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CC MINS 19980303MINUTES RANCHO PALOS VERDES CITY COUNCIL MARCH 3, 1998 REGULAR MEETING The meeting was called to order at 6:00 P.M. by Mayor Ferraro 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 7:08 P.M. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: Byrd, Lyon, McTaggart, Hollingsworth, and Mayor Ferraro ABSENT: None Also present were City Manager Paul D. Bussey; City Attorney Carol Lynch; Interim Planning, Building & Code Enforcement Director Joel Rojas; Associate Planner Greg Pfost, Director of Public Works, Les Evans; Director of Finance Dennis McLean; Asst. City Manager Carolynn Petru; Administrative Services Director /City Clerk Jo Purcell; and, Recording Secretary Susan Schaeffer. CEREMONIAL. EVENT: (106 x 304 x1101) Mayor Ferraro commenced with the recognition of former committee and commission members. City plaques were presented to the following people: Wa Na Ng served on the Planning Commission from December 1995 to December 1997. The Mayor and Council expressed their appreciation for her work. Walter Marshall was on the View Restoration Commission from January 1996 to December 1997. The Mayor and Council expressed their appreciation for his service. Robert Mack was on the Public Access Cable N Advisory Board from July 1996 to December 1997. The Mayor and Council said they regretted seeing him retire. Mr. Mack encouraged all citizens to volunteer for the City. Frank Lyon was the chairman of the Finance Advisory Committee from March 1994 to December 1997 and is currently on the Planning Commission. The Mayor and Council expressed their gratitude that he is continuing to serve the City. City Council Minutes March 3, 1998 Page 1 Absent for the ceremony were Lawrence Whiteneck, Planning Commission, January 1994 - December 1997; Jennifer Boudreau, View Restoration Commission, January 1990 - December 1997; Nancy Goern, View Restoration Commission, January 1992 - December 1997; Ben Karmelich, View Restoration Commission, January 1996 - December 1997; William Baker, Traffic Committee, January 1996- December 1997; Linda Barnes, Traffic Committee, March 1995 - December 1997; and Eva Cicoria, Recreation & Parks Committee, January 1996- December 1997. RECYCLE DRAWING A card was drawn for the recycle drawing, and the winner will be announced at the next Council meeting. APPROVAL OF THE AGENDA Councilman Byrd moved, seconded by Councilwoman Lyon to approve the agenda. Motion carried. APPROVAL OF THE CONSENT CALENDAR Lois Larue, 3136 Barkentine Road, commented on the minutes of January 23 and February 3. Councilman McTaggart moved, seconded by Councilman Byrd, to approve the Consent Calendar as follows: Waiver of Full Reading Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all Council members after the reading of the title. Minutes (301) Approved the minutes of January 23 and February 3, 1998. ORDINANCE NO. 330 - MIRALESTE PLAZA PARKING(1204 x 1502) ADOPTED ORDINANCE NO. 330 OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING FOUR 20- MINUTE TIME LIMIT PARKING SPACES IN MIRALESTE PLAZA. (This ordinance was introduced at the February 17 meeting.) City Council Minutes March 3, 1998 Page 2 Notice of Completion for the FY 96 -97, 97 -98 Overlay Programs (Sully Miller Contracting, Inc.) (1204 x 1404) (1) Accepted the work as complete; (2) Authorized the City Clerk to file a Notice of Completion with the County Recorder, and if no claims are filed within 35 days after recordation, and upon the contractor posting an acceptable security, notify the surety company to exonerate the Payment and Performance Bonds posted at the time the contact was awarded, and; (3) Authorized the Finance Director to release retention 35 days after recordation of the Notice of Completion, contingent upon no claims being filed, and the contractor posting acceptable security. Natural Community Conservation Planning (NCCP) Project Contract Amendment for Phase 1 of the NCCP Subarea Plan (1203) Authorized the City Manager to execute an amendment to the current professional services agreement with Ogden Environmental and Energy Services Company, Inc. for additional tasks totaling $5,500, which are necessary for completion of Phase I of the Palos Verdes Peninsula Subarea NCCP. RESOL NO. 98 -12 - REGISTER OF DEMANDS(602) Adopted Resol. No. 98 -12- 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: Byrd, Lyon, McTaggart, and Mayor Ferraro NOES: None ABSTAIN: Hollingsworth on the February 3 minutes. PUBLIC HEARING: Resol. Nos. 98 -13, 14 & 15: Ordinance No. 331 - GENERAL PLAN AMENDMENT NO. 24, ZONE CHANGE NO. 26, PROPERTY OWNER: MR. PRITAM MATHARU, 5303 BAYRIDGE ROAD (701 x 1203) City Council Minutes March 3, 1998 Page 3 Mayor Ferraro opened the public hearing on this matter and City Clerk Purcell reported that notice of the hearing had been duly published and protest letters were made a part of the agenda package. Associate Planner Greg Pfost presented the staff report with the recommendation that the negative declaration for the project be approved, and that the zone change be approved as it complies with the applicable zoning and building codes and is consistent with the general plan. Mr. Pfost further stated that there were three letters received from nearby property