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CC MINS 19970701MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 11 1997 This meeting was called to order at 7:09 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: Lyon, Byrd, Ferraro, Hollingsworth and Mayor McTaggart ABSENT: None Also present were: City Manager Paul Bussey; City Attorney Carol Lynch; Finance Director Dennis McLean; Staff Planner Traci Nelson; Senior Analyst Rick Otto; Planning, Building & Code Enforcement Director Carolynn Petru; Principal Planner Joel Rojas; and Recording Secretary Cindy Schreiber. RECYCLE DRAWING (1204 x 1301) Mayor McTaggart asked Lois Larue to draw one card from the recycle bin. The Mayor then announced the winner for the month of June, Mr. Howard Blumberg, and explained how the recycle drawing incentive program worked. APPROVAL OF AGENDA Mayor Pro Tem Ferraro moved, seconded by Councilwoman Lyon to approve the Agenda. Motion carried. APPROVAL OF CONSENT CALENDAR Lois Larue, 3136 Barkentine, spoke to the following Consent Calendar matters: lack of detail and errors in the minutes; and her opposition to the $15,000 contract with Charles Abbott Associates. Councilman Hollingsworth moved, seconded by Mayor Pro Tem Ferraro to approve the Consent Calendar as follows: Minutes (301) Approved the Minutes of June 3 and June 9, 1997. Resol. Nos, 97 -57, 58 & 59 -1997 General Municipal Election (301 x 501) Adopted Resolution No. 97 -57 - Calling and Giving Notice of the Holding of a General Municipal Election to Be Held in Said City on Tuesday, November 4, 1997, for the election of Certain Officers of Said City as Required by the Provisions of the Laws of the State of California Relating to General Law Cities. Adopted Resolution No. 97 -58 - Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services to the City Relating to the Conduct of a General Municipal Election to Be Held on Tuesday, November 4, 1997. Adopted Resolution No. 97 -59 - Adopting Regulations for Candidates for Elective Office, Pertaining to Materials Submitted to the Electorate of and the Costs Thereof for the General Municipal Election to Be Held in Said City on Tuesday, November 4, 1997. Acceptance of Easement for McCarrell Canyon Drainage Inlet Improvement (450 x 1204) Accepted the Grant of Easement Deed for the drainage inlet easement at property address 6359 Tarragon Road so that an improved drainage inlet structure may be constructed. on Palos Verdes Drive South at McCarrell Canyon; (2) Authorized the Mayor and City Clerk to sign the Certificate of Acceptance; and (3) Directed the City Clerk to record the easement with the Los Angeles County Recorder's Office. Resol. Nos. 97 -60 & 61 - Continuing Appropriations and Budget Reductions (602) Adopted Resolution No. 97 -60 - Amending Resolution No. 97 -55, the budget appropriation for fiscal year 1997 -98, to continue certain expenditure appropriations from fiscal year 1996 -97. Adopted Resolution No. 97 -61 - Amending Resolution No. 96 -36, the budget appropriation for fiscal year 1996 -97, to reduce the budget for the above continuing appropriations and for certain projects which were re- budgeted in the fiscal year 1997- 98 budget. Resol. No. 97 -62 - Transfer of Funds from the General Fund to the FY 1996 -97 Maintenance Authority's Portuguese Bend Fund Budget (602 X 2200) Adopted Resolution No. 97 -62 - Amending Resolution No. 96 -37, the budget appropriation for fiscal year 1996 -97, to transfer $12,000 from the General Fund to the City Council Minutes July 1, 1997 Page 2 Maintenance Authority's Portuguese Bend fund. Award of Professional Services Contracts for Contract Administration, Street Design, Drainage Design & Landscape /Park Design (1204 X 1404 X 1405) (1) Approved a Professional Services Agreement with CBM Consulting Inc., in the amount of $15,000 for contract administration services and authorized the Mayor and City Clerk to execute same. (2) Approved a Professional Services Agreement with Charles Abbott Associates in the amount of $15,000 for contract administration services and authorized the Mayor and City Clerk to execute same. (3) Approved a Professional Services Agreement with Merit Civil Engineering, Inc., in the amount of $15,000 for contract administration services and authorized the Mayor and City Clerk to execute same. (4) Approved a Professional Services Agreement with Jon David Cicchetti in the amount of $15,000 for landscape /park design services and authorized the Mayor and City Clerk to execute same. Loan Agreement between the City and the Redevelopment Agency for Fiscal Year 1996 -97 and FY 1997 -98 (1101 X 1900) Authorized the Mayor and the City Clerk to execute the proposed loan agreement between the City and the RDA to fund RDA activities in FY 1996 -97 and FY 1997 -98 for the Portuguese Bend fund. (This proposed additional loan totaling $350,000 will fund RDA activities in the amount of $150,000 for FY 96 -97 and $200,000 for FY 97 -98.) Resol. No. 97 -63 - Designation of Authorized Signatures on Bank Accounts and Authorizing the Use of Facsimile Signature Plates (602) Adopted Resolution No. 97 -63, (1) to Amend Resolution No. 92 -123, whereby, the City Council will be able to designate authorized signatures for the City's accounts with Bank of America, or any other financial institution; and (2) to authorize the