CC MINS 19980519MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MAY 1911998
The meeting was called to order at 7:10 PM by Mayor Ferraro at Fred Hesse
Community Park, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance, roll
call was answered as follows:
PRESENT: Hollingsworth, Lyon, McTaggart, Byrd, and Mayor Ferraro
ABSENT: None
Also present were City Manager Paul Bussey; Assistant City Manager Carolynn Petru;
City Attorney Carol Lynch; Acting Director of Planning, Building & Code Enforcement
Joel Rojas; Director of Public Works Les Evans; Director of Administrative
Services /City Clerk Jo Purcell; Senior Administrative Analyst Gina Park; Project
Coordinator Trayci Nelson; and Recording Secretary Jackie Drasco.
Mayor Ferraro stated that the Council had completed their interviews of the candidates
for city manager and had made their selection. She announced that the Council had
unanimously chosen Public Works Director Les Evans to be the next City Manager of
Rancho Palos Verdes, effective July 1, 1998.
Los Angeles County Sheriff's Department Captain Beth Dickinson invited the Council,
Staff and residents to an Open House at the Lomita Station on May 30 from 10:00 AM
to 4:00 PM.
Mayor Ferraro welcomed Councilman Byrd back from after his recent surgery.
City of Glendora Mayor pro Tem Marshall Mouw, President of the Los Angeles County
Division of the League of California Cities, thanked the City Council for their support
and participation in opposing legislation to repeal the vehicle license fees which would
eliminate funding to cities.
APPROVAL OF AGENDA
Mayor Ferraro announced that it would be necessary to hear the following items
immediately after approval of the Consent Calendar: the report from Councilman
McTaggart regarding CMANC trip to Washington, D.C.; consideration of the plans and
specifications for the development of Lower Hesse Park; and, reconsideration of AB
1776. Additionally, that the contract with L. A. County for animal control services and
adoption of the resolution establishing certain animal control fees would be considered
concurrently. Councilman Byrd moved, Councilman McTaggart seconded, to approve
the Agenda as amended. The motion carried.
APPROVAL OF CONSENT CALENDAR
Mayor Pro Tem Hollingsworth moved, Councilman Byrd seconded, 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 councilmembers after
the reading of the title.
Minutes (301)
Approved the minutes of April 16 Adjourned Regular Meeting, April 20 Budget Work
Session, April 21 View Restoration Appeal Hearing, April 21 Regular Meeting, April 25
Community Leader Breakfast Adjourned Regular Meeting, and May 8 Adjourned
Regular Meeting.
Claim against the City by Michael Baldassano for a damaged wheel rim
(301 x 303)
Rejected the claim and directed the City Clerk to notify the claimant.
Claim against the City by Gerald &Rose Anne Redman for personal injury and
auto damage (301 x 303)
Rejected the claim and directed the City Clerk to notify the claimant.
Claim against the City by Abbas Fatigh for auto damages (301 x 303)
Rejected the claim and directed the City Clerk to notify the claimant.
Claim against the City by Jerri S. Hurst for injuries resulting from a trip and fall
(301 x 303)
Rejected the claim and directed the City Clerk to notify the claimant.
FY 1997 -98 Traffic Striping and Pavement Markings Contract (1204 x 1502)
(1) Awarded a contract for traffic striping and pavement markings to Paving
Contractors, Inc., for an amount not to exceed amount of $19,041; and authorized staff
to spend up to an additional five percent ($959) for contingencies, for a total
authorization of $20,000. (2) Authorized the Mayor and City Clerk to execute said
contract.
Award of Contract for Source Reduction and Recycling Element (SRRE) and Used
CITY COUNCIL MINUTES
MAY 1911998
PAGE 2
Oil Block Grant Implementation, and Support Services for FY 1998 -99
(1204 x 1301)
(1) Awarded a contract to Charles Abbott Associates, Inc. to provide Source
Reduction and Recycling Element (SRRE) and Used Oil Block Grant Implementation,
and supported services for FY 98 -99 in an amount not to exceed $15,000. (2)
Authorized the Mayor and City Clerk to execute said contract.
