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CC MINS 19960604 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JUNE 411996 The meeting was called to order at 6:30 p.m. by Mayor Marilyn Lyon at the Hesse Park Community Center, 29301 Hawthorne Boulevard and was immediately recessed to a closed session. City Attorney Lynch reported that the Council was recessing to a said session per Government Code Section 54956.8 (conference with Real Property Negotiator for discussion of price and payment for the property known as Pearl Ridge). At 7:00 p.m. Mayor Lyon reconvened the meeting. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: McTaggart, Byrd, Ferraro, Hollingsworth, and Mayor Lyon ABSENT: None Also present were City Manager Paul Bussey, Assistant City Manager Brent Mattingly, Planning, Building & Code Enforcement Director Carolynn Petru, City Clerk Jo Purcell, City Attorney Carol Lynch, Public Works Senior Engineer Dean Allison, Senior Analyst Rick Otto, and Administrative Analyst Sheryl Lindsey. CEREMONIAL EVENT: (304 x 1101) Mayor Lyon presented a proclamation to Boy Scout Mike Towle in recognition of his heroic action in saving the life of a fellow boy scout. Mr. Doug Hilke, District Executive for Pacific, Boy Scouts of America, then presented Mike with a Boy Scouts Medal of Merit Award. RECYCLE DRAWING: (1204 x 1301) Two winners were selected from the recycling drum: the Nishiyama family for the month of March and the Blair family, for the month of April. APPROVAL OF AGENDA: Councilman Byrd moved, seconded by Councilman Hollingsworth to approve the agenda. Motion carried. APPROVAL OF CONSENT CALENDAR: After removal of the Landscaping and Lighting District and legislative action item, the remainder of the consent calendar was approved as follows: Minutes (301) Approved the minutes of May 20 and 21, 1996. Investment Policy - Fiscal Year 1996-97 (602) Adopted the Investment Policy for the City of Rancho Palos Verdes for the 1996-97 Fiscal Year as outlined in the June 4, 1996 staff report. Purchase of Vehicle (602 x 1203) Approved the purchase of a 1996 Ford Ranger compact pick-up truck from Don Kott Ford, 21212 South Avalon Boulevard, Carson, CA 90745, for an amount not to exceed $13,193.96. Fiscal Year 1996-97 -Agreement with Diana Cho & Associates for Community Development Block Grant (CDBG) Consultant Services (601 x 1204) Authorized the Mayor and the City Clerk to sign the proposed agreement with Diana Cho & Associates to provide Community Block Grant consultant services for Fiscal Year 1996-97. Resolution N0. 96-36 - Register of Demands (601) Adopted Resolution No. 96-36. The motion to adopt the Consent Calendar carried on the following roll call vote: Ayes: McTaggart, Hollingsworth, Ferraro, Byrd and Mayor Lyon Noes: None PUBLIC HEARING: Ordinance No, 315U Amending the Municipal Code for Coastal Permit Applications (701 x 1203) City Attorney Lynch presented the June 4 staff report and the following recommendations: 1) That the City Council move to read Ordinance No. 3150 City Council Minutes June 4, 1996 Page 2 by title only, waive further reading and adopt Ordinance No. 315U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING THE PROCESSING OF CERTAIN COASTAL PERMITS, AMENDING THE RANCHO PALOS VERDES MUNICPAL CODE, AND DECLARING THE URGENCY THEREOF; and 2) That the City Council move to read Ordinance No. 316 by title only, waive further reading, and introduce Ordinance No. 316, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING THE PROCESSING OF CERTAIN COASTAL PERMITS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. Public comments in favor of staff recommendations were as follows: Timi Hallen, attorney for the Portuguese Bend Club Homeowners Association, referenced her June 4, 1996 letter wherein she requested that the City Council take action to permit the Club to continue emergency work to prevent an imminent slope collapse of the hillside. She said that following the May 21 Council meeting, the Club commenced work to clean up debris at the foot of the slope. `Because of the instability of the hillside and the Club's limited authority to repair it, this work had gone slowly and cautiously. Despite the deliberateness of the Club's repair work, the removal of debris at the bottom of the slope had removed support for material higher up on the hillside. That material posed a very real threat of collapse. She said that the club was now seeking the City Council's permission to immediately remove this material from the hillside. Continuing, she said that the coastal sage scrub on the slope above Yacht Harbor Drive had not been lost due to the emergency