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CC MINS 19990601MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING ab June 1, 1999 The meeting was called to order at 6:45 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 7:10 P.M. 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; Building Official Bryan Zuppiger; and, Recording Secretary Jackie Drasco. CEREMONIAL MATTER:(304 x 1101 ) Mayor Hollingsworth presented a Certificate of Recognition to Stella Mathews, who p re resented the Palos Verdes Peninsula Stake of the Church of Jesus Christ of Latter Day Saints. This Certificate was in appreciation of their members having painted "Do Not Pollute" decals on 400 of the City's catch basins. Similarly, the Mayor presented a Certificate of Recognition to Scout Leader Mark Campbell in appreciation of Cub Scout Pack 234 members having painted 200 such decals. APPROVAL OF AGENDA: City Clerk Purcell said that staff had requested that the item concerning the Notice of Completion for the Lower Hesse Park Trails Project and Upper Hesse Park Stairway and Landscaping be removed from the agenda to be discussed at a later date. Councilwoman Ferraro moved, seconded by Councilman McTaggart, to approve the agenda as amended. Motion carried. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine, spoke about affordable housing and requested the meaning of "value engineering" mentioned in the minutes of May 18, 1999. Councilman McTaggart moved, seconded by Mayor pro tem Byrd, to approve the consent calendar as follows: Motion to Approve Waiver of Full Reading Adopted a motion to waive full reading c3f 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 May 17 and May 18, 1999. April 1999 Treasurer's Report (602) Ordered received and filed the April 1999 Treasurer's Report for the City of Rancho Palos Verdes and its component units (i.e., Redevelopment Agency and the Improvement Authority). Resol. No. 99 -36 - Annual Appropriation Limit for Fiscal Year 1999 -2000 (602) Adopted Resol. No. 99 -36, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING THE 1999 -00 FISCAL YEAR APPROPRIATION LIMIT FOR THE CITY OF RANCHO PALOS VERDES. Resol. No. 99 -37 - Register of Demands (602) ADOPTED RESOL. NO. 99 -371 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: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None PUBLIC HEARINGS: City Council Minutes June 1, 1999 Page 2 Interpretative Review of View Restoration Permit No. 37 (1203 x 1806) City Clerk Purcell announced that this was a continued public hearing from May 18, 1999. Director Rojas presented the staff report of June 1, 1999, and the recommendation to continue the matter to June 15, 1999. Ken Daponte, 3662 Greve Drive, read from a prepared statement that expressed his opposition to a continuation of this matter and felt it was a needless delay; that there was a non - existent privacy issue; and, that he believed this was preferential treatment of foliage owner. (A copy of Dr. Daponte's written statement is on file with the City Clerk's Office). Staff explained that a meeting had been scheduled with Mr. Lorenz, the foliage owner, and the City arborist, however, Mr. Lorenz requested that the replacement foliage be planted prior to removal of the tree blocking Dr. Daponte's view. After a Council discussion, it was the consensus that Mr. Lorenz had received the best arrangement that could be offered. Since Mr. Lorenz was not present, however,. it was felt that there was no choice but to continue the matter to June 15, 1999. Mayor pro tem Byrd moved, seconded by Councilmember Lyon, to continue the item to June 15, 1999, and to inform Mr. Lorenz that planting the replacement foliage prior to removing his present tree was unacceptable. Motion carried Resol. No. 99 -38, Ordinance No. 348, and Resol. No. 99 -39 - Specific Plan Amendment No. 10 (1203 x 1804) Mayor Hollingsworth opened the public hearing on this request for Specific Plan Amendment No. 10, Conditional Use Permit No. 20 at Western Avenue at Summerland Street. City Clerk Purcell announced that notice had been duly published and that no protest letters were received by the City. Senior Planner Pfost presented the staff report of June 1, 1999, and the recommendation to (1) adopt the proposed resolution approving a Mitigated Negative Declaration for the project; (2) introduce the proposed ordinance approving Specific Plan Amendment No. 10; and, (3) adopt the proposed resolution approving Conditional Use Permit No. 204 And Grading Permit No. 2044 for the proposed development. Council discussion included a comparison of other automotive businesses near City Council Minutes June 1, 1999 Page 3 residential areas, noise mitigation