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CC MINS 19970401 ADJMINUTES RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING APRIL 1, 1997 The meeting was called to order at 7:00 P.M. by Mayor John C. McTaggart at the Hesse Park Community Center, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file. Roll call was answered as follows: PRESENT: Hollingsworth, Ferraro, Byrd, Lyon, and Mayor McTaggart. ABSENT: None. The Pledge of Allegiance to the Flag was led by Lois Larue. Also present were City Manager Paul Bussey; Assistant City Manager Brent Mattingly; City Attorney Carol Lynch; Public Works Director Les Evans; Finance Director Dennis McLean; Planning, Building & Safety, and Code Enforcement Director Carolynn Petru; Principal Planner Joel Rojas; Senior Planner David Snow; City Clerk Jo Purcell, and Recording Secretary Denise Bothe. RECYCLE DRAWING (1204 x 1301) Mayor McTaggart explained that because there was no recycle drawing winner for the month of March, two cards would be drawn this evening. Mayor McTaggart announced that the City of Rancho Palos Verdes will be hosting a free Household Hazardous Waste Round -Up on Saturday, May 10, 1997, 9: 00 A. M. to 3: 00 P. M. APPROVAL OF AGENDA: Mayor Pro Tem Ferraro moved, seconded by Councilwoman Lyon, to approve the Agenda. Motion carried. APPROVAL OF CONSENT CALENDAR: Councilman Hollingsworth requested that Agenda Item No. 4, Ordinance No. 322 (Campaign Expenditure Ceiling), be pulled from the Consent Calendar and considered separately. Lois Larue, 3136 Barkentine Road, spoke to several matters on the Consent Calendar: Minutes of March 3, 1997; contract for Palos Verdes Drive West Median Landscape Improvements at Hawthorne Boulevard; and Conflict of Interest. Councilwoman Lyon moved, seconded by Mayor Pro Tem Ferraro, to approve the Consent Calendar as follows: Waiver-of full reading of 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. Minutes (301) Approved the Minutes of March 4, 1997, as submitted. Ordinance No. 321 -- Zone Change No. 25 (1203 x 1802) Adopted Ordinance No. 321, approving Zone Change No. 25 for the properties located at 6108, 6118, and 6124 Palos Verdes Drive south, changing from RS -4 (Single - Family Residential) to CP (Commercial Professional) for properties at 6108 and 6118 Palos Verdes Drive South, and from RS -4 (Single - Family Residential) to I (Institutional) for property at 6124 Palos Verdes Drive South. (This Ordinance was introduced at the March 4 meeting.) Ordinance No. 322 -- Campaign Expenditure Ceiling (301 x 501) Considered separately on page 3. Claim against the City by Magda Cianciara for aSingle- Vehicle Accident (301 x 303) Rejected the claim and directed the City Clerk to notify the Claimant. Gifts for Parks (11201) Accepted the Gifts for Parks donations designated for REACH, the City's City Council Minutes April 1, 1997 Page 2 program for the developmentally disabled, from the Kiwanis Club of Palos Verdes Peninsula, Ms. Mei, and Ms. Kim, and directed Staff to prepare letters for the Mayor's signature, expressing the Council's thanks and appreciation. Award of Contract - Palos Verdes Dr. West Median Landscape Improvements - - Ryco Construction, Inc. (1204 x 1401) Awarded the contract for PVDW Median Landscape Improvements at Hawthorne Boulevard, to Ryco Construction, Inc., for an amount not to exceed $34,743, plus authorized Staff to spend an additional $2,100 for contingencies. 2) Authorized the Mayor and City Clerk to execute an agreement with Ryco Construction, Inc. Professional Engineering Services for FY 1996 -1997 Overlay Program Merit Civil Engineering - (1204 x 1404) 1) Awarded a professional services agreement to Merit Civil Engineering, Inc., in an amount not to exceed $118,500 and authorized Staff to spend an additional $6,000 for a total authorization of $124,500 for the design, inspection, pavement testing, and project administration services for the FY 1996 -1997 Overlay Program. 