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CC MINS 19970218MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FEBRUARY 18, 1997 This meeting was called to order at 7:00 P.M. by Mayor John C. McTaggart at the Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance, roll call was answered as follows: PRESENT: Hollingsworth, Lyon, Byrd, Ferraro, and Mayor McTaggart ABSENT: None Also present were City Manager Paul Bussey, Assistant City Manager Brent Mattingly, Finance Director Dennis McLean, Planning, Building & Safety, and Code Enforcement Director Carolyn Petru, Principal Planner Joel Rojas, Assistant Planner Kit Fox, Director of Public Works Les Evans, Senior Engineer Dean Allison, City Attorney Carol Lynch, City Clerk Jo Purcell, and Recording Secretary Jennifer Baum - Steels. APPROVAL OF AGENDA: Mayor Pro Tem Ferraro moved, seconded by Councilman Hollingsworth to approve the Agenda. Motion carried. APPROVAL OF CONSENT CALENDAR: Mayor Pro Tem Ferraro moved, seconded by Councilman Hollingsworth to approve the Consent Calendar as follows: Minutes (301) Approved the minutes of January 7 and January 21, 1997. Peninsula and Tri- Cities Bikeway (112 x 1204) 1) Authorized the Mayor and City Clerk to execute an agreement with the Metropolitan Transportation Authority, and the South Bay Council of Governments. 2) Awarded a Professional Services Agreement to Meyer, Mohaddes Associates, Inc. in an amount not -to- exceed $23,500. for the preparation of an engineering report for the Peninsula and Tri- Cities Bikeway. 3) Authorized the Mayor and City Clerk to execute a Professional Services Agreement with Meyer, Mohaddes Associates, Inc. Resol. No. 97 -07 - Minor Exception Permit No. 500 - Appeal 1203 x 1804) ADOPTED RESOLUTION NO. 97 -07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL OF MINOR EXCEPTION PERMIT N0. 500 THEREBY UPHOLDING THE PLANNING COMMISSION'S ACTION TO PERMIT, SUBJECT TO CONDITIONS, THE ERECTION OF A 107 -FOOT TALL AMATEUR HAM RADIO ANTENNA AT 30763 TARAPACA ROAD. Resol. No. 97 -08 - Register of Demands (602) ADOPTED RESOLUTION NO. 97 -081 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: Lyon, Hollingsworth, Byrd, Ferraro, and Mayor McTaggart NOES: None PUBLIC HEARINGS: Code Amendment No. 34 and Environmental Assessment No. 628 (1203 x 1801) Continued consideration of the amended Development Code to April 1, 1997, at which time the final draft language of Titles 16 and 17 will be introduced for adoption. Speaking on this matter was Richard Bara, 1 Peppertree Drive, who made inquiries regarding the amendments to Titles 16 and 17 of the City's Municipal Code and when the final version would be presented for adoption. Staff responded that the final version to these titles would be presented on April 1, 1997, and that because of the changes made to Ordinance No. 320 introduced at the February 4 meeting, that it would be reintroduced on April 1, 1997. Councilwoman Lyon moved, seconded by Councilman Byrd to continue this public hearing until April 1, 1997. Motion carried. Height Variation No. 750- Revision "B" (1203 x 1801) Mayor McTaggart opened this public hearing on Height Variation No. 750. The City City Council Minutes February 18, 1997 Page 2 Clerk Purcell reported that notice of the hearing has been duly published and that all correspondence received were made part of the Council agenda packet. Director Petru presented the staff memorandum of February 18, 1997 and the recommendation to adopt the proposed resolution approving Height Variation No. 750 - Revision "B" including the 606.27 square foot utility /storage room (the 403.9 square foot heater room and the two storage rooms of 94 and 108.37 square feet respectively) and 170 square foot balcony that have already been constructed, and a 257 square foot storage area over the garage, as depicted on the revised plans submitted to the City on February 4, 1997, subject to conditions. Speaking to this matter were the following persons: Clifford Von Wagner, 3559 Bendigo Drive; Sharon Von Wagner, 3559 Bendigo Drive; Jack Solomon, 3552 Bendigo Drive; Richard Barkhius, 3549 Bendigo Drive; Bob Easton, 3566 Bendigo Drive; and, Jim Gordon, 3538 Bendigo Drive. With the use of models of the project as approved by the Planning Commission and one depicting the proposed building, these residents cited the incompatibility of the structure inasmuch as it was substantially bigger than other houses in the immediate neighborhood; that the applicant was unwilling to compromise in the design and size of the house to make it compatible; that this construction site has been an eyesore in the neighborhood for the past three years; and that Mr. Gantz did not build the structure as approved by the Planning Commission, but instead had built something much larger and out of character with the neighborhood. It was felt that because Mr. Gantz was in violation of City codes that perhaps the City should consider imposing fines for such nonadherence. The comment was made that perhaps there was already an agreement between the applicants and the City to approve the amended plans. Representing Mr. & Mrs. Gantz was their attorney Christian Juarez, who stated that staff had made a thorough investigation into the issue of neighborhood compatibility and that the proposed project was significantly scaled