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CC MINS 19970603 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JUNE 311997 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. Roll call was answered as follows: PRESENT: Hollingsworth, Ferraro, Byrd, Lyon & Mayor McTaggart ABSENT: None The Pledge of Allegiance to the Flag was led by City Manager Paul Bussey. Also present were City Manager Paul Bussey, Assistant City Manager Brent Mattingly, City Attorney Carl Lynch, Public Works Director Les Evans, Finance Director Dennis McLean, Planning, Building and Code Enforcement Director Carolynn Petru, Principal Planner Joel Rojas, Senior Planner David Snow, Associate Planner Gregory Pfost, City Clerk Jo Purcell, Recording Secretary Bernice Coyle, and other staff members. CEREMONIAL EVENT (304 X 1101) Departing Assistant City Manager Brent Mattingly was presented with a City plaque and expressed his appreciation for the wonderful opportunity to work with the City Staff, City Council and City Manager. RECYCLE DRAWING: (1204 X 1301) Mayor McTaggart asked Lois Larue to draw one card from the recycle bin. The Mayor then congratulated the winner, Jay Kuno, for being the recycler of the month of May and participating in the recycle program. APPROVAL OF AGENDA City Clerk Purcell reported the changes to the Agenda, announcing that the Guidelines for the 4d Permit which was carried over from the May 29th meeting would be heard after Item No. 11 and would be heard as Item No. 11(a). Councilman Byrd moved, seconded by Councilman Hollingsworth, for he approval of the Agenda. APPROVAL OF CONSENT CALENDAR City Clerk Purcell announced the change to the Consent Calendar follows: Mayor Pro Tem Ferraro requested that Item No. 2, The Establishment of Limited Parking Zones on Granvia Altamira, be removed from the Consent Calendar and considered separately. Lois Larue, 3136 Barkentine Road, commented on various Consent Calendar matters. MINUTES (301) Approved the Minutes of May 5, 1997 and May 6, 1997. FY 97-98 Agreement with Diana Cho & Associates for Community Development Block Grant (CDBG) Administration Consultant Services (601 X 1204) Authorized the Mayor and City Clerk to Sign an Agreement with Diana Cho and Associates to Provide Community Development Block Grant (CDBG) Administration Consultant Services for FY 97-98 for a Not-To-Exceed Amount of$20,000. Traffic Engineering Services (1204 X 1502) Awarded a professional services agreement to Willdan Associates, Inc., for traffic engineering services for FY 97-98 for a not-to-exceed fee of$30,000 and authorized the Mayor and City Clerk to execute said agreement. Amendment No. 5 to Agreement with All City Management Services (301 X 1401) Approved the Amendment to the September 1, 1992 Agreement with All City Management Services, Inc. for Crossing Guard Services for the School Year beginning July 1, 1997 through June 30, 1998. Resol. No. 97- 44 - Register of Demands (602) Adopted Resolution No. 97-44. The motion to approve the consent calendar carried on the following roll call vote: AYES: Ferraro, Byrd, Lyon, Hollingsworth, & Mayor McTaggart NOES: None Resol. No. 97-45 Establishment of Limited Parking Zones on Granvia Altamira (1204 X 1502) City Council Minutes June 3, 1997 Page 2 Director Evans presented the staff report of June 3 and the recommendation to adopt Resolution No. 97-45 Establishing a Limited Parking Zone of Fifteen Minutes on the North Side of Granvia Altamira from 120 Feet West of the Centerline of Hawthorne Blvd to 385 Feet West of the Centerline of Hawthorne Blvd. and on the South Side of Granvia Altamira from 350 Feet West of the Centerline of Hawthorne Blvd to 385 Feet West of the Centerline of Hawthorne Blvd. Mayor Pro Tem Ferraro expressed her concern with regard to a more restricted parking zone. After Council discussion of whether the proposed area of restricted parking was adequate, it was the consensus that the resolution should be modified to provide for restricted parking on both sides of Granvia Altamira from the existing area of restricted parking to Monero Drive. Councilman Byrd moved, seconded by Councilwoman Lyon to adopt Resolution 97-45 as amended, and the motion was unanimously carried as reflected by the following roll ca I I vote: AYES: Ferraro, Byrd, Lyon, Hollingsworth, & Mayor McTaggart NOES: None PUBLIC HEARING: Resol, No. 97-48 - Establishment of an Affordable Housing In-Lieu Fee (701 X 1203) Director Petru provided further clarification with respect to staff recommendations. Associate