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CC MINS 19990615MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING June 15, 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 Redevelopment Agency agenda. The meeting was reconvened at 7:06 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; Director of Public Works Dean Allison; Director of Finance Dennis McLean; City Clerk/Administrative Services Director Jo Purcell; Senior Planner Greg Pfost; Associate Planner Kit Fox; Building Official Bryan Zuppiger; Project Coordinator Trayci Nelson; and, Recording Secretary Jackie Drasco. RECYCLE DRAWING:(1204 X 1301) Mayor Hollingsworth announced that James J. Stewart was the May winner and would receive one year of free refuse service and another name was drawn for the month of June. APPROVAL OF AGENDA: Mayor pro tem Byrd moved, seconded by Councilman McTaggart, to approve the agenda. Motion carried. APPROVAL OF CONSENT CALENDAR: Requests were received from Council and staff to remove the following items from the Consent Calendar: addendum to the refuse contract consultant; approval of the agreement with the home improvement program consultant; the Community Development Block Grant Cooperation Agreement; agreement with the City's traffic consultant; and, the City's investment policy. Lois Larue, 3136 Barkentine Road, commented on the June 1 minutes, liability insurance for contractors, confidentiality of applicant information for the home improvement program, non - discrimination and other criteria used in the City's hiring of consultants. 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 council members after the reading of the title. Minutes (301) Approved the minutes of June 1, 1999. Resol. Nos. 99-43,44, & 45 - November 2, 1999 General Municipal Election (301 X 501) Adopted the following resolutions: (1) RESOL. NO. 99-43 CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 1999, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; (2) RESOL. NO. 99-44 REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2,1999; and, (3) RESOL. NO. 99 -45 ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE OF AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 1999. Adoption of Ordinance No. 348 — SPECIFIC PLAN AMENDMENT NO. 10 (1203 X 1804) ADOPTED ORDINANCE NO. 348 - AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES APPROVING SPECIFIC PLAN AMENDMENT NO. 10, AN AMENDMENT TO SPECIFIC PLAN III (29505 — 29701 WESTERN AVENUE) AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. City Council Minutes June 15, 1999 Page 2 Approval of professional services agreement with John L. Hunter &Associates for National Pollutant Discharge Elimination System Implementation (1204 X 1402) (1) Awarded a professional services agreement to John L. Hunter and Associates for National Pollutant discharge Elimination System (NPDES) Clean Water Act implementation for FY 99 -00 and FY 00 -01 in amounts not to exceed $42,000 and $51,500, respectively. (2) Authorized the Mayor and City Clerk to execute an agreement with John L. Hunter and Associates, Inc. for NPDES Clean Water Act implementation for FY 99 -00 and FY 00 -01. Approval of professional services agreement with Helix Environmental Planning, Inc. (1204) Awarded a professional services agreement with Helix Environmental Planning, Inc. in the amount of $30,500 for professional environmental services for storm drain improvements on Palos Verdes Drive East at Bronco Rd., and authorized the Mayor and the City Clerk to execute said agreement. Approval of professional services agreement with J. Michael Huls for implementation of the City's Source Reduction & Recycling Element (1204 X 1301) (1) Awarded professional services agreement to J. Michael Huls, REA to provide support services for the City's implementation of the Source Reduction and Recycling Element (SRRE) and Used Oil Block Grant programs for FY 99 -00 and FY 00 -01 in amounts not to exceed $14,860 and $15,760, respectively; and (2) Authorized the Mayor and City Clerk to execute an agreement with J. Michael Huls, REA for implementation of the SRRE and Used Oil Block Grant programs for FY 99 -00 and FY 00 -01. Contract for Signal Maintenance Services — Peek Traffic Signal Maint., Inc. (1204 X 1405) (1) Awarded a contract to Peek Traffic Signal Maintenance, Inc. for signal maintenance services for FY 99-00 and FY 00 -01. (2) Authorized expenditure of $30,000 under the contract for FY 99 -00. (3) Authorized the Mayor and the City Clerk to execute said contract. City Council Minutes June 15, 1999 Page 3 Agreement with All City Management for Crossing Guard Service for FY 99 -01 (301 X 1401) Authorized the Mayor and the City Clerk to execute Amendment No. 7 to the agreement