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CC MINS 19970107MINUTES RANCH PALOS VERDES CITY COUNCIL REGULAR MEETING JANUARY 7, 1997 The meeting was called to order at 7:03 PM by Mayor John 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, Planning, Building and Safety Director Carolynn Petru, Principal Planner Joel Rojas, City Attorney Carol Lynch, Director of Public Works Les Evans, Senior Engineer Dean Allison, Senior Engineer Richard Schlesinger, Finance Director Dennis McLean, City Clerk Jo Purcell, and Recording Secretary Jennifer Baum. RECYCLING DRAWING: (1204 X 1301) Mayor McTaggart announced that the Mrs. Linda Lee family, 7011 Calle Quieta, was the recycling winner for the month of December. APPROVAL OF THE AGENDA: Mayor Pro Tem Ferraro moved, seconded by Councilwoman Lyon to approve the Agenda. Motion carried. APPROVAL OF THE CONSENT CALENDAR: It was the consensus to remove Item No. 3 (City Council policy regarding encroachment in the public right -of -way) from the Consent Calendar and present it on the January 21, 1997 agenda. Councilman Hollingsworth moved, seconded by Councilman Byrd to approve the Consent Calendar as follows: Waiver of Full Reading of Resolutions and Ordinances Adopted a motion to waive reading in full of all ordinances and resolutions presented at this meeting with consent of the waiver of reading deemed to be given by all councilmembers after the reading of the title. Establishment of a Parking Permit Program on La Rotunda (1204 X 1502) 1) Established a parking permit program on La Rotunda, 2) Authorized staff to work with the Ocean Terraces Homeowner Association. ORDINANCE NO. 319 ADOPTING AMENDMENTS TO PROPOSITION "M" (1203 X 1806) ADOPTED ORDINANCE N0. 319. AN ORDINANCE OF THE CITY OF RANCH PALOS VERDES ADOPTING AMENDMENTS TO SECTION 17.02.040 OF THE CITY OF RANCH PALOS VERDES MUNICIPAL CODE. Resol. No. 97 -01 - Register of Demands (602) ADOPTED RESOLUTION NO. 97 -01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCH 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: Lyons, Hollingsworth, Byrd, Ferraro and Mayor McTaggart NOES: None ABSTAIN: Hollingsworth on minutes of November 25, 1996 PUBLIC HEARING Equestrian Overlay District - Grandfathering (1203 X 1801) Mayor McTaggart announced that this was a continued public hearing on the issue of grandfathering in the Equestrian Overlay District: Director Petru started this hearing by responding to statements that she understood were made by a member of the public regarding the anticipated adoption of the Ordinance. She said that she had discussed a number of options with this person, but had indicated no preference, since it was up to the Council to decide when and how to adopt the Ordinance on the Overlay District. City Council Minutes January 7, 1997 Page 2 Principal Planner Rojas presented the staff memorandum of January 7, 1997 and the recommendation to review and discuss any outstanding issues regarding the proposed draft nonconformity language of draft Chapter 17.46. Speaking on this matter were the following persons: Jeanne Smolley, 56 Limetree Lane;* Robert Maxwell, 7 E. Pomegranate Road; Madeline Ryan, 28328 Palos Verdes Drive East;* Toni Deeble, 3 E. Pomegranate Road; Sherry Greenwood, 2543 Sunnyside Ridge Road; Kay Bara, 1 Peppertree Drive; Richard Bara, 1 Peppertree Drive; and Joe Deeble, 3 E. Pomegranate Road.(* Written statement presented by this speaker is on file with the City Clerk's Office.) The concerns and opinions of the speakers favoring grandfathering were as follows: that some of the proposed changes would eliminate or reduce the ability to keep horses and consequently reduce property values; that the only use for some of the landslide area lots was horsekeeping; that the CC &Rs for the Portuguese Bend area allowed for the keeping of three horses on vacant lots and that this is one of the few ways that lots in the landslide area could appreciate in value; that since the RDA was created to eliminate blight in the area that one of the ways to do it was to allow horsekeeping on vacant property and at the same time reduce the brush and fire hazard; that it was difficult to determine what structures were legal and if the City could help residents make that determination; that grandfathering the conditions that existed on the October 291 1996 date described in the most current draft version was unfair because some residents who had the right to have animals on their property may not have had them on that date; that grandfathering be granted in perpetuity and that the date for implementation of the conditions should be the date on which the Council adopts the ordinance. Concern was also voiced that perhaps the Council was trying to minimize the equestrian culture in the area. Those residents speaking against grandfathering current conditions suggested that home occupation licenses be required; questioned how the City could grandfather conditions that were in violation of the City code; and