down from what had been originally presented. He rebutted the testimony that the house was much larger than others in the neighborhood and stated that average size of a home was 4000 square feet, rather than 2500 sq. feet when certain storage space was taken into consideration. He stated that his clients wanted to make good use of the size of their lot, that they have been very willing to compromise on the design and size of the house and when completed the house would enhance the neighborhood. City Attorney Lynch then summarized the outcome of the lawsuit brought against the City by the applicants and which was decided in the City's favor. She then explained that the Court had found that the City had erroneously approved the plans submitted by City Council Minutes February 18, 1997 Page 3 the applicants and that they should not have gone forward with the plans. With regard to the comment that there was an agreement with the applicants, she said that there was no agreement between the City and the applicant to approve the amended plans and that the City was under no obligation to approve them. Additionally, she summarized the second lawsuit filed by the applicants and the possible outcome of that lawsuit in the event the court decides in their favor. Recess and reconvene: At 7:55 P.M. Council declared a recess to allow viewing of the approved and proposed models of the project. The meeting reconvened at 8:08 P.M. Speaking in rebuttal were the following neighbors: Clifford Von Wagner, Sharon Van Wagner, Jack Solomon, Richard Barkhuis, Bob Eaton, and Jim Gordon. One problem cited in the rebuttal arguments was the fact that a storm drain located in front of the proposed garage and that this may cause problems; that the applicants should be made to build to the plan approved by the Planning Commission; that the garage with its overhead storage area was excessively wide and massive; and, that the notice of the hearing did not mention approval of revisions to the second story. Attorney Juarez said that the issue was whether the proposed plan was compatible with the neighborhood and that the model showed that it was. He said that the utility/ storage area behind the garage is filled with equipment such as heating and air conditioning. Councilman Byrd moved, seconded by Councilman Hollingsworth to close the public hearing on the matter. Motion carried. Council discussion focused mainly on the fact that the house was not built to code; that the garage had been raised rather than lowered two feet; that the utility /storage space above the garage looked like an add -on; and, that although mistakes were made by the City that, nonetheless, the applicants made mistakes also. With regard to the design of the house, the suggestion was made that the second roof line over the utility room be removed. Councilwoman Lyon moved, seconded by Councilman Byrd to deny Revision "B" without prejudice and to encourage the applicant to modify the proposal and work with the neighborhood to prepare a more compatible design. Motion carried on the following roll call vote: Ayes: Ferraro, Hollingsworth, Byrd, Lyon & Mayor McTaggart. Noes: None City Council Minutes February 18, 1997 Page 4 Appeal of CUP No. 82 - Revision 'A' and - Resol. No. 97 -09 - Vacation of Whitley Collins Drive (Island View) (1203 x 1204 x 1408) It was the consensus of Council to hear both the matter of the CUP 82 /Encroachment Permit No. 26 and the Vacation of Whitley Collins simultaneously. Mayor McTaggart opened this public hearing on Conditional Use Permit No. 82 /Encroachment Permit No. 26 and the Vacation of a Portion of Whitley Collins Drive. City Clerk Purcell reported that the notice of the hearing had been duly published and that all correspondence had been made available to Council. Associate Planner Kit Fox presented the staff report for the Appeal of CUP -82- Revision "A" for the gates at Whitley Collins Drive and Encroachment Permit No. 26 for a tract entrance observation booth at San Clemente Place. He discussed the two separate appeals of the Planning Commission's action to which the Island View Homeowners Association objected. These included the requirement of an exit gate at Whitley Collins gate to open automatically for all vehicles; and the denial of the tract entrance observation booth at San Clemente Place. Representing the Island View Homeowners Association Safety Committee was John Hellow, 15 San Clemente Drive, who stated that there had been an increase in crime and the number of incidents of vandalism in the neighborhood. With the use of overhead slides presented for Council and audience viewing, he summarized the history of the process on this request by the Association to vacate Whitley Collins, thus allowing them to install gates at the two entrances to the subdivision. Said request was made in 1994. (Copies of these slides are on file with the City Clerk's Office. ) Tim O'Donnell, 18 Santa Catalina Drive, then summarized the character of this neighborhood: that the streets form a loop less than one mile long; that the streets are used by residents and non - residents for walking, running, biking and various other activities; there are two cul -de -sacs in the neighborhood; and, that there are two passive parks located in the neighborhood. He also cited the increase in crime in the