Loading...
CC MINS 19990316MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING March 16, 1999 The meeting was called to order at 7:07P.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; Director of Public Works Dean Allison; Director of Finance Dennis McLean; City Clerk/Administrative Services Director Jo Purcell; Senior Planner Greg Pfost; Senior Administrative Analyst Gina Park and, Recording Secretary Jackie Drasco. CEREMONIAL EVENT: (305 x 1101) Los Angeles World Airports Master Expansion Plan Lydia Kennard and Michael Digirolamo from Los Angeles World Airports (LAWA) gave a presentation on the expansion and modernization of LAX, discussed the overflight situation as it affects the Peninsula; and, answered questions. (A copy of their presentation is on file with the City Clerk's Office) Council discussion focused on the relationship between airport expansion and airplane noise over the Peninsula. Michael Digirolamo discussed the complaints, which started about 18 months before and the involvement of the FAA. He explained that commuter turboprop planes mostly caused the noise and there were no legal grounds for noise abatement because the FAA had not considered them to be noisy. Now, however, they realize that they are noisy and there will be programs to begin to solve the problem. He said that no new turboprop planes were being purchased because they were uneconomical for the airlines. He added, however, said that the Peninsula was a desirable area for training and sightseeing for small planes. He estimated that eventually the commuter turboprops would be three to five miles offshore. In response to Councilmember Lyon's request for the airport's commitment to help resolve the noise problem over the Peninsula, Mr. Digirolamo said that the airport was committed to mitigation of the noise problem and could put pressure on the FAA and the airlines to make changes. Lydia Kennard described the planning process for airport expansion that began in 1994 and the frustration in acquiring suitable land that did not threaten endangered species. She also assured the council that traffic mitigation was a major issue and that airport and federal funds were being used, so that funds needed for local transportation would not be depleted. Club Scouts Mayor Hollingsworth introduced Pack 370 Club Scout Pack from Walteria who were present to observe the City Council meeting as part of their Community Communication merit badge program. APPROVAL OF AGENDA: Mayor pro tem Byrd moved, seconded by Councilwoman Ferraro, to approve the agenda as presented. Motion carried. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine Road, spoke to the minutes of February 16 and the City Manager's performance and his good effect on City staff morale. Councilman McTaggart moved, seconded by Councilwoman Ferraro, 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 council members after the reading of the title. Minutes (301) Approved the minutes of February 16, 1999. Notice of Completion - FY 98 -99 Residential Street Overlay Project(1204 x 1404) 1. Accepted the work as complete; 2. Authorized the City Clerk to record a Notice of City Council Minutes March 16, 1999 Page 2 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; and 3. Authorized the Finance Director to release the 10% retention payment, to Excel Paving Company, Inc., 35 days after recordation of the Notice of Completion by 1 the County Recorder contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond Resol. 99 -16 - Register of Demands (602) ADOPTED RESOL. NO. 99 -161 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 carried on the following roll call vote: AYES: Ferraro, Lyon, McTaggart, Byrd, and Mayor Hollingsworth NOES: None PUBLIC HEARING: Establishment of Affordable Housing Impact Fee -Non - Residential Development (1203) Mayor Hollingsworth opened the public hearing for this request to establish an affordable Housing Impact act Fee for Non- Residential Development. City Clerk Purcell announced that notice had been duly published and the City received no protest letters. Senior Planner Pfost presented the staff report of March 16, 1999 and the recommendation to adopt the proposed resolution, approving an affordable housing impact fee for non- residential projects. Mike Mohler, 11777 San Vicente Blvd., Suite 900, Los Angeles, CA 90049, Vice President of Destination Development Corporation, urged the Council to postpone adoption of the resolution to further review refinements to the fee structure and the definition of employees and low income because he was concerned that the proposed arrangement would discourage residential development. (A copy of Mr. Mohler's statement is on file in the City Clerk's Office) City Council Minutes March 16, 1999 Page 3 Council discussion focused on the mandate from the State to provide affordable housing or a fee from developers to provide ajob /housing balance and the fact that there was not enough information available at this time to make a decision. Mayor pro tern Byrd moved, seconded by Councilmember Lyon, to continue the item to Y April 6. Motion carried. Recess and Reconvene: At 8:26 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 8:38 P.M. REGULAR BUSINESS: ORDINANCE