with All City Management Services Inc. for an amount not to exceed $7,500 to provide crossing guard services at Miraleste Intermediate School for the 1999 -2000 School Year. Gary Arno - Public Information Services Agreement (I 101) Approved the agreement with Gary Amo for public information services for a maximum amount of $5,000 and authorized the Mayor and the City Clerk to execute said agreement. City Investment Policy — FY 1999 -2000 (602) Adopted and filed the FY 99 -00 investment policy for the City of Rancho Palos Verdes. Resol. No. 99-46 - Register of Demands (602) ADOPTED RESOL. NO. 99-46 - 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, Lyon, McTaggart, and Mayor Hollingsworth NOES: None ABSENT: Ferraro # # # # # # # # # # # Addendum No. 1 to Hilton Famkopf & Hobson, LLC agreement (1204 X 1301) Staff recommendation was to approve addendum No. 1 to the professional services agreement with Hilton Farnkopf & Hobson, LLC, to expand the scope of the work for refuse negotiations and approve expenditures in excess of the amount previously authorized by the City Council. Council questioned the $5000 charge for studying each additional proposal and considered the amount to be excessive. City Council Minutes June 15, 1999 Page 4 Director Allison replied that $5,000 is a not -to- exceed amount and an attempt will be made to keep costs as low as possible. Further Council discussion clarified the manner in which the proposals would be compared; the average number of pages of a proposal; and, the Council's request that future contracts should establish cost limits. Mayor, pro tem Byrd moved, Councilman McTaggart seconded, to approve the $15,000 expenditure. The motion carried on the following roll call vote: AYES: Byrd, Lyon, McTaggart, and Mayor Hollingsworth NOES: None ABSENT: Ferraro Approval of professional services agreement with MDG Associates (1204) Staff recommendation was to (1) Approve a professional services agreement with MDG Associates to continue providing HOME Improvement Program administration and implementation services for the period July 1, 1999 to June 30, 2000 for anot -to- exceed amount of $25,000 for FY 1999 -2000. (2) Authorize the Mayor and City Clerk to execute the Agreement with the MDG Associates. Council discussion focused on the process to administer this program, the need for progress reports; staff and consultant time required for administration; the kind of information about applicants which was disclosed; and, the fact that this program helps the City meet the state mandate for affordable income housing Councilman McTaggart moved, seconded by Councilmember Lyon, to accept staff recommendation. The motion carried on the following roll call vote: AYES: Byrd, Lyon, McTaggart, and Mayor Hollingsworth NOES: None ABSENT: Ferraro Resol. No. 99-47 - Community Development Block Grant (CDBG) Three -Year Cooperation Agreement (601 X 1204) City Council Minutes June 15, 1999 Page 5 Staff recommendation was to (1) authorize the City of Rancho Palos Verdes to continue its participation in the Community Development Block Grant (CDBG) Program for Federal Fiscal Years 2000 -2002; (2) adopt the proposed resolution approving and authorizing an agreement by and between the City of Rancho Palos Verdes and the County of Los Angeles to participate in the Community Development Block Grant Program, Home Investment Partnerships Program, and Assisted Housing Programs; and, (3) authorize the Mayor and City Clerk to execute the proposed Agreement with the County of Los Angeles Community Development Commission (CDC). Councilmember Lyon, who requested this item be removed from the Consent Calendar, stated that her questions had been answered during discussion of the previous item. Councilmember Lyon moved, seconded by Mayor pro tem Byrd, to accept staff recommendation. The motion carried on the following roll call vote: AYES: Byrd, Lyon, McTaggart, and Mayor Hollingsworth NOES: None ABSENT: Ferraro Approval of professional services agreement for Traffic Engineering Services for FY 1999 -2000 (1204) Staff recommendation was to (1) award a professional service contract to Willdan Associates, Inc., for a not to exceed amount of $43,000 for Traffic Engineering Service for FY 1999 -2000 and (2) authorize the Mayor and City Clerk to execute a professional service contract with Willdan Associates, Inc. After discussion, Council consensus was that the current traffic engineer had not performed satisfactorily in the last few projects. Director Allison estimated that a new consultant could be in place by September 1999. Mayor pro tem Byrd moved, Councilmember Lyon seconded, to solicit bids from new consultants. Motion carried. PUBLIC HEARINGS: City Council Minutes June 