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CC MINS 19970204MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FEBRUARY 4, 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, City Attorney Carol Lynch, Public Works Director Les Evans, Planning, Building & Safety Director Carolynn Petru, Principal Planner Joel Rojas, Assistant Planner Fabio deFreitas, Finance Director Dennis McLean, Recreation and Park Director Ron Rosenfeld, City Clerk Jo Purcell, and Recording Secretary Jennifer Baum. APPROVAL OF AGENDA: It was the consensus to delete discussion of the Development of Lower Hesse Park and consider it at the budget issues workshop. Mayor Pro Tem Ferraro moved, seconded by Councilman Hollingsworth to approve the Agenda. Motion carried. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine, expressed concern about work being done at Tract No. 45667 and the possible destruction of some archaeological artifacts. Mayor Pro Tem Ferraro moved, seconded by Councilman Byrd to approve the Consent Calendar as follows: Minutes (301) Approved the minutes of January 25 and 28, 1997. Tree Trimming and Maintenance Contract (1204 x 1407) 1) Awarded the Fiscal Year 1996 -97 Tree Maintenance Contract to Golden Bear Arborists, Inc., 2) Authorized the Mayor and City Clerk to execute the contract documents. Exoneration and Replacement of Subdivision Agreement and Performance Bonds for Tract 45667 - Haseko (11204 x 1411) 1) Accepted the new Subdivision Agreement by CCL Development, Inc. 2) Exonerated Haseko Townhomes, Inc. and A & H Associates by releasing bonds and agreements. Gifts for parks (1201) 1) Accepted the gifts for parks donations. 2) Directed staff to prepare letters for the Mayor's signature expressing Council's thanks and appreciation. Selection of Consultant to advise on Long Point (1203 x 1804) Directed staff to prepare a consulting agreement with PMW Associates to provide assistance to the City in evaluating various aspects of the Long Point/City proposed joint golf development. Resol. No. 97 -05 - Register of Demands (602) Adopted Resol. No. 97- 05, 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: It was the consensus of Council to hear item 10 (Minor Exception Permit No. 500) before Code Amendment No. 34. Minor Exception Permit No. 500 Appeal (1203 x 1804) City Council Minutes February 4 1997 Page 2 Mayor McTaggart opened this public hearing on this Minor Exception Permit No. 500 to allow an antenna tower which, at its fullest extension, would measure 107 feet. Assistant Planner deFreitas presented the staff memorandum of February 4, 1997 and the recommendation to deny the appeal of Minor Exception Permit No. 500 thereby upholding the Planning Commission's decision to approve the applicant's request for an amateur ham radio antenna, subject to conditions of approval regarding the placement, height, and operation of the proposed antenna, and direct staff to prepare the appropriate resolution for adoption at the Council's next regularly scheduled meeting. Peter Von Hagen, the applicant in this matter, stated that he felt his testimony and that of his witnesses was ignored by the Planning Commission and he stated his opposition to the conditions placed on the use of this proposed antenna. Representing the applicant was his attorney Paul Bruguera, who rebutted the remarks made in the January 30, 1997 letter from Assistant City Attorney Craig Steele. Referring to his Letter of January 20, 1997, Mr. Bruguera said that only a minor exception permit is required for the installation of an antenna. (Mr. Bruguera's letter is on file with the City Clerk's Office.) Speaking in favor of the application was Jay Halliday, 4855 Lowell Avenue, La Crescenta, who summarized his credentials and stated he felt that the restrictions placed on this application were unreasonable and not in accordance with PRB -1, the FCC Federally Mandated Regulations on amateur radio use. Richard Meyer, 4178 Maritime Road, said he felt this was a tempest in a teapot; that the Marineland Tower was never considered an eyesore; that there are antennas all over the City; that it will not be visible to the neighborhood; and, that in time of disaster, that HAM radio operators offer an important communication link. Representing those neighbors in opposition to the installation of this antenna tower was Roslyn Steward, who referred to her Points and Authorities submitted in opposition to the appeal submitted by Mr. Von Hagen to the conditions imposed by the Planning Commission. She summarized the case law supporting this opposition as outlined in her Points and Authorities. (Said document is on file with the City Clerk's Office.) Speaking in opposition to this antenna tower were the following residents of the neighborhood: John Jordan, 30759 Tarapaca Road; Ruth Racisz, 30751 Tarapaca Road; Janet Levering, 31281 Ganado Road; John Hewitt, 30760 Tarapaca Road; Keith Reynolds 30745 Tarapaca Road; Lincoln Haynes, 2821 Calle Aventura; Jane Jones, City Council Minutes February 4 1997 Page 3 2747 Vista Mesa Drive. Lois Larue also spoke to this issue. Foremost among the concerns of these residents was the height and appearance of this antenna tower; that essentially this tower was for a hobby for one person, yet it impacted the entire neighborhood; that its