Planner Pfost, presented the staff report of June 3 and the recommendation to adopt the proposed resolution approving an affordable housing in-lieu fee in the amount of$1 per square foot of new residential construction, plus an associated 10% administrative fee. Lois Larue 3136 Barkentine Road, expressed her concern that the City provide affordable housing. Representing Kajima Corporation was Bruce Froehlich, 901 Corporate Center Drive, Monterey Park, who said that $3,500 a house plus ten percent administration fee is too costly. After discussion of this proposed fee and those fees charaged by other agencies, it was the consensus of Council to impose a $1 per square foot and that each housing tract map be given an approximate square footage of that house, and the fee be collected at City Council Minutes June 3, 1997 Page 3 the time public improvements are accepted. City Manager Paul Bussey pointed out that the developer is bonded forp ublic improvements which permits the leverage of not releasing the bondsunless they pay There being no response to the Mayor's call for public testimony, he ordered that the public hearing be closed. After additional discussion and clarification of the proposed resolution, City Attorney Lynch requested that the proposed resolution be brought back after the 8:30 P.M. recess for adoption by the Council. Later in the meeting, City Attorney Lynch summarized the changes to the proposed resolution: Sections 3, 51 6 and 8. Councilman Byrd moved, seconded by Councilwoman Lyon to adopt Resolution 97-48 as amended, adopting an affordable housing in-lieu fee and associated administrative fee as per Section 17.11.050 of the Rancho Palos Verdes Municipal Code, and the p motion was unanimously carried on the following roll call vote: AYES: Hollingsworth, Byrd, Ferraro, Lyon, & Mayor McTaggart NOES: None Resol, No. 97-46 - Citywide Landscaping and Lighting Maintenance District (901 X 1204) Mayor McTaggart opened the public hearing on this Landscaping and Lighting Maintenance District annual hearing and City Clerk Purcell reported that notice had been duly published and that no written protests were received by the City. Senior Engineer Allison presented the staff memorandum of June 3 and the recommendation to: (1) conduct a public hearing on the proposed levy and collection of assessments within the Citywide Landscaping and Lighting Maintenance District for Fiscal Year 1997-98 and the Engineer's Report prepared in connection therewith; 2) Adopt Resolution No. 97-46, A Resolution of the City Council of the City of Rancho Palos Verdes Confirming a Diagram and Assessment for the 1997-98 Fiscal Year in Connection with Citywide Landscaping and Lighting Maintenance District Pursuant to the Provisions of Part 2 of Division 15 of the California Streets and Highways Code. There being no response to the Mayor's call for public testimony, he ordered that the public hearing be closed. Councilwoman Lyon moved, seconded by Councilman Byrd to adopt Resolution 97-46 City Council Minutes June 3, 1997 Page 4 and the motion was unanimously carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, Hollingsworth, & Mayor McTaggart NOES: None Resol. No. 97-47 -Vacation of a Portion of a Riding and Hiking Easement (450 X1204 X 1408) Mayor McTaggart opened the public hearing on this request to vacate a riding and hiking easement over a portion of property located at 27719 Hawthorne Boulevard. City Clerk Purcell reported that this public hearing had been duly published and that no written protests had been received by the City. She noted distribution of a revised resolution on this matter. Sunshine, 6 Limetree Lane, Rancho Palos Verdes, voiced her opposition to staffs recommendation and submitted a written statement so stating. (This statement is on file with the City Clerk's Office.) There being no additional public testimony, the Mayor declared the public hearing closed. Councilwoman Lyon moved, seconded by Councilman Byrd to adopt Resolution 97-47 Vacating the City's Interest in a Portion of a Riding and Hiking Trail over Lot 155 of Tract 22200, and the Following Roll Call Vote Reflected Approval: AYES: Lyon, Byrd, Hollingsworth, & Mayor McTaggart NOES: Mayor Pro Tem Ferraro ABSENT: None REGULAR BUSINESS Residential Care Facilities (305 X 1101) Representing the Community Advocates for Responsible Environmental Safety (CARES) was Janet Gunter and Suzanne Strauss, 1825 S. Averill Avenue, San Pedro. With the aid of a map of the San Pedro area, they showed where they felt