15, 1999 Page 6 View Restoration Permit No. 37 — Interpretation Review (1203 X 1806) Mayor Hollingsworth re- opened the public hearing on this request for an interpretation of View Restoration Permit No. 37. City Clerk Purcell announced that this was a continued public hearing from June 1. Project Coordinator Nelson presented the staff report of June 15, 1999 and the recommendation that the Council make an interpretation that the Pine tree that was the focus of VPR No. 13 was not included in the City Council's original approval for View Restoration Permit No. 37 (Resolution No. 98 -8) and request that the tree be addressed through the view preservation process. Roy Lorenz, 30419 Ganado, said that he had cut all trees as required but this one had not been mentioned. He urged the Council to consider his privacy. He said that it was not fair that Dr. Daponte had brought up the view impairment by this particular tree 17 months after the View Restoration Commission's decision and without paying the $940 appeal fee. He cited the risk of hillside instability and the fact that he had not been compensated for removing foliage. (Mr. Lorenz' written statement is on file in the City Clerk's Office.) Council discussion focused on the topic of view restoration versus view preservation, and noted that it was unfortunate that the tree in question had not been included in the original decision, however, treating it as "view preservation" would cure the oversight. City Attorney Lynch opined that the City could not order the removal of a tree without the owner's consent but it could require the tree to be topped and for the foliage owner to pay maintenance costs. Mr. Lorenz expressed concern about damage to his ground cover that he had replaced after trees were removed in the past. Ken Daponte, 3662 Greve Drive, said that the issue of ground cover damage could be taken care of by having staff oversee the work. He indicated that he was ready to provide a check for the removal and replacement of foliage, stating that the resolution called for removal of all foliage blocking his view and that the omission of this tree was an honest mistake and including it would be only a minor modification of the View Restoration Permit. (Dr. Daponte's written statement is on file in the City Clerk's Office.) Both parties agreed to the arborist's suggestions as contained in the Council staff City Council Minutes June 15, 1999 Page 7 report. It was Council's consensus to direct staff to place a 90 -day requirement for work to be accomplished, replacement of foliage that dies within one year, and to proceed with the View Preservation application if the agreement was not signed by both parties by June 30, 1999. Councilman McTaggart so moved, seconded by Mayor pro tem Byrd. Motion carried. Adoption of Ordinance No. 350 — Uniform Building Codes, 1997 Edition (201 X 1203) Building Official Zuppiger presented the staff report of June 15, 1999 and the recommendation to adopt Ordinance No. 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. City Clerk Purcell announced that this was a continued public hearing from June 1. A brief Council discussion ensued relative to some unclear language in the proposed code regarding a building foundation's ability to withstand earth movement It was the consensus that the City Attorney and the Building Official meet and modify this language during the recess. Lois Larue, 3136 Barkentine Road, inquired about the action taken on this item at the previous meeting on June 1. Recess and Reconvene: At 8:25 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 8:40 P.M. City Attorney Lynch read the clarifying language and opined that the ordinance should be re- introduced; that the ordinance could then be adopted at the July 6 meeting. Mayor pro tem Byrd moved, seconded by Councilmember Lyon, to re- introduce Ordinance No. 350 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES City Council Minutes June 15, 1999 Page 8 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, Lyon, McTaggart, and Mayor Hollingsworth NOES: None ABSENT: Ferraro Resol. No, 99 - 48 - Delinquent accounts for FY 1997 -98 Sidewalk Repair Program (1204 X 1405) Mayor Hollingsworth opened the public hearing on this request for a public hearing to consider the delinquent accounts for sidewalk repair. City Clerk Purcell announced that notice had been duly published and that no protest letters had been received by the City. She noted, however, that two additional delinquent accounts had been paid and that these names would be stricken from the delinquent list. Director Allison presented the staff report of June 15, 1999 and the recommendation to (1) Receive, confirm and file the Superintendent of Streets' Report