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CC MINS 19980603MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JUNE 311998 The meeting was called to order at 7:05 P.M. by Mayor Ferraro at Fred Hesse Community Park, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance, roll call was answered as follows: PRESENT: Lyon, McTaggart, Byrd, Mayor Ferraro ABSENT: Hollingsworth 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 Finance Dennis McLean; Director of Administrative Services /City Clerk Jo Purcell; Assistant Planner Kit Fox; Project Coordinator Emmanuel Ursu; and, Recording Secretary Jackie Drasco. CEREMONIAL EVENT (304 x 1101) High school students Scott Davis and Barry Nelson were honored by Mayor Ferraro in recognition of their volunteering to paint the stencil "Do Not Pollute" on catch basins throughout the City. APPROVAL OF AGENDA Councilman McTaggart moved, seconded by Councilwoman Lyon, to approve the agenda as presented. The motion carried. APPROVAL OF CONSENT CALENDAR Lois Larue, 3136 Barkentine, spoke to the disposition of claims filed against the City and the use of CDBG funds. Councilwoman Lyon moved, seconded by Councilman Byrd, 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 19, 1998. Traffic Engineering Services for FY 1998 -99 (1204 x 1502) Awarded a professional services contract to Willdan Associates, Inc., for a not to exceed amount of $43,000 for Traffic Engineering Services for FY 1998 -99. 2. Authorized the Mayor and the City Clerk to execute a professional services contract for same. Professional Services Agreement - Community Development Block Grant Administration (601 x 1204) Approved a professional services agreement with Diana Cho and Associates to administer the Community Development Block Grant program for a not -to- exceed amount of $20,000 for FY 1998 -99 and for a not -to- exceed amount of $20,000 for FY 1999 -200, and authorized the Mayor and the City Clerk to execute an agreement for same. Renewal of Professional Services for Engineering, Contract Administration and Survey (1204) Authorized the continued utilization of existing Professional Services Agreements as follows: a. Charles Abbott Associates in the amount of $15,000 for plan checking services. b. Merit Civil Engineering, Inc. in the amount of $15,000 for drafting services. c. Willdan Associates in the amount of $15,000 for inspection services and in the amount of $15,000 for street design services. d. Kelsoe & Associates, Inc. in the amount of $15,000 for surveying services. e. SA Associates in the amount of $15,000 for drafting and inspection services. f. John M. Cruickshank in the amount of $5000 for drafting services. g. Robert Bein, William Frost & Associates in the amount of $20,000 for street design services and in the amount of $15,000 for drainage design g services 2. Continued the existing Professional Service Agreements in Fiscal Year 1998 -99 with increases /decreases in the contract amounts as follows: a. Merit Civil Engineering in the amount of $20,000 rather than $30,000 for contract administration services. b. Shirley Bennett in the amount of $20,000 rather than $15,000 for landscape /arborist inspections. c. Jon David Cicchetti in the amount of $20,000 rather than $15,000 for landscape /park design services. d. CBM Consulting in the amount of $20,000 rather than $15,000 for contract administration services. e. AKM in the amount of $0 rather than $20,000 for drainage design. 3. Authorized an increase in contract amounts for Fiscal Year 1997 -98 for Professional Services CITY COUNCIL MINUTES JUNE 311998 PAGE 2 Agreements as follows: a. Shirley Bennett from $15,000 to $20,000 for landscape /arborist inspections. b. Jon David Cicchetti from $15,000 to $28,500 for landscape and park design. Household Hazardous Waste (HHW) Collection Program -Cycle Six Grant Liability Agreement with the City of Redondo Beach - (1204 x 1402) Authorized the Mayor and the City Clerk to sign the proposed Household Hazardous Waste (HHW) Collection Program Liability Agreement with the City of Redondo Beach. Resol. No. 98 -45 - Annual Appropriation Limit for Fiscal Year 1998 -99 (602) ADOPTED RESOL. NO. 98-451 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING THE 1998 -99 FISCAL YEAR APPROPRIATION LIMIT FOR THE CITY OF RANCHO PALOS VERDES. City Investment Policy - FY 1998 -99 (602) Adopted the FY 1998 -99 investment policy for the City of Rancho Palos Verdes. Resol. No. 98-46 - Register of Demands (602) ADOPTED RESOL. NO. 98-461 