repair program. The slope failure, and, thus, the destruction of the coastal sage scrub, was the result of natural forces - heavy rains saturating an unstable hillside. If the Club did nothing to remedy the slope failure, the habitat would be lost in any event. Requiring mitigation measures in this context would do little, if anything, to further the goals of the Natural Communities Conservation Program. The slope is not an area of high habitat value. The United States Fish and Wildlife Service analyst who examined the site confirmed that there are no gnatcatchers living in this very small, very unstable area, and it is unlikely that any would choose to nest there in the future. Given the low habitat value of this area and the fact that its destruction is the result of natural forces, requiring mitigation is not appropriate. She asked that the City assist them in requesting the California Department of Fish and Game and the United States Fish and Wildlife Service not to require mitigation measures in this instance. Concluding her remarks, she said that if the federal and state authorities nonetheless require mitigation, she proposd that, rather than require the Club to develop a separate City Council Minutes June 4, 1996 Page 3 mitigation plan, the city require the Club to pay a reasonable amount in support of the City's mitigation program. This would provide more integrated planning and would permit the preservation, restoration, or creation of a larger area of higher value habitat than could otherwise be accomplished with separate programs. Steve Cummins, 81 Yacht Harbor Drive, Project Engineer for the Bend Club, urged the Council's support of Ms. Hallem's request. Councilman McTaggart introduced a motion seconded by Councilman Byrd to adopt Ordinance 315U. Motion carried on a roll call vote: Ayes: McTaggart, Byrd, Ferraro, Hollingsworth and Mayor Lyon Noes: None Councilman Hollingsworth moved to introduce Ordinance 316, seconded by Councilwoman Ferraro. The motion carried on a roll call vote: Ayes: McTaggart, Byrd, Ferraro, Hollingsworth and Mayor Lyon Noes: None Resolution No. 96-39 - Coastal Permit No. 132, Portuguese Bend Club Homeowners Association (701 x 1203) Planning Director Petru presented the staff report of June 4, 1996 and gave a brief summary of the background on this matter: On May 21, 1996, the City Council directed Staff to expedite the processing of the Coastal Permit application that would be required for the repair of the landslide adjacent to Yacht Harbor Drive by bringing the application directly to the City Council for action. Accordingly, on May 23, 1996, staff prepared and mailed out a public notice of this meeting and the City Attorney prepared the foregoing urgency ordinance just adopted by the Council. After discussion of the dangerous condition of the slope and the threat this posed to the health and safety of the residents, Mayor Lyon moved, seconded by Councilman McTaggart to authorize the Portuguese Bend Club to start work on June 5 to repair the slope failure and, that staff take pictures to record the danger that exists. Motion carried. Mayor Lyon moved, seconded by Councilman Byrd, to adopt Resolution No. 96-39 approving Coastal Permit No. 132 to repair the slope failure located between Palos Verdes Drive South and Yacht Harbor Drive, east of Klondike Canyon, as amended to require that any habitat loss be mitigated only if required by the State and Federal City Council Minutes June 4, 1996 Page 4 resource agencies. Motion carried. Code Amendment No. 34 (1801 x 1204) Mayor Lyon announced that this was a continued public hearing on the amendments to the Development Code. Senior Planner Joel Rojas presented the staff report of June 4, 1996 and the following recommendations: (1) Continue with the initial review of draft Chapters 17.88, 17.90, 17.92, and 17.96 as provided in the amended review schedule; (2) Discuss the next Development Code review phase; and (3) Continue consideration of the amended Development Code to June 18, 1996. Lois Larue questioned the new definitions as outlined on Page 5 of the staff report. Council then proceeded to make amendments and recommendations as indicated to the following definitions only: add Prop "M" cross-reference to all Prop "M" definitions; regarding coastal appealable development, clarify that the development has to be within the coastal zone. Council then discussed the next Development Code review phase, and continued consideration of the amended Development Code to July 2, 1996 on motion of Councilwoman Ferraro, seconded by Councilman McTaggart and carried. Council discussion then focused on whether the