of Repairs and Costs for delinquent accounts dated June 7, 1999 (2) Conduct a public hearing to consider the delinquent accounts for sidewalk repair; (3) Adopt the proposed resolution ordering the establishment of special assessments, the placement of liens on real property and the placement of charges on the real property tax bill for collection of unpaid sidewalk repair assessments. Council discussion included a request for one more notification, sent certified, and an extension to June 29, before the information is transferred to the tax rolls. Lois Larue, 3136 Barkentine Road, described her efforts to contact the persons listed on the delinquent list and inquired of the two homeowners who have paid. Mayor pro tem Byrd moved, seconded by Councilman McTaggart, to accept staff recommendation, as amended. Motion carried Delinquent False Alarm Fees (602) City Council Minutes June 15, 1999 Page 9 opened the public hearing on this request for a public hearing to Mayor Hollingsworth op p g consider the collection of delinquent uent false alarm via special assessment. City Clerk Purcell announced that notice had been duly published and that no protest letters had been received by the City. resented the staff report of June 15, 1999 and the recommendation Director McLean p p to (1) Receive and file the June 15 report ort of delinquent false alarm fees; (2) Conduct a he collection of delinquent public hearing to consider t false alarm amounts via special q assessment, and • , (3) p Adopt the proposed resolution ordering the establishment of p is on the FY 99 -00 real property tax bill and the placement of liens special assessments p on real property for unpaid burglar alarm fees. Council noted that the number of false alarms have been reduced considerably since charging fees. Discussion clarified that delinquent accounts had the City has been g g been notified several times b certified mail; that seven days after this hearing, these fees would be placed on the property tax roll. Lois Larue, 31 p 36 Barkentine Road, reported on calls she made to residents with delinquent false alarm fees. a art moved seconded b Mayor pro tem Byrd, to accept staff Councilman McT gg Y recommendation. Motion carried. Ocean Trails — Revision "J" to the Ocean Trails Project (1203 X 1411) The staff recommendation was to continue the public hearing to July 6, 1999. seconded b Mayor pro tem Byrd so moved, y Councilman McTaggart. Motion carried. Appeal of the issuance of a Notice and Order to Abate a Public Nuisance at 2611 Colt Road (1203 X 1701) The staff recommendation was to continue the public hearing on this item to July 20, 99 as requested b Staff to further study recently received information. 19 q Y Councilman Ma gg cTa art moved , seconded by Councilmember Lyon, to continue the item to August 17, 1999. Motion carried. Appeal Resol. Nos. 99 -50 & 51 - A eal of Tentative Parcel Map No. 25271 (1203 X 1411) City Council Minutes June 15, 1999 Page 10 Mayor Hollingsworth opened the public hearing on this request for an appeal of Tentative Parcel Map No. 25271, (Applicant: Palos Verdes Portuguese Bend Company. Appellant: Crestridge Estates, LLC.) City Clerk Purcell announced that notice had been duly published and that no protest letters had been received by the City. Associate Planner Fox presented the staff report of June 15, 1999 and the recommendation to adopt the proposed resolutions certifying the Negative Declaration and denying the appeal and conditionally approving Tentative Parcel Map No. 25271. Councilmembers Byrd and Hollingsworth announced that they had each met with Mr. Latimer and talked to Mr. Walker on the telephone. Councilmember McTaggart said that he had met with Mr. Latimer. Lewis Latimer, 32357 Phantom Drive, representing the Crestridge Estates Development, said that the Planning Commission's denial of the previous map application had been based on lack of feasibility for future development of the lots. He stated that the open space hazard area should be depicted on the parcel map and recorded as a covenant. He also stated that another development was pending on the remainder of the site and that although staff said that it could be developed, its feasibility was not adequately defined. He urged the Council to require a cooperative mass grading plan between Palos Verdes Portuguese Bend Company and Crestridge Estates because a common slope linked the lots. He raised issues of egress and ingress and the lack of a turnout or deceleration lane into the driveway that would cause a problem with the heavy, high -speed traffic on Crenshaw. He felt that the separate parcels should have covenants to protect the entire site and that further feasibility studies were needed. Council discussion