PIO.345 — ANTENNA STRUCTURES (1203 x 1801) The recommendation was to ADOPT ORDINANCE NO. 345. OF THE CITY OF RANCHO PALS VERDES ADOPTING AMENDMENTS TO SECTION 17.76.020 (ANTENNAS) AND CHAPTER 17.96 (DEFINITIONS) OF TITLE 17 OF THE CITY'S MUNICIPAL CODE Herb Clarkson, 6424 Seabryn Drive, representing the Palos Verdes Amateur Radio Club, read a short statement endorsing the ordinance as it applies to amateur radio only. (A copy of Mr. Clarkson's statement is on file in the City Clerk's Office) Mayor pro tern Byrd moved, seconded by Councilwoman Ferraro, to adopt Ordinance No. 345. The motion carried on the following roll call vote: AYES: Ferraro, Lyon, McTaggart, Byrd, and Mayor Hollingsworth NOES: None Abalone Cove Beach Improvement - Moratorium & Geology Issues (1204 x 2000) Director Allison presented the staff report of March 16, 1999 and the recommendation to 1. Deem the geological analysis provided by the City /Agency geologist as sufficient justification that the proposed project does not aggravate the Landslide as required by p p p 1 a Moratorium Exception Permit. 2. Adopt, by minute order, Moratorium Exception Permit #27 thereby g allowin the Abalone cove Beach Improvement Project to proceed with applications to construct the various components of the project. 3. Direct staff to include in the environmental documentation an analysis of redistribution of 3,300 cubic s of earth from an area north of the proposed parking lot, which acts as a driving yard p p p City Council Minutes March 16, 1999 Page 4 force and place it in an area south of the parking lot, which acts as a resisting force. Lois Larue, 3136 Barkentine Road, stated her opposition to the development and said that she expressed her concerns in a recent letter to the City. Council discussion focused on the installation and maintenance costs of both a gravel or aved road, taking into consideration that GPS indicates that the land is moving p 9 slightly; widening and decreasing the slope of the road; and, whether cutting down a hump or filling it would best increase land stability. Councilman McTaggart moved, seconded by Councilmember Lyon, to approve the staff recommendation but to bring the plan back with and without the 3,300 cubic yards of earth movement. The motion carried on the following roll call vote: AYES: Byrd, Lyon, and McTaggart NOES: Ferraro and Mayor Hollingsworth Resol. No. 99 -17 -View Preservation Permit No. 1 (1203 x 1806) Director Rojas presented the staff report of March 16, 1999 and the recommendation to adopt the proposed resolution, to trim foliage not subject to View Restoration Permit No. 17 to restore the view from 5715 Capeswood Drive. Ken Dyda, 5715 Capeswood Drive, distributed written clarification to his compromise presented at the last Council meeting on March 2, which he believed would reduce problems when foliage grew into his view in the future. Council discussion centered on the fact that the foliage owner had not seen Mr. Dyda's suggestions, that the public hearing had been closed, and that further discussion would gg p 9 require a new public hearing. Mr. Dyda indicated that he would prefer no further delay and would withdraw his suggested clarification. Councilwoman Ferraro moved, seconded by Councilman McTaggart, to approve staff recommendation. Motion carried. Eastview School Legislation (I 101 x 1401) City Council Minutes March 16, 1999 Page 5 Senior Administrative Analyst Park presented the staff report of March 16, 1999 and the recommendation to endorse the proposed trailer legislation, SB 544, which will clarify the intent of SB 1681 by providing Eastview residents with an opportunity to transfer at any grade level during the K-8 1h grade and another opportunity during the 9 -12th grade. Council discussion focused on the details of the procedure whereby Eastview students might attend Peninsula schools and agreed that, although the plan still included restrictions, the trailer legislation did provide more flexibility and it was hoped that in the future all restrictions would be lifted. Mayor pro tern Byrd moved, seconded by Councilmember Lyon, to approve staff recommendation. Motion carried, Regional Airport (305 x 1107 Senior Administrative Analyst Park presented the staff report of March 16, 1999 and the recommendation to consider authorizing the Mayor to sign a letter of support addressed to the Mayor of El Segundo acknowledging the need for a Regional Airport Plan for Southern California to serve growing air travel demands by increasing the capacity of commercial airports other than Los Angeles World Airport. Council discussion focused on the support letter proposed by staff which was softer in tone than the language suggested by the Mayor of El Segundo; SCAG's opposition to the proposed expansion of LAX; and, the new interest by the Air Quality Management Board; David Kuntz, 28409 Quailhill, representing PANIC, was pleased that the representatives of the airport were willing to listen to noise concerns, did not feel recent changes by the FAA had made significant improvements; and, believed LAX expansion would increase noise. He distributed charts showing flights over the peninsula and said there were two simultaneous causes of increased flights over the