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CC MINS 19971202MINUTES RANCHO PALOS VERDES CITY COUNCIL DECEMBER 2, 1997 REGULAR MEETING The meeting was called to order at 6:00 P.M. by Mayor 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 reconvened at 7:00 P.M. After the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: Hollingsworth, Ferraro, Byrd, Lyon and Mayor McTaggart ABSENT: None Also present were City Manager Paul D. Bussey; City Attorney Carol Lynch; Planning, Building & Code Enforcement Director Carolynn Petru; Director of Public Works Les Evans; Director of Finance Dennis McLean; and Administrative Services Director /City Clerk Jo Purcell. APPROVAL OF AGENDA City Manager Bussey requested that the agenda be amended to add acceptance of a "Gift to Parks" as an urgency item, said acceptance having to be made during this calendar year and notification of the gift having been received after the agenda was published. Councilman Byrd so moved, seconded by Councilwoman Lyon and carried. Councilwoman Lyon moved, seconded by Councilman Hollingsworth to approve the agenda as amended. Motion carried. Resol. No. 97 -106 - CERTIFICATION OF ELECTION RESULTS (301 x 501) City Clerk Purcell presented the results of the November 4, 1997 election and the recommendation to adopt the proposed resolution reciting the facts of the election. Mayor Pro Tem Ferraro moved, seconded by Councilwoman Lyon to adopt Resol. No. 97 -106 of the City Council of the city of Rancho Palos Verdes reciting the facts of the General Municipal Election held in said City on November 4, 1997, declaring the results thereof and such other matters as provided by Law. Motion carried without objection. Swearing in of Newly Elected Councilmembers City Clerk Purcell administered the oath of office to re- elected Councilmembers Byrd and Lyon. Council Reorganization: (301 x 306) A. Selection of Mayor: Mayor McTaggart moved, seconded by Councilwoman Lyon that Mayor Pro Tem Ferraro be designated as the new Mayor of Rancho Palos Verdes. Motion carried without objection. B. Selection of Mayor Pro Tem: Councilman Byrd moved, seconded by Mayor Ferraro that Councilman Hollingsworth become the Mayor Pro Tem. Motion carried without objection. CEREMONIAL MATTER (304) Mayor Ferraro presented Councilman McTaggart with a gift in recognition and appreciation of his tenure as Mayor of Rancho Palos Verdes. City Attorney Lynch presented Councilman McTaggart with a copy of the canceled bond which officially marked the removal of liens from properties in the landslide area. RECESS AND RECONVENE At 7:25 P.M. a recess was taken. The meeting reconvened at 7:31 P.M. RECYCLE DRAWING Mayor Ferraro asked Palos Verdes Peninsula News reporter Chris Boyd to draw one card from the recycle bin. APPROVAL OF CONSENT CALENDAR: City Clerk Purcell announced that at the request of Mayor Ferraro, the License Agreement with L.A. Cellular had been removed from the Consent Calendar and would be discussed separately after the acceptance of the Gift for Parks item. City Council Minutes December 2, 1997 Page 2 Lois Larue congratulated Mayor Ferraro as the new Mayor. She then spoke to the following items on the Consent Calendar: (1) a lack of reference to the Mosquito Committee on the committee assignment list; (2) as a Coastline 2000 founder, she urged the City Council to participate actively in the Santa Monica Bay Restoration Project; (3) reimbursement of expenses paid by Councilmembers, and, (4) Transamerica insurance policy. Council and staff clarified that the Santa Monica Bay Restoration Committee meetings had been attended by a City representative and that the reimbursement paid to the Councilmembers was a refund paid to all election candidates for printing of their candidate's statement. MINUTES (301) Approved the Minutes of November 17, 1997. Claim against the City - Douglas F. Ewer (301 x 303) Rejected the claim and directed the City Clerk to notify the claimant. Claim against the City - Faris Astani (301 x 303) Rejected the claim and directed the City Clerk to notify the claimant. Professional Services Agreement - Citywide Landscaping and Lighting Maintenance District (909 x 1204) (1) Awarded a contract with Berryman & Henigar, Inc., for preparation of the annual Engineer's Report for the Citywide Landscaping and Lighting Maintenance District for a not to exceed amount of $8,700 and authorization for staff to spend up to an additional $5,000 for services related to the preparation of a five year district budget for a total authorization of $13,700. (2) Authorized the Mayor and City Clerk to execute a professional services agreement with Berryman and Henigar. Professional Services Agreement - Rehabilitation of Palos Verdes Dr. East (11204 x 1404) Approved a professional services agreement with Merit Civil Engineering for design, administration, and construction inspection of the Palos