clarified that no plans to develop the proposed lots had been submitted other than conceptual plans to demonstrate the feasibility of the lots and that the Council was being asked through this appeal to intercede in a dispute between three business entities rather than Letting those three parties work out their own issues amongst themselves. City Attorney Lynch explained that conceptual plans were provided by the applicant as examples to support the necessary findings regarding the feasibility of the proposed map. Mike Walker, 25200 La Paz Road, representing the Palos Verdes Portuguese Bend Company, said that he took exception to the issue of the map's feasibility being questioned. He said that an open space covenant was not necessary because a portion of the property was already zoned as open space hazard. He also noted that City Council Minutes June 15, 1999 Page 11 he had tried to work out an agreement with the appellant several years ago, but that agreement never came together. He closed by saying that the Planning Commission had been convinced of the feasibility of the proposed map and that a specific development proposal would have to be reviewed upon submittal at a future date. He stated that his g company's eotechnical consultant was very conservative in placing the setback line further from the crest of the hill than was necessary as an extra measure of caution. Representing Palos Verdes Bend Company was Ted Wolfe of Pacific Soils Engineers, their Registered Engineering Geologist, who felt the property had been studied thoroughly. He confirmed that the buildable area identified in their study provided for a safety factor of 1.5. City Attorney Lynch concurred that the findings made by the Planning Commission in approving the map were sustainable, that there already was an open space hazard designated on the sloped area of the site, and she recommended against a requirement of reciprocity between the applicant and appellant since the evidence indicates that each parcel could sustain some form of development on its own. Mayor pro tem Byrd moved, seconded by Councilmember Lyon, to, deny the appeal. Motion carried. Recess and Reconvene: At 9:32 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 8:35 P.M. REGULAR BUSINESS: Funding source options for Pt. Vicente Interpretive Center Expansion Project (1101 X 1201) City Manager Evans summarized the action taken to date to fund this expansion and in particular the possibility of selling two pieces of property Senior Administrative Analyst Park presented the staff report of June 15, 1999 and the recommendation to consider utilizing Prop "A" funds as an alternative to EET and Quimby funds for the balance of the PVIC Expansion Project. Additionally, she detailed the other potential funding sources described in her report. Council discussion centered on the use of Proposition A Funds which were restricted to public transit. These funds, however, could be "sold" to other agencies at a discount. City Council Minutes June 15, 1999 Page 12 It was the consensus that staff should report back to the Council about progress made in selling these funds to another city /. Further Council discussion touched on obtaining funds from the Department of the Interior and it was suggested that assistance be sought from Congressman Kuykendall. It was also felt that funds might be sought from the State, with the assistance of Senator Karnette and Assemblyman Lowenthal, because of the benefit these exhibits will provide to school children. Mayor pro tem Byrd moved, Councilmember Lyon seconded, to authorize the City Manager to open negotiations for sale of Proposition A funds to other cities with the goal of raising $560,000. Processing of Large Domestic Animal Nonconformity Statements (1808) Associate Planner Fox presented the staff report of June 15, 1999 and the recommendation to receive and file the report and give direction to staff for any modifications to the proposed process. Council discussion focused on grandfathering covenants to be tailored to each case which would expire in 2007; the conditions under, which a covenant could be revoked, a request from the Equestrian Committee for them to handle nonconformity "grandfathering" statements; the distinction between horse keeping (ownership) and horse boarding; and, Council support of the Pony Club and a desire to see it relocated within the City. Richard Bara, One Peppertree Drive, said he felt that the main topic of discussion should be the Nonconformity Statement Process Guidelines in the staff report. As Chair of the Equestrian Committee, he gave a history of discussions leading to the formation of the Committee and the procedure for handling nonconformity statements. Robert Maxwell, 