Resol. Nos. 98 -33 & 34 - Claiming FY 97 -98 bicycle and pedestrian funds &
Budget Transfer (112 x 602)
(1) Adopted Resol. No. 98 -33, A Resolution of the City Council . of the City of Rancho
Palos Verdes approving the application for FY 97 -98 Bicycle and Pedestrian Funds
under SB821. (2) Adopted Resol. No. 98 -34, A resolution of the City Council of the
City of Rancho Palos Verdes amending Resol. No. 97 -55, the budget appropriation for
FY1997- 98, to transfer $29,000 from the Bikeways /Pedestrians Fund to the Capital
Improvement Projects (CIP) and Gas Tax Funds. (3) Authorized the use of $29,000
to construct wheelchair /handicap access curb ramps at various locations throughout
the City.
Resol. No. 98 -35 - Vacation of a Portion of Narbonne Avenue Right -of Way
(1204 x 1408)
Adopted Resol. No. 98 -35, a Resol. Of the City Council of the City of Rancho Palos
Verdes rescinding Resol. No. 96 -62, and vacating a portion of the Narbonne Avenue
street right -of -way between Palos Verdes Drive East and Sunnyside Ridge Road.
Signal Maintenance Services Contract with Superior Signal (1204 x 1502)
(1) Awarded a contract for FY 1998 -99 for signal maintenance to Superior Signal
Maintenance Service, Inc. in an amount not to exceed $45,000. (2) Authorized the
Mayor and City Clerk to execute said contract.
Resol. No. 98 -36 - Quitclaim of easements to the Los Angeles County Flood -
Control District and to Green Hills Memorial Park (450 x 604 x 1204)
Adopted Resol. No. 98 -36, A resolution of the City Council of the City of Rancho Palos
Verdes requesting the Board of Supervisors of L.A. County Flood Control District to
accept on behalf of said district a transfer and conveyance of storm drain improvements
known as private drain no. 969 in the City of Rancho Palos Verdes for future operation,
maintenance, repair, and improvement, and authorize the transfer and conveyance
thereof. (2) Approved Quitclaim of Easements to the Los Angeles County Flood
Control District for Private Drain No. 969 P -1 DA. (3) Approved Quitclaim of
Easements to the Green Hills Memorial Park for Private Drain No. 969 P -1 EX.
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MAY 1911998
PAGE 3
Resol. Nos. 98 -37 & 38 Application for grant funds for Urban Forestry Grant
Program (1201 x 1204)
(1) Authorized the application for the Urban Forestry Program Grant under the
California Wildlife, Coastal & Park Land Conservation Bond Act of 1988. (2) Adopted
Resol. No. 98 -37, a resolution of the City Council of the City of Rancho Palos Verdes
authorizing the City Manager to execute any agreements and requests for payment as
necessary for the program; And, (3) Adopted Resol. No. 98 -38 A resolution of the City
Council of the City of Rancho Palos Verdes declaring May 19, 1998 as Arbor day within
the City of Rancho Palos Verdes.
Update to the Pavement Management Report (1204 x 1404)
(1) Awarded a professional services contract to Berryman & Henigar, Inc., for an
update to the Pavement Management Report for an amount not to exceed $7,500 and
authorize staff to spend an additional $1,000, for a total of $8,500. (2) Authorized the
Mayor and City Clerk to execute said contract.
Resol. No. 98 -39 - C.U.P. No. 68 Revision 'D' & Grading Permit No. 1931
(1203 x 1801)
Adopted Resol. No. 98 -39, a resolution of the City Council of the City of Rancho Palos
Verdes denying the appeal, thereby upholding the Planning Commission's decision and
approving C.U.P. No. 68 Revision "D" and Grading Permit No. 1931 for a 1.1 foot
reduction in the northerly side -yard Setback requirement, an increase in the 42 inch
side -yard wall height limit, a 2 foot increase in the maximum ridgeline height and 1,535
cu. Yards of grading for a new, 7,798 sq. Ft. Two story single - family residence on a
bluff top lot in the Lunada Pointe Community located at 19 Marguerite Drive.
Resol. No. 98-40 -Fred Hesse Community Park Center Playground improvements
(1201 x 1204)
(1) Authorized staff to spend up to an additional $8,595 (10 %) for the Fred Hesse Park
Playground Improvements construction contract for a total construction contingency of
$17,200 (20 %). (2) Adopted Resol. No. 98-40, a resolution of the City Council of the
City of Rancho Palos Verdes authorizing a budget adjustment to the Quimby Fund in
the amount of $8,595 for construction of the Fred Hesse Community Park Playground
Improvement Project for a total construction budget of $103,255 ($86,055 award
amount plus $17,200 for contingencies).
