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CC MINS 19980707 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 79 1998 The meeting was called to order at 6:00 P.M. by Mayor Ferraro at Fred Hesse Community Park, 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 7:00 P.M. After the Pledge of Allegiance, roll call was answered as follows: PRESENT: Lyon, McTaggart, Byrd, Hollingsworth, Mayor Ferraro ABSENT: None Also present were City Manager Les Evans; Assistant City Manager Carolynn Petru; City Attorney Carol Lynch; Director of Planning, Building & Code Enforcement Joel Rojas; Acting Director of Public Works Dean Allison; Director of Finance Dennis McLean; Director of Administrative Services/City Clerk Jo Purcell; Associate Planner Kit Fox; Sr. Administrative Analyst Gina Park; and, Recording Secretary Jackie Drasco. RECYCLE DRAWING: (1204 X 1301) Names of June winners, Richard W. Kidd and Mark Lacaillade, were announced and two names were drawn for July. Recipients receive one year of free trash service. APPROVAL OF AGENDA Because Steve Fowler from Cox Cable was unable to make his presentation, Mayor Ferraro suggested that the status of the LAX airplane noise matter be heard in place of Mr. Fowler's presentation. Councilman McTaggart moved, seconded by Mayor Pro Tem Hollingsworth, to approve the agenda as amended. The motion carried. APPROVAL OF CONSENT CALENDAR: Mayor Pro Tem Hollingsworth moved, second by Councilman McTaggart, 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 the 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 May 14 and June 16, 1998. Resol. No. 98-62 - First Amended and Restated Joint Powers Agreement for South Bay Cities Council of Governments (301 X 306) 1. Approved the proposed amendment to the Joint Powers Agreement for the South Bay Cities Council of Governments (COG). 2. ADOPTED RESOL. NO. 98-621 A RESOLUTION OF THE CIN COUNCIL OF THE CIN OF RANCHO PALOS VERDES APPROVING A FIRST AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (A JOINT POWERS AUTHORITY) PROVIDING FOR THE ESTABLISHMENT OF AN INACTIVE MEMBERSHIP STATUS AND MODIFYING THE AUTHORITY'S QUORUM REQUIREMENT. Ocean Trails - Vesting Tentative Tract Map No. 50667 (1.203 X 1411) Determined that the proposed modification to the final design of La Rotonda Drive is in substantial conformance with approved Vesting Tentative Tract Map No. 50667. EPA Supertund Municipal Settlement Policy (1101) Approved a contribution of$1,000 to the American Communities for Cleanup Equity for the defense of the U.S. Environmental Protection Agency's Supertund Municipal Settlement Policy. Resol, No. 98 - 63 - Capital Improvement Program Funding Agreements (602 X 1204 X 1505) ADOPTED RESOLUTION N0. 98-631 A RESOLUTION OF THE CITY COUNCIL OF THE CIN OF RANCHO PALOS VERDES AUTHORIZING THE MAYOR AND THE CIN CLERK TO SIGN THE FUNDING AGREEMENTS WITH THE STATE OF CALIFORNIA FOR CYCLE 8 OF THE STATE AND LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FOR APPROVED CAPITAL IMPROVEMENT ROAD PROJECTS. Professional Services Agreement - FY 1998-99 NPDES Clean Water Act Implementation (1204 X 7402) 1. Awarded a professional services contract to John L. Hunter and Associates for FY 1998-99 National Pollutant Discharge Elimination System (NPDES)/Clean Water Act Implementation for a not to exceed amount of$17,658 for specific services and up to $10,000 for unspecified services based on time and materials; and, 2. Authorized the Mayor and the City Clerk to execute an agreement for same. City Council Minutes July 7, 1998 Page 2 Audited Services Contract for FY 1997-98 and FY 1998-99 (602) Authorized the Mayor and the City Clerk to execute the proposed audit services agreement with Diehl, Evans and Company, LLP for Fiscal Years 1997-98 and 1998- 99. Loan Agreement between the City and the Redevelopment Agency (602 X 1900) Authorized the Mayor and the City Clerk to execute the proposed Loan Agreement between the City and the Rancho Palos Verdes Redevelopment Agency. Resol. No. 98-64 - Planning Commission Monthly Payments (602 X 1203) ADOPTED RESOL. NO. 98-641 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 98-47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1998-99, FOR A BUDGET ADJUSTMENT TO THE CITY'S GENERAL FUND. . Waste Management of Los Angeles -Assignment of Agreements (1204 X 1301) Approved the assignment of Waste Management of Los Angeles exclusive residential single-family and multi-family agreements, and non-exclusive commercial refuse collection and disposal services agreement. Resol. No, 98- 65 - Register of Demands (602) ADOPTED RESOL. NO. 98-651 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: Lyon, McTaggart, Byrd, Hollingsworth, Mayor Ferraro NOES: Hollingsworth and Lyon on Planning Commission Monthly Payments STATUS OF LAX AIRPLANE NOISE COMPLAINT (I 101 X 305) City Manager Evans presented the staff report of July 7, 1998 and the recommendation to provide direction to staff. He summarized the problem and explained action that the City and other cities in the area had taken. Council discussion centered on FAA task force meetings; the types of aircraft which were causing the noise; changes the FAA had proposed making in altitude and return City Council Minutes July 7, 1998 Page 3 over land requirements; the changes already made; the importance of resident