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CC MINS 19980217MINUTES RANCHO PALOS VERDES CITY COUNCIL FEBRUARY 17, 1998 REGULAR MEETING The meeting was called to order at 7:00 P.M. by Mayor Ferraro at the Hesse Park Community Center, 29301 Hawthorne Boulevard, and was immediately recessed to conduct the business of the Redevelopment Agency. The meeting reconvened at 7:51 P.M. After the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: Hollingsworth, Byrd, Lyon, McTaggart and Mayor Ferraro ABSENT: None Also present were Assistant City Manager Carolynn Petru; City Attorney Carol Lynch; Interim Planning, Building & Code Enforcement Director Joel Rojas, Director of Public Works Les Evans; Director of Finance Dennis McLean; Administrative Services Director /City Clerk Jo Purcell and Recording Secretary Monica Ponce. APPROVAL OF AGENDA City Clerk Purcell announced the removal of Item 6, Miraleste Plaza Parking, from the Consent Calendar to be discussed separately. Councilman McTaggart moved, seconded by Councilwoman Lyon, to approve the Agenda as amended. Motion carried without objection. APPROVAL OF CONSENT CALENDAR Lois Larue, 3136 Barkentine, spoke to the appeal of C.U.P. 185 (Wayfarers Chapel) and the location of the Visitor's center. Roy Lorenz, 30419 Bendigo Drive, presented a prepared statement about the January 20, 1998 hearing on View Restoration Permit No. 37. Specifically, Mr. Lorenz stated his concern that Proposition M violated the Constitution of the United States and the State of California. He was also concerned about the possible decrease in value of his property because of the tree trimming and possible damage that might be caused to his property by this mandated tree trimming. (Mr. Lorenz' statement is on file with the City Clerk's Office.) With reard to Ms. Larue's comment about the location of the Visitors Center at Wayfarers Chapel, Interim Director Rojas stated the Center is located within the setback area. Relative to the constitutionality of Proposition "M ", Council discussion clarified that this was a voter approved ordinance and that damages done to Mr. Lorenz' property as a result of tree trimming would be covered by the insurance and /or the bond posted by the arborist performing the work. MINUTES (301) Approved the Minutes of January 20 Adjourned Regular Meeting and January 20, 1998 Regular Meeting. Household Hazardous Waste Collection Program Siting Liability Agreement L. A. County (11204 X 1402) Authorized the Mayor and the City Clerk to sign the Household Hazardous Waste Collection Program Siting Liability Agreement with the County of Los Angeles and County Sanitation District No. 2 of Los Angeles County. Resol. Nos. 98-05,06 and 07 - C.U.P. No. 185 - Wayfarers Chapel (1203 X 1804) (1) ADOPTED RESOLUTION NO. 98 -05 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE CONDITIONAL USE PERMIT N0. 185 FOR CONSTRUCTION OF A NEW 21065 SQ. FT. ONE STORY VISITORS CENTER TO REPLACE A SIMILAR STRUCTURE THAT WAS DAMAGED BY LANDSLIDE ACTIVITY ON PROPERTY LOCATED AT 5755 PALOS VERDES DRIVE SOUTH WITHIN THE BOUNDARIES OF THE LANDSLIDE MORATORIUM AREA. (2) ADOPT RESOL. NO. 98 -06 OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION IN APPROVING VARIANCE N0. 388 FOR CONSTRUCTION OF A NEW 21065 SQ. FT. ONE STORY VISITORS CENTER LOCATED WITHIN THE REQUIRED SIDE SETBACK AREA ON PROPERTY LOCATED AT 5755 PALOS VERDES DRIVE SOUTH WITHIN THE BOUNDARIES OF THE CITY'S LANDSLIDE MORATORIUM AREA. (3) ADOPT RESOL. NO. 98 -07 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MAKING CERTAIN City Council Minutes February 17, 1998 Page 2 ENVIRONMENTAL FINDINGS IN ASSOCIATION WITH ENVIRONMENTAL ASSESSMENT NO. 676 FOR CONSTRUCTION OF A NEW 2,065 SQ. FT. ONE STORY VISITORS CENTER TO REPLACE A SIMILAR STRUCTURE THAT WAS DAMAGED BY LANDSLIDE ACTIVITY, IMPROVEMENTS TO AN EXISTING AMPHITHEATER AREA, AND REMEDIAL GRADING AT THE EXISTING WAYFARERS CHAPEL RELIGIOUS FACILITY LOCATED AT 5755 PALOS VERDES DRIVE SOUTH WITHIN THE BOUNDARIES OF THE LANDSLIDE MORATORIUM AREA. Amendment to Agreements -Robert Bein, William Frost & Associates (RBF) - PVDE & Montemalaga Dr. - Street Rehabilitation Projects (1204 X 1404) Amended Robert Bein, William Frost & Associates (RBF) professional services