there was an overconcentration of special needs housing. They requested Council support legislation allowing more local control for locating these facilities. It was the consensus of Council to support such legislation. Lois Larue, 3136 Barkentine Road, commented on the need for this special care housing. City Council Minutes June 3, 1997 Page 5 RECESS and RECONVENE: At 8:30 P.M. Mayor McTaggart declared a recess. The meeting reconvened at 9:10 P.M. with the Council having conducted the business of the Redevelopment Agency and Maintenance Authority. Request for fee waiver - Mobil Service Station (11203 X 1804) Assistant Planner Kit Fox presented the June 3 staff report and the recommendation to deny the appellant's request to waive the $700 minor application appeal fee for the outdoor seating/dining area and the $940 major application appeal fee for the 6-month review of Conditional Use Permit No. 182 for the Mobil service station and convenience store at 28103 Hawthorne Boulevard. Nancy Moore, Villa Rosa, stated her request to have these fees waived inasmuch as she had paid a fee to appeal the original CUP issued for the expanded service station. Bill Meyers, 28103 Hawthorne Boulevard, presented a prepared statement opposing Mrs. Moore's request for this fee waiver. (Mr. Meyer's statement is on file with the City Clerk's Office.) Council discussion centered on the present fee policy of refunding the fee in the event the appeal is upheld, or whether to charge only one fee in this matter. It was argued, however, that a good deal of staff time is spent on these appeals and hence the necessity for charging them. Councilwoman Ferraro moved, seconded by Councilwoman Lyon to charge one fee of $940 for appeal of the six month review and outdoor seating; if the appeal is upheld then Mrs. Moore will get a refund. Council, at the time the appeal is heard, can make a determination of whether she gets a refund of all or part of her money, dependent upon whether Council upholds all or a part of the appeal. The Motion failed as reflected by the following roll call vote: AYES: Lyon, Ferraro NOES: Byrd, Hollingsworth, Mayor McTaggart Councilman Hollingsworth moved, seconded by Councilwoman Lyon, to reduce both fees by 20 percent. The motion carried on the following roll call vote: AYES: Byrd, Lyon, Ferraro,,Hollingsworth, NOES: Mayor McTaggart Guidelines for the 4d Permit (1203) Noting the receipt of new information on this matter which had been continued from the City Council Minutes June 3, 1997 Page 6 May 29 meeting, it was the consensus of Council to continue this matter to the next meeting to allow more time to review the matter. Council requested that staff modify the proposed guidelines and draft a listing of the concerns expressed by the U. S. Fish & Wildlife Service and the California Dept. of Fish & Game. Also, Council requested that staff include the acreage of Friendship Park and explain in detail the bond requirements. Resol. No. 97-49 -4d Permit Tract Map No. 46628 (1203 X 1411) Director Petru clarified that after Staffs discussions with the U. S. Fish & Wildlife Service, it is possible to act on this item even though the Council chose to continue the guidelines to the next meeting. Bob Trapp, 4100 MacArthur Boulevard, of the J.M. Peters Company reiterated Staff s comments on issuing the 4d Permit and expressed the need to move ahead and for the City to approve the 4d Permit for their application. Lois Larue, 3636 Barkentine Road, expressed her concern about saving both wetlands. Councilman Byrd moved, seconded by Councilwoman Lyon to approve Resolution 97-49, as Amended, Approving a 4d Permit to Allow the Removal of Coastal Sage Scrub Habitat in Conjunction with Vesting Tentative Tract Map No. 46628 (Subregion 1) and the Motion Carried as Reflected by the Following Roll Call Vote: AYES: Hollingsworth, Lyon, Byrd, Ferraro & Mayor McTaggart. NOES: None RECESS and RECONVENE At 10:25 P.M. Mayor McTaggart declared a recess. The meeting reconvened at 10:32 P.M. Resol. No. 97-50 - 4d Permit for Tract No. 46651 (Seabreeze) (1203 X 1411) Director Petru presented the June 3 staff report and the recommendation to adopt the proposed resolution issuing a "4d" permit. Additionally, she summarized the new Section 6 of the resolution. Lois Larue, 3136 Barkentine Road, commented on the Seabreeze Project. Bruce Froelich, 901 Corporate Center Drive, Monterey Park, expressed his concern with the word "review" in the letter from the Fish and Wildlife Service. Councilman Byrd moved, seconded