Verdes Drive City Council Minutes December 2, 1997 Page 3 East street rehabilitation project (Ganado to PVDS) for a fee not -to- exceed $67,500 plus authorized staff to spend up to $5,000 for additional direct costs and a contingency for a total authorization of $72,500 and authorized the Mayor and City Clerk to execute the agreement. Fred Hesse Community Park - American Disability Act Improvements - Contract Award (1201 x 601 x 1204) Awarded the contract to Impact Devco for an award amount of $25, 781 and authorized staff to spend up to an additional $2,578 in contingencies, and authorized the Mayor and City Clerk to execute said contract. (2) Rejected the bid of Malibu Pacific Tennis Courts, Inc., due to a clerical error in their bid which omitted demolition costs of the project. City Council Committee assignments (306) Continued to December 16. Resol. No. 97 -107 - Register of Demands (301) Adopted Resol. No. 97 -107 - 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: Hollingsworth, Byrd, Lyon, McTaggart and Mayor Ferraro NOES: None # # # # # # # # # # # License Agreement with L.A. Cellular - Underground Facilities at Ryan Park (1201 x 1204) Director Evans presented the staff memorandum of December 2, 1997 and the recommendation to (1) Approve a License Agreement with L.A. Cellular for the installation and maintenance of telecommunication facilities in Robert E. Ryan Community Park; and (2) Authorize the Mayor and City Clerk to execute the license agreement. City Council Minutes December 2, 1997 Page 4 Robert Searcy, representing L.A. Cellular, clarified the function and location of this installation and how it would improve cellular phone reception. Mayor Pro Tem Hollingsworth moved, seconded by Councilman Byrd to adopt the staff recommendation. Motion carried without objection. Gifts for Parks (1201) Director Rosenfeld presented the staff report of December 2 and the recommendation that Council accept the donation of a Wyland acrylic dolphin sculpture and direct staff to prepare a letter for the Mayor's signature expressing the Council's thanks and appreciation. Councilwoman Lyon moved, seconded by Councilman McTaggart to accept the request and that staff will send appropriate correspondence. Motion carried without objection. # # # # # # # # # # # PUBLIC HEARING: View Restoration Permit No. 37 - Appeal (1203 x 1806) Mayor Ferraro announced that this was a continued public hearing from the October 21 meeting. Staff Planner Trayci Nelson presented the staff recommendation to continue the public hearing to a date no later than February 17, 1998, and direct Staff to provide a new public notice to all parties when the new public hearing date is established. She then referenced the letter from Dr. Kenneth J. Daponte attached to the staff report. Lois Larue spoke in opposition to the February 17, 1998 public hearing date. Dr. Kenneth J. Daponte, 3662 Greve Drive, stated that (1) properties of 30411 and 30419 Ganado Drive contain a total of 17 trees which obstruct his Catalina and ocean views; (2) that further delay of the appeal of View Restoration Permit 37 will impose a severe financial hardship; and (3) that foliage owners have steadfastly and repeatedly denied restoration of applicant's view over a period of 7 years. City Council Minutes December 2, 1997 Page 5 Council clarified that Dr. Daponte would not be available to continue the matter from February 1 through May 1. Councilman Byrd moved, seconded by Mayor Pro Tem Hollingsworth to continue the matter to January 20, 1998. Motion carried without objection. REGULAR BUSINESS Fee Waiver Request - Grading Permit No. 1933 (1203 x 1801) Associate Planner Fox presented the staff memorandum and the recommendation to deny the appellants' request to waive the $940 major application appeal fee for Grading Permit No. 1933 for a new, single - family residence at 30764 Tarapaca Road. The following residents spoke in favor of the fee waiver request: Lois Larue, 3136 Barkentine, Rosalyn Stewart,2903 Vista Del Mar, representing the El Prado Homeowners' Association, San Ramon Homeowners' Association, Seacliff Hills Homeowners Association and the Mediterrania Homeowners Association; and Keith Reynolds, 30745 Tarapaca Road. Council discussion ensued on the pros and cons of waiving the appeal fee. Mayor Pro Tem Hollingsworth moved, seconded by Councilman McTaggart to deny the fee waiver request. The motion carried on the following roll call vote: AYES: Byrd, Hollingsworth, McTaggart and Mayor Ferraro NOES: Lyon July 4th Independence Day Celebration (1201) Director Rosenfeld presented the staff memorandum and the recommendation to provide direction to Conte Productions for the City's 1998 July 4th Independence Day Celebration. Council discussion with Mark Conte focused on the following areas: (1) July 4th Independence Day Celebration as a one or two -day event; (2) combining July 4th