contract agreements related to design, contract administration, and construction management of Palos Verdes Drive East from Miraleste Drive to Colt and Palos Verdes Drive East from Miraleste to Ganado and Montemalaga Drive from Silver Spur to the West City Limit by $56,087 for a total authorization under these contract agreements of $245,194. Gifts for Parks (1201) Accepted the Gifts for Parks donations from Mr. Yong -Jin Tung, Ms. Karen Shimabukuro, and Ms. Gloria Luhrs, and directed staff to prepare letters for the Mayor's signature expressing the Council's thanks and appreciation. Scenic Turnout Project (1204 X 1404) (1) Awarded a professional services contract to Transtech Engineers, Inc. in an amount not to exceed $30,000, and authorized staff to spend up to an additional $3,000 for possible extra work, for a total authorization of $33,000. (2) Authorized the Mayor and City Clerk to execute a professional service agreement with Transtech Engineers, Inc. Resol. No. 98 -08 -View Restoration Permit No. 37 (1203 X 1806) Adopted Resol. No. 98 -08 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AFFIRMING THE DECISION OF THE VIEW RESTORATION COMMISSION WITH AMENDMENTS, AND APPROVING VIEW RESTORATION PERMIT N0. 37 UPON FINDING THAT ALL APPLICABLE FINDINGS HAVE BEEN CORRECTLY MADE AND ALL City Council Minutes February 17, 1998 Page 3 PROVISIONS OF SECTION 17.02.040(C)(2) HAVE BEEN COMPLIED WITH Resol. No. 98 -09 - Register of Demands (602) ADOPTED RESOL. NO. 98 -09 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH 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 Ordinance No. 330 - Establishing parking regulations in Miraleste Plaza (1204 X 1502) Director Evans presented the staff report of February 17 and the recommendation to introduce the ordinance establishing four 20- minute time limited parking stalls at Miraleste Plaza. ORDINANCE NO. 330 OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING FOUR 20- MINUTE TIME LIMITED PARKING STALLS AT MIRALESTE PLAZA was read by title. Councilman McTaggart moved, seconded by Councilwoman Lyon to waive further reading and INTRODUCE No. 330. The motion carried on the following roll call vote: AYES: Hollingsworth, Byrd, Lyon, McTaggart and Mayor Ferraro NOES: None # # # # # # # # # # # # PUBLIC HEARING: Grading Permit No. 1933 - Appeal of Planning Commission's Approval 1203 X 1801) Mayor Ferraro noted that this was a continued public hearing from the February 3rd meeting. City Council Minutes February 17, 1998 Page 4 Councilman McTaggart moved, seconded by Councilman Byrd to select Monday, March 9 at 10:00 A.M. as the date for an adjourned public hearing at the project - site for Grading Permit No. 1933, located at 30764 Tarapaca Road. Motion carried without objection. Resol. No. 98 -10 - Grading Permit No. 1950 - Location: 3434 Newridge Drive - Appeal of Planning Commission's Approval (1203 X 1801) Mayor Ferraro opened the public hearing on this matter and City Clerk Purcell reported that notice had been duly published and that written protests were received by the City and were made a part of the Agenda packet. Associate Planner Fox presented the staff memorandum and the recommendation to adopt the proposed resolution denying the appeal and upholding the Planning Commission's action. Francine Accetta, 3417 Starline Drive, spoke in opposition to the proposed recommendation. She explained how her view would be significantly blocked and felt that was in direct conflict with the Development Code. She further related that the east border of the subject lot required modification of an illegal slope. Tom Accetta, 3417 Starline Drive, stated that he felt the slope was steeper than 2:1; that he had contacted Mr. & Mrs. Price to try and reach a compromise; and, that he had offered to pay for grading which would lower the pad of the proposed house and eliminate the view blockage problem. Dale Hinkle, geologist for the Accetta's, explained the nature of this slope; that the building area should be restricted to the 2:1 slope area and explained what areas of the lot were unbuildable. He proposed a compromise design to lower the site by 6 ft. Bill Eide, 3420 Starline Drive, stated that the Accetta's had a well kept and landscaped home and that they cooperated