Resol. No. 98-47 - Register of Demands (602)
Adopted Resol. No. 98 -41, 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.
CITY COUNCIL MINUTES
MAY 1911998
PAGE 4
The motion to approve the Consent Calendar carried on the following roll call vote:
AYES: Hollingsworth, Lyon, McTaggart, Byrd, and Mayor Ferraro
NOES: None
ABSTAIN: Councilman Byrd on the minutes only.
REGULAR BUSINESS
Oral report from Councilman McTaggart regarding the March 23 - 25, 1998 trip to
Washington, D.C.
Councilman McTaggart presented his May 19 memorandum which explained in detail
his attendance at the CMANC Conference in Washington D.C., along with Councilman
Byrd and Mayor Ferraro. During that conference they visited with Alan McReynolds, a
member of the Department of the Interior and updated him on the progress of the
City's NCCP (National Community Conservation Planning) activities. Reading from
his memorandum, Councilman McTaggart said that upon his return from that trip, he
reviewed the circumstances of the Council's visit with Mr. McReynolds with the City
Manager and the City Attorney and the conclusion was that a technical violation of the
Brown Act did occur. Continuing, he said that this was an unintentional violation of the
Brown Act and he wanted to publicly acknowledge the circumstances. The Brown Act
does allow the entire Council to attend such an event, however, the meeting with the
Department of Interior attended by three Councilmembers should have been noticed
and a agenda prepared in order to properly comply with the Act. Councilman
McTaggart said that the meeting with the Department of the Interior was arranged only
hours before their departure to Washington, D.C., and the exact time and location
were not established until about 1 '/z hours before the actual meeting took place, the
purpose of which was to provide an NCCP update. Scheduled to attend the meeting
were Acting Planning, Building and Code Enforcement Director Joel Rojas and
Councilmen McTaggart and Byrd, the City's NCCP representatives. Later, Mayor
Ferraro expressed an interest in attending also.
Continuing to read from his memorandum, Councilman McTaggart stressed that there
was no discussion of proposed development on private property and no decisions
were made. Discussion centered on the type of progress report which had been
presented in open meetings in the past. (Councilman McTaggart's memorandum is on
file with the City Clerk's Office.)
Lois Larue, 3136 Barkentine, said that she had heard from another party that these
three councilmembers were in Washington, D.C.
City Attorney Lynch confirmed that Councilman McTaggart had accurately described
CITY COUNCIL MINUTES
MAY 1911998
PAGE 5
what was restricted and allowed under the Brown Act.
Mayor Ferraro explained that she had arranged a separate meeting with Mr.
McReynolds, however, it seemed expedient to combine the two meetings.
Council discussion ensued and centered on property rights and the fact that the City is
required to accept applications from landowners, however, this does not mean the
applications will be approved.
Resol. No. 98 -42 - Development of Lower Hesse Park - & Application for Measure
"A" funds (1201 x 1204)
Director Evans presented the staff report of May 19, 1998 which described the history
of the possible development of lower Hesse Park. He then introduced landscape
architect Tom Lockettt from Land Images, who would be presenting a proposed
design for the Council's consideration.
Mr. Lockett described in detail his plan of developing lower Hesse Park in phases and
distributed an drawing depicting the project. He described the trails, picnic areas, and
the parking "meadow" for 14 cars. Other features were mounded St. Augustine grass
which would not require mowing, an American Indian water stone which collected
water and reflected the sky, and possibly a sand volleyball court.
Council discussion of the features of the park centered on the possible creation of a
mosquito problem resulting from standing water in the water stone; use of a drip
irrigation system instead of the proposed spray irrigation; the proximity of the picnic
areas to the parking lot; the height of the trees proposed for the parking area and
assurance that they would not block views; width and paving material proposed for the
trails; the adequacy of the proposed 14 parking spaces; and, whether restroom
facilities should be built.
Jim Moore, 6810 Locklenna, stated that he was happy that input had been received
from the public and he felt that the volleyball court would be a g ood feature because
there were few facilities in the City for teenagers. He also inquired about the use of
drip irrigation and the protection of views. He felt that maintenance costs should be
kept to a minimum.
Director Evans reported that the annual maintenance cost was expected to be
approximately $18,000. He also reported that the City's arborist Shirley Bennett had
agreed that spray irrigation was best.
