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CC MINS 19991207MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING December 7, 1999 The meeting was called to order at 7:06 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; Director of Public Works Dean Allison; Director of Finance Dennis McLean; City Clerk/Administrative Services Director Jo Purcell; Senior Planner Fox; Associate Planner Mihranian; and, Recording Secretary Jackie Drasco. Mayor Hollingsworth listed City Council accomplishments over the past four years and thanked Councilmembers and staff for their dedication. APPROVAL OF AGENDA: Councilmember Lyon moved, seconded by Mayor Pro Tern Byrd, to approve the agenda as presented. Motion carried. CERTIFICATION OF ELECTION: Resol. No. 99 -87 - Certification of Election Results (301 x 501) City Clerk Purcell presented the results of the November 2, 1999 election and the recommendation to adopt the proposed resolution reciting the facts of the election. Councilmember Lyon moved, seconded by Mayor Pro Tem Byrd, to ADOPT RESOL. NO. 99 -877 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 2, 1999, DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS AS PROVIDED BY LAW. Motion carried. Swearing in of newly elected councilmembers (106 x 301) City Clerk Purcell administered the oath of office to John C. McTaggart, Barbara Ferraro, and Douglas W. Stern. Council Reorganization(106 x 301 x 306) Selection of Mayor City Clerk Purcell asked for nominations for the position of Mayor. Councilmember Lyon, seconded by Councilman McTaggart, nominated Mayor Pro Tem Byrd as Mayor. Motion carried. Selection of Mayor Pro Tem Mayor Byrd moved, seconded by Councilman MCTaggart, to nominate Councilmember Lyon for Mayor Pro Tem. Motion carried. CEREMONIAL EVENT: (304 x 1101) Mayor Byrd presented a gift and a City tile to outgoing Mayor Tom Hollingsworth in appreciation and recognition of his tenure as Mayor. Mary Lou Echternach, field representative for Assemblyman Alan Lowenthal, presented an Assembly resolution to Mayor Hollingsworth in recognition of his service and accomplishments as Mayor. RECESS & RECONVENE: Recess and Reconvene: At 7:35 P.M., Mayor Byrd declared a recess. The meeting reconvened at 7058 P.M. # # # # # # # # # # # RECYCLING DRAWING: (1204 x 1301) The winner from the last drawing was Robert Fong, who would receive a check for $250, representing a year of free refuse service. Another card was selected. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine Road, commented on the appointments to the Abalone Cove Landslide Abatement District. City Council Minutes December 7, 1999 Page 2 Councilman McTaggart moved, seconded by Mayor Pro Tern 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 November 16, 1999. Adoption of Ord. No. 353 — Ordinance Amending the Uniform Administrative Code (201 x 1203) ADOPTED ORD. NO. 3537 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING THE 1997 EDITION OF THE UNIFORM ADMINISTRATIVE CODE AMENDING THE MUNICIPAL CODE. (This ordinance was introduced at the October 19, 1999 meeting.) Annual Report Regarding the General Plan Implementation Status Report (1101) Directed Staff to forward the City's Annual Report on the Rancho Palos Verdes General Plan to the State Governor's Office of Planning and Research, and to the Department of Housing and Community Development regarding the current status of the General Plan and the progress on its implementation during the 1998 calendar year. Appointment of members to the Miraleste Recreation and Park District and the Ridgecrest Recreation and Park District (301 x 1200) Made the following appointments: Miraleste Recreation & Park District: (1) Appoint George J. Picciotto, Kimberly Lynn Stull and Carol Swets for a full term ending December 5, 2003. (2) Appoint Peter Glusac and Dawn Evon Henry for the unexpired terms ending December 7, 2001. Ridgecrest Recreation &Park District: Appoint Endsley Collett, Jr. and E. Wayne Fager to serve a full term until December 5, 2003. Appointment of members to the Abalone Cove Landslide Abatement District and the Klondike Canyon Landslide Abatement District (301 x 2000 x 2100) City Council Minutes December 7, 1999 Page 3 Made the following appointments: Abalone Cove Landslide Abatement District: Appoint Stephen King, Sharon Nolan and Neil Seigel to a four -year term until September 2003. Klondike Canyon Landslide Abatement District: Appoint Tyler McCoy and John M. McCarthy to a four -year term until September 2003. FY 1998 -99 Audit Management Letter and Independent Auditors' Report on Compliance (602) Received and file the attached audit management letter and report on compliance letter for FY 1998 -99. Professional Services Agreement for the Citywide Landscaping and Lighting District (901 x 1204) (1) Awarded a professional services contract to Harris and Associates for the preparation of the Engineer's Report for the Citywide Landscaping and Lighting District for FY 1999 -2000, FY 2000 -2001, and FY 2001 -2002, for a not to exceed amount of $7,000, annually. (2) Authorized the Mayor and City Clerk to execute a professional services agreement with Harris and Associates. October 1999 Treasurer's Report (602) Ordered received and filed the October 1999 Treasurer's Report for the City of Rancho Palos Verdes. Resol. No. 99 -88 - Register of Demands (602) ADOPTED RESOL. NO. 99 -88, 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: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd NOES: None ABSTAIN: Stern (Minutes of November 16, 1999) PUBLIC