7 East Pomegranate Road, described residents in his neighborhood trying to legalize commercial horsekeeping activities. He felt these activities not only created eyesores also but also should not be grandfathered. (Mr. Maxwell's written statement is on file in the City Clerk's Office.) Claudia Gutierrez, 3 Clovetree Place, said that it was hard to differentiate between horse keeping and horse boarding unless the horses were licensed, as dogs are. Toni Deeble, 3 East Pomegranate Road, said that she was bothered by modification because of the more than two years of hearings to arrive at a decision. She believed if City Council Minutes June 15, 1999 Page 13 there was opposition to grandfathering, both sides should be notified. She felt that the distinction between keeping and boarding should be eliminated because it was impossible to verify which activity was taking place. Betty Field- Strauss, 10 West Pomegranate Road, questioned the accuracy of information on some of the grandfathering applications and believed regulations should be enforced. Ed Sutton, One Pomegranate Road, discussed grandfathering in perpetuity, and was opposed to the distinction between boarding and keeping. Jim Wolfe, 28714 Goya Drive, representing the Portuguese Bend Pony Club, described the benefits children received from the Pony Club and urged the Council to grant the Club a Special Use Permit rather then a Conditional Use Permit to provide a more stable existence. Elaine Raksnys, 900 Camino Real, Redondo Beach, CA 90277, representing the Portuguese Bend Pony Club said that she was grateful for support of the Pony Club and wanted its existence to be remain secure. She said that the Club had applied for grandfathering because it was felt that this was the correct legal process but the group was willing to work with the City in another process if necessary. Casey Porter, 8 Roseapple Road, explained that horses were present on his property when he bought it, that he had completed an application for nonconformity, and that he was trying to understand the process. He indicated that he was willing to cooperate with the City. Sunshine, 6 Limetree, recalled past hearings that led to the current regulations and wondered if goals were being met. Director Rojas clarified that a Special Use Permit (issued by staff is temporary for a particular event and that a Conditional Use Permit (issued by the Planning Commission) would be appropriate for relocation of the Pony Club. Sepp Donahower, 3 West Pomegranate Road, felt that the Code was good but there were difficulties in understanding and following it. He was concerned about grandfathering in perpetuity and believed that many applications contained misinformation. He believed that the burden should be on the applicant to prove that there was a legal use in 1975, not just a use. He supported the formula for the number of horses to be kept on a parcel. City Council Minutes June 15, 1999 Page 14 Council consensus was to continue the item to July 6 at which time staff would furnish details regarding the process for granting nonconformity; the appeal procedure; the involvement of the Equestrian Committee regarding nonconformities; and, various scenarios to help the Council understand the process. Recess and Reconvene: At 11:00 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 11:12 P.M. Natural Community Conservation Planning (NCCP) Update on the City's draft preferred alternative preserve design (1203) Director Rojas presented the staff report of June 15, 1999 and the recommendation to review the draft preferred alternative preserve design, provide staff with input, and authorize staff to p roceed with the NCCP program as proposed. Jess Morton, 787 W. 4th Street, San Pedro, CA 90731, speaking for the Endangered Habitats League, explained that NCCP is not just a small segment of the Peninsula but made up of subregions and that Rancho Palos Verdes had taken the lead for NCCP locally. He said that the basic principles of NCCP call for large blocks of habitat with connecting corridors. He indicated on the map two problem areas lacking these corridors. Barbara Satler, 1904 Avenida Aprenda, speaking for the California Native Plant Society, agreed with Mr. Morton and said she would have comments when the final map is available Larry ivien, 2324 West37th Street, San Pedro, CA 90732, local representative for the ry Sierra Club for the Peninsula /South Bay area, said that, even though he had not seen the final map, he was encouraged by the process and commended Rancho Palos Verdes. Richard Bara, One Peppertree Drive, inquired about the status of the habitat in Subregion 1 Lois Larue, 3136 Barkentine Road, described an improved drainage problem and discussed the Bronco