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CC MINS 19980317MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 17, 1998 The meeting was called to order at 7:10 P.M. by Mayor Ferraro at the Fred Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance to the Flag, roll call answered as follows: PRESENT: Hollingsworth, Byrd, Lyon, McTaggart, and Mayor Ferraro ABSENT: None Also present were City Manager Paul D. Bussey; Assistant City Manager Carolynn Petru; City Attorney Carol Lynch; Interim Planning, Building & Code Enforcement Director Joel Rojas; Director of Public Les Evans; Director of Finance Dennis McLean; Administrative Services Director /City Clerk Jo Purcell; and Recording Secretary Chandra Kincaid. CEREMONIAL EVENT (1101 X 304) Mayor Pro Tem Hollingsworth presented the City's 25th Anniversary Logo to Mayor Ferraro. Mayor Ferraro noted that the City was forming a 25th Anniversary Committee and requested that interested residents contact staff about serving on this committee. APPROVAL OF AGENDA Councilwoman Lyon moved, seconded by Councilman McTaggart, to approve the Agenda. Motion carried without objection. APPROVAL OF CONSENT CALENDAR City Clerk Purcell reported that with regard to the minutes of February 17, 19981 Councilman Hollingsworth wishes to abstain on the resolutions of approval for C.U.P. No. 185 - Wayfarers Chapel. Lois Larue, 3136 Barkentine Road, spoke to a number of items on the Consent Calendar; the budget adjustment Resolution for recruitment for a new City Manager; approvals for vesting Tentative Tract Map No. 46628 at Subregion 1; and, to several warrants on the Register of Demands. With regard to Ms. Larue's comment about the extension of approvals for vesting tentative Tract Map No. 46628, City Attorney Lynch stated that under the Map Act, the legislature previously granted two automatic two -year extensions periods due to the downturn in the economy. Councilman McTaggart moved, seconded by Councilwoman Lyon, to approve the Consent Calendar as follows: Motion to waive full reading of ordinances. ! 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 councilmembers after the reading of the title. MINUTES (301) Approved the Minutes of January 22, February 17, March 3, and March 9, 1998. Ordinance No. 331 - General Plan Amendment No. 24 (701 X 1203 X 1801) Adopted ORDINANCE NO. 331 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. (This Ordinance was introduced at the meeting of March 3, 1998) Resol No. 98 -16 - Budget Adjustment (602 X 1202) ADOPTED RESOL. NO. 98 -161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES MAKING A BUDGET ADJUSTMENT FOR THE CITY'S GENERAL FUND IN THE AMOUNT OF $18,500 FOR CITY ADMINISTRATION - PERSONNEL EXPENDITURES ASSOCIATED WITH THE RECRUITMENT FOR THE NEW CITY MANAGER. Tentative Tract Map No. 46628 - Extension of Approvals (11203 X 1411) Extended the approval of Vesting Tentative Tract Map No. 46628 for Subregion 1 for one (1) year until March 17, 1999. Measure "A" Discretionary Funds (11101 X 1201) City Council Minutes March 17, 1998 Page 2 Authorized staff to prepare a letter for the Mayor's signature requesting that the City be considered for any additional 1992/96 Measure "A" Discretionary Funds which might be available to use in the development of Lower Hesse Park. Resol, No. 98 -17 - Register of Demands (602) ADOPTED RESOL. NO. 98 -17 , 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 ABSTAIN: Hollingsworth on the minutes of February 17, 1998 PUBLIC HEARING: Appeal Grading Permit No. 1933 for 30764 Tarapaca Road (1203 X 1801) # Councilwoman Lyon moved, seconded by Councilman McTaggart, to continue this item to the April 21, 1998 City Council meeting. Motion carried without objection. View Preservation Requests -Fee for requests in excess of one per twelve month period (1203 X 1806) Mayor Ferraro opened the public hearing on this matter and City Clerk Purcell reported that notice had been duly published and that no written protests were received by the City. Director Rojas presented the staff memorandum of March 17, 1998 and the recommendation to adopt the proposed resolution amending Resol. No. 92 -68 (the City's fee resolution) to establish a new fee for view preservation requests in excess of one per twelve month period and in response to the amended View Restoration Commission guidelines. Jill Mastous, 6863 Abbottswood Drive, stated that the foliage owner that resides below her home has Acacia hedges that grow over nine feet a year and that within three to four months her view is blocked; consequently, she stated that she needs more than City Council Minutes March 17, 1998 Page 3 one review per year. She stated her willingness to pay the City for this extra review and that she would buy the owner slow growing replacement foliage. She offered to alternate