cited the advertising of certain boarding facilities as evidence that some of the boarding was indeed commercial and for profit. Some, however, felt that even though some of the conditions of the corrals were poor, that reducing the number of horses allowed would be punitive. Charlene O'Neil, 28 Headland Drive, presented a petition containing the signatures of approximately 160 persons objecting to the draft language directions given to staff by the Council at the October 29, 1996 meeting. They requested that the Council not reduce future horsekeeping options. (This petition is on file, with the City Clerk's Office.) City Council Minutes January 7, 1997 Page 3 A good deal of Council discussion focused on the Rolling Hills Estates Code (Chapter 17.361 "H" District) and how appropriate a similar ordinance would be for the City. Concern was expressed, however, that because RHE allows four horses per parcel regardless of the number of parcels owned that eventually such boarding facilities would be too big for a residential area. This possibility was seen as the reason why the number of horses on a lot should be capped and that anything beyond that cap require approval of the Equestrian Committee. Council continued with their discussion and the suggestion was made to allow four horses per developed parcel; that horse owners must get Committee approval for each additional horse; and, that owners be required to keep 25 foot clearance at adjacent vacant lots. The discussion concluded with Mayor McTaggart appointing a subcommittee of Councilmembers Lyon and Hollingsworth to work on this issue and report back to the Council with their resolution of the matter. It was the consensus of Council to continue this public hearing until the February 4, 1997 meeting. REGULAR BUSINESS: Portuguese Bend Club Sewage Collection System (1204 X 1801) Public Works Director Evans presented the staff memorandum of January 7, 1997 and the recommendation to authorize the Mayor to work with the County Sanitation Districts of Los Angeles County to provide a sewage pump station and force main to serve the Portuguese Bend Club property at 4100 Palos Verdes Drive South. Speaking to this matter was Steve Cummins, 81 Yacht Harbor Drive, who stated his agreement with staff recommendations. He commented on the importance of installing sewers because the seepage from septic tanks may cause future sliding in the area. It was the consensus of Council that this was an important project for that area, and suggested that a volunteer representative from the Portuguese Bend Beach Club be available to assist in these meetings with the County. councilwoman Lyon moved, seconded by Councilman Byrd to adopt staff recommendations. Motion carried. Recess and Reconvene: At 8:55 P.M. Mayor McTaggart declared a recess; the meeting reconvened at 9:09 P.M., with the Council having conducted the business of the Redevelopment Agency and the Maintenance Authority. City Council Minutes January 7, 1997 Page 4 Professional Service Agreement to prepare aCity -Wide Master Plan of Drainage (604 X 1204 1405) Director Evans presented the staff memorandum for January 7, 1997 and the recommendation to award a professional Service Agreement to AKM Consulting Engineers for the preparation of a City -Wide Master Plan of Drainage for an amount not to exceed $99,018.00. Director Evans summarized the Request for Proposal and evaluation process staff used in selecting AKM as the recommended firm for this project. During Council discussion of the evaluation process used for this selection, the suggestion was made that in the future the Council be given the resumes of the company principals bidding on such a project. Council inquired how staff determined the cost of this project; why AKM did not make inspection a part of their bid; and, if the software programs used by AKM would be compatible with programs already in- house. Lois Larue questioned why we don't already have a record of our storm drains. Mayor Pro Tem Ferraro, moved to adopt staff recommendation, seconded by Councilwoman Lyon. Motion carried on the following roll call vote: AYES: Hollingsworth, Ferraro, Lyon, Byrd, -and Mayor McTaggart NOES: None Approval of non - exclusive Attachment Permit Agreement with Metricom, Inc. (I 101 X 1601) Assistant City Manager Mattingly presented the staff memorandum of January 7, and the recommendation to approve the Attachment Permit Agreement to allow Metricom, Inc. to install wireless data service in the City. Lois Larue questioned why the City was not imposing a franchise and utility user fee on this service. Council discussion focused on where the antennas would be installed; the amount, if any, interference these devices would cause; what happens in the event of undergrounding utilities; the visual impact of these antennas; and, their range. Richard Bartoccini, representing Metricom, Inc. stated that they will comply to all codes and requirements and that they would also get the proper