input; and, the fact that public pressure must be kept on the FAA until there is improvement. David Kuntz, 28409 Quailhill Drive, stated that he was speaking for a number of people; that he felt the action taken by the FAA task force had been inadequate; and, that the City should take the following steps: send a mass mailer to all Rancho Palos Verdes residents urging them to participate in a letter writing campaign; publication of a special edition of the City's newsletter covering this problem; and, establishment of a City hotline to monitor complaints. He offered volunteers to stuff envelopes or provide space on roofs for monitoring equipment. He closed by indicating that FAA's website could be reached at faa.gov. (A copy of Mr. Kuntz' written statement is on file in the City Clerk's Office.) Dr. Dan Temianka, 1325 Via Gabriel, Palos Verdes Estates, stated it was important that the four Peninsula cities work together, including litigating the matter, if necessary. He stated he has been logging the number of planes and felt that the FAA was not addressing small, civil airplanes out of the Torrance and Hawthorne airports. Beverly Ackerson, 27129 Spring Creek, stated her agreement with the previous speakers and added that the LAX noise hotline was not being answered. She suggested that this matter be placed on the City Council agenda once each month and that updated information be published in newspapers and aired on cable television. (A copy of Ms. Ackerson's written statement is on file in the City Clerk's Office.) Andrew Mardesich, 1931 Bardale Ave, San Pedro, President of the San Pedro Peninsula Homeowners Coalition (consisting of ten homeowners associations) expressed his appreciation of City Council's efforts and offered the cooperation of his members. He indicated that San Pedro residents were receiving no support from the City of Los Angeles. Eldon Prescott, 28861 Geronimo Drive, stated that he has been documenting the number of planes flying over his home and believed that the noise problem had worsened. Mrs.,Hilde Aberle read a letter from LAX dated September 28, 1995 which thanked her for calling the noise hotline and stated that no changes had been made to the flight patterns; that it was likely that the planes she was hearing were coming from the Orange County and/or,Long Beach airports. Council consensus was to enlist the help of Congresswoman Jane Harman and Assemblyman Kuykendall; contact the City of Hermosa Beach to determine its involvement with the lawsuit filed against the FAA by the Morongo Indians; that staff should test the LAX noise hotline; meet with members of the audience; publish the list of persons and/or agencies to direct their complaints to; encourage the mayors of the four peninsula cities to consider a joint effort addressing the noise problem; send letters to the various agencies; and, provide a report at the Council meeting on August 4, 1998. City Council Minutes July 7, 1998 Page 4 PUBLIC HEARING: Appeal of the Planning Commission's action affirming the Director's Interpretation of the Development Code (1203 X 1801) Mayor Ferraro opened the public hearing on this request to appeal the Director's interpretation of Section 17.02.030(A), Table 02-A, Note 2 of the Development Code regarding maximum structure size. City Clerk Purcell announced that notice had been duly published and no protest letters had been received by the City. Associate Planner Fox presented the staff report of July 7, 1998 and the recommendation to deny the appeal and uphold the Planning Commission's action affirming the Director's interpretation of the Development Code. He also noted that, at the City Attorney's suggestion, a minor amendment to the language of the first finding of the draft resolution to include structures which are expanded or remodeled as well as demolished, was recommended. Representing the appellant was Cordell Ross, designer of the proposed home, 22882 Ocean Breeze Way, Laguna Niguel 92677. He felt that the Code was not applicable to this project because there is an existing structure which would be demolished and this instance was not referenced in the code. He described the timing of escrow which closed on June 7, 1997 and the Code change which became effective May ,15 1997, stating that, even though due diligence was taken at the time the offer was made on the property, it was not common practice to investigate again before escrow closed. He said that there were large homes in the vicinity and that an adjacent home at 3300 Palos Verdes Drive West was 13,000 square feet, replacing a 4,100 square feet structure previously on the lot; that incorrect statements were made at the Planning Commission hearing and he was unable to correct those statements, including the fact that he and his client were looking for loopholes and that they were unwilling to file a variance. He closed by stating that the small home of 4,200 square feet allowed by the current Code in an area of much larger homes would have an adverse effect on property values. Council discussion focused on the process whereby the adjacent house was approved and the reasons a variance would be the appropriate process for this proposed project. Representing the appellant was their attorney Robert Schachter, 21515 Hawthorne Boulevard., #1070, Torrance, 90503, who explained that because