use of facsimile signature plates of the City Manager and Finance Director for check writing transactions from the City's general disbursements and payroll accounts with Bank of America. Resol, No. 97 -64 - Register of Demands (602) Adopted Resolution No. 97 -64 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: City Council Minutes July 1, 1997 Page 3 AYES: Lyon, Hollingsworth, Byrd, Ferraro and McTaggart NOES: None PUBLIC HEARING View Restoration Permit No. 29 Appeal (1203 X 1806) Per Mayor McTaggart's request, City Attorney Lynch explained the City's role with regard to an Appeal. Councilman Byrd pointed out that the Appellant and Applicant were not properly notified that additional information had to be submitted in writing seven days prior to the meeting, and it was agreed by Mayor McTaggart that for this Appeal, additional information would be accepted orally during the public hearing. Staff Planner Nelson presented the staff report of July 1, 1997 and the recommendation to adopt the proposed resolution affirming the decision of the View Restoration Commission and approving View Restoration Permit No. 29 upon the finding that all applicable findings have been correctly made and all provisions of Section 17.02.040(C)(2) have been complied with. Appellant Jon Echevarrieta, 30327 Ganado Drive, voiced his opposition to the staff recommendation to affirm the decision of the View Restoration Committee, pointing out the adverse implementation of Proposition M. Mr. Echevarrieta asked the Council to rescind the View Restoration's decision of topping and killing rather than lacing Pine Tree No. 4 and the Ash tree without his consent or court order of just compensation. Applicant Norbert Keilbach, 3632 Greve Drive, presented his full and complete endorsement of the staff recommendation to restore the view he originally had when he bought the property, emphasizing that every member of the Commission had visited the site and unanimously made the recommendation. Mr. Keilbach urged the Council to approve the staff recommendation. Roy Loren, 30419 Ganado Drive, voiced his support of the Appeal, commenting that the view considerations were overriding all others, resulting in a heavy bias in favor of view applicants. Citing the example of Jon Echevarrieta, Mr. Loren remarked that the View Commission seemed unaware of the need for fair and just compensation for destruction and damage to property of foliage owners. He further stated that it appeared that the negative impact of the implementation of the View Ordinance was City Council Minutes July 1, 1997 Page 4 causing homeowners to avoid Rancho Palos Verdes, noting that the situation can only lead to the devaluation of all homes in Rancho Palos Verdes. Mr. Loren concluded with a request for a moratorium to be placed on the implementation of the view ordinance until the full impact on the community was evaluated and commensurate changes were made. .Steve Miam, 30333 Ganado Drive, expressed his opposition to the staff s recommendation, commenting on a letter he had received from Mr. Keilbach and pointing out that he hoped the Council would look for a compromise between the two parties to bring some peace back to their neighborhood. Mr. Miam, referring to point 8 of the staff report on privacy, noted that if trees 1, 2, and 3 were removed there would be an unobstructed view into their yard, their family room and his daughters' bedrooms, and asked the Council to review point 8 where it stated privacy was not an issue. A lengthy discussion ensued relative to clarification of the ordinance and possible solutions. Mr. Jon Echevarrieta, expressed his opinion that there were a lot of things wrong with the implementation of the Ordinance and that he did not think it could be solved in one session. He asked that everyone look at it again and put out something to the voters. Additional discussion was held regarding clarification of the Ordinance and it was suggested that the item be sent back to the View Restoration Commission. Mr. Norbert Keilbach urged the Council not to send it back to the View Restoration Commission, explaining that the matters had already been discussed at length by the View Restoration Commission. Mr. Keilbach remarked that he had already offered to pay for replanting bushes that would not exceed the ridge line and pointed out that the loss of his view would make a $50,000 difference in the value of his home. Further discussion ensued regarding the importance of the privacy issue and remanding the Appeal. Councilman Byrd moved, seconded by Mayor Pro Tem Ferraro, to remand the Appeal back to the View Restoration Commission and refund the Appeal fee to the Appellant. Motion carried. RECESS and RECONVENE: At 8:28 p.m., Mayor McTaggart declared a recess. The meeting reconvened at 8:41 p.m. with the Council conducting the business of the Redevelopment Agency and Maintenance Authority Commission. City Council Minutes July 1, 1997 Page 5 REGULAR BUSINESS Resol. No. 97 -65 - NCCP Interim Habitat Loss (4d) Permit Process (1203) Principal Planner Joel Rojas presented the staff memorandum of July 1, 1997 and the recommendation to Adopt Resolution No. 97 -65, approving a Coastal Sage Scrub Interim Habitat Loss Permit Process, pursuant to the Section 4(d) "Special Rule" of the Federal Endangered Species Act. Lois Larue, 