area. (A copy of Mr. O'Donnell's statement is on file with the City Clerk's Office. Trish Malin, 43 Santa Catalina Drive; presented the rationale for this proposal and its impact on the community: that the main objective was to improve safety and security; that it would optimize the accessibility of the community to residents and non - residents; that a Neighborhood Watch program had been established; that Santa Barbara Drive seems to be very susceptible to speeding, crime, and malicious mischief. She explained the locking devices that would be on the gates making easy access for the City Council Minutes February 18, 1997 Page 5 fire department and utility companies. (A copy of Ms. Malin's statement is on file with the City Clerk's Office. ) Representing So. California Edison was Area Manager Scott Gobble who stated that he had no problem with the vacation of Whitley Collins, however, for the sake of convenience for utility trucks, they would prefer a key pad type entry instead of issuing keys. Lois Larue, claimed someone phoned her with regards to the February 18, 1997 meeting. Council discussion focused on the means of opening and closing the gate; what would be agreeable to the Fire Department insofar as width and ease of accessibility was concerned; the distance of the gate from Crenshaw Boulevard; and, if consideration had been given to an auxiliary power source for the gates in the event of a power outage. Planning Commission Chair Don Vannorsdall said that the Commission was not concerned about automobiles but was concerned that the street be kept open to the public. With regard to the design of the pedestrian access, he cited that if it was the intention of the Association to prohibit motorcycle traffic that the design should be altered. The Commission, he said, felt that the exit gates should be automatic. Councilman Byrd moved, seconded by Councilwoman Lyon to close both the public hearing on the Conditional Use Permit and on the Request to vacate a portion of Whitley Collins Dr. Motion carried. Senior Engineer Allison presented the staff memorandum of February 18, 1997 and the recommendation to adopt the proposed resolution Vacating the City's Interest in a Portion of the Whitley Collins Drive Right -Of -Way. A brief discussion again focused on means of opening and closing the gate and it was the consensus that the Fire Department would be the final arbiter on this arrangement, but that the Association should put as much flexibility into the system as possible. Councilman Byrd moved, seconded by Mayor Pro Tem Ferraro to uphold the appeal on the observation booth and the gate and to adopt Resol. No. 97 -09 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY VACATING THE CITY'S INTEREST IN A PORTION OF THE WHITLEY COLLINS DRIVE RIGHT - OF -WAY. The motion carried on the following roll call vote: City Council Minutes February 18, 1997 Page 6 AYES: Hollingsworth, Lyon, Byrd, Ferraro, and Mayor McTaggart NOES: None Recess and Reconvene: At 10:14 P.M. Mayor McTaggart declared a recess; the meeting reconvened at 10:22 P.M. REGULAR BUSINESS: Rehabilitation of Palos Verdes Drive East & Montemalaga Dr. - Professional Services Agreement (11204 x 1404) Director Evans presented this staff memorandum of February 18, 1997 and the recommendation to 1) Award a contract to and authorize the Mayor and City Clerk to execute a professional services agreement with Robert Bein, William Frost (RBF) & Associates for professional services related to design, contract administration, pavement analysis, survey, construction inspection /management, and materials testing for the rehabilitation of Palos Verdes Drive East (PVDE) from Ganado Drive to Miraleste Drive, and Montemalaga Drive from Silver Spur Road to the west City limits, for a fee not -to- exceed $145,229 plus authorize staff to spend up to $7,262 for additional direct costs and a contingency for a total authorization of $152,491. 2) Award a contract to and authorize Mayor and City Clerk to execute a professional services agreement with Robert Bein, William Frost (RBF) & Associates for professional services related to design, contract administration, pavement analysis, survey, construction inspection /management, and materials testing for the rehabilitation of Palos Verdes Drive East (PVDE) from Miraleste Drive to Colt Road, for a fee not -to- exceed $34,872 plus authorize staff to spend up to $1,744 for additional direct costs and a contingency for a total authorization of $36,616. Councilwoman Lyon moved to adopt staff recommendations, seconded by Mayor Pro Tem Ferraro. Motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, Hollingsworth & Mayor McTaggart. NOES: None Western Avenue Caltrans Sidewalk Repairs (1204 x 1407 x 1505 x 1405) Council waived reading of the staff report of February 18 which recommended modifying the current request to Caltrans to include the following items in their sidewalk reconstruction project along Western Avenue. 