measures, operating hours, and confirmation of sanitation of the previously existing underground tanks. Tab Johnson, representing Rich Development Company, 796 West 9th Street, San . Pedro, CA 90731, explained the process of amending the plan and his work with the Traffic Committee, Planning Commission, and staff. He explained that the Planning Commission considered the operating hours carefully, taking into consideration the competition with nearby businesses located in the City of Los Angeles which closed at 7:00 P.M. He stressed that the business is a tire store; heavy engine repairs would not be done; and, that all cars would be placed indoors overnight. He discussed noise mitigation measures, such as facing the bay doors away from the homes; and the use of impact wrenches, stating that they would not necessarily be using these tools up to the moment of closing. Council discussed the option of a review after the first six months of operation to determine if a noise problem exists and possibly changing the closing time to 6:00 P.M. There being no further public testimony, Mayor Hollingsworth closed the public hearing. Councilmember Lyon moved to Adopt Resol. No. 99 -38, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE PROJECT; (2) INTRODUCE ORDINANCE NO. 348 OF THE CITY OF RANCHO PALOS VERDES APPROVING SPECIFIC PLAN AMENDMENT NO. 10; (3) ADOPT RESOL. NO. 99 -39, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 204 AND GRADING PERMIT NO. 2044 FOR THE PROPOSED DEVELOPMENT and to add a condition to review the project after six months of operation. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None Resol. No. 99-40 - Citywide Landscaping & Lighting Maintenance District (901 x 1204) Mayor Hollingsworth opened the public hearing on this request to consider the proposed levy and collection of assessments within the Citywide Landscaping and Lighting Maintenance District. City Clerk Purcell announced that notice had been duly published and that no protest letters were received by the City. City Council Minutes June 1, 1999 Page 4 Director Allison presented the staff report of June 1, 1999, and the recommendation to (1) conduct a public hearing on the proposed levy and collection of assessments within the Citywide Landscaping and Lighting Maintenance District for fiscal year 1999 -00 and the Engineer's Report prepared in connection therewith and (2) adopt the proposed resolution confirming a diagram and assessment for the 1999 -00 fiscal year in connection with the Citywide Landscaping And Lighting Maintenance District pursuant to the provisions of Part 2 Of Division 15 Of The California Streets And Highways Code. Council discussion centered on the cost of approximately $20 to $30 per lot, which was determined by a zoning map at City Hall, the removal of some parks from the District, and the reduction of reserves in the last two years. There being no response to the Mayor's call for testimony, he declared the hearing closed. Mayor pro tem Byrd moved, seconded by Councilmember Lyon, to adopt staff recommendation. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None Resol, Nos. 99-41 and 99-42 - Adoption of the Budget for Fiscal Years 1999 -2000 and 2000 -2001 (602 x 1101 x 1202) Mayor Hollingsworth opened the public hearing on this request for Adoption of the Budget for Fiscal Years 1999 -2000 and 2000 -2001. City Clerk Purcell announced that notice had been duly published and that no protest letters were received by the City. Assistant City Manager Petru presented the staff report of June 1, 1999, and the recommendation to (1) adopt the proposed resolution approving a budget appropriation and adopting the operating and capital improvement budget for fiscal year 1999 -2000; and (2) adopt the proposed resolution establishing hourly ranges for competitive and management employee job classifications, creating the position of Deputy Director of Public Works and establishing a monthly car allowance for certain job classifications. Mayor Hollingsworth explained that the Council had spent over 17 hours reviewing the budget and it was hoped that if predictions for the future were accurate, the Utility City Council Minutes June 1, 1999 Page 5 Users Tax would be reduced in the second year of this two -year budget. He added that changes resulting from the budget session held prior to the regular meeting included discussions regarding salary adjustment of some positions, a monthly car allowance for certain job classifications, and the creation of the new position of Deputy Director of Public Works. There being no response to the Mayor's call for testimony, he declared the hearing closed. Mayor pro tem Byrd moved, seconded by Councilman McTaggart, to adopt staff recommendation. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None Ord. No. 349U, Ord. No. 350 - Adoption of State Uniform Codes (201 x 1203) Mayor Hollingsworth opened the public hearing on this request for adoption of State Uniform Codes. City Clerk Purcell announced that notice had been duly published and that no protest letters were received by the City. Building Official Zuppiger presented the staff report of June 1, 1999, and the recommendation to adopt the proposed urgency ordinance adopting by reference the California Building Code, California Mechanical Code, California Plumbing Code, California Housing Code, California Administrative Code, California Code for the Abatement of Hazardous Buildings, the California Fire Code, 1997 Editions, and California Electrical Code, 1996 Edition, and making amendments to said codes, amending the Rancho Palos Verdes Municipal Code, and declaring the urgency thereof. Council discussion focused on certain repairs which are currently allowed in active land movement areas. This proposed ordinance would require a structural engineer's design and, therefore. make the structure more sound. There being no response to the Mayor's call for testimony, he declared the hearing closed. Councilwoman Ferraro moved, seconded by Councilman McTaggart, to ADOPT Ordinance No. 3490, AN ORDINANCE OF THE .CITY OF RANCHO PALOS VERDES City Council Minutes June 1, 1999 Page 6 ADOPTING BY REFERENCE THE CALIFORNIA BUILDING CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA HOUSING CODE, CALIFORNIA ADMINSITRATIVE CODE, CALIFORNIA CODE FOR THE ABATEMENT OF HAZARDOUS BUILDINGS, THE CALIFORNIA FIRE CODE, 1997 EDITIONS, AND CALIFORNIA ELECTRICAL CODE, 1996 EDITION, AND MAKING AMENDMENTS TO SAID CODES, AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE, AND DECLARING THE URGENCY THEREOF, as amended. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None Mayor Hollingsworth moved, seconded by Councilwoman Ferraro, to introduce Ordinance 350, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE THE CALIFORNIA BUILDING CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA HOUSING CODE, CALIFORNIA ADMINSITRATIVE CODE, CALIFORNIA CODE FOR THE ABATEMENT OF HAZARDOUS BUILDINGS, THE CALIFORNIA FIRE CODE, 1997 EDITIONS, AND CALIFORNIA ELECTRICAL CODE, 1996 EDITION, AND MAKING AMENDMENTS TO SAID CODES, AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE, as amended. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None Recess and Reconvene: At 8:30 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 8:44 P.M. REGULAR BUSINESS: Alternatives to Address Structures Built Within the City's Rights -Of -Way (1203 x 1408) Director Rojas presented the staff report of June 1, 1999, and the recommendation to provide staff with clarification of whether the issue of existing encroaching structures within the City's public rights -of -way necessitates implementation of an encroachment legalization process that differs from current code enforcement procedures. City Council Minutes June 1, 1999 Page 7 Don Ferrara, 6301 Via Ciega, read from a prepared statement regarding the issue of placing private amenities on public property and said that as long as it was not a permanent structure with concrete or rebar, e.g., mailboxes of illegal size, he might be in favor of an amnesty program. (A copy of Mr. Ferrara's written statement is on file with the City Clerk's Office). Lois Larue, 3136 Barkentine Road, spoke in favor of cooperation between the City and the residents and urged the Council to choose the amnesty option. Council discussion focused on public safety; the need for judgment on a case by case basis rather than a blanket amnesty; and, the City's liability should the structure cause harm to a person or property Council consensus was in favor of Alternative 3, which was to direct staff to explore the formulation of a new streamlined legalization process that would involve the issue of Encroachment Permits at staff level. Staff was directed to provide drawings of several types of encroachments and standards for acceptable heights and distances from streets. Request for fee waiver for Encroachment Permit No. 28 and Minor Exception Permit No. 536. (1203) Director Rojas presented the staff report of June 1, 1999, and the recommendation to waive the $2,040 application and penalty fees for Encroachment Permit No. 28 and Minor Exception Permit No. 536 to legalize the after- the -fact pilasters located in the public right -of -way adjacent to 6304 Via Ciega. Council felt the reason given for a financial hardship in this case, the fact that changes in the procedure may result in lower fees in the future, was unacceptable. Don