3136 Barkentine, requested recognition for Principal Planner Rojas and expressed concerns regarding the Sacred Cove Geologic Investigation Permit. Councilman Byrd made a motion, seconded by Councilwoman Lyon, to adopt Resolution No. 97-65. Discussion of the motion centered on the wording of the third goal and it was the consensus to state the goal as follows: "To establish a review process which is consistent with one of the goals identified in the City's General Plan, which is 'provide for the protection of life and property from both natural and man -made hazards within the community'." Said amendment was accepted by the motion's maker and second. Further discussion was held on the permit process. The motion to adopt Resolution No. 97 -65 as amended carried on the following roll call vote: AYES: Hollingsworth, Byrd, Lyon, Ferraro and McTaggart. NOES: None Bed and Breakfast Inn Non - conformity Determination (1203) Principal Planner Joel Rojas presented the staff memorandum of July 1, 1997 and the recommendation to: 1) Deny the applicant's request to be "grandfathered" as a pre- existing legal nonconforming use in a residential zoning district; and 2) Deny the applicant's fee waiver request. City Attorney Lynch clarified for the Council what constitutes abandonment of use. Marsha Exley, 4273 Palos Verdes Drive South, explained that her mother -in -law had previously operated the Bed and Breakfast and admitted it was her mistake not to renew the license. Ms Exley stated she has spent the last few months preparing her City Council Minutes July 1, 1997 Page 6 home for her business, but the $2,400 application fee is out of her range. Lois Larue, 3136 Barkentine, spoke in support of Ms. Exley's request. A general discussion ensued on possible solutions for the matter. Councilwoman Lyon motioned, seconded by Councilman Byrd, to allow Ms. Exley to pay the back business license fees of approximately $260 and "grandfather" in her Bed and Breakfast. The motion was carried on the following roll call vote: AYES: Hollingsworth, Lyon, Byrd, Ferraro and McTaggart NOES: None Resol. No. 97 -66 - Disabled Parking Enforcement by Volunteers on Patrol (301 X 1206) There being no response to the Mayor's call for public testimony, Councilman Byrd moved, seconded by Councilwoman Lyon, to waive the reading of the staff report and Adopt Resolution No. 97-66 of the City Council of the City of Rancho Palos Verdes Establishing a Special Volunteer Enforcement Unit for Disabled Parking Violations. The motion carried on the following roll call vote: AYES: Hollingsworth, Lyon, Byrd, Ferraro and McTaggart NOES: None Ordinance No. 324 - Regulation of Itinerant Vendors (1101 X 1502) There being no response to the Mayor's call for public testimony, Councilman Byrd moved, seconded by Councilwoman Lyon, to waive the reading of the staff report and Adopt the staff recommendation to: Waive further reading and introduce ordinance No. 324 An Ordinance of the City of Rancho Palos Verdes regulating Itinerant Vendors and Amending the Rancho Palos Verdes Municipal Code. The motion carried on the following roll call vote: AYES: Lyon, Byrd, Hollingsworth, Ferraro and McTaggart NOES: None ORAL CITY COUNCIL REPORTS Councilwoman Lyon invited everyone to attend the Fourth of July event. City Council Minutes July 1, 1997 Page 7 Mayor McTaggart reported on his review of the Palos Verdes Estates' tape from their last city council meeting held on Monday night, noting that a couple of members of the Palos Verdes Estates City Council mentioned that Rancho Palos Verdes was trying ace them out on a deal with the school district over some property. The statement was made that a proposal was given by Rancho Palos Verdes to the School District to purchase property with Measure "A" funds. Not having or knowledge about that, Mayor Y McTaggart queried the City Manager, and was informed that the City Manager had a meeting with the Superintendent who asked if the City would be willing to negotiate with the District for the purchase of the Portuguese Bend fields. Mayor McTaggart explained that wasn't reported to the Council so he could not have written a letter to ace them out. Mayor McTaggart clarified that no agreement or contractual obligation was offered, and they never went to the County to ask to use Measure "A" money to purchase school property. Mayor McTaggart advised that since the property was already preserved and the public already owned it, he didn't feel they needed to own it twice. Mayor McTaggart concluded by saying a letter on the matter would be posted. City Manager Bussey reported on his attendance at the Core of Engineers F3 Report with the staff, Councilwoman Byrd and Mayor McTaggart. During the discussion, it was decided that a number of issues needed to be refined, so the meeting was adjourned without making any decision, to be reconvened sometime in the future. PUBLIC COMMENTS Lois Larue, 3136 Barkentine, expressed her appreciation to Mayor McTaggart. City Manager Bussey reminded the Council and the Staff that there would be a retirement ceremony for Anna Davis, Wednesday, 6:00 p.m. in the Fireside Room at Hesse Park. ADJOURNMENT The meeting was adjourned at 9:45 p.m. on motion of Councilman Byrd. ATTEST: C CLERK N: OUP\CITYCLRKWIINUTES\CCMINS1070197CC. W PD mAybR', City Council Minutes July 1, 1 997 Page 8