celebration with Rancho Palos Verdes 25th year anniversary celebration. Mayor Ferraro appointed herself and Councilman McTaggart to serve as an ad hoc committee to determine if the 25th year anniversary of Rancho Palos Verdes be a one -day promotional event with increased participation of local City Council Minutes December 2, 1997 Page 6 nonprofit organizations and reduced ride costs and to reach consensus on the July 4th Independence Day Celebration. Appeal of Height Variation No. 750 Revision "C" Variance No. 350 Revision "B" (1203 x 1804) Director Petru presented the staff report and the recommendation to ADOPT the proposed resolutions Upholding the Appeal and Approving Height Variation No. 750- Revision "C" for a Modified Project to Legalize the Additional Existing Square Footage That Has Been Added to the Second Story Addition and Complete the Garage, Subject to Conditions; and, the resolutions Denying the Appeal and Approving Variance No. 350- Revision "B," for the Existing Garage to Encroach an Additional 9 Inches into the Required 20 Foot Front Yard Setback Area for a Minimum Setback of 13 Feet 6 Inches. Speaking to the matter were the following residents: Sam Simms, 3528 Bendigo, spokesperson for the "Concerned Bendigo Neighbors;" Ms. Van Wagner, 3559 Bendigo Drive; Bob Easton, 3566 Bendigo Drive; James Gordon, 3538 Bendigo Drive; Peggy Plakos, 3572 Bendigo Drive. These speakers expressed the concerns that the Plan "A" compromise agreed to on November 18 was not being adhered to and they urged the Council to follow the compromise solution versus subsequent proposed alterations. Earl Gantz, 3558 Bendigo Drive, homeowner of subject property, addressed the Council regarding the architectural and cost factors of the changes requested by the neighbors and how this would effect the completion of the project. Council discussion ensued regarding clarification of changes between the plans reviewed on November 18 and the current set of plans submitted by the landowners which contained three primary differences: (1) the roof over garage changed from a "hipped" to a gabled roof design; (2) the clerestory roof was now located where the utility room closer to the street by 3 feet; and (3) the facade of the clerestory roof dimensions of 12 ft. 10 ins. versus 15 ft. 8 inches in width. Councilman McTaggart moved, seconded by Councilwoman Lyon to conditionally approve the latest set of plans submitted by Earl Gantz, subject to verification of dimensions by staff; additionally staff was directed to verify the need for the facade over the utility room extending out three feet closer to the street. The motion carried on the following roll call vote: AYES: Lyon, McTaggart, Mayor Ferraro and Hollingsworth NOES: Byrd City Council Minutes December 2, 1997 Page 7 RECESS AND RECONVENE At 9:20 P.M., Mayor Ferraro declared a recess. The meeting reconvened at 10:40 P.M. with the Council having conducted the business of the Redevelopment Agency and Improvement Authority Commission. Resol. No. 97 -108 - Upholding the dangerous dog determination (104 x 1101) Senior Administrative Analyst Park presented the staff memorandum and the recommendation to adopt the proposed upholding the appeal of the Dangerous Dog Determination regarding the dog kept at 30043 Matisse Drive and order the animal be removed from the City. City Attorney Lynch reported that additional time had been granted to the dog owner to retain the dog in the city. She then proposed an amendment to the staff recommendation to include this extension of time. Councilwoman Lyon moved, seconded by Councilman Byrd to adopt Resolution Number 97 -108 Upholding the appeal of the dangerous dog determination regarding the dog kept at 30043 Matisse Drive and order the animal be removed from the City, as amended. Motion carried without objection. RECESS AND RECONVENE At 10:45 P.M., a recess was taken. The meeting reconvened at 10:50 P.M. Draft amendments to the View Restoration Commission Guidelines (1203 x 1806) Senior Planner Rojas presented the staff report and the recommendation to adopt the amended View Restoration Commission (VRC) Guidelines, as recommended by the VRC and provide Staff with any direction on the reconsideration of previous VRC decisions. Ken Dyda, 5715 Capeswood Drive, stated that the Draft Amendment language is substantially different than the direction agreed upon at the September 16th Workshop and requested that the City Council return to the wording and direction given to staff at that meeting. Marianne Kipper, 5 Chaparral Lane, spoke to the following items: (1) that the pre - application consultation process should educate both parties on the permit process; and (2) that reducing the fee should act as an incentive to reach an City Council Minutes December 2, 1997 Page 8 equitable solution where the number of appeals by view applicants equals the number of appeals by foliage