a variance was a discretionary decision with an unknown outcome, the appellant did not chose to apply for one. He cited what he felt were ambiguities in the Code. Speaking in rebuttal, City Attorney Lynch stated that the Code could be interpreted to apply to an existing structure which had been demolished. There being no other speakers on the matter, Mayor Ferraro closed the public hearing. City Council Minutes July 7, 1998 Page 5 Councilman Byrd moved, seconded by Councilman McTaggart to ADOPT AS AMENDED, RESOLUTION NO. 98-661 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION AFFIRMING THE DIRECTOR'S INTERPRETATION OF SECTION 17.02.030(A), TABLE 02-A, NOTE 2 OF THE DEVELOPMENT CODE. Further Council discussion centered on the procedure whereby a new owner of the property could discover that there was a restriction on the size of a structure to be built on this lot and the subject of neighborhood compatibility. The motion carried. Recess and Reconvene: At 8:30 P.M., Mayor Ferraro declared a recess. The meeting reconvened at 8:37 P.M. REGULAR BUSINESS: Scheduling of a joint City Council and Planning Commission meeting (307 X 1203) Director Rojas presented the staff report of July 7, 1998 and the recommendation to schedule a joint City Council and Planning Commission meeting. Council scheduled the meeting for August 31, 1998. Matters of discussion would be lot coverage, the City's involvement with CC&R's, and any other topic either group would like to discuss. Request to remove sidewalk at 31034 Rue Langlois (1204) Acting Director Allison presented the staff report of July 7, 1998 and the recommendation to deny the request of John and Sandra Frantz to remove the existing sidewalk adjacent to their property at 31034 Rue Langlois. Mr. Allison added that the applicant was agreeable to an alternative which would permit removing only a portion of the sidewalk. John Frantz, 31034 Rue Langlois, described his landscaping plan. Council discussion centered on the fact that the property is on a cul de sac and the sidewalk ends at the applicant's home. Councilman McTaggart moved, seconded by Councilmember Lyon, to allow removal of the sidewalk contingent upon conformance of the plan to City code. The motion carried. City Council Minutes July 7, 1998 Page 6 Gary Amo -Agreement for Public Information Services (305 X 1101) City Manager Evans presented the staff report of July 7, 1998 and the recommendation to approve the Agreement with Gary Amo for Public Information Services and authorize the Mayor and the City Clerk to execute said agreement. Lois Larue, 3136 Barkentine, objected to the City's choice and also stated that the rate of$75 per hour was too high for a public relations representative. Council discussion centered on the fact that Mr. Amo's job would not be public relations but rather would write letters directed to RPV residents explaining difficult concepts in a clear manner. This would accomplish the Council's goal of increased communication with the community. It was the consensus that Mr. Amo was a good choice because he is known in the community, having been the editor of the Palos Verdes Peninsula News, and he is familiar with the area. Councilman Byrd moved, seconded by Mayor Pro Tem Hollingsworth, to approve the Agreement with Gary Amo for Public Information Services and to authorize the Mayor and the City Clerk to execute said agreement. The motion carried on the following roll call vote: AYES: Lyon, McTaggart, Byrd, Hollingsworth, and Mayor Ferraro NOES: None Youth-at-Risk - Adopt a Youth Employment Plan (1204 X 1201 X 1705) Acting Director Allison presented the staff report of July 7, 1998 and the recommendations to 1. Adopt a Youth Employment Plan for Point Vicente Interpretive Center Expansion, Abalone Cove Beach Improvements, and Lower Hesse Park Development, and undertermined project at Forrestal Drive as required by the County of Los Angeles for cities receiving Safe Neighborhood Parks, Proposition A funds; and, 2. Approve the definition of At-Risk Youth for the City of Rancho Palos Verdes. Council discussion focused on the criteria of the young people hired, sources for recruitment, and updating the Council as the program progresses. Councilmember Lyon moved, seconded by Councilman Byrd, to adopt staff's recommendation, encourage the contractor to contact the School District to hire Peninsula youth, revise the wording regarding the "cap" on earnings; and, provide the Council with a copy of the annual report that is prepared for submittal to the County. PUBLIC COMMENTS: Lois Larue, 3136 Barkentine, discussed rainfall measurements and asked the status of the former City Manager's home. City Council Minutes July 7, 1998 Page 7 City Attorney Lynch replied that Mr. Bussey's home was in escrow and that the City would receive at least $190,000 and that Mr. Bussey would pay all monies owed. CLOSED SESSION REPORT: City Attorney Lynch reported the following: • Echevarrieta lawsuit - No action was taken by the Council. • Other potential litigation - No action was taken by the Council. • The City Council conducted a performance evaluation on the City attorney. ADJOURNMENT: At 9:30 P.M., the meeting was adjourned on motion of Mayor Ferraro. mAyb- k ATTEST: r i CITY CLERK N:\GROUP\CITYCLRK\MINUTES\CCMINS\070798CC.MIN City Council Minutes July 7, 1998 Page 8