson, 6424 Seabryn Drive, agreed with his wife's comments and suggested two changes: that the term "used" in reference to commercial transmission should be changed to indicate that it could be "received" but not sent; and, that the description of the effect of antennas on neighborhoods should be changed to "have minimal effects on the character of the neighborhood." He felt these changes would balance the rights antenna owners and their neighbors. John Freeman, 6850 Faircove Drive, believed that the proposed changes provided City Council Minutes March 2, 1999 Page 4 checks and balances to protect the rights of the applicant, neighbors, and the City. Dale Hanks, 5225 Middlecrest, agreed with all comments made by previous speakers and added that it was not a good idea to include only a portion of the FCC Regulation 97, that the whole rule should be included. Martin Hochman, 2131 W. 37th Street, San Pedro, supported comments from previous speakers, and said that FCC requirements pre - empted local government regulations. He suggested that examples be given of what was included in FCC Regulation 97. Mark Abrams, 44 Oceanaire Drive, said that he supported the comments made by ham radio operators but believed that the ordinance was more restrictive than what FCC PRB 1 required. Karyl Newton, 46 Oceanaire Drive, agreed with comments made regarding the balance of rights and the effect on neighborhoods. She questioned the need for a second non- exempt antenna. Council consensus was that the proposed changes were acceptable. Councilmember Lyon moved, seconded by Mayor pro tem Byrd to INTRODUCE ORDINANCE NO. 345 OF THE CITY OF RANCHO PALOS VERDES ADOPTING AMENDMENTS TO SECTION 17.76.020 (ANTENNAS) AND CHAPTER 17.96 (DEFINITIONS) OF TITLE 17 OF THE CITY'S MUNICIPAL CODE as amended. The motion carried on the following roll call vote: AYES: Ferraro, Lyon, McTaggart, Byrd, and Mayor Hollingsworth NOES: None Director Rojas clarified that the moratorium will expire when the ordinance goes into effect on April 16, 1999. Recess and Reconvene: At 8:10 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 8:25 P.M. View Preservation Permit No. 1 - Second Appeal (1203 x 1806) Mayor Hollingsworth opened the public hearing for this request to hear a second appeal to View Preservation Permit No. 1, Applicant: Mr. Ken Dyda, 5715 Capeswood Drive. Foliage Owner: Mr. Padam Singh, 5714 Wildbriar Drive. City Clerk Purcell announced that notice had been duly published and no protest letters were received. City Council Minutes March 2, 1999 Page 5 Project Coordinator Nelson presented the staff report of March 2, 1999 and the recommendation to adopt the proposed resolution, affirming the decision of the View Restoration Commission, and approving View Restoration Request No. 1 upon finding that all applicable findings have been correctly made and all provisions of Section 17.02.040 (c) (2) have been complied with. View Restoration Commission Chair Marianne Kipper, described the complexity of making these view preservation decisions, explaining that each case was different because there might be multiple foliage owners and applicants and multi- component views. She explained that the Commission decided that their original decision was correct because even though it was not as simple to trim the foliage to two different heights, it was fair to both parties. Ken Dyda, 5715 Capeswood Drive, said that his recollection was that the Council remanded the item to the View Restoration Commission to determine a solution to trim the trees to the same height, both for view preservation and view restoration purposes, not to review the original process. He presented a written compromise to help resolve the issue and asked the Council to make the final determination based on their direction to the View Restoration Commission. (Mr. Dyda's written statement is on file with the City Clerk's Office.) Capt. Padam Singh, 5714 Wildbriar Drive, believed that Mr. Dyda had an unobstructed view and that trimming the trees even more would decrease his privacy. The Council discussed Mr. Dyda's suggested compromise and City Attorney Lynch said if both parties wanted to stipulate to any of these provisions, these points could be incorporated into the resolution; however, she cautioned that the second paragraph of Mr. Dyda's suggestion applied to VRC guidelines