Council resumed their discussion of the need for a restroom and the adequacy of the
parking with concern being expressed about spillover parking onto neighborhood
streets. Director Evans estimated that restroom facilities would cost approximately
$70,000 and the maintenance expenses would increase by about 50 %.
CITY COUNCIL MINUTES
MAY 1911998
PAGE 6
As to cost for adding parking spaces, Mr. Lockett said he could not provide an
estimate but he believed it would be relatively easily to provide about six more spaces
by moving the picnic area back.
After further discussion it was the consensus that the water stone be deleted and that
a comparison of drip vs. spray irrigation be provided.
Councilwoman Lyon moved, Councilman Byrd seconded, to (1) Approve the plans and
specifications for Lower Hesse Park and authorize the advertisement of bids for
construction. (2) Adopt Resol. No. 98-42, A resolution of the City Council of the City
of Rancho Palos Verdes approving the application for Grant Funds from the County of
Los Angeles Regional Park and Open Space District per parcel Discretionary Grant
Program for the development of lower Fred Hesse Community Park, (3) increase the
parking spaces to 20, delete the reflecting pool, and provide a comparison of drip vs.
spray irrigation systems. The motion carried.
Recess and Reconvene: At 8:30 P.M. Mayor Ferraro declared a recess. The
meeting reconvened at 8:50 PM.
Reconsideration of position on A61776 (McClintock) - Repeal of Vehicle License
Fees (306 x 1101)
Councilmember Lyon reported that she had spoken to Assemblyman McClintock and
had changed her mind about opposing A61776 because AB45 would guarantee funds
for Cities. She believed that if that guarantee was valid, repeal of the vehicle license
fees would be very beneficial to taxpayers.
Council discussion focused on the fact that A131 776 and AB45 were separate bills and
it was likely that the latter would not be passed because it was seen as a taxing
measure.
Councilman Byrd moved, seconded by Councilman McTaggart to receive and file the
report. The motion carried.
PUBLIC HEARING:
At 9:05 PM, Councilman Byrd left the meeting.
Appeal of View Restoration Permit No. 42 (1203 X 1806)
Mayor Ferraro reopened this public hearing and City Clerk Purcell announced that two
pieces of late correspondence had been received.
Project Coordinator Trayci Nelson presented the staff report of May 19, 1998, stating
that at the April 21 hearing, the Council had requested additional information relative
CITY COUNCIL MINUTES
MAY 1911998
PAGE 7
to three issues and that staff responses were detailed in the staff report. She also
announced that an agreement had been reached between Mr. and Mrs. Boss and the
three applicants and this agreement would be incorporated into the resolution. Staff
recommendation was to approve the Boss agreement and to uphold the appeal of
View Restoration Permit No. 42 with consideration for more tree replacement on Mr.
Yang's property.
Daniel Yang, 3511 Bendigo Drive, asked Council to consider the privacy issues as well
the restoration of the views of his neighbors. He presented a photo board and chart
describing the view plane. Mr. Yang stated that he believed there were errors in the
staff report and the resolution.
After analyzing Mr. Yang's photos and chart, Council speculated that a grouping of
replacement trees in an appropriate location might restore views and maintain Mr.
Yang's privacy.
Mr. Yang agreed that this might be a workable compromise.
Felix Krasovec, 30741 Ganado Drive, stated his support of the Boss agreement and
felt confident that replacement trees might make possible an agreement with Mr. Yang.
He did not believe there were errors in the View Restoration Commission's analysis.
(Mr. Krasovec's written statement is on file in the City Clerk's Office)
Kean Hamilton, 30747 Ganado Drive, advised the Council that he had lived in his
home since 1967 and had been deprived of his view since 1967. He believed that
both view and privacy issues could be solved by replacement trees. He favored
smaller replacements to give them time to grow before they needed trimming. He felt
that the replacement could be less than one for one and urged the Council to deny the
appeal.
Monica McFadden, 30731 Ganado Drive, stated that her view of Catalina is obstructed
by a wall of very thick foliage and believed that reasonable but not total privacy could
be expected by any homeowner. She said that the Yangs' backyard was completely
visible to neighbors at the contiguous property, and she believed that the privacy issue
for views into the Yangs' home could be solved with shutters or blinds. She asked that
the Council deny the appeal.
