Loading...
CC MINS 19970715MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 15, 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: Ferraro, Lyon, Byrd, Hollingsworth and Mayor McTaggart ABSENT: None Also present were: City Manager Paul Bussey; Director of Public Works Les Evans; City Attorney Carol Lynch; Finance Director Dennis McLean; Staff Planner Tracy Nelson; Senior Analyst Rick Otto; Planning, Building & Code Enforcement Director Carolynn Petru; Administrative Services Director /City Clerk Jo Purcell; Principal Planner Joel Rojas; and Recording Secretary Cindy Schreiber. Mayor McTaggart announced the City's free backyard composting workshop to be held on July 19, 1997 from 10:00 a.m. to 12:00 noon at the Hesse Park Multi- purpose Room. 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, commented on the following Consent Calendar matters: grammatical errors contained in staff memoranda; and several warrants listed on the Register of Demands: Dale Hinkle, P.E., Inc., Merit Civil Engineering, Inc.,Greg Pfost, The Sonshine Print Shop, California Water Service Co., and General Telephone Co. Councilman Byrd moved, seconded by Councilman Hollingsworth to approve the Consent Calendar as follows: Motion to waive full reading of ordinances presented at this meeting Adopted Motion to waive reading in full of all ordinances and resolutions presented at the meeting with consent of the waiver of reading deemed to be given by all Council members after the reading of the title. Resol. No. 97 -67 - Authorizing the City Manager to sign agreements for Federally funded Projects (601 X 1101) Adopted Resolution No. 97-67 authorizing the City Manager to sign agreements on behalf of the City of Rancho Palos Verdes for the Administration of the City Projects funded by the Federal Government as part of the Intermodial Surface Transportation Efficiency Act (ISTEA) of 1991. Ordinance No. 324 - Regulation of Itinerant Vendors (1101 X 1502) Adopted Ordinance No. 324 Regulating Itinerant Vendors and limiting the time they may park in any one location. Resol. No. 97 -68 - Increase in monthly payment to Mayor for travel to local meetings (602 X 306) Adopted Resolution No. 97-68, authorizing an increase of the monthly payment to the Mayor for travel to local meetings from $150 to $300. Resol. No. 97 -69 - Recommended Salary Ranges Adjustments (I 101 X 1202) Adopted Resolution No. 97 -69, establishing salary and hourly ranges for competitive and management employee job classifications. Contract for Geotechnical Consulting Services (1204) Extended the current contract with Dale Hinkle P.E. Inc. to September 30, 1997, until the Request for Proposals process has been completed. Resol. No. 97 -70 - Register of Demands (602) Adopted Resolution No. 97 -70. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: Ferraro, Lyon, Byrd, Hollingsworth and McTaggart NOES: None City Council Minutes July 15, 1997 Page 2 REGULAR BUSINESS Recorded Covenant to Maintain Property to Protect Views at 6162 Arrowroot Lane (1203 X 1806) City Clerk Jo Purcell announced a request by the attorney representing Mr. and Mrs. Koyano to continue the item. K. Doyle George, One World Trade Center, Suite 1600, Long Beach, Attorney for Kelly McBride, noted that on July 2, 1997, he had faxed a letter to James Uyeda, attorney for Mr. Koyano, to advise him that the matter was scheduled for the next available hearing date. (A copy of the letter was provided to each Council member). Mr. George noted that Mr. Uyeda did not notify him of his continuance request, and under those circumstances, he did not feel the continuance should be granted. Director Petru presented the staff memorandum of July 15, 1997 and the recommendation to Adopt Resolution No. 97 -71, directing staff to remove the Covenant to Maintain Property to Protect Views currently recorded against the property located at 6162 Arrowroot Lane. Kelly McBride, 6162 Arrowroot Lane, provided his comments in support of the staff recommendation, noting he did not dispute that the Koyanos' deserved to enjoy their view, but disagreed on what constitutes a significant view impairment. Mr. McBride advised that attempts to compromise had failed and that the Koyanos were now demanding to record additional covenants which would render his property unsalable. Mr. McBride explained that during his escrow, he had his attorney write a letter to the City to obtain a vegetation review, but, unfortunately, the City was not able to respond during the period of their escrow, and they found out, after their escrow had closed, how confusing the ordinance was. Mr. McBride stated that he had already cut his Eucalyptus tree down to a stump as it could not be reasonably maintained, he had trimmed the Willow tree down five feet as part of their demand and promised to maintain it in compliance with the staffs recommendation. However, a licensed arborist has indicated to him that if the Black Pine is cut lower than the current 20 feet, it will die. According to Mr. McBride, the Koyanos have refused to meet with the City at a round table to arbitrate the matter, and is convinced that if the Council did not vote to