in general, which would require a separate, noticed hearing. When it was clarified that Capt. Singh had not seen Mr. Dyda's compromise, the Council asked Capt. Singh to comment and he said that he was had already offered to trim twice a year and that much of the foliage was already at deck level. Mayor pro tem Byrd moved, seconded by Councilmember Lyon, to deny the appeal. Council consensus was that Mr. Dyda and Capt. Singh should meet at this time with Ms. Nelson to see if an agreement could be reached and to report back later in the meeting. City Council Minutes March 2, 1999 Page 6 REGULAR BUSINESS: Mr. Dan Bowling — Request for Code Enforcement at 2611 Colt Road (1203 x 1701) Director Rojas presented the staff report of March 2, 1999 and the recommendation to receive testimony from Mr. Bowling and either give staff additional direction or order the information to be received and filed. Dan Bowling, 2625 Colt Road, described in detail an 11 -year situation in which his neighbor allegedly dumped soil and debris on his property. He explained the City's involvement and the difficulty in resolving the problem. He mentioned a recent Council closed session on the subject and a new engineering report not available at that time that he felt would provide information to enable bringing this matter to a close. After Council discussion, Councilman McTaggart moved, seconded by Councilmember Lyon, to forward the issue to a court of law, using the engineering report as evidence. The motion carried on the following roll call vote: AYES: Ferraro, Lyon, McTaggart, Byrd, and Mayor Hollingsworth NOES: None View Preservation Permit No. 1 - Second Appeal (1203 x 1806) Project coordinator Nelson reported that Mr. Dyda and Capt. Singh had not reached an agreement. The motion on the floor to deny the appeal failed on the following roll call vote: AYES: Lyon and Byrd NOES: Ferraro, McTaggart, and Mayor Hollingsworth Councilman McTaggart moved, seconded by Councilwoman Ferraro, to uphold the appeal and to incorporate only the first paragraph of Mr. Dyda's suggested compromise. The motion carried on the following roll call vote: AYES: Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: Byrd City Council Minutes March 2, 1999 Page 7 City Attorney Lynch said that the resolution would be brought to the next Council meeting. Re -Use of Surplus Military Property (305 x 1101) Staff's recommendation was to review the recommendation of the City of Los Angeles Planning p tannin Department for the re -use of the San Pedro Military Housing and determine what the City's position should be on the matter. Don Shults 2129 Velez Drive, asked the City to show continued support of the 6 units favored b L A City recommendation of 5 Y L. A. Y Councilman Rudy Svoronich by attending the upcoming meeting at Peck Park. After a brief discussion Council consensus was to wait until after the meeting to hear from Councilman Svoronich , who had suggested that he would contact the City if he needed further support. ORAL CITY COUNCIL REPORTS: Councilman McTaggart corrected erroneous newspaper and television reports which indicated that Africanized honeybees (killer bees) were found in the City. He said that the Vector Control District told him they were found in Rolling Hills Estates and Palos Verdes Estates. He also commented on the report from the Air Quality Management's report stating that LAX expansion would have a negative impact on air quality. Additionally he reported on school district meeting where the matter of some of the district's trees and their impact on a resident's view was discussed. Mayor Hollingsworth discussed his participation in the "Read Across America Day," and May g p his attendance at several recent homeowner meetings where he clarified City Council policies in regard to contacts with developers. AUDIENCE COMMENTS: Lois Larue , 3136 Barkentine, was pleased that copies of the supplemental memo regard in g the antenna item had been made available to the audience, and said that the reduction of sealife along the Palos Verdes Peninsula was not caused by the Abalone Cove area being Opened to the public. ADJOURNMENT: City Council Minutes March 2, 1999 Page 8 The meeting was adjourned at 10:00 P.M. on the motion of Mayor Hollingsworth. M4ffOR ATTEST: I PC CITY CLERK 1999MIN- 030299CCMINS City Council Minutes March 2, 1999 Page 9