trimming costs on a six month basis for those trees planted prior to the passage of Prop. M. Dean Lowrey, 6402 Seabryn Drive, stated that the foliage owner below him has very fast growing trees and he felt it was unfair to be required to pay $250 a year for the privilege of continuing his view. Council discussion focused on incorporating a fee for View Preservation Requests made in excess of one per twelve month period; establishing a trimming schedule for foliage that is growing very rapidly; and, clarified that the $250 fee would be triggered when staff made the site visit. Councilwoman Lyon moved, seconded by Councilman McTaggart, to take no action on this item and to continue it to a later date. The motion carried four - one on the following roll call vote: AYES: Hollingsworth, Lyon, McTaggart, and Mayor Ferraro NOES: Byrd REGULAR BUSINESS: View Restoration Permit - Requirement for Neighbor Familiarization Period (1203 X 1806) Director Rojas presented the staff report of March 17, 1998 and the recommendation to discuss the issue and provide staff with direction. Jill Mastous, 6863 Abbotswood Drive, spoke on neighborhood disharmony and on preventing new owners from reclaiming a view that was blocked and reselling the home at a financial gain. (Ms. Mastous presented a written statement which is on file with the City Clerk's Office.) Joe Oliveri, 6 Chaparral Lane, expressed his concern that the proposal would take away the rights of new homeowners and would segregate the citizens into two classes - - the new homeowners and the elite. He applauded the City Council for adopting the recent guidelines. (Mr. Oliveri presented a written statement which is on file with the City Clerk's Office.) Bob Rockoff, 5525 Seaside Heights Drive, stated that requiring new homeowners to City Council Minutes March 17, 1998 Page 4 wait two years before applying for view restoration would only complicate the view restoration process. (Mr. Rockoff presented a written statement which is on file with the City Clerk's Office.) Ken Dyda, 5715 Capeswood Drive, spoke to the attitude expressed during the discussion of this topic at the last City Council meeting with respect to a statement made that the Council wanted to hear from individuals and not from individuals representing a group. (Mr. Dyda's written statement is on file with the City Clerk's Office.) Martin Dodell, 5751 Capeswood Drive, stated that this proposal is bad legislation and urged the Council to reject it because it created two classes of citizens. With respect to the statistics regarding the time period between the purchase of a house and the application for a view restoration permit, Council suggested staff prepare an update on these statistics every six months for Council review. Councilwoman Lyon moved, seconded by Councilman McTaggart, to receive and file this information. Motion carried without objection. Abalone Cove Beach Rehabilitation Project (1201 X 1204) Director Evans presented the staff report of March 17, 1998 and the recommendation to approve the project components and authorize staff to solicit the professional services necessary to prepare construction plans for the project. Lois Larue, 3136 Barkentine Road, objected to the Ad Hoc Committee pushing ahead with this project without any input from the residents. Bill Swank, 8 Seacove Drive, addressed the deficit of $130,000 and noted that is an incorrect number because the sewer system which is not constructed is not included in the cost estimate. He questioned how the Council could vote on a proposal to go into a deficit of approximately $130,000 and stated that the proposal is lacking in detail. Mr. Swank also stated that, while this proposal alleges to increase access for local residents, there is no evidence that the residents are in favor of this project. He said that the proposal lacks any projection of manpower costs, and he also questioned the justification for building a kitchen in the multi - purpose room. City Manager Bussey clarified that this proposal does not suggest the City go into debt. Lynn Swank, 8 Seacove Drive, stated that there were not a lot of participants present at City Council Minutes March 17, 1998 Page 5 the meeting because the residents did not receive notification of this proposal and that she disagrees entirely with this proposal. She also expressed her anger and frustration with the difficulty she has had in trying to obtain information about this project; questioned who the community stakeholders were if the residents are not; and recommended that the Council make a concerted effort to determine in a full forum how the community stakeholders really feel. City Manager Bussey clarified that Measure A funds could not be used for other projects. Council suggested putting a bulletin board up at City Hall to give people an