HEARING: City Council Minutes December 7, 1999 Page 4 Code Amendment No. 44 - ACity- initiated Proposal to Amend the Development Code: Establishment of Equestrian Facilities and Programs by Registered 501(C)(3) Non - Profit Organizations (1203 x 1808) Mayor Byrd opened the public hearing on this request to app -rove Code Amendment No. 44. City Clerk Purcell announced that notice had been duly published and that all protest letters were included as part of the agenda package. Senior Planner Fox presented the staff report of November 16, 1999 and the recommendation to introduce the proposed ordinance of the City Of Rancho Palos Verdes amending Chapter 17.46 (Equestrian Overlay (Q) District), Chapter 17.76 (Miscellaneous Permits and Standards) and Chapter 17.78 (Miscellaneous) of Title 17 of the Municipal Code. Council discussion centered on setting a time limit for a permit, the consequences of a 501(C)(3) losing its non - profit status; the City keeping an active file of all 501(C)(3)'s which would include copies of annual reports to the State; and, the fact that no permits were being approved with this item, only an ordinance to allow an organization to apply for a permit. Joseph Gallagher, 9 Ginger Root Lane, stated that his home is the only one in visual range of the Ride to Fly facility and he objected to the noise, flies, smells, water collection in the corrals, and illegal parking. He felt the Portuguese Bend Community Association should be studying the issue, not the Equestrian Committee. Lucy Brooks, 5405 Bayridge, described the physical therapy benefits aspects of Ride to Fly and her use of the program. Robert Maxwell, 7 East Pomegranate Road, distributed photographs of certain corrals in the area which he felt were illegal and requested that they be brought into code compliance. He made reference to the Portuguese Bend Community Association survey and five years of public hearings to amend the code which was intended to cure these problems. Roger Grove, 4923 Hafison Street, Torrance, CA 90503, representing Ride to Fly, urged the Council to approve the ordinance to allow his group to apply for a permit and said that they intended to continue being a good neighbor. He described improvements made to the property since they began using it. George Twidwell, 32 Sweetbay Road, owner of the property being used by Ride to Fly, City Council Minutes December 7, 1999 Page 5 spoke in support of the proposed ordinance. Emily Starkey, 6734 Los Verdes Drive, Apt. 2, spoke in support of the Pony Club. Stacy Dye, 7035 Hartcrest Drive, spoke in support of the Pony Club. Megan Leon, 38 Narcissa, spoke in support of the Pony Club. Gordon Leon, 38 Narcissa, spoke in favor of the Pony Club and said that it taught responsibility to young people. Christina Smith, 38 Pony Lane, Rolling Hills Estates, CA 90274, spoke in favor of the Pony Club. Jack Smith, 38 Pony Lane, Rolling Hills Estates, CA 90274, spoke in favor of the Pony Club and said that it might not be able to continue without this ordinance. He said that he would not object to a ten -year permit limit as long as the Pony Club was allowed to re -apply for a permit. Janis Lukstein, 26203 Basswood Avenue, spoke in support of the Pony Club and said that it taught riding safety and horse care and was a positive activity. Joe Deeble, 3 East Pomegranate Road, spoke in favor of a process to allow the Pony Club and Ride to Fly to operate but was opposed to re- zoning the area. He was concerned about other 501(C)(3) organizations that might want to be established in the area, but which may be may be commercial. Leanne Twidwell, 32 Sweetbay Road, owner of the property being used by Ride to Fly, said that the area is being well maintained by Ride to Fly and that there are four horses on the property with no expansion planned to increase the number of horses. Council discussion centered on the role of the Equestrian Committee and if permits should be heard by the Committee but approved by the City Council; and that the use of these 501(C)(3)'s should be limited to altruistic organizations serving a worthy need. City Attorney Lynch noted that the ordinance would be revised to reflect these suggestions. Councilman Stern moved, seconded by Councilman McTaggart, to conceptually approve Code Amendment No. 44 with .revisions and continue the public hearing to December 21, 1999. Motion carried. City Council Minutes December 7, 1999 Page 6 Recess and Reconvene: At 9:17 P.M., Mayor Byrd declared a recess. The meeting reconvened at 9:27 P.M. Consider Support for El Segundo's LAX Lawsuit (1101 x 305) City Manager Evans presented the staff report of December 7, 1999 and the recommendation to consider a request from Councilwoman Barbara Ferraro to discuss the City of El Segundo's lawsuit against the City of Los Angeles for alleged violation of the California Environmental Quality Act. After a brief discussion, Council consensus was to direct the City Attorney to obtain a copy of the El Segundo lawsuit and provide it to the Council and to discuss the issue at a future meeting. Lois Larue, 3136 Barkentine Road, commented on her experience testifying before the Airport Commission. Code Amendment No. 46: Maximum Structure Size, Lot Coverage, and Roof Decks (1203 x 1801) Mayor Byrd opened the public hearing on this request to approve Code Amendment No. 46. City Clerk Purcell announced that notice had been duly published and that no protest letters were received by the City. Associate Planner Mihranian presented the staff report of November 16, 1999 and the