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CC MINS 19971105MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 5, 1997 The meeting was called to order at 6:00 P.M. by Mayor John C. McTaggart at the Hesse Park Community Center, 29301 Hawthorne Boulevard and was immediately recessed to a Closed Session per the Brown Act Checklist attached to the agenda. The meeting was reconvened at 7:10 P.M. by Mayor McTaggart and 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; City Attorney Carol Lynch; Administrative Services Director/ City Clerk Jo Purcell, Public Works Director Les Evans, Planning, Building & Code Enforcement Director Carolynn Petru; Finance Director Dennis McLean, Ass't. to the City Manager Rick Otto; and, Recording Secretary Monica Ponce. RECYCLE DRAWING Mayor McTaggart asked Lois Larue to draw from the recycle bin. CEREMONIAL EVENT (304) Mayor McTaggart presented City Manager Bussey with a ceremonial proclamation in recognition of his accomplishment in restructuring the bonds for the Abalone Cove landslide area. APPROVAL OF AGENDA City Clerk Purcell announced that the applicants for View Restoration Permit No. 45 had withdrawn their appeal. Mayor Pro Tem Ferraro moved, seconded by Councilman Byrd, to approve the Agenda as amended. Motion carried. APPROVAL OF CONSENT CALENDAR At the request of Councilwoman Lyon, the items regarding a Professional Services Agreement for National Pollutant Discharge Elimination System (NPDES) Clean Water Act Implementation FY 1997 -98 and the Request from Waste Management of Los Angeles to add a regular once -a -week curbside rate to its existing single - family refuse and recycling agreement were removed from the Consent Calendar to be discussed as separate items. Lois Larue, 3136 Barkentine, spoke in opposition to the ten - minute speaking limitation and the development agreement with the developer of the Ocean Trails Project. City Attorney Lynch reiterated the City's compliance with the Brown Act for individual speaker limitations. Mayor Pro Tem Ferraro moved, seconded by Councilwoman Lyon to approve the Consent Calendar as follows: Waiver of Motion Adopted a motion to waive full reading of ordinances presented at the meeting with consent of the waiver of reading deemed to be given by all Councilmembers after the reading of the title. Ordinance No. 327 - Processing of Development Agreements (1203 X 1801) ADOPTED ORDINANCE N0. 327 - AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING THE PROCESSING OF DEVELOPMENT AGREEMENTS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. (This Ordinance was INTRODUCED at the October 21 City Council meeting.) Ordinance No. 328 - Approving a Development Agreement with the Developer of the Ocean Trails Project (11203 X 1411) ADOPTED ORDINANCE NO. 328 - AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES WHICH APPROVED A DEVELOPMENT AGREEMENT WITH THE DEVELOPER OF THE OCEAN TRAILS PROJECT. (This Ordinance was INTRODUCED at the October 23 City Council meeting.) Minutes (301) Approved the Minutes of October 23, 1997. Professional Services Agreement for geotechnical engineering and on -call soil testing services (1204) City Council Minutes November 5, 1997 Page 2 (1) Awarded a professional services contract to the LKR Group for Geotechnical Engineering Services and On -Call Soil Testing Services for anot -to- exceed amount of $10,000. (2) Authorized the Mayor and City Clerk to execute an agreement with the LKR Group. Resol. No. 97- 93 - Health Insurance Contributions (902 Adopted Resol. No. 97 -93 Amending the City's contribution rates for employee benefit premiums for active full time employees and active City Council persons for the calendar year 1998. Abalone Cove County Assessment District Bond Restructuring (602 X 1801 X 1900) Reconfirmed approval of the Memorandum of Understanding (MOU) between the City of Rancho Palos Verdes, the Rancho Palos Verdes Redevelopment Agency and the County of Los Angeles, and directed staff to substitute the County approved MOU for that version previously approved by the Agency at the October 21, 1997 Board meeting. Resol. No. 97 -94 - Register of Demands (602) Adopted Resol. No. 97 -94 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: NOES: Ferraro, Byrd, Lyon, Hollingsworth, and Mayor McTaggart None ITEMS REMOVED FROM THE CONSENT CALENDAR: Professional Services Agreement for National Pollutant Discharge Elimination System (NPDES) Clean Water Act Implementation FY 1997 -98 (1204 X 1402) Director Evans presented the staff report of November 5 and the recommendation to (1) Award a professional services contract to John L. Hunter and Associates for FY 1997 -98 National Pollutant Discharge Elimination System (NPDES) Clean Water Act Implementation for anot -to- exceed amount of City Council Minutes November 5, 1997 Page 3 $19,680 for specific services and up to $10,000 for unspecified services based on time and materials; and (2) Authorize the Mayor and City Clerk to execute an agreement with John L. Hunter &Associates. After clarification of the efforts necessary to collect the data for this matter, Mayor Pro Tem Ferraro moved, seconded by Councilman Byrd to approve the staff recommendation; however, staff is to be mindful of cost of this program and piggyback with other plans