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: ABSTAIN: ABSENT: PUBLIC HEARING: Lyon, McTaggart, Byrd, Mayor Ferraro Councilman Byrd on the Minutes of May 19, 1998 Hollingsworth Appeal of the Planning Commission's Approval of Conditional Use Permit No. 158 - Revision 'B' for Miscellaneous Architectural and Site Development Standards for Vesting Tentative Tract Map No. 46628 (Subregion 1) (11203 x 1411) CITY COUNCIL MINUTES JUNE 311998 PAGE 3 Mayor Ferraro opened the public hearing on the appeal of the Planning Commission's approval of CUP 158- Revision 'B'. City Clerk Purcell announced that notice had been duly published and that all protest letters were included in the agenda packet. Assistant Planner Fox presented the staff report of June 3, 1998, and the recommendation to deny the appeal and uphold the Planning Commission's action. The following residents spoke in opposition to the proposed changes requested by the property owner. Judy Blackwelder, 30531 Rue Langlois; Ron Blackwelder, 30531 Rue Langlois; Harold Vatcher, 30917 Rue Langlois; John L. Weiker, 31035 Rue Langlois; Jerry Flynn, 30573 Rue Langlois; J. R. Scarborough, 30717 Rue Langlois; Richard Gruetter, 30915 Via Rivera; and, Don Crane, 30653 Rue Valois. These residents objected to the proposed flat roofs, sun decks, large garages, and motor courts. They felt that the proposed 40% lot coverage was too high and that lot coverage should include hardscape, swimming pools, and tennis courts. They suggested that flat roofs should be painted a different color, not pink; and, they expressed concern that these proposed changes would lower the value of their homes, which looked down onto this development. They were fearful that these proposed flat roof /decks would become unsightly storage areas and that restrictions would be impossible to enforce. They questioned why the restriction on flat roofs was being lifted the adopted EIR for Subregion 1 expressly prohibited them. Tim Hamilton, 30796 La Mer, Laguna Niguel, CA 92677, Vice President for Design & Acquisition for Capitol Pacific Holdings, supported staff s recommendation. He acknowledged that lot coverage was an important issue but one of their goals was to hide garage doors with a courtyard effect and to provide large garages to keep cars off the street. He emphasized that their design had provided for public open space. Regarding the roof decks, he reported that not all homes would have them and he believed that enforcement of restrictions on storage would come from other homeowners in the project. He added that for the sake of camouflage, the decks would be of the same color as the roofs. Drawings of five models were mounted for audience viewing. These drawings illustrated the courtyards and articulation, instead of visible garage doors. Continuing with his presentation, Mr. Hamilton said that the project included 10% landscape within the hardscape areas to make these areas attractive to the homes above. He believed that very few lots would be large enough for a tennis court. Robert Coyle, 29 Sweet Rain, Irvine, CA 92614, Iverson Associates Architects, stated that the sun decks would have no railings; would be sunk into the roof, were on the ocean side of the homes, and would be surfaced with ground -up red tile to match the CITY COUNCIL MINUTES JUNE 31 1998 PAGE 4 roofs. He said that these were large lots, most about an acre, with a setback of 35 feet between homes. In response to Council inquiry, Mr. Coyle replied that roof decks were anticipated on about 5% of the homes and that drawings of the roof decks were in the books furnished to the Council. Michael Gagnet, 2 North Stonington, South Laguna Beach, 92677, Capitol Pacific Holdings, displayed an exhibit showing a typical roof deck. A discussion between the Council and Mr. Gagnet revealed that the decks were not yet designed and that they would be included on only some of the lots (a maximum of 36), which had not yet been assigned a model number on the maps provided to the Council. Council's concerns centered on approving a deck which had not yet been designed and the location of which had not yet been determined; the need for six -car garages; the fact that the original EIR for the project had prohibited flat roofs; that the homes should conform to the General Plan, the Coastal Specific Plan, and the CUP which had been approved in 1992. The consensus was. that variances on individual lots with problems might be granted later, but there was great reluctance to grant carte blanche approval for roof decks and increased