opportunity to look at the staff report prior to the next meeting on this item. Staff suggested a community meeting to familiarize residents with this project. Councilman Byrd moved, seconded by Councilwoman Lyon, to conduct community outreach regarding the park improvement project and bring it back to the Council on April 21, 1998. Motion carried without objection. RECESS AND RECONVENE At 8:30 P.M., Mayor Ferraro declared a recess. The meeting reconvened at 8:45 P.M. City -Wide Drainage Master Plan (602 X 1204) Director Evans presented the staff report and the recommendation to authorize staff to incorporate a program to improve the deficient storm drain systems identified by the master plan of drainage into the City's Capital Improvement Program (CIP) and include $500,000 in the 1998 -99 preliminary budget for Council's consideration during the budget review process. Ken Dyda, 5715 Capeswood Drive, stated that storm drain systems did not handle the initial onslaught of heavy rains very well. Lois Larue, 3136 Barkentine Road, informed the Council that the problem at McCarrell Canyon has not been solved. Councilman Byrd moved, seconded by Councilwoman Lyon, to adopt the recommendation to authorize staff to incorporate a program to improve the deficient storm drain systems identified by the master plan of drainage into the City's Capital Improvement Program (CIP) and include $500,000 in the 1998 -99 preliminary budget for Council's consideration during the budget review process. City Council Minutes March 17, 1998 Page 6 Ordinance No. 332 - Amendments to City's Health Code (801 X 1101) City Manager Bussey presented the staff memorandum and the recommendation to 1. Introduce an ordinance adopting by reference the public health licenses regulations and the health and safety code of the County of Los Angeles, and amending the City's health code. 2. Call for a public hearing on April 7, 1998 to consider the second reading and adoption of the Ordinance. Lois Larue, 3136 Barkentine Road, questioned whether this would require all food establishments to have a person certified in safe food handling practices on the premises at all times and who would train the person. Staff clarified that the County would be responsible for training their personnel for this function and that they currently have a restaurant inspection program. Councilman McTaggart moved, seconded by Councilwoman Lyon, to 1. INTRODUCE ORDINANCE NO. 3321 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE THE PUBLIC HEALTH LICENSE REGULATIONS AND THE HEALTH AND SAFETY CODE OF THE COUNTY OF LOS ANGELES, AND AMENDING THE CITY'S HEALTH CODE; and 2. To call for a public hearing on April 71 1998 to consider the second reading and adoption of the Ordinance. Motion carried on the following roll call vote: AYES: Byrd, Lyon, McTaggart, Hollingsworth, & Mayor Ferraro NOES: None Ordinance No. 333 - Amendments to Chapter 9.04 (Burglar Alarm) of the Municipal Code (602 X 1206) Finance Director McLean presented the staff report of March 17, 1998 and the recommendation to introduce an ordinance approving amendments to the budget administration ordinance found in Chapter 9.04 of the Rancho Palos Verdes Municipal Code. Council discussion on this matter centered on flaws in the current permit system; instituting a door hanger for the sheriffs use to let the homeowner know they responded to their burglar alarm; and, whether the new proposed accounting software could process an escalating fee program. Mayor Pro Tem Hollingsworth moved, seconded by Councilwoman Lyon, to introduce ORDINANCE NO. 3331 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES City Council Minutes March 17, 1998 Page 7 APPROVING AMENDMENTS TO THE BUDGET ADMINISTRATION ORDINANCE FOUND IN CHAPTER 9.04 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. Motion carried on the following roll call vote: AYES: Hollingsworth, Byrd, Lyon, McTaggart, and Mayor Ferraro NOES: None Ordinance No. 334 - Amendments to Chapter 3.32 (Budget Administration) of the Municipal Code (602) Director McLean presented the staff report of March 17, 1998 and the recommendation to introduce an ordinance approving amendments to the budget administration ordinance found in Chapter 3.32 of the Rancho Palos Verdes Municipal Code. City Manager Bussey explained in detail how funds could be transferred between departments /programs without compromising budgetary control. Councilman McTaggart moved, seconded by Mayor Pro Tem Hollingsworth, to introduce ORDINANCE NO. 3347 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES APPROVING AMENDMENTS TO THE BUDGET ADMINISTRATION ORDINANCE FOUND IN CHAPTER 3.32 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. Motion carried on the following roll call vote: AYES: Byrd, Hollingsworth, Lyon, McTaggart, & Mayor Ferraro NOES: None Meeting Schedule for 1998 (307 X 602) Assistant City Manager Petru presented the staff report and the recommendation to 1. select a date in mid to late April for the City Council budget policy issue workshop. 