with him when requested to trim their trees because of view blockage. He suggested that a compromise be made so they could retain their view. Representing Mr. & Mrs. Price was their architect Andrea Wakita, 1379 Parkwestern Drive, San Pedro, who made a presentation showing exhibits of the lot and the proposed residence and presented statistics defending their position that the residence was not much larger than the other homes in the City Council Minutes February 17, 1998 Page 5 neighborhood. (Ms. Wakita's presentation is on file with the City Clerk's Office.) Mr. Accetta then rebutted some of the statements made by Ms. Wakita in her presentation. Council discussion then centered on whether a compromise could be reached about the location of the house to avoid the impact on the Accetta's view. Property owner Gene Price, 3434 Newridge Drive, stated his opposition to changing the elevation of the house because he felt that he would lose a substantial amount of his view. There being no other speakers on the matter, Mayor Ferraro declared the public hearing closed. Council discussion of the matter centered on the preservation of views and the fact that while the proposed project would block the Accetta's view, nonetheless, it was within the criteria set by the code. Resolution No. 98 -10 DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF GRADING PERMIT NO. 1950 FOR A NEW, SINGLE- FAMILY RESIDENCE AT 3434 NEWRIDGE DRIVE was read by title and adopted on motion of Councilman Byrd, seconded by Councilman McTaggart. Motion carried without objection. RECESS AND RECONVENE Mayor Ferraro declared a recess at 8:55 P.M. INTERVIEW OF PLANNING COMMISSION CANDIDATE (106 x 301 x 1203) The City Council interviewed two candidates for the vacancy on the Planning Commission. No action was taken. Reconvene: At 9:20 P.M. the City Council meeting reconvened. REGULAR BUSINESS: Draft Amendments - VRC Guidelines (1203 x 1806) Director Rojas presented the staff report of February 17 and the City Council Minutes February 17, 1998 Page 6 recommendation that Council adopt the amended View Restoration Commission (VRC) Guidelines. The following residents spoke in favor of the Draft Amendments to the View Restoration Commission Guidelines: Ken Dyda, 5715 Capeswood Drive, who complemented the City Council's decision on the guidelines; and, Tom Long, 4830 Browndeer Lane, who also urged adoption of amended guidelines. Councilman MCTaggart moved, seconded by Councilman Hollingsworth, to adopt the amended VRC guidelines as follows: Section IV -A -1 Language added to clarify that the early neighbor (Page 5) consultation process noted in this sub - section is described later in the section. Section V -B This section re- written to clarify the policy of (Page 11) requiring replacement foliage if foliage that is trimmed dies within one year of the initial trimming. In addition, a reference to the new replacement foliage standards was added. Section V -E This sub - section clarified; specifically, a sentence which (Page 13) stated that replacement foliage should be comparable to foliage that is an integral element of a property owner's landscape plan has been deleted. Section V -G This section re- written to simplify the explanation (Page 14) and purpose of a "maintenance schedule ". Specifically, the reference to monthly trimming and the requirement that the City's Code Enforcement Staff inspections be dictated by the maintenance schedule have been deleted. [The Code Enforcement inspection process is discussed in Section VIII - A-1]. Section V -J Language added to explain what is to occur if a paid invoice (Page 15) is submitted by a foliage owner which exceeds the funds in the City's trust Deposit. In addition, language has been added to clearly state that a foliage owner is not eligible for financial compensation if (s)he performs the foliage trimming himself /herself. Section VII -D -5 -b This section re- written to revert to the original City Council Minutes February 17, 1998 Page 7 (Pages 18 -19) policy that Commissioners are not required to visit a foliage owner's property unless requested to do so by the foliage owner. Section VIII -A -1 -a The language of this section clarified to make it (Page 21) mandatory that City Staff