lot coverage, especially since the developer had not yet determined what lots would have such features. Even greater reluctance was expressed about changing the 1992 approval of the CUP and EIR. There being no more public testimony, Mayor Ferraro closed the public hearing. Councilman Byrd moved, seconded by Councilwoman Lyon, to uphold the appeal. The motion carried. City Attorney Lynch stated that the resolution would be brought back to the next meeting. Councilman McTaggart moved, seconded by Councilman Byrd, to deny the proposed design of the project without prejudice. The motion carried. Recess and Reconvene: At 8:37 P.M., Mayor Ferraro declared a recess. The meeting reconvened at 8:52 P.M. Modification to Height Variation No. 750 - Revision "C" (1203 x 1804) CITY COUNCIL MINUTES JUNE 311998 PAGE 5 Mayor Ferraro opened the public hearing on the request to allow five existing skylights to be part of the approved second story addition at 3558 Bendigo Drive. City Clerk Purcell announced that notice had been duly published and one protest letter had been received and distributed to the Council. Assistant City Manager Petru presented the staff report of June 3, 1998, and the recommendation to approve five existing skylights which were not depicted on the set of plans for the second story addition approved by the City Council in December 1997. Ms. Petru then described the locations and materials of the skylights, stating that they had been on the house since 1995 but that five of the them had not been included in the plans. Earl Gantz, 3558 Bendigo, agreed with staffs recommendation except to say that the skylights had been in place since 1993. There being no further public testimony, Mayor Ferraro closed the public hearing. Councilwoman Lyon moved, seconded by Councilman Byrd, to approve five existing skylights which were not depicted on the set of plans for the second story addition approved by the City Council in December 1997. The motion carried. Appeal to View Restoration Permit No. 50 (1203 x 1806) Mayor Ferraro opened the public hearing to appeal View Restoration Permit No. 50. City Clerk Purcell announced that notice had been duly published and protest letters received had been included in the Council's agenda packet. Project Coordinator Ursu presented the staff report of June 3, 1998, and the recommendation to affirm the decision of the View Restoration Commission and approve View Restoration Permit No. 50 to trim or remove foliage at 30127 and 30137 Avenida Tranquila. Margaret Walker, 30137 Avenida Tranquila, advised that she had prepared seven information packets for the Council and staff. She stated that the applicant had not followed the neighborhood consultation process. She inquired why the City's street tree, an Italian stone pine, had not yet been removed, adding that she had been trimming it for 27 years. She believed that the value of replacement trees was not equal to her present trees. She acknowledged that her ash trees needed trimming. She questioned why the City's arborist had visited Mr. Cangemi's property but not hers, nor that of the other foliage owner. Mrs. Walker remarked that the trees near her gate CITY COUNCIL MINUTES JUNE 311998 PAGE 6 provided privacy from the house across the street and that the arborist said trimming the ash trees in the recommended fashion would probably kill it. She closed her remarks by pointing out the problems with view restoration when someone's property borders on another city or, in her case, Los Verdes Golf Course, where trees blocked her view. Mr. Ursu reported that the foliage was visible to the arborist from the street so access to the properties was unnecessary. Steve Cangemi, 30130 Avenida Tranquila, supported the View Restoration Commission's decision even though he had not received exactly what he wanted. He added that Mrs. Walker had a lot of trees and that she would have to maintain the ones which would remain, although she had not voluntarily done so in the past. Mayor Ferraro closed the public hearing. Council discussion centered on the requirements for removing the City street tree and the options of trimming versus replacement. Mayor Ferraro re- opened the public hearing. Speaking in rebuttal, Mrs. Walker said that she would like the City street tree removed and that she would be willing to trim her ash trees, but not to the degree that the Commission had recommended. She also disagreed with the arborist's opinion that the eucalyptus trees would die if they were trimmed. She commented that