owners. Lois Larue spoke in opposition to the proposed View Restoration Guidelines. Council and staff discussion focused on the following: the ten -day time period for a foliage owner to appear before the City as part of the pre - application process; that commissioners be subject to proximity requirements; that the requirement to explain specific efforts to attempt to resolve the view conflict should also apply to foliage owners; impairment of a multi- component view versus a single component view; that a foliage owner's property should be visited by the View Restoration Commission without requirement of written notification; and, that it be at the discretion of the Commission whether stumps be removed by foliage owners. It was the Council consensus that additional amendments be made and presented to the VRC before being brought back for further consideration; that Staff should include a flowchart explaining the new early neighbor consultation in the Guidelines; and, that a status report on the pending view restoration applications be given to the Council when this item is brought back for consideration. Resol. No. 97 -109 - Playground Equipment - Hesse Park (1201 x 1204) Director Evans presented the staff memorandum and the recommendation to (1) Award the contract for the Fred Hesse Park Community Center Playground Improvements to Impact Devco for an award amount of $86,055 and authorize staff to spend up to an additional $26,605 in inspection and contingencies and authorize the Mayor and the City Clerk to execute said contract; and (2) adopt the proposed resolution authorizing a budget adjustment to the Quimby Fund in the amount of $52,660.00 for this project. Lois Larue spoke in opposition to this item being under Regular Business while the American Disability Act Improvements contract award was on the Consent Calendar. Director of Public Works Evans clarified contingency funds under playground improvements and American Disability Act Improvements. Councilman McTaggart moved, seconded by Councilman Byrd to approve staff recommendation and to adopt Resol. No. 97- 109 Authorizing a budget adjustment to the Quimby Fund in the amount of $52,660.00 for this project. The motion carried on the following roll call vote: City Council Minutes December 2, 1997 ..r Page 9 AYES: Hollingsworth, Byrd, Lyon, McTaggart and Mayor Ferraro NOES: None Scheduling of workshop -Five Year Capital Improvement Program (602 x 1204) Director Evans presented the staff memorandum and the recommendation to set ' a date for a Work Session to review and discuss the Proposed Five Year Capital Improvement Plan. Councilman McTaggart moved, seconded by Mayor Pro Tem Hollingsworth to continue the item to the December 16, 1997 City Council meeting. Motion carried. Committee &Commission Applications (106 x 301) City Clerk Purcell presented the staff report and the recommendation to extend the recruitment to December 12 and set Tuesday, January 6 and Wednesday, January 7 as the date to interview Committee and Commission applicants. The consensus reached set December 19th as the cut off date for acceptance of applications and to set the proposed dates of January 5th and 6th as the date to interview applicants. ORAL CITY COUNCIL REPORTS: Responding to criticism regarding planned unit development, Councilman McTaggart briefly explained how that type of development enabled areas being set aside as open space. PUBLIC COMMENTS: Ken Dyda, 5715 Capeswood Drive, reported that View Restoration Permit Number 17 issued in 1990 had not been fully implemented; and that the foliage owner did not comply; therefore, a petition was filed requesting trimming as defined in permit. Kathy Snell, 8 Vanderlip, addressed the Council with respect to the following subjects: noise interference in the late evening resulting from the changed flight pattern for planes taking off from LAX; the liens on homes in the Portuguese Bend slide area; and, that the Horan settlement money should have been spent in the Portuguese Bend Slide area and not in the Abalone Cove slide area. Lois Larue, spoke in favor of a contract agreement with staff with respect to City -paid education and spoke in opposition to public private golf course development consulting services. City Council Minutes December 2, 1997 Page 10 Don Shults, 2129 Velez Drive, Rolling Hills Riviera Homeowners' Association representative, spoke in favor of legislation allowing transfer of students in the Eastview area to Peninsula schools. He said that this legislation would be heard by the Education Committee on January 7, 1998. CLOSED SESSION: City Attorney Carol Lynch reported that no action was taken on the Public Employee Performance Evaluation, G.C. 54957. ADJOURNMENT: At 12:45 A.M., Mayor Ferraro adjourned the City Council meeting. MAYOR ATTEST: CITY CLERK N ACITYCLERK\MINUTES \120297CC.MIN City Council Minutes December 2, 1997 Page 11