drainage project. Councilmembers Byrd and McTaggart, speaking as the NCCP ad hoc committee, described the NCCP origin, intent, and process. Council discussion centered on funding from the State and Federal Government and City Council Minutes June 15, 1999 Page 15 the cost of the next two phases. It was clarified that there were three draft preserve plans; that the preferred alternative was the third plan shown on the map mounted for viewing. Director Rojas clarified that the habitat in Subregion 1 was being relocated and that this was a better alternative from a biological perspective and provided more acres. Councilmember Lyon moved, seconded by Mayor Hollingsworth, to authorize staff to proceed with the NCCP program as proposed. Motion carried. Resol. 99 -52 -City - County Municipal Law Enforcement Services Agreement (301 x 1206) City Clerk Purcell presented the staff report of June 15, 1999 and the recommendation to (1) authorize the Mayor and the City Clerk to execute the City - County Law Enforcement Service Agreement on behalf of the City and (2) adopt the proposed resolution requesting additional law enforcement services within the City Of Rancho Palos Verdes from the Los Angeles County Sheriffs Department under the City - County Law Enforcement Services Agreement. Mayor pro tem Byrd moved, Councilman McTaggart seconded, to accept the staff recommendation. Motion carried. Commercial Vehicle Enforcement (301 x 1206) City Clerk Purcell presented the staff report of June 15, 1999 and the recommendation to approve the training of a Sheriff's deputy to be the Commercial Traffic Enforcement Officer for the Regional Law Cities at a cost not to exceed $2500. Cpt. Ed Hitchcock, Lomita Sheriffs Station, said that this subject was first brought before the Regional Law Enforcement Committee by the City of Rolling Hills Estates and that Lomita has successfully implemented this program. He suggested that there was sufficient commercial traffic in Rancho Palos Verdes to warrant training one of the traffic deputies to perform this function and felt the $2500 cost could be shared with the other Peninsula cities. Councilmember Lyon moved, seconded by Councilman McTaggart, to accept the staff recommendation. The motion carried on the following roll call vote: City Council Minutes June 15, 1999 Page 16 AYES: Byrd, Lyon, McTaggart, and Mayor Hollingsworth NOES: None ABSENT: Ferraro Oral update on Ocean Trails Landslide Using a large map mounted for audience viewing, City Manager Evans gave a report on the Ocean Trails landslide that occurred on June 2, 19991 David Potter, 2221 Baleric Drive, San Pedro, CA 90732, said that he had been concerned about the development for a long time and commented on the group of people across the street from the entrance to Ocean Trails who were gathering signatures for limited development. He questioned approval of the construction of a golf course on a known ancient landslide area and why the lakes on the golf course were not being emptied. He believed the development should not have been allowed. Lois Larue, 3136 Barkentine Road, told of her knowledge of slippage on the bluff 15 years earlier and indicated the location on the map. She said that she did not tell the developer. ORAL CITY COUNCIL REPORTS: Mayor pro tem Byrd moved, seconded by Councilmember Lyon to add to the agenda the subject of rescheduling of the workshop to discuss the View Ordinance. It was noted that the workshop had previously been scheduled for Monday, June 14 in the Community Room at City Hall but the facility was inadequate for the number of attendees from the public and it was decided to set a new date. The workshop was rescheduled for 9:00 A.M. on July 19, 1999, at Hesse Park with the same staff report and notice to the same residents. Motion carried REPORT ON CLOSED SESSION: City Attorney Lynch said that she would give her report during the Redevelopment agency meeting. AUDIENCE COMMENTS: Michael Scribney, 32415 Nautilus Drive, discussed potential loss of views in his neighborhood caused by the Ocean Trails project and urged the Council to reconsider City Council Minutes June 15, 1999 Page 17 the geology of this project and provide silhouettes before final grading and beginning of construction of the homes on the Ocean Trails property. Lois Larue, 3136 Barkentine Road, commented on City costs for telephone bills; inconsistency in copying charges and mileage fees for contractors; cleanup to help prevent brush fires; and, the concept of Councilmanic districts instead of at large representation within the City.. ADJOURNMENT: Adjourned at 12:25 A.M. on motion of Mayor Hollingsworth. ATTEST: LL�2 CITY CLERK 1599CCMINS i0 To LA'l.T� City Council Minutes June 15, 1999 Page 18