members of the View Restoration Commission had pointed out that unless the trees on the golf course were trimmed, the trimming of her eucalyptus trees would not improve her neighbor's view. She believed that removal of the street tree would improve her neighbor's view. City Manager Bussey stressed that if a homeowner decided to trim trees instead of replacing them and the trees die, the homeowner would have to pay for their replacement. Additionally, removal of the street tree would have to be noticed to the neighborhood but if no one objected, it could be removed. Councilman McTaggart moved, seconded by Councilwoman Lyon, to continue the public hearing to August 18, 1998, and to remove the street tree if none of the noticed neighbors object. The motion carried. Recess and Reconvene: At 9:40 P.M., Mayor Ferraro declared a recess. The meeting reconvened at 10:10 P. M.. CITY COUNCIL MINUTES JUNE 311998 PAGE 7 Code Amendment No. 41 - Miscellaneous Amendments to Title 17 of the City's Municipal Code (1103 x 1203 x 1801) Mayor Ferraro opened the public hearing on this request to introduce an ordinance to approve Development Code amendments. City Clerk Purcell announced that notice had been duly published and no protest letters were received. Director Rojas presented the staff report of June 3, 1998, and the recommendation to Introduce the proposed ordinance approving amendments to Chapter 17.02 (Single- family Residential Districts), Chapter 17.16 (Commercial Neighborhood District), Chapter 17.20 (Commercial General), Section 17.76.040 (Grading Permits), Chapter 17.80 (Hearing Notice and Appeal Procedures) and Chapter 17.96 (Definitions) of the City's development code. There being no response to the Mayor's call for public testimony, she closed the public hearing. Council discussion focused on neighborhood compatibility and prohibition of roof decks, and a change which required that each new single family residence and remodels over 50% would be subject to neighborhood compatibility analysis and approval. Councilman McTaggart moved, seconded by Councilwoman Lyon, to remand this item to the Planning Commission for them to consider neighborhood compatibility and include a prohibition of roof decks. The motion carried. Resol. 98 -47, 98 -48 - Annual Budget for Fiscal Year 1998 -99 and Recommended Salary Range Adjustments (1101 x 1202) Mayor Ferraro opened the public hearing on this request to consider a request for a Planning Commission stipend and to approve the 1998 -99 budget and salary range adjustments and City Clerk Purcell announced that notice had been duly published and no protest letters were received. The staff report of June 3, 1998, recommended that the Council: 1. Determine if the requested Planning Commission stipend shall be included in the FY 98 -99 budget; 2. Adopt a resolution approving a budget appropriation and adopting the operating and capital improvement budget for fiscal year 1998 -99 which begins on July 1, 1998; and, 3. Adopt a resolution establishing salary and hourly ranges for competitive and management employee job classifications. CITY COUNCIL MINUTES JUNE 311998 PAGE 8 There being no response to the Mayor's call for public testimony, she declared the hearing closed. Council discussed the request from the Planning Commission fora $75 per month stipend for each commissioner to cover the cost of their traveling to the various project sites. Councilman McTaggart moved, seconded by Mayor Ferraro, to provide a $50 per month stipend for the members of the Planning Commission and the View Restoration Commission. The motion failed on the following roll call: AYES: McTaggart and Mayor Ferraro NOES: Byrd, Lyon ABSENT: Hollingsworth Councilman Byrd moved, seconded by Councilwoman Lyon, to continue discussion of this matter to the June 16 meeting. The motion carried. Councilman Byrd moved, seconded by Councilwoman Lyon, to ADOPT RESOLUTION NO. 98 -47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A BUDGET APPROPRIATION AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 1998 -99 WHICH BEGINS ON JULY 11 1998. The motion carried on the following roll call: AYES: Byrd, Lyon, McTaggart and Mayor Ferraro NOES: None ABSENT: Hollingsworth Councilman McTaggart moved, seconded by Councilman Byrd, to ADOPT RESOLUTION NO. 98-481 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING SALARY AND HOURLY RANGES FOR COMPETITIVE AND MANAGEMENT EMPLOYEE JOB CLASSIFICATIONS. The motion carried on the following roll call: AYES: Byrd, Lyon, McTaggart and Mayor Ferraro