1) Replace trees (25) adjacent to the Strathmore Townhomes, on the easterly side of Western Avenue, from Caddington Drive to approximately 150 feet northerly of Toscanini Drive., 2) Do not City Council Minutes February 18, 1997 Page 7 replace trees (11) adjacent to the two commercial properties on both sides of Western Avenue: Lucky's Center and Jack -in- the -Box property. Responding to Council's inquiry, staff stated that all of the property owners had been notified, however responses were not received from all of them. Staff further reported that the trees did not present a view problem. Councilwoman Lyon moved, seconded by Mayor Pro Tem Ferraro to approve staff recommendation. Motion carried. Natural Community Conservation Planning (NCCP) Project (1203) Principal Planner Rojas presented the staff memorandum of February 18, 1997 and the recommendation to Award the contract to Ogden Environmental & Energy Services and authorize the Mayor and City Clerk to execute a professional agreement with Ogden for the preparation of a Biological Assessment/Habitat Conservation Plan for completing Phase I of the City's NCCP Plan. Staff reported that a letter had been received from Dr. Rudi Mattoni with the Urban Wildlands Group at UCLA objecting to their not being awarded the contract to perform Phase I of the biological resource inventory and evaluation. Principal Planner Rojas explained why staff believed the Ogden proposal was better than Urban Wildlands Group proposal. Lois Larue stated her support for this program and for the City's participation in it. Council discussion focused on securing funding for this program and its other phases. Staff reported that the City is now a part of an NCCP Funding Committee that is preparing a plan to lobby for Federal State funding and that Rancho Palos Verdes is the only City in Los Angeles County that is currently preparing an NCCP. Staff was optimistic that the City could receive outside funding that would partially or perhaps completely off -set the costs of preparing the NCCP. Councilman Byrd moved to adopt staff recommendation. The motion was seconded by Councilwoman Lyon and carried on the following roll call vote: AYES: Lyon, Byrd, Hollingsworth, Ferraro, and Mayor McTaggart NOES: None Resol. Nos 97 -10 and .97 -11 - Mid Year Financial Report (602) City Council Minutes February 18, 1997 Page 8 Director McLean presented the staff memorandum of February 18, 1997 and the recommendation to 1) Receive and file the mid -year financial report; 2) Adopt the proposed resolution amending Resol. No. 9:-37, the budget appropriation for fiscal year 1996 -97, to increase or decrease certain expenditure appropriations and estimates of revenue in the General fund and Street Maintenance (Gas Tax) fund; and, 3) Adopt the proposed resolution amending Resol. No. 96 -37, the budget appropriation for fiscal year 1996 -97, to increase expenditure appropriations and estimates of revenue for the new special revenue fund, Community Oriented Public Safety (COPS) fund. Council discussion focused on the reduction of revenue received from the City of Rolling Hills Estates and requested a breakdown of the sales tax received from Rolling Hills Estates in future reports. Councilwoman Lyon moved to adopt Resol. No. 97 -10, amending Resol. No. 97 -37, the budget appropriation for fiscal year 1996 -97, to increase or decrease certain expenditure appropriations and estimates of revenue in the General fund and Street Maintenance (Gas Tax) fund. The motion was seconded by Councilman Byrd and carried on the following roll call vote: Ayes: Byrd, Hollingsworth, Lyon, Ferraro & Mayor McTaggart Noes: None Mayor Pro Tem Ferraro moved, seconded by Councilman Hollingsworth to adopt Resol. No. 97 -11, Amending Resol. No. 96 -37, the Budget Appropriation for Fiscal Year 1996- 97, to Increase Expenditure Appropriations and Estimates of Revenue for the New Special Revenue Fund, Community Oriented Public Safety (Cops) Fund. The motion carried on the following roll call vote: Ayes: Byrd, Hollingsworth, Lyon, Ferraro & Mayor McTaggart Noes: None ORAL CITY COUNCIL REPORTS: Status Report on Negotiations with the County: Mayor McTaggart stated that he wanted to take this opportunity to provide the residents with a brief update regarding the discussions with Los Angeles County concerning the Abalone Cove landslide abatement bonds. He reported that this past Thursday the City staff spoke with County staff who indicated that the City's proposal for restructuring the bonds was reviewed by their City Council Minutes February 18, 1997 Page 9 working committee and was forwarded to County senior staff in the CAO's office with a recommendation to accept the proposal. According to County procedures, the recommendation will be reviewed by two senior level staff persons before being presented to the Board of Supervisors. It is the City's intention to provide the community with the details of the proposal p rior to consideration by the Board. The County review process was delayed for a couple of weeks due to other urgent priorities in the CAO's office. We are pleased that our proposal has been received so favorably and we anticipate acceptance by the CAO's senior staff. Again, we will keep the community informed of the process and intend to distribute the details of the proposal prior to the item being considered by the Board. Lois Larue spoke to a variety of items: the RDA Workshop, the minutes of January 7, 1997, and the agreement being negotiated with the County. ADJOURNMENT: The meeting was adjourned at 10:55 P.M. on motion of Councilman Byrd. Attest: f "I ell f City Clerk 0 897cc.wpd City Council Minutes February 18, 1997 Page 10