Ferrara, 6301 Via Ciega, requested that the fee be waived. Murphy Edward, 6304 Via Ciega, explained that this process started when he applied for permission to erect mailbox, and he provided a drawing he had given to the Planning Department. He said that he then built pilasters for balance and neighbors suggested that even more pilasters would look better. He believed he should have the fee waived because there were other structures encroaching in the right of way. Council discussion centered on the possibility of waiving the penalty fee but not the application fee because of staff costs. It was noted, however, that the Planning Commission would make the decision regarding the encroachment itself. City Council Minutes June 1, 1999 Page 8 Mayor pro tem Byrd moved, seconded by Councilwoman Ferraro, to waive the penalty fee. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart NOES: Mayor Hollingsworth Ordinance No. 347 - Suspension of Local Voluntary Campaign Expenditure Limit (301 x 501 ) City Clerk Purcell presented the staff report of June 1, 1999, and the recommendation to adopt Ordinance No. 347 suspending enforcement of chapter 2.30 of the Rancho Palos Verdes Municipal Code, the City's local voluntary campaign expenditure limit, for the November 2, 1999, general municipal election. It was clarified that this ordinance would not eliminate the requirement for candidates to report campaign contributions and that these records are available to the public. Lois Larue, 3136 Barkentine Road, discussed the concept of campaign contributors trying to influence candidates' decisions, and requested that contribution donations be published in the newspaper. Councilwoman Ferraro moved, seconded by Mayor pro tem Byrd, to accept staff recommendation The motion carried on the following roll call vote: AYES: Byrd, Ferraro, McTaggart, and Mayor Hollingsworth NOES: Lyon On Call Professional Service Agreements for Public Works for FY 1999 -2000 (1204) Director Allison presented the staff report of June 1, 1999, and the recommendation to (1) award professional services agreement for "on- call" services to Charles Abbott Associates, Inc.; Shirley Bennett; CBM Consultants; Jon Cicchetti; John M. Cruickshank; Grou p Delta Consultants; Kelsoe & Associates; Merit Civil Engineering, Inc.; Robert Bein, William Frost & Associates; SA Associates; and, Willdan Associates in a not to exceed amount of $60,000 for each firm, with a not to exceed amount of City Council Minutes June 1, 1999 Page 9 $25,000 for any single project performed by that firm under this contract and (2) authorize the expenditure of up to $182,000 for "on- call" services for fiscal year 1999- 2000. Council discussion focused on the ability to respond quickly from a qualified pool of' contractors with minimum staff time. It was clarified that this was the third and final time for this list and that next year other contractors would be considered. Councilwoman Ferraro moved, seconded by Councilman McTaggart, to accept staff recommendation. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None Workshop to Discuss View Restoration Issues (307 x 1101 x 1203 x 1806) City Manager Evans presented the staff report of June 1, 1999, and the recommendation to set a date and time for a City Council workshop to discuss view restoration and preservation issues. Council set the date of Monday, June 14, 1999, at 9:00 A.M., in the City Hall Community Room as the date and time for said meeting. ORAL CITY COUNCIL REPORTS: Councilwoman Ferraro described the Memorial Day service at Green Hills, at which former astronaut Pete Conrad was honored with a City proclamation. Mayor Hollingsworth discussed his meetings with homeowners associations, and explained that concerns were being addressed. Councilman McTaggart discussed halting of the grading at Green Hills, and staff indicated that a Planning Commission hearing would address a CUP revision. REPORT ON CLOSED SESSION: City Attorney Lynch reported that the Council unanimously directed that litigation be instigated regarding the View Restoration matter if it cannot be settled. City Council Minutes June 1, 1999 Page 10 AUDIENCE COMMENTS: Lois Larue, 3136 Barkentine, requested that each motion before the Council be re- stated before roll call; that more information be provided regarding the Council's annual evaluation of the City Manager; and that information be provided regarding City grants to the Symphonic Band. ADJOURNMENT: Adjourned at 10:25 P.M. to 9:00 A.M. on Monday, June 14, 1999, for a View Restoration Workshop in the Community Room at City Hall. Motion made by Mayor Hollingsworth. &AYOR ATTEST: CITY CLERK 060199CCMIN City Council Minutes June 1, 1999 Page 11