NOES: None CITY COUNCIL MINUTES JUNE 311998 PAGE 9 ABSENT: Hollingsworth REGULAR BUSINESS: The Abalone Cove Beach Improvement Project (1201 x 1204) Director Evans presented the staff report of June 3, 1998, and the recommendation to authorize the application for $40,000 in grant funds from the County of Los Angeles Regional Park and Open Space District specified project grant program for the Abalone Cove Beach Improvement Project. Lois Larue, 3136 Barkentine, said that many residents in the Abalone Cove area were opposed to the improvements and suggested that the funds be used for the Forrestal area: Brian Conroy, 24 Seacove Drive, representing West Portuguese Bend Homeowners Association, said that the association members who live adjacent to Abalone Cove are opposed to the improvements. They objected to the 45 -car parking lot and making easier access to the. beach, both of which they felt would encourage more traffic. He offered his support to work with the City, the community and the Palos Verdes Land Conservancy and suggested that the funds be spent to obtain more open space. Councilman McTaggart moved, seconded by Councilman Byrd, to ADOPT RESOLUTION No. 98-49, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE APPLICATION FOR $40,000 IN GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT SPECIFIED PROJECT GRANT PROGRAM FOR THE ABALONE COVE BEACH IMPROVEMENT PROJECT. The motion carried on the following roll call vote: AYES: Lyon, McTaggart, Byrd, and Mayor Ferraro NOES: None ABSENT: Hollingsworth Appeal to View Restoration Permit No. 42 `1203 x 1806) Councilman Byrd recused himself from participating in discussion of this item because he was not present for the April 21, 1998, discussion of the matter. Director Rojas presented the staff report of June 3, 1998, and the recommendation to CITY COUNCIL MINUTES JUNE 311998 PAGE 10 affirm the View Restoration Commission's Approval of View Restoration Permit No. 42 to trim, lace, reduce the crown and /or remove foliage at 3503, 3511, and 3519 Bendigo Drive. Kean Hamilton, 30747 Ganado, stated that the one -to -one tree replacement ratio was not what the Council had intended. Felix Krosevec, 30741 Ganado, agreed with Mr. Hamilton and submitted quotes from the Council at the May 19 meeting to substantiate his argument. (A copy of Mr. Krosevec's written statement is on file in the City Clerk's Office.) Daniel Yang, 3511 Bendigo Drive, felt that references to unreasonable infringement of privacy should be omitted in Section 10 of the proposed resolution. He said that the view plane was described inaccurately in Condition No. 1; and, that he did not agree that the maintenance responsibility should be placed solely on him as the foliage owner. He asked that the trees for replacement be designated as "suggested "instead of "approved" because he wanted a type of tree not on the list. He was unsure if 90 days would be enough time to remove 22 trees. City Attorney Lynch then proceeded to add to the proposed resolution: 1. Removal, lacing, and trimming of the foliage "as conditioned by the City Council to require replacement foliage" and 2. "....the removal or trimming, "along with the requirement for replacement foliage ", will not cause an unreasonable infringement..." Councilman McTaggart moved, seconded by Councilwoman Lyon, to ADOPT RESOL. NO. 98 -501 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AFFIRMING THE VIEW RESTORATION COMMISSION'S APPROVAL OF VIEW RESTORATION PERMIT N0. 42 TO TRIM, LACE, REDUCE THE CROWN AND /OR REMOVE FOLIAGE AT 3503, 3511, AND 3519 BENDIGO DRIVE. Employment Agreement with new City Manager (I 101 x 1202) Lois Larue, 3136 Barkentine, asked about the City's interest in the current City Manager's home and expressed her approval of the choice of the new City Manager. Councilman. McTaggart moved, seconded by Councilman Byrd, to approve the proposed agreement appointing Lester G. Evans as City Manager, effective July 1, 1998, and setting forth the conditions of employment. CLOSED SESSION REPORT: City Attorney Lynch reported that no closed session was CITY COUNCIL MINUTES JUNE 311998 PAGE 11 held. PUBLIC COMMENTS: Lois Larue, 3136 Barkentine, expressed concern about the fact that the same firm who approved the geology in the Laguna Beach project which failed had been involved with projects in Rancho Palos Verdes. ADJOURNMENT: At 11:00 P.M., the meeting was adjourned on the motion on Mayor Ferraro. ATTEST: CIVY CLERK N\ CLERKWINUTES \060398CC.MIN MOOR CITY COUNCIL MINUTES JUNE 311998 PAGE 12