peninsula had increased: the FAA had changed Class B airspace to allow heavier planes, and the airlines were using smaller, noisier turboprop planes. (A copy of Mr. Kuntz' statement/handout is on file with the City Clerk's Office) Representing P. A.N.I.C. was Beverly Ackerson, 27129 Spring Creek Road, who stated that she attended task force meetings and heard statements which led her to believe that airplane manufacturers did not know what could be done and were not interested in making airplanes quieter; that at least three airlines were increasing rather than decreasing their use of turboprop commuter planes. She was opposed to LAX expansion, believing that it would mean more flights over the peninsula, and felt that if City Council Minutes March 16, 1999 Page 6 expansion of LAX was abandoned, the concept of a regional airport would develop quickly. Council discussion focused on the relationship of airplane noise to the proposed expansion of LAX and the consensus was that support of a regional airport would not hamper the momentum of the effort to decrease airplane noise. After additional discussion of some changes to the proposed letter to be sent to Mayor Gordon, Councilman McTaggart moved, seconded by Councilwoman Ferraro, to send the amended letter to Mayor Gordon of El Segundo supporting consideration of a regional airport plan. Motion carried. Lydia Kennard said that LAWA is in the process of developing a plan to expand and modernize LAX and urged the Council to withhold judgment on a regional airport until the plan was completed and to allow LAX to be part of a regional plan for airports. She added that they welcomed input from all communities who are served by LAX and said that, without solving the overflight noise problem, there would be no master plan and that this was a commitment. She pointed out the good faith effort by the FAA and the commitment by LAX to decrease the noise problems on the Peninsula. Mayor pro tem Byrd moved, seconded by Councilwoman Ferraro, to write a letter to LAWA thanking them for their commitment to help control air traffic over the peninsula. Motion carried. Bikeway Route Improvement Program (112 x 1204) Director Allison presented the staff report of March 16, 1999 and the recommendation to 1. Award a Professional Services Agreement to Willdan Associates in an amount of $70,100, and authorize staff to spend an additional $7,000 for a total authorization of $77,100 for the engineering design, inspection, and project/construction management services for the Bikeway Route Improvement Program. 2. Authorize the Mayor and City Clerk to execute a Professional Services Agreement. After a brief discussion of the engineering and construction costs and liability and insurance issues, Councilman McTaggart moved, seconded by Councilwoman Ferraro, to approve staff recommendation. The motion carried on the following roll call vote: AYES: Ferraro, Lyon, McTaggart, Byrd, and Mayor Hollingsworth NOES: None City Council Minutes March 16, 1999 Page 7 Nomination for Outstanding Older American (305 x 1101) City Manager Evans presented the staff report of March 16, 1999 and the y � .. th recommendation to nominate a senior citizen to be honored at the 34 Annual Older Americans Recognition Day. Names considered were Edith Mayerson, Pearl Hanback, Earl Casler, Jean Tooker, and John Beringer. Councilman McTa g9 art moved, seconded by Councilmember Lyon, to nominate. Edith Mayerson. Lois Larue 3136 Barkentine Road, stated the achievements and contributions of Pearl Hanback and Don Fraser. Motion carried. Ocean Trails -Park Names (1203 x 1411) Councilman McTaggart said that the Council was being asked to select one name for each of the two parks located at the entrance to Ocean Trails. The Council selected Vista Catalina Park and Sunset Point Park as the two winning names. It was announced that the students who submitted these two names as well as the second p lace winners would receive a letter of congratulations from Ken Zuckerman, an invitation for two to the upcoming Celebrity Golf Tournament at Ocean Trails, and an Ocean Trails tee - shirt. AUDIENCE COMMENTS: Daphne Clarke, 10 Peppertree Drive, expressed her displeasure with L.A. County Animal Control and described delays in the recent removal of a dead horse from the property located in the Portuguese Bend area. Lois Larue 3136 Barkentine, expressed concern about the development at Abalone Cove; Proposition M; and, helicopters flying over her home. COUNCIL REPORTS: Councilwoman Ferraro described the Building Livable Communities conference she City Council Minutes March 16, 1999 Page 3 attended recently and said that she would share materials she had received. CLOSED SESSION REPORT: City Attorney Lynch reported that in the case of Segreto vs. the City of Rancho Palos Verdes, she had given the Council an update on that matter. No action was taken. Regarding the code enforcement item, Council unanimously voted to have staff proceed with nuisance abatement on a substandard structure. The matter of the City Manager's evaluation was continued to a future meeting. ADJOURNMENT: The meeting was adjourned at 10:45 P.M. on the motion of Mayor Hollingsworth. CITY CLERK City Council Minutes March 16, 1999 Page 9