presence would lower the property value of adjacent homes; that permitting this tower would encourage other applications for similar towers; and, concern that this tower could withstand some of the gale force winds experienced in the area. Speaking in rebuttal, Ms. Stewart stated that neighbors would suffer a diminution in their property values because of the antenna; that once the antenna is erected it probably would not be taken down; that a shorter antenna would allow the applicant to communicate around the world; that the Planning Commission bent over backwards to accommodate Mr. Von Hagen, however he was unwilling to make any compromise; and, she requested that the appeal fee of $940 be returned to the appealing neighbors. She said that people in the area are fearful of the electromagnetic field created by the antenna and are also concerned about the amount of electronic interference they will experience with their own communication equipment. Speaking in rebuttal, applicant Von Hagen, stated that the City has to deal with the facts presented; that the sketch of the antenna presented by the neighbors was not accurate; that the tower he is proposing will withstand winds in excess of 100 MPH; that he has not yet decided what kind of an antenna he will place on the tower; that the neighborhood already has a lot of utility poles, satellites and antennas; that this was a structure that would not have any impact on the neighborhood; that there is no documentation that antennas lower property values; and, that the neighbors were unwilling to make any compromise and simply did not want any antenna in the neighborhood. He said that the imposed conditions fly in the face of PRB -1. Also speaking in rebuttal, Mr. Halliday explained the difference in using the HAM radio in daytime versus at night and said that with the proposed tower Mr. Von Hagen could communicate with any place in the world. He said that the anticipated radiation would be less with the higher antenna. Applicant Von Hagen explained the approval process required by Los Angeles County for such antennas; explained that he uses this hobby on weekends; that he is a contestant and that he operates probably three to four hours per day on the weekend. He rejected the suggestion that part of the tower be placed underground. City Council Minutes February 4 1997 Page 4 There being no further testimony, Mayor Pro Tem Ferraro moved, seconded by Councilman Byrd to close the public hearing. Motion carried. Recess: At 8:35 P.M. The mayor declared a recess. The meeting reconvened at 8:50 P. M. Council discussed that the Federal law does allow the City to have minimal restriction on these antennas; that the Planning Commission could not make findings to deny this request; and, that the conditions imposed did meet a balance of preserving property rights, aesthetics and view preservation. Also, it was felt that the applicant could transmit with a 40 ft. antenna. Councilwoman Lyon moved, seconded by Councilman Byrd to deny the appeal of Minor Exception Permit No. 500 thereby upholding the Planning Commission's decision to approve the applicant's request for an amateur ham radio antenna, subject to conditions of approval regarding the placement, height, and operation of the proposed antenna, and direct staff to prepare the appropriate resolution for adoption at the Council's next regularly scheduled meeting. Additionally, that the appeal fee be returned to the Homeowners Association. The motion carried on the following roll call vote: Ayes: Byrd, Lyon, Ferraro, Hollingsworth, and Mayor McTaggart Noes: None Code Amendment No. 34 and Environmental Assessment No. 628, Amendments to Titles 16 and 17 of the City's Municipal Code (1203 x 1801) Mayor McTaggart opened this public hearing on Chapter 17.46 (Equestrian Overlay District). Principal Planner Rojas presented the staff memorandum of February 4, 1997 and the recommendation to 1) Review the follow -up language amendments made to the final draft language of Chapter 17.46 (Equestrian Overlay District) draft Section 17.76.110 (Exotic Animal Permits), and draft Section 17.76.115 (Large Domestic Animal Permits); and, 2) Continue consideration of the amended Development Code to February 18, 1997. Councilwoman Lyon reported that the subcommittee (Lyon /Hollingsworth) worked toward balancing the rights of the residents and the horse owners. Speaking in favor of grandfathering were the following residents: *Charlene O'Neil, 38 City Council Minutes February 4 1997 Page 5 Headland Drive; Sherree Greenwood, 2543 Sunnyside Ridge Road; Jeanne Smolley, 56 Limetree Lane; Kay Bara, 1 Peppertree Drive; Sunshine, 6 Limetree Lane; Ed Sutton, 1 Pomegranate Road; Richard Bara, 1 Peppertree Drive; Enzo Giobbe, 10 Cherry Hill Lane; Gail Traughber, 1402 N. Cabrillo, San Pedro; and John Howard, 24260 Neece Ave, Torrance. (* Submitted a written statement to the City Clerk's Office.) 