if possible. The motion carried on the following roll call vote: Ayes: Byrd, Lyon, Hollingsworth, Ferraro & Mayor McTaggart Noes: None Request from Waste Management of Los Angeles to add a regular once -a- week curbside rate to its existing single - family refuse and recycling agreement (1204 X 1301) Director Evans presented the staff report of November 5 and the recommendation to 1) Approve Waste Management's request for a regular once -a -week curbside rate of $13.40 per month for Hilltop Circle residents. (2) Authorize the Mayor and City Clerk to execute an amendment to the agreement. Representing. Waste Management was Mr. Hauser who responded to Council's inquiry and concern about the Saturday pickup service and the impact this would have on the residents. Lois Larue commented on the service her area receives from Ivy Rubbish Haulers. Councilwoman Lyon moved, seconded by Mayor Pro Tem Ferraro to approve staff recommendation; however, it was the consensus that staff would meet with representatives of Waste Management to work out a satisfactory solution to the Saturday pick -up issue. Motion carried without objection. PUBLIC HEARING: Resol. No. 97 -95 - Appeal of Height Variation No. 826 (1203 X 1801) Mayor McTaggart opened the public hearing on this matter and City Clerk . Purcell reported that written protests were received by the City and were a part of the agenda package presented to Council. City Council Minutes November 5, 1997 Page 4 Associate Planner Pfost presented the Memorandum of November 5 and the recommendation to adopt the proposed resolution denying the appeal and thereby upholding the Planning Commission's approval of Height Variation No. 842 subject to conditions. Speaking to the matter were the following residents: Avery J. Knapp, 7435 Alida Place; Theodore Shield, 4646 Sugarhill, RHE; Mike Boyd, 1416 Granvia Altamira, representing appellant Jane C. Botello, 7400 Alida Place; and, Kiyoshi Ken Nishide, 7440 Alida Place. These speakers stressed the following concerns about upholding the Planning Commission's-approval of this height variation: that the height of the proposed structure of 7460 Alida Place was significantly high for that particular lot; that owners of said property should compromise by lowering the roof of the proposed structure and /or drop the pad because of the significant view impact on neighbors; and, that the Planning Department had assumed an adversarial position with the appealing residents. Speaking in favor of this project were the following: Builder Rich Wright, 1848 South Elma, Suite E; project architect Russ Barto, 3 Malaga Cove Plaza; and, property owner Magda Kispal, 30153 Cartier Drive. Speakers addressed the following concerns about the suggested compromises: that drainage problems would result if the pad is lowered; that lowering the proposed structure would significantly increase expenses; that such lowering would result in an extremely steep driveway; and, may result in the first story facing a retaining wall. Councilmembers Byrd and Lyon announced that they each had received a campaign contribution from the applicant and thereofore excused themselves from discussion of the matter. Council discussion centered on the possible redesign of the roof line; the fact that the lots farther back in this subdivision had been sold before the project lot thus giving the impression that nothing would be built to block the view from those back lots. Mayor Pro Tem Ferraro moved, seconded by Councilman Hollingsworth to adopt Resol. No. 97 -95 Denying the appeal and thereby approving a new 5,497 - square -foot, 2 -story residence on an existing vacant lot with a maximum height of 23.4' above existing grade, located at 7460 Alida Place. Motion carried on a 3 -0 -2 vote with Councilmembers Byrd and Lyon abstaining. Use of Federal and State Funding for Supplemental Law Enforcement Services (301 x 1206) Mayor McTaggart opened the public hearing on this matter and City Clerk City Council Minutes November 5, 1997 Page 5 Purcell reported that notice had been duly published and that no written protests were received by the City. City Clerk Purcell presented the staff report of November 5 and the recommendation to approve the continuation of the existing Special Assignment Officer (SAO) and authorize the hiring of an additional SAO using certain Federal and State funding. Council expressed concern that the present SAO was transferred to another position in the Sheriffs department, and it was felt that since continuity in this position is so important, that it is desirable to maintain same personnel in these positions as long as possible. There being no response to the Mayor's call for public testimony, he ordered that the hearing be closed. Councilwoman Lyon moved to approve the continuation of the existing Special Assignment Officer and authorize the hiring of an additional SAO using certain Federal and State funding. The motion was seconded by Councilman Byrd and carried on the following roll call vote: AYES: Lyon, Byrd, Hollingsworth, Ferraro and Mayor McTaggart NOES: None REGULAR BUSINESS: Waiver of Case Processing Fee for View Restoration Permit No. 48. (1203 x 1806) Director Petru presented the staff report of November 5 and the recommendation to deny the applicant's request to waive