by Councilwoman Lyon to adopt Resolution 97-50, as amended, Approving an Exemption from the Interim Habitat Loss 4d Rule Approval City Council Minutes June 3, 1997 Page 7 Process to Allow the Removal of Coastal Sage Scrub Habitat in Conjunction with Tract Map No. 46651 (Seabreeze Development) and the motion carried on the following roll call vote. AYES: Ferraro, Byrd, Lyon, Hollingsworth, & Mayor McTaggart NOES: None Marriott Lifecare Facility -Agreement for Environmental Consulting Services with Peri M u retta - (1203 X 1804) Senior Planner Snow presented the June 3 staff report and the recommendation to approve the agreement for Environmental Consultant Services between the City and Peri Muretta and authorize the Mayor and City Clerk to execute said agreement. Mayor Pro Tem Ferraro moved, seconded by Councilman Hollingsworth to approved staffs recommendation. The motion carried on the following roll call vote. AYES: Lyon, Byrd, Ferraro, Hollingsworth, & Mayor McTaggart NOES: None Pavement Management Program (1204 X 1404) The staff report on this matter recommended that Council receive and file the 1997 update to the Pavement Management Program. Mayor Pro Tem Ferraro so moved, seconded by Councilwoman Lyon and carried. Scenic Turnouts - Letter of Agreement - Metropolitan Transportation Authority (11204 X 1505) Senior Engineer Allison presented the staff report of June 3 and the recommendation to 1) Authorize the Director of Public Works to execute a letter of Agreement with the Metropolitan Transportation Authority for the Scenic Turnout Project to construct two scenic turnouts along Palos Verdes Drive West and South; and, 2) Authorize staff to reduce the City contribution to the project from $112,000 to $30,000. Lois Larue suggested changing the sign on Hawthorne Boulevard to read "Rancho" Palos Verdes Scenic Turnout. Mayor Pro Tem Ferraro moved, seconded by Councilman Hollingsworth to approve staffs recommendation. The motion carried on the following roll call vote: AYES: Hollingsworth, Byrd, Lyon, Ferraro, & Mayor McTaggart NOES: None City Council Minutes June 3, 1997 Page 8 Resol. No. 97-51 - Palos Verdes Shoreline Park (I 101 X 1201) Assistant to the City Manager Rick Otto presented the staff report of June 3 and the recommendation to adopt the resolution indicating the City's Interest in acquiring Palos Verdes Shoreline Park. Councilwoman Lyon moved, seconded by Councilwoman Ferraro to adopt Resolution 97-51 Indicating the City's Interest in Acquiring Palos Verdes Shoreline Park from the County of Los Angeles. Lois Larue, 3136 Barkentine Road, commented on the cost of Shoreline Park. The motion carried as reflected by the following roll call vote: AYES: Ferraro, Hollingsworth, Byrd, Lyon, & Mayor McTaggart NOES: None Appointment to View Restoration Commission (106 X 301 X 1806) City Clerk Purcell presented the staff report of June 3 and the options that Council had to consider: 1) Appoint a candidate to fill the vacancy; 2) Leave that position vacant; or, 3) Direct staff to conduct another recruitment. .Councilman Byrd moved, seconded by Councilwoman Lyon to not vote on this matter. There being objection to the motion, it was decided by Mayor McTaggart not to vote, and suggested that City Clerk Purcell set a date for interviews. Councilman Hollingsworth moved, seconded by Councilman Byrd, not to replace the person until December, and the motion carried as reflected by the following roll call vote: AYES: Lyon, Byrd, Hollingsworth, & Mayor McTaggart NOES: Ferraro PUBLIC COMMENTS Sunshine, 6 Limetree Lane, expressed concern about completing installation of the landscaping on the Tramonto Project so that it would not interfer with the existing trail. Lois Larue, 3136 Barkentine Road, commented on the untimely availability of the package, and that Guidelines for the 4d Permit should not have been discussed at this evening's meeting. City Manager Paul Bussey provided clarification of the City's Policies and Procedures City Council Minutes June 3, 1997 Page 9 regarding the package. With regard to the hearing on the 4d Permit, he noted that the matter had been heard by the Council on May 29 and was legitimately carried over to this meeting. ADJOURNMENT: The meeting was officially adjourned at 11:35 P.M. Saturday, June 7 at 9:00 A.M. for a Community Leader Breakfast at Hesse Park, with said meeting to be adjourned to Monday, June 9 for a budget workshop in the City Hall Community Room. MA OR ATTEST: ITY CLERK 060397.CCM City Council Minutes June 3, 1997 Page 10