Lois Larue, 3136 Barkentine, reiterated her objection to the Council holding a meeting
at Marymount College, because Dr. McFadden is the president.
In rebuttal, Daniel Yang said that he wanted to make sure that the solution was fair to
everyone because they would all have to live with it for a long time. He also said that
one of the replacement trees he wanted was a ficus benjamina and this was not on the
arborist's list.
CITY COUNCIL MINUTES
MAY 1911998
PAGE 8
In response to a Council inquiry, Ms. Nelson reported that this particular tree grew to
about 25 to 30 feet, which might make it appropriate for the lower elevations but not
the higher.
Council discussion focused on maintenance costs, number, size, density and location
of replacement tress.
There being no further public testimony, Mayor Ferraro closed the public hearing.
Councilman McTaggart moved, Councilwoman Lyon seconded, to modify the decision
of the view Restoration Commission and approving View Restoration Permit No. 42,
however, incorporate the agreement reached between the parties, including the trees
necessary for privacy.
The Council agreed that a precedent could be set by providing one for one
replacement trees and felt that each case should be analyzed individually to make
sure that issues of views, privacy, and property values (for both the view property
owners and the foliage owners) were considered.
The motion carried.
Appeal of the Planning Commission's approval of Grading Permit No. 1933 -
30764 Tarapaca Road (1203 X 1801)
Mayor Ferraro reopened the this public hearing.
Lois Larue, 3136 Barkentine, reported on her research of geology reports at the Public
Works Department regarding the South Shores landslide.
Councilman McTaggart moved, Councilmember Lyon seconded, to continue this item
to June 16, 1998. The motion carried.
Resol. No. 98 -43 - Citywide Landscaping and Lighting Maintenance District
(901 X 1203)
Mayor Ferraro opened the public hearing and City Clerk Purcell announced that notice
had been duly published and no protest letters were received by the City.
Director Evans presented the staff report of May 19, 1998, and the following
recommendations: (1) Conduct a public hearing on the proposed levy and collection
of assessments within the Citywide Landscaping and Lighting Maintenance District for
FY 1998 -99 and the Engineer's Report prepared in connection therewith. (2) Adopt
the proposed resolution confirming a diagram and assessment for the 1998 -99 fiscal
year in connection with the citywide landscaping and lighting maintenance district
pursuant to the provisions of Part 2 of Division 15 of the California Streets and
CITY COUNCIL MINUTES
MAY 1911998
PAGE 9
Highways Code.
There being no response to the Mayor's call for public testimony, she declared the
public hearing closed.
Councilman McTaggart moved and Mayor Pro Tem Hollingsworth seconded, to adopt
Resol. No. 98-43, a resolution of the City Council of the City of Rancho Palos Verdes
confirming a diagram and assessment for the 1998 -99 Fiscal Year in connection with
the Citywide Landscaping and Lighting Maintenance District pursuant to the provisions
of Part 2 of Division 15 of the California Streets and Highways Code.
Resolution No. 98-44 & Ordinance No. 337 - Animal Control (104 X 1101)
Mayor Ferraro opened the public hearing and City Clerk Purcell announced that notice
had been duly published and no protest letters were received by the City.
Senior Administrative Park presented the staff report of May 19, 1998 and the
recommendation to adopt the proposed resolution repealing Resol. No. 90 -38 which
established the fee schedule and bail amounts pursuant to provisions of Title 6-
Animal Control - of the Rancho Palos Verdes Municipal Code. She noted at the April
211 1998 Council had approved contracting with Los Angeles County for animal control
and to charge current County fees for licensing. A proposed resolution was being
presented for adoption to approve those fees and an ordinance was being introduced
to establish this contract. Changes which were incorporated into the agreement
include voluntary only licensing of cats and a provision that impounded animals are
not to be used for medical research. Ms. Park introduced Mr. Frank Andrews from Los
Angeles County, who was available for questions.
Kathy Snell, Vanderlip Lane, stated her opposition to using County services because
she felt they were substandard to the SPCA's and that the animals were not held long
enough. She believed their response would be a much slower and that the service
would not be as complete. She inquired about the possibility of joining with other cities
to provide in -house service.
Lois Larue, 3136 Barkentine, stated her agreement with Ms. Snell.