use the height limits established through an approved View restoration Permit (VRP) as a benchmark for making determinations on any future view preservation actions. Section VIII -A -1 -b The language of this section amended to limit the (Page 21) number of complaints that may be filed without a fee, after a VRP has been approved and the initial trimming performed, to no more than once a year. The new language also allows applicants the opportunity to file more frequent complaints if a fee is paid. Section VIII -A -2 -d The language of this section amended to limit the (Page 22) number of petitions that may be filed without a fee, by residents seeking view preservation action in lieu of a VRP Application, to no more than once a year. The new language also allows residents the opportunity to file more frequent petitions if a fee is paid. Section VIII- A -24/1 These sections have been modified to require a meeting (Pages 23- 24) between a view petitioner, foliage owner and the City, similar to the new early neighbor consultation process for VRP's, before a final determination is made on a petition for view preservation action. Motion carried without objection. View Restoration Restrictions - Property Acquisition (1203 x 1806) Director Rojas presented the staff report of February 17 and the recommendation to discuss the issue of placing view restoration process restrictions on property owners who did not have a view at the time they purchased their residence and provide staff with direction. Tom Long, speaking as a private citizen and not as a View Restoration Commissioner, suggested leaving the ordinance as it is, which protects the views of all properties, rather than focusing on protecting the views of particular City Council Minutes February 17, 1998 Page 8 residences. Daniel Yang, 35117 Bendigo Drive, agreed with Council's suggestion that people seeking view restoration consult with the foliage owners. Council discussion focused on how view restoration applications submitted by new homebuyers should be processed; and if there should be a waiting period to discourage speculative buyers from seeking view restoration for properties that did not previously have a view. It was argued, however, that sufficient time should be given to the new amended guidelines to determine their effectiveness, especially the requirement for early neighborhood consultation. Councilman Byrd moved that new property owners be required to wait a specified time before applying for a view restoration permit; additionally, that the Council consider putting this proposition back on the ballot in November and see what changes need to be made to it. The motion was seconded by Mayor Pro Tem Hollingsworth and carried on the following roll call vote. Ayes: McTaggart, Hollingsworth, and Byrd Noes: Lyon and Mayor Ferraro After additional discussion, the motion was amended as follows: "... that new property owners be required to wait a specified time, if the application had not been made by this date." With this amendment, Councilman Byrd then changed his vote to "no" and the motion failed on a three - two vote with Councilmembers Hollingsworth and McTaggart voting in favor of the motion as amended. Forrestal Property Trails (701 x 1201) Director Rosenfeld presented the staff memorandum and the recommendation to direct the Recreation and Parks Committee, as part of the Conceptual Trails Plan review, to prioritize short and long range improvements to the trails on the recently acquired ,Forrestal property. Lois Larue, 3136 Barkentine, spoke in opposition to prioritizing short and long range improvements. She requested more information on the matter. Council discussion centered on the cost of trail maintenance; if the drainage in this area was a problem; the advantages of separating this trail from the Conceptual Trails Plan; the requirement that critical habitat areas at this site be City Council Minutes February 17, 1998 Page 9 protected; making this trail more accessible; not to consider this area a park but more of a wilderness area; and the necessity that the Finance Advisory Committee look at the costs involved in the maintenance and improvement of the site. It was the consensus of Council that the Recreation and Parks