CC MINS 19990420MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
April 20, 1999
The meeting was called to order at 6:00 P.M. by Mayor Hollingsworth 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 7:00 P.M. After the Pledge of Allegiance, roll call was answered as
follows:
PRESENT: Byrd, Lyon, McTaggart, and Mayor Hollingsworth
ABSENT: Ferraro
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; City Clerk/Administrative Services Director Jo Purcell; Senior Planner Greg
Pfost; Project Coordinator Trayci Nelson; and, Recording Secretary Jackie Drasco.
Mayor Hollingsworth introduced the new Palos Verdes Peninsula News reporter Josh
Cohen.
RECYCLING: (1204 X 1301)
Marc Sabin and Larry Price were the March recycle winners and will receive one year
of free refuse service. A name was then selected for the month of April.
APPROVAL OF AGENDA:
Councilmember Lyon requested that the Truancy Ordinance be removed from the
Consent Calendar to be discussed before the public hearing. Mayor pro tem Byrd,
seconded by Councilmember Lyon, to approve the agenda as amended.
APPROVAL OF CONSENT CALENDAR:
Lois Larue, 3136 Barkentine Road, spoke to the minutes of March 16; the Council
meeting rules; contour grading; City Hall phone expense; and, about an earthquake
fault in the City.
Councilman McTaggart 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
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 March 16, 1999
Long Point Specific Plan EIR Contract Addendum No. 2 (1203 X1804)
Approved Contract Addendum No. 2 to the Agreement for Consulting Services between
the City of Rancho Palos Verdes and Robert Bein, William Frost & Associates for
preparation of the Long Point Specific Plan Environmental Impact Report, in the
amount of $56,700.
Ocean Trails — Requests for Extension (1203 X 1411)
Extended the approvals for Vesting Tentative Tract Map Nos. 50666 and 50667 for the
Ocean Trails project for one (1) year, until April 15, 2000.
Final Parcel Map No. 24546 (1203 X 1410)
Approved the Final Parcel Map (Location: Southeast corner of PVDS and Seawolf
Drive) [Applicant: Frank Sciarrotta] and accepted the dedication for vehicular access
rights to Palos Verdes Drive South; and authorized the City Clerk to sign the Final
Parcel Map.
Resol. 99 -20 - Increased Authorization for a Professional Service Agreement
(1204 X 1502)
(1) Increased the Authorized limited for a professional service contract for Traffic
Engineering Services with Willdan and Associates by $12,000 for a total authorization
of $52,000. (2) ADOPTED RESOL. NO. 99 -20, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION
98-471 THE BUDGET RESOLUTION FOR FISCAL YEAR 1998 -99, FOR A BUDGET
ADJUSTMENT TO THE CITY'S GENERAL FUND AND GAS TAX FUND.
City Council Minutes
April 20, 1999
Page 2
Resol. 99 -21 - Establishment of Stop Regulations (1204 X 1502)
ADOPTED RESOLUTION NO. 99 -21, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES ESTABLISHING STOP REGULATIONS AT
THE INTERSECTION OF AVENIDA APRENDA AND ELDENA DRIVE.
Resol. No. 99 -22 - Register of Demands (.602)
ADOPTED RESOL. NO. 99 -22, 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:
NOES:
ABSENT:
Lyon, McTaggart, Byrd, and Mayor Hollingsworth
None
Ferraro
Truancy Ordinance No. 346 (1101 X 1206 X 1401)
The staff recommendation was to adopt the proposed Ordinance No. 346 relating to the
loitering of minors and amending the Rancho Palos Verdes municipal code.
Don Shults, 2129 Velez Drive, stated that he felt it was inappropriate for the Sheriff's
Department to be handling truancy because their concern was with crime. He believed
being approached by law enforcement was a traumatic experience for most teenagers,
many of whom had good reason to be away from school. He was opposed to what he
felt was a loss of freedom.
Council discussion focused on the special training that the special assignment officers
had received and the need for enforcement by the sheriff to provide assistance to the
schools and peace and quiet for residents.
Hobart Cress, Assistant Principal at Dodson Intermediate School, 2125 MacArthur,
Rancho Palos Verdes, spoke in favor of this ordinance because it would help the
school deal with chronic truants, drugs and prevent home break -ins. He said that often
negligent parents become more attentive when they are faced with a $200 fine or even
a court appearance.