recommendation to introduce the proposed ordinance of the City of Rancho Palos Verdes, aCity- initiated proposal, to amend Chapter 17.02 (Single - Family Residential Districts), Chapter 17.48 (Development Standards), and Chapter 17.96 (Definitions) of Title 17 of the Municipal Code. Council discussion focused on the definition of a roof deck, the wisdom of maintaining the requirement for a variance to allow a roof deck and, insuring privacy for surrounding residents when a roof deck is allowed. Ken Dyda, 5715 Capeswood Drive, provided a handout to the Council which contained two suggested amendments _to this section of the Code. (A copy of Mr. Dyda's handout is on file with the City Clerk's Office.) Lorraine Dyda, 5715 Capeswood Drive, requested that the Council require foliage on roof decks to be restricted to a height of eight feet, the same height restriction which City Council Minutes December 7, 1999 Page 7 has been placed on outdoor furnishings and accessories. Further Council discussion centered on neighborhood compatibility as it related to the maximum structure size issue and it was suggested that the 100% expansion of the original permitted structure which would trigger a review of structure size be reduced to 25 %. Council consensus was to direct staff to provide data on the number of residential additions within the past year which would have required the neighborhood compatibility review if this percentage was reduced. Mayor Byrd moved, seconded by Councilman McTaggart, to continue the public hearing to December 21, 1999. Motion carried. REGULAR BUSINESS: Resol. No. 99 -89 - Health Insurance Contributions (902 x 1101 ) Assistant City Manager Petru presented the staff report of November 16, 1999 and the recommendation to adopt the proposed resolution amending the City contribution amounts for employee insurance premiums. Councilwoman Ferraro moved, seconded by Councilman McTaggart to ADOPT RESOL. NO. 99 -897 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING THE CITY CONTRIBUTION AMOUNTS FOR EMPLOYEE INSURANCE PREMIUMS. The motion carried on the following roll call vote: AYES: Ferraro, Lyon, McTaggart, Stern and Mayor Byrd NOES: None Workshop Schedule for the Year 2000 (307 x 1101) City Manager Evans presented the staff report of November 16, 1999 and the recommendation to Identify issues that the City Council should discuss in workshop sessions and set dates for those workshops. After discussion, Councilman Stern moved, seconded by Mayor Pro Tern Lyon, to continue this item to December 21 and to have Councilmembers provide any additional topics of interest. Motion carried. City Council Minutes December 7, 1999 Page 8 Set Commission /Committee Interviews (106 x 301) City Clerk Purcell presented the staff report of November 16, 1999 and the recommendation to set a date for the interviews. After discussion, Council consensus was to extend the application date to January 14 and to hold the interviews in February 2000. Recess and Reconvene: At 10:25 P.M., Mayor Byrd declared a recess. The meeting reconvened at 10:30 P.M. Review City Council Rules of Procedures (307 x1101) Assistant City Manager Petru presented the staff report of November 16, 1999 and the recommendation to review the proposed revisions to the City Council Rules of Procedures and to provide staff with direction. Council consensus was to continue this item to January 4, 2000. Adjustment to the Budgeted Personnel Schedule for the Department of Planning, Building and Code Enforcement (602 x1202 x 1203) Staff recommendation was to approve the recommended adjustment to the Department's budgeted personnel schedule. Councilman McTaggart moved, seconded by Councilwoman Ferraro, to adopt staff recommendation. Motion carried. 25th Anniversary Tapes (305 x 1101) Recommendation was to request Blockbuster on Hawthorne Boulevard and the Wherehouse on Western Avenue to sell tapes and also to sell tapes at the Hesse Park gift shop. After a short discussion, Mayor Pro Tern Lyon moved, seconded by Councilwoman Ferraro to direct staff to write letters to any appropriate local establishment concerning selling these videos and to sell the videos in the Hesse Park gift shop. Motion carried. ORAL CITY COUNCIL REPORTS: City Council Minutes December 7, 1999 Page 9 Councilman Stern reported that he had received a call on November 4 from Jim York and then visited the Filiorum property with Mr. York on November 6. He also said that he received a call regarding Mr. York's property from Mike Mohler who offered a preview of the plan being submitted in the future. Councilman Stern said that he advised Mr. Mohler that he would prefer to study the plan when it was submitted through official channels. Mayor Byrd told Councilmembers that staff was preparing a description of City Council assignments for representation at outside organizations and that assignments would be made at the Council meeting on January 4, 2000. AUDIENCE COMMENTS: Lois Larue, 3136 Barkentine Road, commented on potential use of the Long Point property, on of the City's geotechnical consultants, and on the Oceanfront housing development. Recess and Reconvene: At 11:00 P.M., Mayor Byrd declared a recess to a Closed Session per Brown Act Checklist attached to the addendum to the City Council. Agenda. The meeting reconvened at 11:30 P.M. The City Attorney announced that no action had been taken by the City Council. ADJOURNMENT: Adjourned at 11:30 P.M. on motion of Councilman McTaggart. ATTEST: 1999`0 207ccmin MAY R City Council Minutes December 7, 1999 Page 10