2 Lois Laure also spoke to this issue The comments of these speakers focused on clarification of the 35 ft. setback; the fact that there was adequate land in the Portuguese Bend Area for horsekeeping and that properties were adequately separated compared to the equestrian district on the east side; that allowing four horses and goats or sheep on a minimum acre lot would ensure weed abatement; that the language of the proposed code was too complex; that imposing the requirement to get permission from the Equestrian Committee to allow more than four horses was taking away a right; that more definitions of the terminology be made a part of the code; that there be further description of the "bin" required for composting of manure; that it was unfair to limit property owners of large parcels to four horses; that any proposed code that limited the number of horses diminished property values; and, that the best code was the one adopted in 1975. Speaking against grandfathering current conditions were the following persons: *Robert Maxwell, 7 E. Pomegranate Road and Toni Deeble, 3 E. Pomegranate Road. These speakers felt that residents who were boarding more than two or three horses were doing it for profit and that since this was a commercial operation it could not be grandfathered. ( *Mr. Maxwell submitted a written statement which is on file with the City Clerk's Office.) Council discussion ensued and it was argued that this was an elaborate solution to a small problem and that there was no need for the imposition of additional regulations. p g Discussion then moved to the technicalities of the subcommittee's recommendation: the fact that there was a basic right to have four horses on developed lots without any permit; that horsekeeping beyond the basic right would require the permission of the Director or Equestrian Committee; that animal permits issued by a the Equestrian Committee run with the owner and not with the land; that only legal conditions would be grandfathered; that exotic animal permits would run with the applicant and not with the land; that the effective date of the ordinance should be its adoption date; and, that the ordinance should be edited to the maximum extent possible for clarification and simplification. City Council Minutes February 4 1997 Page 6 Councilman Byrd moved seconded by Councilwoman Lyon to close the public hearing. Motion carried. Councilman Byrd moved, seconded by Councilwoman Lyon to approve the ordinance as amended. The motion carried on a four - one vote with Councilwoman Ferraro voting in opposition. Later in the meeting, the City Attorney summarized the changes made to the ordinance whereupon Ordinance No. 320 amending the City's regulations and procedures for the keeping of large domestic animals was introduced. Councilman Byrd moved, seconded by Councilwoman Lyon to introduce Ordinance No. 320. The motion carried on a four one vote with Mayor Pro Tem Ferraro voting in opposition. Recess & Reconvene: At 10:45 p.m. Mayor McTaggart declared a recess. The meeting reconvened at 10:55 P.M. Proposed 1997 -98 Community Development Block Grant (CDBG) Program (601 x 1204) Mayor McTaggart opened this public hearing regarding the proposed 1997 -98 Community Development Block Grant Program (CDBG) and the City Clerk reported that no written protests had been received by the City. Director Evans presented the staff memorandum of February 4, 1997 and the recommendation to 1) Conduct a public hearing to receive citizen input on the proposed 1997 -1998 Community Development Block Grant (CDBG) Program; 2) Approve proposed CDBG projects and budget; and 3) Authorize the Director of Public Works to execute agreements for CDBG projects with the Los Angeles County Community Development Commission. Speaking in opposition to the use of these CDBG funds was Lois Larue. There being no response to the Mayor's call for additional public testimony, he declared the hearing closed. Councilman Byrd moved, seconded by Councilman Hollingsworth to increase the contribution to the South Bay Free Clinic to make a total contribution of $5,000 and to approve the staff recommendation. The motion carried on the following roll call vote: AYES: Hollingsworth, Byrd, Lyon, Ferraro, and Mayor McTaggart NOES: None City Council Minutes February 4 1997 Page 7 Vacation of a portion of Whitley Collins Drive (1204 x 1408) Mayor McTaggart opened the public hearing on this matter and the City Clerk reported that notice had been duly published and that no written protests had been received by the City. Public Works Director Evans presented the staff memorandum of February 4 and the recommendation to continue the Public Hearing to February 18, 1997. Lois Larue expressed her dissatisfaction with the clean up efforts on the former Unocal gas station lot adjacent to this tract. Staff reported that Unocal had just started the second phase of remediation at this location. A brief discussion ensued and the suggestion was made that perhaps the homeowner association would consider using two observation booths and not close off the streets. Mayor Pro Tem Ferraro moved, seconded by Councilwoman Lyon to continue the matter to February 18. The motion carried. REGULAR BUSINESS: Resol. No. 97 -06 - Vacation of a portion of Seacliff Drive (1204 x 1408) Director Evans presented the staff memorandum of February 4, 1997 and the recommendation to adopt the proposed resolution Amending Resolution 95 -06, Previously Amended by Resolutions 95 -110 and 96 -53, in Connection with the Vacation of Palo Vista Drive and Seacliff Drive to Allow an Additional Six Months Time for the Homeowner's Association to Complete the Necessary Items of