City Council Minutes
April 20, 1999
Page 3
Council discussed the possibility of revisiting the ordinance in one year to make sure
individual freedoms were not being taken away and the consensus was that residents
would contact the City if the ordinance, which would become effective on May 20, 1999,
was causing problems. It was clarified that this ordinance was available to the public;
that the municipal code is available at the libraries and on the Internet.
Councilman McTaggart moved, Mayor pro tem Byrd seconded to ADOPT ORDINANCE
NO. 346 OF THE CITY OF RANCHO PALOS VERDES RELATING TO THE
LOITERING OF MINORS AND AMENDING THE RANCHO PALOS VERDES
MUNICIPAL CODE.
The motion carried on the following roll call vote:
AYES:
Lyon, McTaggart, Byrd, and Mayor Hollingsworth
NOES:
None
ABSENT:
Ferraro
PUBLIC HEARING:
Ocean Trails — Change in the golf course drainage facilities (1203 X 1411)
Mayor Hollingsworth opened the public hearing on this request for change in the
eastern portion of the Ocean Trails golf course drainage facilities from the approved
tunneled pipe system to La Rotonda Canyon. City Clerk Purcell announced that notice
had been duly published and one letter had been received just prior to the meeting and
distributed to Council.
Senior Planner Pfost presented the staff report of April 20, 1999 and the
recommendation to: (1) adopt the proposed resolution approving Addendum No. 8 to
Environmental Impact Report No. 36 for the project and (2) adopt the proposed
resolution approving Conditional Use Permit No. 163 — Revision "I ", thereby permitting
a change to the design of the eastern portion of the golf course drainage facilities from
a tunneled pipe system to the existing on -site La Rotonda canyon.
Senior Planner Pfost said that the City geologist had not completed his review of the
proposed change.
After a short discussion of responses from resource agencies; the importance of
preventing cliff erosion, and the need for information from the City geologist, Council
consensus was to continue the item to May 4.
City Council Minutes
April 20, 1999
Page 4
View Preservation Request No. 1 — Council Interpretation (1203 X 1806)
Mayor Hollingsworth opened the public hearing on this request for an interpretative
review of the City Council's action on March 16th to adopt City Council Resolution No.
99 -17. Specifically, the appellant was requesting an interpretation of the approved
language of Section 8 of Resol. No. 99 -17. City Clerk Purcell announced that notice
had been duly published and that no protest letters had been received.
Project Coordinator Nelson presented the staff report of April 20, 1999 and the
recommendation to review Resol. No. 99 -17 and provide an interpretation of whether
Section 8 does the following: (1) adequately reflects the Council's intent with regard to
Mr. Dyda's proposed language; and, (2) whether the word "only" in the last line of
Section 8 adequately reflects the Council's intent with regard to said paragraph.
Lorraine Dyda, 5715 Capeswood, read from a statement written by her husband Ken
Dyda, who was ill, which stated that the action taken by the City Council ultimately did
not change anything from the original View Restoration Commission decision. She said
that she and her husband were withdrawing their compromise offer because it was not
being followed. (A copy of the written statement- is on file with the City Clerk's Office)
City Attorney Lynch stated that the Council could not re -open the case but that it could
clear up any ambiguity.
The Council, believing that their action did reflect Mr. Dyda's compromise, discussed
several options and decided to remove the word "only" which clarified the intent of the
compromise.
Mrs. Dyda said that she was still not sure that this change would restore their view to
the extent that they wanted.
Councilmember Lyon moved, seconded by Mayor pro tem Byrd, to remove the word
"only" from the resolution.
The motion carried on the following roll call vote:
AYES: Lyon, McTaggart, and Byrd
NOES: Mayor Hollingsworth
ABSENT: Ferraro
REGULAR BUSINESS:
City Council Minutes
April 20, 1999
Page 5
Seacliff Hill Street Vacation (1204 X 1408)
Director Allison presented the staff report of April 20, 1999 and the recommendation to
(1) Authorize staff to re- initiate the vacation process for Seacliff Drive, Palo Vista Drive
and Aqua Vista Drive as requested by the Seacliff Hills Homeowners Association. (2)
Direct the Planning Commission to only make a recommendation on the CUP revision,
so that the City Council would make the final decision on gates, and allow the City
Council to review the application for gates and vacation comprehensively.