the case processing fee for View Restoration Permit No. 48, involving the Mira Catalina Elementary School. Nick Papadakis, 3228 Parkhurst Drive, proposed that if the View Restoration Commission approved his permit, that the case processing fee be refunded if the School Board votes to exempt itself from being subject to the City's View Preservation and Restoration Ordinance. Council discussion focused on some of the reasons the School Board could vote to exempt itself and possible measures City Council may follow in the event of such occurrence. Councilwoman Lyon moved, seconded by Councilman Byrd to bring this matter City Council Minutes November 5, 1997 Page 6 back to Council if School Board does not comply with view ordinance. Motion carried. RECESS and RECONVENE: At 8:35 P.M., Mayor McTaggart declared a recess. The City Council would reconvene at 8:45 P.M. with council having conducted the business of the Redevelopment Agency and Maintenance Authority Commission. Potentially dangerous dog determination - appeal request (104 x 1101) Senior Administrative Analyst Park presented the staff report and the recommendation to direct staff to schedule the appeal for a City Council hearing at a date and time of the Council's choice. Mayor Pro Tem Ferraro moved, seconded by Councilman Byrd to schedule the appeal for a Potentially Dangerous Dog Determination hearing to the November 18 meeting at 6:00 P.M. in the Fireside Room. Motion carried. Follow -up review of directives from the Joint City Council/View Restoration Commission workshop on the implementation of the City's View Restoration Ordinance (Proposition M) (1203 x 1806) Principal Planner Rojas presented the staff report of November 5 and the recommendation to review the summary of direction provided to Staff by the Council at the September 16, 1997 Joint City Council/View Restoration Commission Workshop and provide with any additional direction. Martin Dodell, 5751 Capeswood Drive, spoke on behalf of the Rancho Palos Verdes VOICE and requested that the term "aesthetics" be removed from the guidelines; that Council specify the use of the term "tree "; and, that an informed decision be made by foliage owners to top or remove trees prior to View Restoration Committee hearing. City Clerk Purcell referenced a letter presented by Brian Mazen, 29929 Knoll View, regarding Long Term Foliage Maintenance. Lois Larue spoke against the View Restoration Commission on behalf of foliage owners. Council discussion centered on the following: the format for the appeal hearings during which foliage owners would address the City Council; the Good Neighbor Policy; more understanding of affected parties involved; the definition of "aesthetics "; substantial restoration of views as opposed to total restoration; City Council Minutes November 5, 1997 Page 7 topping of tree versus removal; implementation of some form of mediation between the parties involved prior to the submittal of an application; and, the possible creation of a step indicating a view owners Intent to File. Council further reviewed the summary of direction provided to Staff by the Council at the September 16 Joint City Council/View Restoration Commission Workshop and provided Staff with additional direction to work out a schedule to get the VRC to adopt amended guidelines in December. Five Year Capital Improvement Program (602 x 1204) Director Evans presented the staff report and the recommendation to receive the proposed Five Year Capital Improvement Program for the period 1997 -2003 and refer it to a Workshop session at a date determined by the City Council; or if the Plan was acceptable in its current form the Council may choose to refer it directly to the Planning Commission for a General Plan consistency determination. Councilwoman Lyon moved, seconded by Mayor Pro Tem Ferraro to continue the matter to November 18. Motion carried without objection. ORAL CITY COUNCIL REPORTS: Mayor McTaggart reported on proposed location of refrigerator trucks at Lucky Supermarket and expressed concern about the noise generated by these trucks. Staff reported that they had already been contacted about this matter and had directed Lucky Markets to apply for a special use permit. PUBLIC COMMENTS: Lois Larue spoke in opposition to what she considered was a partisan letter received from Mayor McTaggart and Mayor Pro Tem Ferraro supporting certain School Board candidates. Robert Keefer, 5148 Silver Arrow Drive, one of the video camera operators at the Council meetings, spoke on behalf of the Rancho Palos Verdes Amateur Radio Club and complained about the lack of maintenance of the video equipment by Cox Cable. Kathy Snell, 8 Vanderlip Drive, spoke regarding November 4 NCCP meeting, and the use of City Hall property and protection of gnatcatcher. REPORT ON CLOSED SESSION: City Attorney Lynch reported no action taken on the matter of Hunt versus City of Rancho Palos Verdes or the View Restoration matter. With regard to the drainage course issue, staff was directed to meet with the property owner and work out an acceptable solution. City Council Minutes November 5, 1997 Page 8 ADJOURNMENT: The meeting was adjourned at 10:20 P.M. on motion of Councilman Byrd. ATTEST: N : \minutes \110597cc . m i n i City Council Minutes November 5, 1997 Page 9