clear the covenant, the Koyanos would file suit to force him to cut his trees and pay for their attorney's fees. Mr. McBride concluded by thanking the Council for their time and attention and asked them to vote yes on the resolution. K. Doyle George added that they felt the view restoration process was the correct process and emphasized that the covenant agreement entered into before his clients City Council Minutes July 15, 1997 Page 3 bought the property was an agreement between the former owners and the City of Rancho Palos Verdes, long before Proposition M, and noted that there was now no reason for the covenant agreements. Lois Larue, 3136 Barkentine, provided her support of the staff recommendation, noting that the Koyanos have let their trees grow so high, their neighbors have lost their view completely. James Uyeda, 449 S. Figueroa St., Ste. 2700, referring to Mr. George's letter of July 2, 1997, stated that the hearing date provided in the letter was set on July 22, 1997 and that he was not notified that this hearing would be held one week earlier, on July 15, 1997, until receiving the packet on June 27, 1997. Noting numerous other matters Mr. Uyeda had to attend to, he requested the continuance on the issue. Mr. Uyeda clarified that they had not filed suit and that they had settled the matter at 18 feet on the trees until the McBrides found out the City Council was considering revoking the covenant. Mr. Uyeda further noted that the trees are currently at 26 feet, not 20 feet as previously mentioned and that the Koyanos have not received any complaints from other neighbors on the height of their trees. Presenting pictures to the Council from April, 1997, Mr. Uyeda stated that more than 50 percent of the ocean was covered. Mr. Uyeda commented that the real reasoning behind the planned action which was based upon Mr. George's arguments without his input, was that it would preclude his client from seeking even a view restoration permit. Mr. Uyeda noted that one reason he had requested the continuance was that one unintended, unforeseen consequence of revoking the covenant would be that the view restoration permit process would be precluded because they did not appeal within the 30 -90 day period from the code enforcement determination, thus, resulting in no remedies available. Yuki Koyano, 6161 Arrowroot Lane, stated that after Mr. McBride closed escrow on his property, told him that he was fully aware of the covenant and agreed to trim the trees as necessary. After several requests to Mr. McBride to trim the trees, he advised Mr. Koyano that according to the City, he was not required to do so. Mr. Koyano also disputed Ms. Larue's statement regarding his trees impairing the view of another neighbor. City Attorney Carol Lynch provided clarification on the rights of the owner to file an application under Proposition M and advised the Council that the Koyanos would not be prevented from filing a View Restoration application with the Commission. Discussion ensued among the Council members regarding Proposition M, and it was decided to agendize the removal of the covenants to maintain views. City Council Minutes July 15, 1997 Page 4 Councilman Byrd moved, seconded by Councilwoman Lyon, to accept the staff recommendation to adopt Resolution No. 97 -71, directing the staff to remove the Covenant to Maintain Property to Protect Views currently recorded against the property located at 6162 Arrowroot Lane. Motion carried. Resol. No. 97 -72 - Application for Proposition A Funds for the Construction of Debris Basins in Altamira Canyon (1204) Director of Public Works Les Evans presented the staff memorandum of July 15, 1997 and the recommendation to Adopt Resolution 97 -72, Approving the Application for Grant Funds from the Los Angeles County Department of Public Works Santa Monica Bay Competitive Grant Program. Lois Larue, 3136 Barkentine, voiced her opposition of the use of Proposition A funds for the construction of debris basins in Altamira Canyon, noting the 800 petitions provided by the Homeowners' Council suggesting the moratorium not be lifted in Zone 2 for building. In response to the Council's inquiry, Director of Public Works Les Evans advised that there would be two debris basins, both with earthen bottoms. Mr. Evans further noted that the earthen basins were less expensive to build and maintain and that the concrete structures, while more expensive, were not necessarily environmentally compatible. Mayor Pro Tem Ferraro moved, seconded by Councilman Byrd, to accept the staff recommendation to Adopt Resolution No. 97 -72, Approving the Application for Grant Funds from the Los Angeles County Department of Public Works Santa Monica Bay Competitive Grant Program for the Altamira Canyon Debris Basins. Motion carried. RECESS and RECONVENE: At 8:12 p.m., Mayor MCTaggart declared a recess. The meeting reconvened at 8:22 p.m. Policy issues related to the implementation of Municipal Code Section 17.02.040 regarding view impairment caused by foliage (1203 X 1806) Principal Planner Joel Rojas presented the staff memorandum of July 15, 1997 and the recommendation to Review and consider the issues, and