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CC MINS 19970902MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 1997 This meeting was called to order at 7:10 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; Ass't. to the City Manager Rick Otto; Building & Code Enforcement Director Carolynn Petru; Principal Planner Joel Rojas; Administrative Services Director /City Clerk Jo Purcell; and, Recording Secretary Chandra Kincaid. RECYCLE DRAWING Mayor McTaggart asked Lois Larue to draw two cards from the recycle bin. APPROVAL OF AGENDA Mayor Pro Tem Ferraro moved, seconded by Councilman Hollingsworth, to approve the Agenda. Motion carried without objection. APPROVAL OF CONSENT CALENDAR Mayor Pro Tem Ferraro moved, seconded by Councilman Byrd, to approve the Consent Calendar. Lois Larue, 3136 Barkentine, requested that the ten minute speaking limitation be removed from the agenda instructions, and commented on the minutes of August 19, 1997, stating that the recording secretary should elaborate more. She also commented on the Portuguese Canyon Grading /Drainage Improvements; and, that certain items listed on the Register of Demands should rightfully be listed on the City's register. City Manager Bussey clarified that all City, RDA and Maintenance Authority expenditures are presented on the copy of the Register of Demands of the City. The RDA and Maintenance Authority warrants are deleted from the City's Register, stricken with a marker and placed on the next RDA and Maintenance Authority Register of Demands. Finance Director McLean enumerated that the warrants which were stricken from the City's register to be placed on the next RDA and Maintenance Authority Registers were Vouchers 718, 691, 717, 719, 759, 636, 802, 803, 805 and 621. Minutes (301) Approved the Minutes of August 19, 1997. Award of Contract - Portuguese Canyon Grading /Drainage Improvements (1204 x 1900) 1. Awarded a contract for the construction of Grading /Drainage Improvements for Portuguese Canyon to Hardy & Harper, Inc. for a total amount of $67,950; and, authorized staff to spend up to an additional $6,795 for contingencies for a total authorization of $74,745. 2. Authorized the Mayor and the City Clerk to execute a contract with Hardy & Harper. Notice of Completion of Sidewalk Repair Program for Fiscal Year 1996 -97 (1204 x 1405) 1. Approved Change Order No. 3 which exceeded the authorized project budget by $3,929.52; 2. Accepted the work as complete; 3. Authorized the City Clerk to file a Notice of Completion with the County Recorder and to notify the Surety Company to exonerate the payment and performance bonds if no claims have been filed within 35 days after recordation and upon the contractor posting an acceptable security; and, 4. Authorized the Finance Director to release the retention 35 days after the recordation of the Notice, also contingent upon no claims being filed and the contractor posting acceptable security. Resol. No. 97 -78 - Transfer of funds from the Proposition "C" fund to the Street Maintenance (Gas Tax) Fund (1204 x 1505 x 1501) Adopted Resol. No. 97 -78 amending Resol. No. 96 -37, the budget appropriation for fiscal year 1996 -97 to transfer $19,770 from the Proposition "C" fund to the Street Maintenance Fund. Resol. No. 97 -79 - Budget Adjustment for LLESS /COPS Fund (602 x 1206) Adopted Resol. No. 97 -79 - a budget appropriation increase for the City's LLES /COPS fund in the amount of $18,500. City Council Minutes September 2, 1997 Page 2 Resol. No. 97 -80 - Register of Demands (602) Adopted Resol. No. 97 -78 - 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: Ferraro, Byrd, Lyon, Hollingsworth, and Mayor McTaggart NOES: None REGULAR BUSINESS Execution of a Cooperative Agreement - Palos Verdes Peninsula Subarea Natural Communities Conservation Plan (NCCP) (601 x 1203) Principal Planner Rojas presented the staff memorandum of September 2, 1997, and the recommendation to authorize the Mayor and the City Clerk to sign a Cooperative Agreement between the City and the U.S. Fish and Wildlife Service to receive $75,000 in Federal funding assistance for development of the Palos Verdes Peninsula NCCP. Discussions ensued as to whether Council should draft a policy requiring that other cities who join in this program must bring matching funds. Lois Larue cited the prohibition on the use of Federal funds to pay for the City's lobbyist Del Smith. City Manager Bussey stated that this prohibition is in a number of agreements and that Mr. Smith has never been paid with any Federal funds. Councilwoman Byrd moved to approve the Mayor and the City Clerk signing a Cooperative Agreement between the City and the U.S. Fish and Wildlife Service to receive $75,000 in Federal funding assistance for development of the Palos Verdes Peninsula NCCP and to include a policy whereby other cities joining this plan must bring matching funds. The motion was seconded by Mayor Pro Tem Ferraro and carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, Hollingsworth, and Mayor McTaggart NOES: None City Council Minutes September 2, 1997 Page 3 Natural Community Conservation Planning (NCCP) Project Contract Amendment for Phase 1 of the NCCP Subarea Plan (1203) Principal Planner Rojas presented the staff memorandum of September 2, 1997, and the recommendation to authorize the City Manager to execute an amendment to the current professional services agreement with Ogden Environmental and Energy Services Company, Inc. for additional tasks necessary for completion of Phase 1 of the Palos Verdes Peninsula Subarea NCCP. After a brief discussion between