City Attorney Lynch presented two methods by which the vacation and gate issues
could be heard together: 1) The Planning Commission approval of the gate would be
contingent on the vacation. 2) The Municipal Code allows the City Council to appeal
any Planning Commission decision without an individual appealing.
Council discussion focused on issues regarding installing a gate such as room for
queuing and deceleration and the realignment of Palos Verdes Drive South which is
expected to be completed by September 1999. The consensus was to wait until this
alignment is actually completed but not to name a date because there could be delays
in the completion.
Herbert Hyatt, 32424 Aqua Vista Drive, past president of Seacliff Homeowners
Association, was opposed to vacating and gating. He did not believe the reasons given
were cause for this action. He was aware that 100% of the homeowners had to
approve any of these actions.
City Attorney Lynch and Director Allison clarified that there were originally two streets
included in the proposal. Aqua Vista was later added and could be removed in order to
achieve 100% homeowner approval for the other two streets.
William James, 3517 Palo Vista Drive, President of Seacliff Hills Homeowners
Association, verified that Aqua Vista could be eliminated from the plan and that they did
have 100% approval from the other two streets. He agreed to wait until the realignment
of Palos Verdes South was complete because the residents in the area were also
concerned about safety.
Susan Allewert, 32415 Aqua Vista Drive, said that the majority of the Homeowners
Association members did want the vacation and the gate and it would be acceptable to
delete Aqua Vista from the plan.
Lois Larue, 3136 Barkentine Road, expressed her opposition to gated communities
within the City.
City Council Minutes
April 20, 1999
Page 6
Mayor pro tem Byrd moved, seconded by Councilman McTaggart, to delay any decision
until the alignment of Palos Verdes Drive South is complete. Motion carried.
Engineering Staff Assistance (I 101 X 1204)
Director Allison presented the staff report of April 20, 1999 and the recommendation to
(1) Award a Professional Services Contract in an amount not to exceed $28,000 to
CBM Consulting Inc., for temporary engineering staff assistance. (2) Authorize the
Mayor and City Clerk to execute a professional services agreement with CBM
Consulting Inc.
Council requested to see the additional information about the ratings of the companies
who had bid on this project.
Councilmember Lyon moved, seconded by Mayor pro tem Byrd to approve staff
recommendation.
The motion carried on the following roll call vote:
AYES:
Lyon, McTaggart, Byrd, and Mayor Hollingsworth
NOES:
None
ABSENT:
Ferraro
ORAL CITY COUNCIL REPORTS:
School District Plans for School Site (1101 X 1401)
Councilman McTaggart reported that the School Board had recently been considering
re- opening a second high school, Palos Verdes High School, which has been Palos
Verdes Intermediate School for the last few years. He believed Miraleste High School
on the east side of the Peninsula should be opened to provide a neighborhood school
for that area and to reduce traffic. He said that Palos Verdes High was being
considered because it was felt there were insufficient high school students on the east
side. He suggested that Miraleste High School be re- opened for grades 7 through 12,
with an option for students to attend Peninsula High School.
Council consensus was to send a letter, signed by the Mayor and all councilmembers,
to the School Board requesting that they consider re- opening Miraleste High School for
grades 7 through 12.
City Council Minutes
April 20, 1999
Page 7
REPORT ON. CLOSED SESSION:
City Attorney Lynch reported that the Council unanimously directed the City Manager to
contact certain property owners to explore the possibility of acquisition of property by
City of Rancho Palos Verdes.
With regard to the Employee Performance Evaluation for the City Manager, she
reported that the matter had been continued to the next Council meeting.
AUDIENCE COMMENTS:
Lois Larue, 3136 Barkentine, discussed City Council meeting rules; the cost of agenda
packets; and, salaries for Councilmembers in other cities.
ADJOURNMENT:
The meeting was adjourned at 8:55 P.M. on the motion of Mayor Hollingsworth.
ATTEST:
CITY CLERK
042M9CCMINS
City Council Minutes
April 20, 1999
Page 8