2) Authorized the Mayor and City Clerk to execute a Professional Services Agreement with Merit Civil Engineering, Inc. Resol. No. 97 -22 - Conflict of Interest -- Amendment to City's Designated Positions (301 x 1202) Adopted Resolution No. 97 -22 of the City Council of the City of Rancho Palos Verdes, adopting a Conflict of Interest Code which incorporates by reference the standard Conflict of Interest Code prepared by the Fair Political Practices Commission and repealing Resolution No. 94 -80. Register of Demands -- Resolution No. 97 -23 (602) Adopted Resol. No. 97 -23. Roll call vote on the above - mentioned motion (page 2) to approve Consent Calendar, as amended, Item Nos. 1 -3 and 5 -10 reflected unanimous approval as follows: AYES: Hollingsworth, Lyon, Byrd, Ferraro, and Mayor McTaggart City Council Minutes April 1, 1997 Page 3 NOES: None Ordinance No. 322 -- Campaign Expenditure Ceiling (301 x 1202) Adopted Ordinance No. 322 -- an Ordinance of the City of Rancho Palos Verdes establishing a voluntary Campaign Expenditure Ceiling for elections to City offices and amending the Rancho Palos Verdes Municipal Code. (This motion was introduced at the March 4 meeting.) Councilman Hollingsworth commented on changing his vote with respect to this item; and, requested that Staff provide further clarification as to how. this Ordinance will be handled. Councilwoman Ferraro moved, seconded by Councilwoman Lyon, to adopt Ordinance No. 322. The motion carried on the following roll call vote: AYES: Hollingsworth, Lyon, Byrd, Ferraro, and Mayor McTaggart NOES: None PUBLIC HEARINGS: Resolution No. 97 -24 - Amending Use of Measure "A" Funds City Clerk Purcell confirmed that notice of this hearing was duly published and that no written protests were received by the City, following which Mayor McTaggart opened the public hearing on this matter. Finance Director Dennis McLean provided input concerning the Amendment to the Use of Measure "A" Funds and the following recommendations: Adopt the proposed resolution approving an amendment to the previous application submitted to the County of Los Angeles for expenditure of the City's allocation of specific project Measure "A" funds for the expansion of Point Vicente Interpretive Center. The following individuals commented on the proposed use of Measure "A" funds: Lois Larue, 3136 Barkentine; Ken Riedman, 3668 Cliffside Drive; and MaryJane Bloomingdale, 16 Martingale Drive. Councilman Byrd moved, seconded by Councilwoman Ferraro, to adopt Resolution No. City Council Minutes April 1, 1997 Page 4 97 -24 -- A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES AMENDING THE LIST OF SPECIFIED PROJECTS APPROVED FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT SPECIFIC PROJECT GRANT PROGRAM. Roll call vote reflected unanimous approval. Code Amendment No. 34 and Environmental Assessment No. 694 -- Amendments to Titles 16 and 17 of the City's Municipal Code (1203 x 1801) Mayor McTaggart opened discussion of this continued public hearing on Code Amendment No. 34 and Environmental Assessment No. 694 -- Amendments to Titles 16 and 17 of the City's Municipal Code (Development Code Revisions). Principal Planner Joel Rojas and City Attorney Lynch provided input concerning Staff s report and highlighted the following recommendations: 1) Adopt the proposed resolution thereby approving Negative declaration for Environmental Assessment No. 694 regarding certain amendments to Titles 16 and 17 of the City's Municipal Code; and 2) Reintroduce Ordinance No. 320 for amendments to Titles 16 and 17 of the Rancho Palos Verdes Municipal Code. Responding to Mayor McTaggart's inquiry regarding the sale of a vacant, undeveloped parcel, City Attorney Lynch advised that a new owner wishing to keep animals on the vacant and undeveloped parcel would have to receive the approval of the Equestrian Committee. The following members of the audience commented on their opposition to Staffs recommendation: Jacki McGuire, 4935 Rolling Meadows Road; Elmer Wilson Grimes, 6 Branding Iron Lane; Sunshine, 6 Limetree; Kay Bara, 1 Peppertree Drive; Pam Turner, 25930 Rolling Hills Road; and John Howard, 24260 Neece Avenue. Robert Maxwell, 7 East Pomegranate Road, highlighted his concurrence with some of the provisions in the Code amendments. Sepp Donahower, 3 West Pomegranate Road, requested that language pertaining to change of land ownership within a family also include provisions for transfer of ownership to a child /offspring; and expressed his opinion that the Code Amendment is too restrictive. There being no objection, Mayor McTaggart ordered the public hearing closed. Per inquiries from Council, City Attorney Lynch supplied input concerning the City Council Minutes April 1, 1997 Page 5 role and authority of the Equestrian Committee; and Council discussion ensued with regard to limiting related fees, especially for children's 4 -H clubs and similar groups. It was the