provide Staff with Direction. Mayor McTaggart provided clarification on the Ordinance, stating there was no intent to grandfather foliage, only views. Warren Sweetnam, 7 Top Rail Lane, speaking as One of the drafters of Proposition M, City Council Minutes July 15, 1997 Page 5 provided clarification on the development of the proposition and suggested that if a fee for enforcement of the ordinance was to be implemented, it should be paid by the person violating the code. Mr. Sweetnam further stated that at the time the ordinance was set up, the View Restoration Committee expected it to be a short -term operation to take care of the restoration of foliage already blocking views. Roy Lorenz, 30419 Ganado Drive, requested clarification on: (1) How Rancho Palos Verdes was going to provide just and fair compensation to foliage owners for their losses as required by law; and (2) How Rancho Palos Verdes was going to force implementation of View Commission decisions. Douglas Purinton, 5320 Manitowac Drive, expressed his disagreement with the ordinance which allows someone who has owned their ro ert for year to be p p Y one Y given the same privilege as someone who has lived their for 40 years. Mr. Purinton also requested language be added to the requirements about periodic maintenance and the burden it puts on the foliage owner. Also noted was his concern with the change in the temperament of the view holders. A lengthy discussion ensued between Council and Staff regarding clarification of Proposition M and code enforcement. The Council requested the Staff to prepare recommendations as they relate to code enforcement of view restoration. Resol. Noe 97 -73 - City's position on the proposed expansion of LAX (1203) Principal Planner Joel Rojas presented the staff memorandum of July 15, 1997 and the recommendation to Adopt Resolution No. 97 -73 supporting the South Bay Cities Council of Government's position on the issue. Mayor McTaggart provided further details on the proposed expansion. Council discussion ensued on the proposed expansion and the wording in Section 2 of the proposed resolution. Council requested the Staff to arrange for a LAX representative to make a presentation to the Council on the rationale for expansion of the airport. After discussion, it was agreed by Council to remove Section 2 of the proposed Resolution No. 97 -73. City Council Minutes July 15, 1997 Page 6 Lois Larue, 3136 Barkentine, questioned wording of the fourth paragraph of the resolution be changed. It was the consensus of Council to amend the resolution to read "WHEREAS, the City of Rancho Palos Verdes may be directly impacted..." Mayor Pro Tem Ferraro moved to adopt Resolution No. 97 -73 as amended. The motion was seconded by Councilman Byrd. Motion carried. Ord. No. 3250 - Extension of time limit for submittal of Equestrian Nonconformity Statements(1203 X 1808) Principal Planner Joel Rojas provided an update on the status of the submittal of Equestrian Nonconformity Statements, advising 10 statements had been received to date. After a brief discussion between Council and Staff, Mayor Pro Tem Ferraro moved, seconded by Councilwoman Lyon to adopt Ordinance No. 325U, extending the deadline to submit equestrian nonconformity statements to October 3, 1997. The motion carried on the following roll call vote: AYES: Hollingsworth, Lyon, Ferraro, Byrd and McTaggart NOES: None ORAL CITY COUNCIL REPORTS Councilman Byrd commented on a Special Event Subcommittee Meeting for Contract Cities he attended with Mayor McTaggart on July 14, 1997 in Temple City and invited Council to attend the Fall Seminar scheduled for September 19 -21, 1997 in San Diego. Mayor McTaggart discussed his attendance at a meeting on the County City Contracts Committee, and further noted he had been elected Chairman for the CMANC Committee. PUBLIC COMMENTS Alan Paynter, 6880 Vallon Drive, spoke on the preservation of full penalties for after - the -fact applications and requested the Council consider not waiving or reducing such penalties, especially without hearing the concerns of the adjacent property owner, except in severe hardship cases. Mr. Paynter also suggested a consideration to increase penalties progressively for after - the -fact submittals that are subsequent to an City Council Minutes July 15, 1997 Page 7 initial owner submitted after - the -fact application. Additionally, Mr. Paynter requested some kind of constraint on applying for extensions for projects that go on for lengths of time. D. E. Clarke, 10 Peppertree, relayed her disapproval of the direction of the drainage project for Palos Verdes Drive South and requested the Council look at the matter. Don Shults, 2129 Velez Drive, expressed gratitude to the Mayor for his letter to the Governor regarding the lawsuit brought by Cal -Trans against homeowners in Rancho Palos Verdes. Lois Larue, 3136 Barkentine, commended the Council and Staff for their support of the National Community Conservation Program (NCCP). ADJOURNMENT The meeting was officially adjourned at 10:10 p.m. on motion of Mayor Pro Tem Ferraro. ATTEST: CITY CLERK 071 W7CC. r MAY6 R City Council Minutes July 15, 1997 Page 8