permits to do any work on City Council Minutes January 7, 1997 Page 5 p rivate property. He continued by confirming the City has total control of each location and that the antennas would be less obtrusive than a tower.. Also, the antennas could moved with no cabling n or trenching n required; and, that the modem plugs into any be m g 9 source and would require only one phone line. Mayor Pro Tem Ferraro moved to adopt staff recommendation, seconded by Councilwoman Lyon. Motion carried. Impact of Proposition 218 on Landscaping and Lighting District (901 X 1204) Senior Engineer Allison presented the staff memorandum on January 7, 1997 and the recommendations to 1) Authorize staff to modify the current Landscaping and Lighting District by deleting Park and Trails facilities in accordance with the provisions of Proposition 218. 2) Authorize staff to begin the annual review .proceedings for the modified District. A brief discussion then followed relative to the effects that Proposition 218 would have on this District since it eliminated the maintenance budget for all parks which are considered a general benefit and not within -the public right -of -way. Mayor Pro Tem Ferraro moved, seconded by Councilwoman Lyon to adopt staff recommendations. Motion carried. Landscaping and Lighting District - Professional Services Agreement 901 X 1204) Senior Engineer Allison presented the staff memorandum of January 7, 1997 and the recommendations to 1) Award a professional services contract with Berryman & Heni g ar, Inc. for the preparation of the Engineer's Report for the Landscaping and Lighting District, for a not to exceed amount of $8,700. 2) Authorize the Mayor and the City Clerk to execute a professional services agreement with Berryman & Henigar, Inc. Councilman Byrd moved, seconded by Mayor Pro Tem Ferraro to adopt staff recommendation. Motion carried. Appointment of Councilmembers to Committee and Organizations (301 X 306) City Clerk Purcell presented the staff memorandum of January 7, 1997 and the recommendation to select delegates and alternates to the various committees and City Council Minutes January 7, 1997 Page 6 organizations. Mayor McTaggart then referred to his schedule of Council assignments and it was the consensus to approve those assignments which would be effective until December 17, 1997. City Selection Committee - McTaggart/Ferraro; League of Cities - McTaggart/Ferraro; Scag - Ferraro /Lyon; SBCCOG - McTaggart/Ferraro; Sanitation District - McTaggart/Ferraro; SCJPIA - McTaggart/Ferraro; Contract Cities - McTaggart/Byrd; South Bay Juvenile Diversion - Ferraro /Hollingsworth; Chamber of Commerce - Entire Council; Palos Verdes Transit Authority - Byrd /Lyon, Ferraro - Secondary Alternate; Max Policy Steering Committee - McTaggart/Ferraro; Peninsula Law Enforcement - Lyon /Hollingsworth; League of Legislative Delegates - Lyon; West Basin Water District - Ferraro /Byrd; Santa Monica Bay Restoration - McTaggart/Byrd; C -MANC /Geology - McTaggart/Byrd; Long Point Development - Ferraro /Hollingsworth; Abalone Cove Park Renovation - Byrd /Lyon; Ocean Trails - Byrd /Lyon; Rolling Hills Estates Economic Development - Hollingsworth /Lyon; Western Avenue Corridor - Ferraro /Lyon; Redevelopment Agency Settlement Committee - McTaggart/Hol I ingsworth; Discussion of Tentative Agenda for January 21, 1997 (301 X 307) City Clerk Purcell presented the staff memorandum of January 7, 1997 and the recommendation to review the proposed agendas for January 21, and February 4, 1997 and determine if any changes are necessary. It was the consensus to address the "Q" Zone and Animal permits to the February 4, 1997 meeting and the remainder of the Code on January 21, 1997. In conclusion the tentative agendas were set as follows: January 21, 1997: Code Amendment No. 34; Height Variation No. 750 (Gantz); Moratorium exception; Kelvin Canyon EIR certification; Ten Year Tree Trimming contract. February 4, 1997: Whitley Collins Street Vacation; Minor Exception Permit No. 500; Mid Year Budget Review; Special Animal Perm it/Grandfathering; Master Calendar; Lower Hesse Park Development; Appointment of Committee Chairs; Planning Commission /Equestrian Committee Appointments. PUBLIC COMMENTS: City Council Minutes January 7, 1997 Page 7 Richard Bara, 1 Peppertree Road, agreed with Council decision to move the discussion regarding the proposed draft nonconformity language of draft Chapter 17.46 until the February 4, 1997 meeting. CLOSED SESSION REPORT: City Attorney Lynch reported that the Council discussed the case of Earl and Sharon Gantz vs. City of Ranch Palos Verdes. No action was taken on the matter. Council voted 4 -0 -1 (Councilwoman Lyon absent) to add discussion of the negotiations with Los Angeles County to the Redevelopment Agency Agenda. ADJOURNMENT: The meeting was adjourned at 11:00 P.M. on the motion of Mayor Pro Tem Ferraro. MAYOR Attest: �F City Clerk n:\ CLERKWIINUTES \CCMINW10797.CCM January 7, 1997 City Council Minutes Page