owners concerning this project. The first letter from Mr. and Mrs. Sturgeon requested a restriction that no additional habitable structures be placed on the 3.36 acre lot. The second letter from Paula Booth expressed concern over the future use of the canyon and requested that it be zoned as open space. The third letter from Mr. and Mrs. Stag expressed concern over potential future lighting structures constructed in the 3.36 acre parcel. In conclusion, Mr. Pfost stated that the Planning Commission felt there were adequate mechanisms available to the City to limit the type of development and further subdivision and that the project should be approved. A brief Council discussion focused on alteration to utilities, landscaping concerns with respect to de- stabilization of the hillside and how the decision of the division of acreage was made. The property owner, Mr. Pritam Matharu, 5303 Bayridge Road, began his presentation by answering the question of division of acreage. He stated that five acres is the minimum required for the zoning of the Ironwood property. He explained the current topography and access to the acreage, and stated there is no access to the 2.87 acres except from his house. The proposed zone change would make a natural division between the Bayridge property and the property at 5325 Ironwood Street. Council requested further clarification on the acreage division, and Mr. Matharu reiterated that he and his family do not plan to sell the property, or further subdivide the property, and would like to use it for recreation and landscaping purposes. Mr. Rollin Sturgeon, 5456 Bayridge Road, assured the Council that the property is used as. Mr. Matharu stated, and to ensure that it stays that way, requested a stipulation be added to the deed that the property not be subdivided further and no building be allowed on the 2.87 acre parcel. Mr. A.L. Scow, 5302 Bayridge Road, stated that this canyon has had a long history and City Council Minutes March 3, 1998 Page 4 has changed ownership many times. He felt this amendment would put the property "to rest" and stated that this proposed change is a positive one. Mr. Jack Graux, 5317 Rolling Ridge Road, stated he is in accord with the proposal. Mrs. Helen Graux, 5317 Rolling Ridge Road, gave a brief history of some of the changes that were previously proposed for this land, and further stated she likes and approves of what Mr. Matharu was proposing. Council discussion centered on deed restrictions. It was the Council's consensus that any conditions be amended so that any future changes to the deed restriction require a public hearing. Councilman Byrd moved, seconded by Councilman McTaggart to adopt Resol Nos. (1) 98 -131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING A NEGATIVE DECLARATION AND MAKING CERTAIN ENVIRONMENTAL FINDINGS IN ASSOCIATION WITH ENVIRONMENTAL ASSESSMENT NO. 696 FOR GENERAL PLAN AMENDMENT NO. 24, ZONE CHANGE NO. 26, AND LOT LINE ADJUSTMENT NO. 60 FOR A CHANGE IN LAND USE DESIGNATION ON A 2.87 ACRE PORTION OF AN EXISTING 7.87 ACRE LOT AND ADJUSTMENT OF THE LOT BOUNDARIES FOR PROPERTIES LOCATED AT 5303 BAYRIDGE ROAD AND 5325 IRONWOOD STREET; (2) 98 -141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING GENERAL PLAN AMENDMENT NO. 24 FOR A CHANGE IN LAND USE DESIGNATION ON A 2.87 ACRE PORTION OF AN EXISTING 7.87 ACRE LOT LOCATED AT 5303 BAYRIDGE ROAD AND 5325 IRONWOOD STREET; (3) 98 -15, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING LOT LINE ADJUSTMENT N0. 601 TO MOVE AN EXISTING LOT LINE THAT SEPARATES AN EXISTING 7.87 ACRE LOT LOCATED AT 5325 IRONWOOD STREET FROM AN EXISTING .49 ACRE LOT LOCATED AT 5303 BAYRIDGE ROAD, TO A POINT THAT WOULD CREATE A 5 ACRE PARCEL AT 5325 IRONWOOD STREET AND A 3.36 ACRE PARCEL AT 5303 BAYRIDGE ROAD. A roll call vote was taken for the introduction of ordinance No. 331, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING ZONE CHANGE NO. 26 FOR THE PROPERTY LOCATED AT 5303 BAYRIDGE ROAD AND 5325 IRONWOOD STREET, CHANGING A 2.87 ACRE PORTION OF A 7.87 ACRE LOT FROM RESIDENTIAL 2 -4 D.U. /ACRE TO RESIDENTIAL 1 D.U. /5 ACRES. The motion carried on the following roll call vote: AYES: McTaggart, Hollingsworth, Lyon, Byrd, & Mayor Ferraro City Council Minutes March 3, 1998 Page 5 NOES: None CABLE TELEVISION FRANCHISE (605 x 1101) Assistant City Manager Petru presented the staff report and identified the following policy issues: (1) Whether the City should remain uncertified by the FCC to regulate basic cable service rates; and (2) whether the City should inform the cable operator of any failures to adequately perform its obligations to provide, maintain, and replace the cablecasting equipment and /or conduct an assessment of the City's future needs in anticipation of the upcoming franchise renewal process. She then presented the following recommendations: (1) Repeal the "Cable Television Construction Policy" that was approved on January 6, 1987, (2) Inform the cable operator that the City must be notified in writing prior to commencement of service, if the operator becomes certified by the CPUC to provide telephone service in the City, (3) Initiate an informal review and renewal process if the cable operator does not submit a formal or informal request for review and renewal by July 1, 1998, and (4) Prepare a comprehensive "Telecommunications Regulatory Ordinance" to replace the existing Municipal Code Cable Television System Franchise Ordinance. Council discussion focused on the following concerns: (1) regulation of basic cable rates, and the role of the FCC in regulating rates; (2) having a reasonable complaint resolution procedure that City Council could refer to, and having a venue for the public to voice their concerns and complaints to Cox Cable; (3) Receipt of 5 percent of the gross revenues from Cox and means of certifying or auditing these figures to ensure the City is receiving the full 5 percent; and (4) The advent of fiber optics and digital transmission. Council inquired about Cox providing government access cable equipment and the apparent lack of maintenance with that equipment. Asst. City Manager Petru stated that Cox is required to keep all equipment in good working order, including the mobile equipment that is used for Rancho Palos Verdes City Council meetings. Councilwoman Lyon moved, seconded by Councilman Byrd to prepare a new Telecommunications Regulatory Ordinance to replace Chapter 13.12 (Cable Television System Franchises). The motion carried with no objection. The decision was also made for the City not to seek FCC certification to control rates, and Staff to report to Council a method of public input regarding basic cable service. Recess and Reconvene: At 8:24 p.m., Mayor Ferraro declared a recess. The meeting reconvened at 8:40 p.m. City Council Minutes March 3, 1998 Page 6 NEIGHBORHOOD FAMILIARIZATION PERIOD FOR VIEW RESTORATION PERMIT APPLICANTS (1203 x 1806) Acting Director Rojas reported that in contacting a local realtor, he learned the following: for 1997 in the City of Rancho Palos Verdes, there were 432 home sales (an average of 36 per month). This information was gained to gauge how many potential new view restoration permit applications would be filed by new homeowners. Warren Sweetnam, 7 Top Rail Lane, stated he is an eight -year veteran of the View Restoration Commission, and does not recall any view restoration applications being submitted by owners of property who suddenly try to get a view that wasn't there before. He proceeded to say that neighbors, whether they are new or old, should talk to each other before they apply and start the process of view restoration. Within the Prop M guidelines, there is currently a pre - application mediation session available to view restoration applicants. He felt a moratorium for new owners would result in a flood of applications, and urged the Council to give the new guidelines a chance to work. Councilman Hollingsworth made a presentation regarding the neighbor familiarization period for view restoration. His presentation focused on the following: neighborhood harmony; the City Council having the authority to make amendments to Prop M to enhance the purpose of the ordinance; and, tailoring amendment guidelines to balance the rights of view owners and foliage owners. He further stated he would like to expand the early neighbor consultation process to become a neighborhood familiarization process and require a new owner to wait 24 months prior to initiating view restoration procedures. This 24 -month familiarization period would apply only to new home purchases after a date set by Council. In closing, he stated that the neighborhood familiarization process was a tool that could be put to good use. Council discussion ensued and focused on whether new property owners are indeed immediately applying for view restoration permits. It was argued, however, that sufficient time should be given to allow the current guidelines a chance to work since it was not known if such a problem really exists. Responding to Council's inquiry, Director Rojas stated that there are 12 or 13 current applications for view restoration. City Attorney Lynch stated that such an amendment to Prop M would require voter approval, and stated she was comfortable with the current guidelines of the 60 -day mediation period. City Council Minutes March 3, 1998 Page 7 City Manager Bussey stated that Staff could research previous view restoration applications to determine how many previous applications were from new owners, and if so, how soon after purchasing a home an application for view restoration was filed. Councilman McTaggart moved, seconded by Councilman Hollingsworth, that this item be continued to the March 17 Council meeting when a report could be made on statistical information regarding the date of purchase of properties in relation to the date of application for view restoration. The motion carried on a three -two vote with Mayor Ferraro and Councilwoman Lyon voting against the motion. ORAL CITY COUNCIL REPORTS: Councilman McTaggart spoke regarding the South Bay Council of Governments (SBCOG) and their recruitment for an executive director. Public Comments: Lois Larue, 3136 Barkentine Road, informed the Council of a pottery exhibit by former RPV resident, Harry Lipshutz, at the Main Peninsula Center Library. ADJOURNMENT: At 9:20 p.m. the meeting was adjourned on motion of Mayor Ferraro to 10:00 A.M. March 9, 1998, for a site visit to 30764 Tarapaca Road. ' ATTEST: CITY CLERK N ' clerk \minutes \030398cc.min City Council Minutes March 3, 1998 Page 8