City Manager Bussey clarified that the SPCA was no longer available for animal
control although they would continue to house animals. Therefore, the City had no
choice but to secure other means for animal control. Aside from the County, another
alternative discussed was to provide in -house service but the cost would be higher and
there was insufficient time, with the short notice that the SPCA provided, to establish
an in -house program. There is to be a six -month review and at that time, alternatives
may be discussed. Mr. Bussey asked Mr. Andrew to describe County services.
Frank Andrew, Los Angeles County Animal Control, reported that there were different
CITY COUNCIL MINUTES
MAY 1911998
PAGE 10
levels of service and fees and the city could select what was appropriate for its needs
and budget. He stated that Los Angeles County canvasses for fees and has a resident
veterinarian on site at their facilities, which the SPCA does not. He closed by stating
that 50 cities were now using the County services and that references could be
provided. He said that the nearest facility was in Carson and that if enough cities in
the area availed themselves of County services, the concept of a satellite location
could be explored. He also stated that a state law required all facilities to keep
animals a full seven days.
Council discussion focused on seeking the cooperation of other cities in sharing
animal control services and it was suggested that the subject might be placed on the
agenda of a South Bay Council of Governments meeting.
Mr. Andrew clarified that with regard to any dead animals that were found on the
streets, that either the City or residents could notify the County, depending on what the
City wanted. It was the consensus that it would facilitate speedier service if residents
were allowed to call and notify the County about dead animal pick -ups.
There being no response to the Mayor's call for public testimony, she declared the
hearing closed.
Councilman McTaggart moved, Councilwoman Lyon seconded, to adopt Resolution
No. 98 -44 repealing Resolution no. 90 -38, which established the fee schedule and bail
amounts pursuant to Provisions of Title 6 - Animal Control of the Rancho Palos Verdes
Municipal Code.
The motion carried on the following roll call vote:
AYES: Hollingsworth, Lyon, McTaggart, Byrd and Mayor Ferraro
NOES: -None
ABSENT: Byrd
Councilman McTaggart moved, Councilwoman Lyon seconded, to (1) Authorize the
Mayor and City Clerk to sign the agreement with the County of Los Angeles for Animal
Control Services for FY 1998 -99. (2) Introduce Ordinance No. 337 adopting the
County Code, Title 10 by reference with an amendment and thus amending the
Rancho Palos Verdes Municipal Code, Chapter 6. (3) Direct staff to advertise for a
public hearing to adopt the proposed ordinance. (4) Instruct the City Manager to
send a letter to the County requesting that no stray animals brought to the shelter from
the City of Rancho Palos Verdes be released for medical research purposes. The
motion carried on the following roll call vote:
AYES: Lyon, Hollingsworth, McTaggart, &Mayor Ferraro
NOES: None
ABSENT: Byrd
CITY COUNCIL MINUTES
MAY 1911998
PAGE 11
Ordinance No, 338U Extension of the moratorium on the antenna structures
(1203 X 1801)
Mayor Ferraro opened the public hearing and City Clerk Purcell announced that notice
had been duly published and no protest letters were received.
Acting Director Rojas presented the staff report of May 19, 1998, citing Council's
action at its April 7, 1998 meeting to adopt urgency Ordinance 336U to place a
moratorium on the processing of applications related to the construction of more than
one antenna support structure on a lot. The Council also directed the Planning
Commission to commence immediately such studies and hearings as may be required
to adopt and implement development standards, conditions of approval, and
regulations concerning the appropriate number and location of support structures for
commercial antennas and ham radio antennas. Mr. Rojas indicated that the Planning
Commission had asked for a maximum extension of the moratorium to 10 months, 15
days and that staff recommended approval of a new urgency ordinance to grant that
request.
City Manager Bussey added that the Planning Commission did not feel it necessarily
needed the full 10 months and 15 days but was asking for it to ensure adequate time.
He also stated that the Planning Commission ad hoc committee had experienced
scheduling conflicts which had prevented it from acting as rapidly as they might have.
Mr. Bussey concluded by saying that members of the Palos Verdes Amateur Radio
Club had not been involved in the ad hoc committee meetings thus far but that they
would be in the future.
Jack Carter, 28911 Golden Meadow, president of the Palos Verdes Amateur Radio
Club, stated his opposition to the extension because the Planning Commission ad hoc
committee had taken no action since it had been established. He believed that the
current regulations were strict enough and he saw no need to change the code.
John Freeman, 6850 Faircove Drive, also opposed extending the moratorium because
of lack of action on the Planning Commission's part and he assumed that there must
be no true urgency if the Commission was moving this slowly.