2. Select two dates in early to mid May for the City Council Budget review workshops (only one date may be necessary). 3. Select two dates, one in the Spring and one in the Fall, for the Community Leaders' Breakfast meetings. Although the staff report included setting a date for the Neighborhood Watch Volunteer Appreciation Lunch, Ms. Petru indicated that staff had contacted Neighborhood Watch Coordinator Gail Lorenzen after the agenda had been prepared, and she indicated that the luncheon should be held early next year. Therefore, staff recommended not setting a date for this event at this time. The Council agreed on the following dates as the Special Meeting Schedule for 1998: 1. Monday, April 20, 1998 at 9:15 A.M., City Hall Community Room for the City Council City Council Minutes March 17, 1998 Page 8 Budget Policy Workshop. 2. Tuesday, May 5 and Thursday, May 14, 1998, 9:15 A.M., City Hall Community Room for the City Council Budget Review Workshops. 3. Saturday, April 25, 1998, 9:00 A.M., at a location yet to be determined and Saturday, October 10, 19981 9:00 A.M., at a location yet to be determined for the spring and fall Community Leader Breakfast meetings. 4. Council will select a date at a later time for the Neighborhood Watch Volunteer Appreciation Lunch. Insurance Requirements for Commercial Refuse & Collection (1204 X 1301) Director Evans presented the staff report of March 17, 1998 and the recommendation to authorize the Mayor and the City Clerk to execute Amendments to the Agreements for Nonexclusive Commercial Refuse Collection and Disposal Services with Rapidway Disposal (Formerly Angelus- Hudson, Inc.), Browning- Ferris Industries (13171), Waste Management of Los Angeles, Western Waste Industries, S &H Disposal Company, HMD Waste Company, EDCO Disposal Corporation, ACE Roll Off Rubbish Service, Inc., and OK Rubbish Service Company to require commercial general liability insurance in an amount not less than $4,000,000. 2. Authorize the Mayor and the City Clerk to execute Amendments to the Agreements for nonexclusive Commercial Refuse Collection and Disposal Services with Ivy Rubbish Disposal to require commercial general liability insurance in an amount not less than $1,000,000. Tony Rivera, owner of ACE Roll Off Rubbish Services, explained that he has been operating in Rancho Palos Verdes with a $2 million general liability insurance policy and does not understand why he is now being required to carry a $5 million insurance policy when he mostly does construction clean up and no residential pick up. He urged the Council to take into consideration that he is a small business with no umbrella policy. Council discussion focused on what amount of insurance to require; making a distinction between commercial pick up and residential pick up; and concerns about the liability in the event of picking up hazardous waste. Councilman McTaggart moved, seconded by Councilwoman Lyon, to accept staffs Recommendation No. 2. to authorize the Mayor and the City Clerk to execute Amendments to the Agreements for Nonexclusive Commercial Refuse Collection and Disposal Services for all commercial refuse haulers to require commercial liability insurance in an amount not less than $1,000,000. Motion carried on the following roll call vote: AYES: Hollingsworth, Byrd, Lyon, McTaggart, and Mayor Ferraro NOES: None City Council Minutes March 17, 1998 Page 9 ORAL CITY COUNCIL REPORTS: Councilman McTaggart requested that City Manager Bussey look into a letter he received from the Palos Verdes Police Officers Association soliciting money. City Manager Bussey responded that he would check to see if the Association is sponsoring this and possibly publicizing the fact that the police officers do not represent Rancho Palos Verdes. PUBLIC COMMENTS: Lois Larue, 3136 Barkentine Road, commended Director- Rojas for the manner in which he handled a disruptive speaker at the N. C. C. P. meeting which he chaired. Ken Dyda, 5715 Capeswood Drive, spoke about the View Restoration Guidelines which stated that the View Frame defined by the View Restoration Commission should be used as a benchmark and urged the Council to enforce the View Ordinance and comply with the permit that was issued. (Mr. Dyda's written statement is on file with the City Clerk's Office.) ADJOURNMENT: Councilman Byrd requested that the meeting be adjourned in the name of Dr. John F. Mann, a member of the City's Geological Peer Group. Mayor Ferraro so moved, and the meeting was adjourned at 10:15 P.M. in Dr. Mann's honor. ATTEST: ewe- CITY CLERK 031798cc. min City Council Minutes March 17, 1998 Page 10