Committee, separate from the Conceptual Trails Plan review, prioritize short and long range improvements to the trails on the recently acquired Forrestal property. Lease Extension for Cox Communication for Former Cable Studio Building at City Hall Site & Discussion of Fiberoptics System (605 x 1101) Assistant City Manager Petru presented the staff report of November 5 and the recommendation to authorize the extension of the lease agreement with Cox Cable for the use of the former cable studio building at City Hall until March 15, 1999. Lois Larue, 3136 Barkentine, noted a typographical error in the staff recommendation. Representing Cox Communication was General Manager Steve Fowler who responded to Council's inquiries about rate structure, the installation of the new fiberoptic system; and, the markings on City sidewalks that would be removed upon the completion of construction work. Councilman Byrd moved, seconded by Mayor Pro Tem Hollingsworth, to approve staff recommendation to authorize the extension of the lease agreement with Cox Cable for the use of the former cable studio building at City Hall until March 151 1999. Motion carried. Planning Commission Vacancy (106 x 301 x 1203) City Clerk Purcell presented the staff memorandum and the recommendation to make an appointment to the Planning Commission to fill the vacancy left by Commissioner Whiteneck's resignation. Lois Larue, 3136 Barkentine, listed the applicants for the Planning Commission and suggested that Council consider appointing a woman. After one round of voting, the Council appointed Eric Paris to the Planning Commission with a term of office until December 1999. 1 City Council Minutes February 17, 1998 Page 10 Resol. No. 98 -11 - Mid -year Financial Report (602 x 1204) Director McLean presented the staff memorandum and the recommendation to (1) Receive and file the mid -year financial report; and, (2) Adopt the proposed resolution amending Resol. No. 97 -55, the budget appropriation for FY 1997 -98, to increase or decrease certain expenditure appropriations and estimates of revenue in the General Fund, Capital Improvement Projects Fund and LLESS /COPS (Special Public Safety) Fund. Councilman McTaggart moved, seconded by Councilwoman Lyon to order received and filed the mid -year financial report; and, ADOPT RESOL. NO. 98- 11, AMENDING RESOLUTION NO. 97 -55, THE BUDGET APPROPRIATION FOR FY 97 -981 TO INCREASE OR DECREASE CERTAIN EXPENDITURE APPROPRIATIONS AND ESTIMATES OF REVENUE IN THE GENERAL FUND, CAPITAL IMPROVEMENT PROJECTS FUND, AND LLESS /COPS (SPECIAL PUBLIC SAFETY) FUND. Request to Reschedule April 7, 1998 Council Meeting (307 x 1101) It was the consensus not to reschedule the first meeting in April and meet on the regular April 7th date. ORAL CITY COUNCIL REPORTS: Councilman McTaggart requested that establishment of a deadline to re -open the Long Point Access be agendized; also, that the airport expansion be set for a future meeting, as well as discussion of the position of the City of Los Angeles relative to off shore oil tankers. PUBLIC COMMENTS: Mark Abrams, 44 Oceanaire Drive, spoke to the Radio Communications Systems bid as presented on the January 20, 1998 agenda and referenced the three -ring binder which he distributed to Council containing information on such a system. He stated that some items in the bid showed discrepancies and said that he would speak about this matter again to the City Council. Lois Larue, 3136 Barkentine, spoke to a number of matters: the recently held NCCP meeting; the death of the head of the ACLU; whether it was a violation of the separation of church and state for the City to hold meetings at the Salvation Army Headquarters next door to City Hall; and, the appointment of Joel Rojas as Interim Director of the Planning Department. City Council Minutes February 17, 1998 Page 11 Ken Dyda, 5715 Capeswood Drive, inquired about what could be done to enforce Permit No. 17. Councilman McTaggart requested that the meeting be adjourned in the name of Aziz Lakhani, a resident of Rancho Palos Verdes and inventor of the bar code system. Mayor Ferraro so moved, and the meeting was adjourned at 10:59 P.M. in Mr. Lakhani's honor. ATTEST: CITY CLERK .J i1 MAYOR City Council Minutes February 17, 1998 Page 12