Herb Clarkson, 6424 Seabryn Drive, a member. of the Palos Verdes Amateur Radio
Club and a Sheriff's Department Volunteer, urged the Council not to extend the
moratorium but understood that it would take time to amend the current code and
offered the radio club's cooperation in this effort.
Dale Hanks, 5225 Middlecrest Road, agreed with the previous speakers.
Demetrius Hatzeson, 6542 Ocean Crest Drive, remarked that amateur radio was very
important because often it was the only source of communication in emergencies and
that the operators provided the service at no cost to government.
CITY COUNCIL MINUTES
MAY 191 1998
PAGE 12
Karyl Newton, 46 Oceanaire, President of del Cerro Homeowners Association, was in
favor of the extension, and said she felt that she represented many other residents
who did not want large antenna arrayd and towers. She said that she had investigated
the restrictions of other peninsula cites and requested that the Rancho Palos Verdes
code be amended because it was not strict enough to prevent the large towers near
her home.
Mark Abrams, 44 Oceanaire Drive, reported to the Council that he had attended the
Planning Commission meeting during which the Commission had voted to include in
their discussions the City Attorney, a staff member, Radio Club members, and Dr.
Bruce Franklin (if approval was received from the City Attorney) but this direction was
not followed. Mr. Abrams reiterated the comments of previous speakers and added
that the moratorium was not in conformance with Federal guidelines and that the FCC
was concerned. He indicated that the FCC had called City officials that day to discuss
the situation but was not successful in reaching them and had left messages. Mr.
Abrams warned the Council that the City could be liable if Federal regulations were not
followed. He offered to withdraw his current application for a second antenna if the
City Council would take no further action and deny the request to extend the
moratorium, indicating that the offer was for this evening only. Mr. Abrams closed by
stressing the benefits of amateur radio, commenting that the City had been lucky there
had been no emergency requiring assistance of the radio operators.
Discussion between the Council, staff and the City attorney indicated that the City
could not consider the offer since the application could be resubmitted at any time and
because the Planning Commission was currently preparing a report on an existing
antenna at Mr. Abram's home which might require further action by the City.
City Attorney Lynch opined that there could be one more extension after this one for
an additional 12 months. She explained that it takes two months for an ordinance to
become effective. The ordinance is introduced, two weeks later it is adopted, and 45
days later it goes into effect.
It was the consensus of Council to extend the moratorium for only six months and to
require a report from the Planning Commission within three months.
There being no response to the Mayor's call for more public testimony, she declared
the public hearing closed.
Councilman McTaggart moved, Mayor Pro Tem Hollingsworth seconded, to (1) adopt
Ordinance No. 338U - An ordinance of the City of Rancho Palos Verdes extending
Ordinance No. 336U, which imposed a moratorium on the acceptance or processing of
applications and the issuance of permits or other entitlements for, and the construction
of, more than one commercial antenna support structure or ham radio antenna support
structure on any lot within the City, and declaring the urgency thereof, and (2) extend
the moratorium for six months, 15 days, and require that the Planning Commission
CITY COUNCIL MINUTES
MAY 1911998
PAGE 13
provide a report to the City Council within three months.
The motion carried on the following roll call vote:
AYES:
Hollingsworth, Lyon, McTaggart, Byrd and Mayor Ferraro
NOES:
None
ABSENT:
Byrd
Recess & Reconvene: At 11:00 P.M. the Mayor declared a recess. The meeting
reconvened at 11:08 PM
Code Amendment No. 41 - Miscellaneous amendments to the City's Development
Code (1203 X 1801)
Mayor Ferraro opened the public hearing and City Clerk Purcell announced that notice
had been duly published and no protest letters were received.
Director Rojas presented the staff report of May 19, 1998 and the recommendation to
review the draft code amendment language related to neighborhood compatibility
requirements for construction of single family residences, conditional uses in
commercial zones, and City Council appeal procedures and provide staff with
direction.
Council discussion focused on the possibility that the View Restoration Commission
should be added to the Code (in addition to the Planning Commission) so that the
Council could appeal VRC decisions as well. It was determined that there are other
issues which might be included in the amendment, for example recommendations from
the Western Avenue Task Force.
There being no response to the Mayor's call for public testimony, she closed the public
hearing.