consensus of Council that wording be added to reflect that the Equestrian Committee shall consist of up to nine volunteer members. Council comments centered on how this code now provided a mechanism for enforcement against a property owner who is inconsiderate of neighbors. It was argued, however, that the Code Amendments were too restrictive and could have a negative impact upon property values. Councilwoman Lyon moved, seconded by Councilman Byrd, for approval of the Development Code Revisions, approval of the Negative Declaration and adoption of Resolution 97 -25 -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL ASSESSMENT NO. 694 FOR AMENDMENTS TO TITLES 16 AND 17 OF THE MUNICIPAL CODE, AS AMENDED. The motion carried on the following roll call vote: AYES: Lyon, Byrd, Hollingsworth, and Mayor McTaggart NOES: Ferraro Councilwoman Lyon moved, seconded by Councilman Byrd, to approve the reintroduction of Ordinance No. 320 ADOPTING AMENDMENTS TO TITLE 16 AND 17 OF THE CITY OF RANCHO PALOS VERDES MUNICIPAL CODE. The motion carried on the following roll call vote: AYES: Lyon, Byrd, Hollingsworth, and Mayor McTaggart NOES: Ferraro Resol, No. 97 -26 - New and Revised Fees for Various Departmental Applications as a Result of the Comprehensive Development Code Update (1203 x 1801 ) City Clerk Purcell confirmed that notice of this hearing was duly published and that no written protests were received by the City, following which Mayor McTaggart opened the public hearing on this matter. Associate Planner Dave Snow fielded questions from Council with regard to various fee revisions. City Council Minutes April 1, 1997 Page 6 Taking into consideration the Council's concerns with respect to the amount of various fees, City Manager Bussey suggested that the fees may be set as low as possible until a determination can be made as to where the fees should be fixed. The Council concurred that a $20 fee be charged for the animal permits at this time and that the amount may be adjusted after a trial period. The $20 fee applies to Exotic Animal Permits, Large Domestic Animal Permits, and Conditional Large Animal Permits. There being no objection, Mayor McTaggart ordered the public hearing closed. Councilman Byrd moved, seconded by Councilwoman Lyon, to adopt Resolution No. 97 -26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 92 -68 (THE CITY'S FEE RESOLUTION) TO ESTABLISH NEW OR REVISED FEES FOR VARIOUS DEPARTMENT OF PLANNING, BUILDING AND CODE ENFORCEMENT APPLICATIONS IN RESPONSE TO THE COMPREHENSIVE DEVELOPMENT CODE UPDATE, AS AMENDED. Roll call vote reflected unanimous approval. Recess and reconvene: Mayor McTaggart declared recess at 8:30 P.M. At 8:40 P.M. the Council reconvened as the Redevelopment Agency, followed by the Maintenance Authority Commission. The regular City Council meeting was reconvened at 9:02 P.M. REGULAR BUSINESS: Request for Direction from Council on Property Acquisition for the Portuguese Canyon Drainage Project (1204 x ) With the aid of a map, Director Evans provided an overview of Staff report and the following recommendation: Direct Staff to (1) continue to obtain easements and prepare to condemn those easements which cannot be acquired; or (2) attempt to obtain "Right of Entry" agreements in lieu of easements. Jeanne Smolley, 56 Limetree Lane, addressed her support of the project, advising that she owns Lot Nos. 54, 55 and 56; and commented on what she perceived to be a sensitive issue of determining and locating property lines. City Council Minutes April 1, 1997 Page 7 Lois Larue, 3136 Barkentine Road, commended Director of Public Works Evans for acting in a timely manner with respect to a recent problem in the Portuguese Canyon; and she suggested that a smaller pipe be utilized for this proposed project. Council comments focused on including a 90 -day clause in the Right of Entry contract to assist with condemnation procedures; and, clarification that the Environmental Impact Report with regard to this property had been successfully completed. It was the consensus of Council that Staff proceed with the Right of Entry agreements. Management and Maintenance of Forrestal Property (305 x 1101) Senior Administrative Analyst Otto presented the Staff report and the following recommendation: If Council wished to consider having the Palos Verdes Peninsula Land Conservancy assist the City in the management of the Forrestal property, then direct Staff to work with the