Work. Speaking to this matter was Kevin Sears, 3324 Palos Vista Drive, President of the Seacliff Hills Homeowner Association, who stated that he needs the signatures on only three more documents. He said that the homeowner were not requesting a guardhouse at the entrance to the subdivision. Council discussion centered on the width of these streets; the fact that they were not built to the usual subdivision standards; and, if the entrance to the tract would accommodate a gatehouse; the question was asked, however, that it was not possible to install a gate at the entrance if the residents would still be interested in privatizing the streets. City Council Minutes February 4 1997 Page 8 Mayor Pro Tem Ferraro moved, seconded by Councilwoman Lyon adopt Resol. No. 97- 06, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION 95 -06, PREVIOUSLY AMENDED BY RESOLUTIONS 95 -110 AND 96 -53, IN CONNECTION WITH THE VACATION OF PALO VISTA DRIVE AND SEACLIFF DRIVE TO ALLOW AN ADDITIONAL SIX MONTHS TIME FOR THE HOMEOWNER'S ASSOCIATION TO COMPLETE THE NECESSARY ITEMS OF WORK. The motion carried on a four - one vote with Councilman Byrd voting in opposition. Appointment of Planning Commissioner (106 x 301 x 1203) City Clerk Purcell presented the staff memorandum of February 4, 1997 and the recommendation to appoint a member to the Planning Commission vacancy with a term of office until December 1997, or until a successor is chosen. After seven rounds of voting, the Council unanimously appointed James Slayden to fill the vacancy on the Planning Commission with a term of office until December 1997, or until a successor is chosen. Appointment of Chairs for Commissions and Committees (106 x 301 x 602 x 1201 x 1203 x 1502 x 1806) City Clerk Purcell presented the staff memorandum of February 4, 1997 and the recommendation to make the selection of committee and commission chairs for the remainder of this calendar year or until successors are chosen. Council appointed the following chairs: Planning Commission - Donald Vanorsdall; Traffic Committee - James Baker; Finance Committee - Frank Lyon; Recreation & Parks Committee - Carol Hildreth; View Restoration Commission - Raymond Green. FYI 997-98 Budget Workshop Meetings (307 x 1101) City Manager Bussey presented the staff memorandum of February 4, 1997 and the recommendation to 1) Select a date in late March or early April for the City Council budget policy issues workshop. 2) Select two dates in late April or early May for the City Council budget review workshops. It was the consensus to hold a Policy Issue Workshop on (1) Tuesday, April 8, 1997 at 5:00 P.M., City Hall Community Room and to hold a budget review workshop on May 51 1997 at 7:00 P.M. , at Hesse Park. If necessary, a second review workshop would be held prior to the May 6 City Council meeting. City Council Minutes February 4 1997 Page 9 1997 City Council Calendar of Events (307 x 1101) City Manager Bussey presented the staff memorandum of February 4, 1997 and the recommendation to select dates for the 1997 Community Leaders Breakfast(s). Councilman Byrd moved, seconded by Councilwoman Lyon to continue to a later council meeting. Motion carried. Voting for board of directors for Portuguese Bend Community Association (1101 x 1900) City Manager Bussey presented the staff memorandum of February 4, 1997 and the recommendation to amend Council Policy Number 20 by adding the Portuguese Bend Community Association as an organization for which the Mayor, on behalf of the City, may cast his vote at the Association's elections. Also, the Council may wish to appoint a councilmember to attend Association meetings on behalf of the City and the RDA. Speaking to this matter was Daphne Clarke, 10 Peppertree, representing the Portuguese Bend Community Association, who said that for over ten years the City Council has had the right to vote in their elections and that announcements and ballots have been sent to the City. She requested that the City continue to return the ballots for the purpose of achieving a quorum. Staff reported that the announcements and ballots were not always received in time to submit on the Council agenda and therefore wanted to know if the Council wanted to adopt the proposed policy. It was the consensus that the Association would continue t0 send a ballot for the sake of achieving a quorum for their election. CLOSED SESSION REPORT: City Attorney Lynch made a Closed Session report as follows: Hunt et al vs. City of Rancho Palos Verdes, no action taken. For the following code enforcement matters: 1) 29615 Enrose, inoperable Vehicle - proceed with nuisance abatement process; 2) Malaga Canyon Abandoned Vehicle - proceed with nuisance abatement process; 3) 7 Packet Road, Property Maintenance - no action taken; 4) 27845 Western Avenue, Property Maintenance, Inappropriate Vehicle - proceed with nuisance abatement process; and 5) 3626 Hightide Drive, Property Maintenance - no action taken. PUBLIC COMMENTS: City Council Minutes February 4 1997 Page 10 Lois Larue commented on the appointment to the Planning Commission and the fact that Mr. Slayden was not an engineer. ADJOURNMENT: The meeting was adjourned at 12:15 A.M. on the motion of Mayor Pro Tem Ferraro. ATTEST: t k, ity Cler 497cc.wpd City Council Minutes February 4 1997 Page 11