Council and Staff regarding the suggested revision to the agreement, Councilman Byrd moved to approve the City Manager to execute an amendment to the current professional services agreement with Ogden Environmental and Energy Services Company, Inc. for additional tasks necessary for completion of Phase 1 of the Palos Verdes Peninsula Subarea NCCP. The motion was seconded by Mayor Pro Tem Ferraro and carried on the following roll call vote: AYES: Lyon, Byrd, Hollingsworth, Ferraro, and Mayor McTaggart NOES: None Consideration of City Council review of Planning Commission action approving Grading Permit No. 1933 (1203 x 1801) Director Petru presented the staff memorandum of September 2, 1997 and the request that Council determine whether they should review the Planning Commission's action approving this grading permit. Responding to Council's inquiries, Director Petru stated that a portion of the lot is within the open space hazard zone; that the old Development Code, under which this project was submitted, has provisions to allow an adjustment of the boundary between the residential zone and the Open Hazard Space zone on the property; that the structure is set back a considerable distance from the proposed boundary between the two zones; that the slope where the house will go is less than 35 percent in steepness; and, that in relation to the size of the lot and size of the house, the grading is not excessive. Lois Larue congratulated Councilman Byrd and Councilwoman Lyon for appealing this project. John Jordan, 30759 Tarapaca Road, stated his concern about the impact this project would have on his view; questioned the geological stability of the lot; and questioned the resulting liability to the City in the event of a landslide. He also raised a concern about the drainage and questioned who would be responsible for maintenance of any City Council Minutes September 2, 1997 Page 4 drainage structures built on the property. He questioned whether the issue of the water table had been addressed vis -a -vis reactivation of the South Shores slide. Keith Reynolds, 30745 Tarapaca Road, also expressed his concerns about this project and in particular its compatibility with the neighborhood. He expressed concerns with the liability issue to both the City and the applicant should anything go wrong with this project. William Larson, 2792 Vista Mesa Drive, Vice - president of El Prado Estates Homeowners' Association, stated that the primary issue is the size of the proposed house and neighborhood compatibility. Additionally, he stated that it is being built in a known slide area; that the City Council should not approve it until sufficient testing has been conducted by a reputable soil engineer who can state to a reasonable degree of certainty that there is no slide risk, that drainage is adequate, and that this house is not going to move. Jeff Richards, 4246 Spencer Street, Torrance, applicant for the property, stated that because he wants to have good relations with his neighbor, Mr. Jordan, he has tried to reduce view impairment as much as possible even though Mr. Jordan has an unprotected view; that with regard to the geology issue, he has had extensive testing done which was reviewed by the City's consultant; and, that with regard to the drainage, that he would be more than happy to over - design it to alleviate the concerns of the neighbors. In response to Council's inquiry of why this matter was being appealed to the City Council, both Councilmembers Lyon and Byrd stated that they had been contacted by Planning Commission members who had concerns about this project. Also they had received telephone calls from residents who live in the Tarapaca area. Council discussions then ensued with regard to the conditions of approval and the procedure for remanding this matter to the Planning Commission for further review. Mayor Pro Tem Ferraro moved, seconded by Councilwoman Lyon, that the City Council consider this Grading Permit on September 16, 1997 with the intention of remanding it to the Planning Commission for further review. The motion carried. PUBLIC COMMENTS Lois Larue requested and received clarification of the two State commissions that Councilwoman Lyon is currently serving on. Ms. Larue also commented on the large amount of cigarette butts she collected at the Interpretive Center and requested that City Council Minutes September 2, 1997 Page 5 people not litter the area. David Swansen, 6868 Los Verdes, addressed the issue of parking in areas along the coastline which requires a permit from homeowner associations and not the City. He requested that the City issue such permits and not the homeowner associations. Ilse Oetiker, 6504 Via Baron, inquired when the Long Point coastal access would be reopened. City Manager Bussey explained that staff has been working with the developer of Ocean Trails and would prepare a report on the status of the grading permit which impacted the reopening of Vista Del Mar. Safy Jacob, 6510 Via Baron, provided the Council with pictures of how badly Vanderlip Park is currently looking and urged the City Council to take action. RECESS and RECONVENE: At 8:40 P.M., Mayor McTaggart declared a recess. The meeting reconvened at 8:50 P.M. with the Council conducting the business of the Redevelopment Agency and Maintenance Authority Commission. ADJOURNMENT The meeting was adjourned at 8:55 P.M. on motion of Councilwoman Lyon. ATTEST:, CLERK n tyclerk\minutes\090297cc.min City Council Minutes September 2, 1997 Page 6 M ATTEST:, CLERK n tyclerk\minutes\090297cc.min City Council Minutes September 2, 1997 Page 6