Councilman McTaggart moved, Mayor Pro Tem Hollingsworth seconded, to
conceptually approve the suggested amendments and add the View Restoration
Commission to the language in Chapter 17.80. Motion carried.
REGULAR BUSINESS:
Palos Verdes Peninsula Unified School District Liaison Subcommittee
(11101 X 1401)
Senior Administrative Analyst Park presented the staff report of May 19, 1998,
indicating that Rolling Hills Estates Mayor Barbara Rauch had asked Mayor Ferraro to
appoint two Councilmembers to serve on the recently created School District Liaison
Subcommittee. This group was developed out of concern as to how the School District
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MAY 1911998
PAGE 14
will accommodate the high student enrollment projections and specific impacts it may
have on the community.
Mayor Ferraro appointed Councilman McTaggart and Mayor Pro Tem Hollingsworth to
serve on this subcommittee.
Banner Display Program (I 101 x 1201)
Sr. Administrative Analyst Park presented the staff report of May 19, 1998, stating that
the City of Rolling Hills was implementing a banner program throughout its commercial
district and was asking for permission to use the logos of each four Peninsula cities.
She noted that there would be no cost to any city other than Rolling Hills Estates.
As designers of the logo, Mayor Pro Tem Hollingsworth cautioned staff to be sure that
the correct color numbers in the PMS color system were designated.
City Manager Bussey added that Rolling Hills Estates would pay for the banners with
the regular RPV logo but that Rancho Palos Verdes would pay for the cost of banners
with the special 25th Anniversary logo.
Councilman McTaggart moved, Mayor Pro Tem Hollingsworth seconded, to grant
permission to the City of Rolling Hills Estates to utilize the Rancho Palos Verdes' logo
in the Rolling Hills Estates' Commercial District Banner program, making sure that the
correct color numbers in the PMS color system are designated.
Citywide Traffic Calming Program (1204 x 1502)
Director Evans presented the staff report of May 19, 1998 and the recommendation to
adopt the Citywide Traffic Calming Program with the revised language regarding the
petition process.
Councilwoman Lyon moved, Mayor Pro Tem Hollingsworth seconded, to adopt the
Citywide Traffic Calming Program with revised language regarding the petition
process. The motion carried.
Approval of change orders, refund of liquidated damages and release of
retention - Clovis Paving and Sealing, Inc. - FY 1995 -96 Citywide Asphalt overlay
Project (1204 x 1404)
Director Evans presented the staff report of May 19, 1998, describing a situation which
began 1 '/Z years ago when Clovis Paving completed a project which was not to the
satisfaction of the City. He explained that Clovis is no longer in business and the City
has been negotiating with their bonding company. Staff is recommending that the
Council approve the negotiated agreement as detailed in the staff report.
CITY COUNCIL MINUTES
MAY 1911998
PAGE 15
Mayor Pro Tem Hollingsworth moved, Councilwoman Lyon seconded, to approve
change orders CO Nos. 1 through 7 in the amount of $35,900.40; approve the release
of liquidated damages withheld in the amount of $47,200.00; approve the Indemnity
agreement between the City and United Pacific Insurance Co.; and authorize the
release of any retention held to satisfy claims against the contractor, Clovis Paving
and Sealing, Inc.
The motion carried on the following roll call vote:
AYES:
Hollingsworth, Lyon, McTaggart, Byrd and Mayor Ferraro
NOES:
None
ABSENT:
Byrd
PUBLIC COMMENTS: Lois Larue, 3136 Barkentine, inquired why Dr. Bruce Franklin
had not been appointed to the antenna committee. Mr. Bussey explained that Dr.
Franklin was not appointed to the antenna committee because he had an interest in a
specific case and it was felt that this constituted a conflict of interest on his part.
City Attorney Lynch gave a report on the closed session: Melara: Council gave
direction to the City Attorney to report back at the next meeting or whenever a decision
is reached by the court. School District: Council gave direction to allow members of
the School District subcommittee, to handle broader issues and to initiate a dialogue
with the School District. Appointment of City Manager: The Council, after
interviewing five candidates on an earlier date, appointed Les Evans to be the new City
Manager, as of July 1, 1998.
ADJOURNMENT: At 11:25 PM, the meeting was adjourned on the motion on Mayor
Ferraro.
MAYOFJ/
ATTEST:
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CITY COUNCIL MINUTES
MAY 1911998
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