Conservancy to develop a management and maintenance agreement for the property. Bill Ailor, 1052 Via Palestra, President of the Palos Verdes Peninsula Land Conservancy, commented on the problems associated with unmanaged open spaces; and offered the services of the Conservancy to manage the work and long -term care and restoration of this area, assume the responsibility for cost of regular maintenance, habitat restoration, and trail maintenance. Mr. Ailor explained that because the Conservancy relies on donations and volunteers, an agreement with the City is being sought which guarantees the future of the property and requested that the Council consider the following options: 1) conservation easement held by the Conservancy or 2) Conservancy ownership of the property. Lillian Light, 2807 Pine Avenue, representing the Audubon Society, expressed her support for preserving the Forrestal property and requested that the City Council consider a transfer of ownership of the Forrestal property to the Palos Verdes Peninsula Land Conservancy. Douglas Stern, 2731 Coral Ridge Road, commented on the advantages of the City transferring an interest in the Forrestal property to the Palos Verdes Peninsula Land Conservancy. Wendy Millet, Executive Director of the Palos Verdes Peninsula Land Conservancy, highlighted the successful stewardship activities which have City Council Minutes April 1, 1997 Page 8 been accomplished at the Chandler Preserve. Lois Larue, 3136 Barkentine, expressed her opposition to the City transferring ownership of the Forrestal property to the Palos Verdes Peninsula Land Conservancy. Addressing Mayor McTaggart's comments, Mr. Ailor stated that mountain biking is ruining some of the flora and fauna in the Forrestal property; that the property is increasingly being abused by other types of activity; and noted that it is not the intention of the Conservancy to close the property off to the public, but to enhance the property's habitat value. Council discussion centered on safety issues with respect to this property (safety of the bluff surfaces, landslides, hydrology); whether there would be handicap accessibility to some of the trails; if this matter should be considered by the Parks and Recreation Committee; and, if the issues of hydrology, landslide issues, etc. required the input of the Planning Commission. In response to Council's inquiry, Mr. Ailor explained that without being issued a deed to the property or a conservation easement, the Conservancy would not be interested in restoring and maintaining this property. The recommendation was made that an ad hoc committee consider this issue and develop various suggestions for the maintenance and preservation of this property. Councilwoman Lyon and Councilman Byrd volunteered to work on the Ad Hoc Sub - Committee in further consideration of this issue and to develop suggestions for consideration by City Council. Resignation of Recreation & Park Committee Member Frances Giffin (301 x 1201) City Clerk Purcell reviewed Staff s recommendation to 1) accept the resignation of Recreation &Parks Committee Member Frances Giffin 2) instruct Staff to begin recruitment to fill the vacancy on this Committee; or 3) make an appointment from the list of candidates who previously applied for appointment to that Committee. Because the applications being considered were submitted in 1995, it was the consensus of the Council that the candidates be contacted to determine their interest and availability in being appointed to the Committee; and that this City Council Minutes April 1, 1997 Page 9 item be continued to a future meeting. Legislative Activity: AB 964 -- Landfill Alternative Daily Cover (3 06 x 1101) Senior Analyst Otto provided an overview of staff s report and recommendation to oppose AB 964 (Bowen), which proposes to require cities that use green waste as landfill alternative daily cover (ADC) to meet certain mandates. It was the consensus of Council to concur with Staff recommendation. ORAL CITY COUNCIL REPORTS: Mayor McTaggart provided a brief report with regard to NCCP issues and activities. PUBLIC COMMENTS: Lois Larue, 3136 Barkentine, thanked the City Council for its pleasant demeanor. ADJOURNMENT: The meeting was Officially adjourned at 10:12 P.M. to Wednesday, April 9, 1997, at 6:00 P.M. for a budget policies workshop. ATTEST: CITY CLERK OUP \CITYCLERK\MINUTES \040197CC.WPD a g R 14 t MAYOR City Council Minutes April 1, 1997 Page 10