C.U.P. section should be reviewed in its entirety by the Planning Commission before it returns to the Council for adoption inasmuch as there were so many changes to that section. Mayor Lyon moved to send this section back to the Planning Commission C.U.P. section. Motion seconded by McTaggart and carried on the following roll call vote: Ayes: McTaggart, Hollingsworth and Lyon Noes: Byrd, Ferraro Additional discussion ensued about this motion with concern being expressed for the length of time such a process would take. Councilman McTaggart moved to reconsider the previous motion. Motion seconded by Councilwoman Ferraro and carried on the following roll call vote. Ayes: McTaggart, Ferraro and Byrd Noes: Hollingsworth, Lyon Further motion was moved by Councilman McTaggart not to send matter of the City Council Minutes June 4, 1996 Page 5 Development Code back to the Planning Commission. Motion seconded by Councilwoman Ferraro and carried on the following roll call vote: Ayes: McTaggart, Ferraro and Byrd Noes: Hollingsworth, Lyon Resolution No. 96-37 & 38 -Annual Budget for Fiscal Year 1996-97 (602 x 1101) Mayor Lyon opened the public hearing on the Fiscal Year 1996-97 Budget and the City Clerk announced that notice of the hearing was duly published and that no written protest had been received by the City. City Manager Bussey presented the staff report of June 6, 1996 and the recommendation that following any further additions or deletions to the proposed budget document that the Council adopt the proposed resolution establishing Y the City's Appropriation Limit for Fiscal Year 1996-97; and approving a budget appropriation and adopting the operating and capital improvement budget for Fiscal Year 1996-97 which begins on July 1, 1996. There being no response to the Mayor's call for public testimony, she declared the public hearing closed. After a brief Council discussion relative to shortening the 30-day notification period to 15 days for the deflator procedure, Councilman Byrd moved, seconded by Councilwoman Ferraro to adopt Resolution No. 96-37, a resolution of the City Council of the City of Rancho Palos Verdes approving a budget appropriation and adopting Resol. No. 96-38 the operating and capital improvement budget for fiscal year 1996-97. The motion carried on the following roll call vote: Ayes: McTaggart, Hollingsworth, Ferraro, Byrd and Mayor Lyon Noes: None Resolution Nos. 96-40, 41 and 42 - Citywide Landscaping and Lighting Maintenance District (901 x 1204) Senior Engineer Allison presented the staff report of June 4, 1996 and the recommendation to adopt the proposed resolutions initiating proceedings, approving the Engineer's report, and declaring the City Council's Intention to Levy and Collect Assessments. Council inquiry clarified that this district primarily funds facilities that benefit the residents at large, such as arterial lighting and median maintenance. In those few cases where the district did fund maintenance for feeder or interior streets and roads, City Council Minutes June 4, 1996 Page 6 the benefiting property owners were assessed in accordance with benefit received. Councilman McTaggart, moved, seconded by Councilman Hollingsworth to adopt the following resolutions: (1) Resolution No. 96-40, initiating proceedings for the Levy and Collection of Assessments with Citywide Landscaping and Lighting Maintenance District for Fiscal Year 1996-97 and ordering the Engineer to prepare a report in connection therewith; (2) Resolution No. 96-41, approving the Engineer's report, in connection with the Levy and Collection of Assessments within the Citywide Landscaping and Lighting Maintenance District for Fiscal Year 1996-97, and; (3) Resolution No. 96-42, declaring the City Council's Intention to Levy and Collect Assessments, within Citywide Landscaping and Lighting Maintenance District for Fiscal Year 1996-97 and adopting a time and place for hearing objections thereto. Motion carried on the following roll call vote: Ayes: McTaggart, Hollingsworth, Ferraro, Byrd and Mayor Lyon Noes: None Legislative Activities - SB 1590 (306 x 1101) Senior Analyst Otto presented the staff report of June 4, 1996 and the recommendation to join the League of California Cities in supporting SB 1590 (O'Connell) which proposed to make the "Santa Clara County Transportation Authority v. Guardino" California Supreme Court decision inapplicable to any tax imposed or increased prior to December 14, 1995. Discussion clarified that this was confirmation of action already taken; however, it was argued that this could be viewed as being contradictory to the Council's decision to place the City's own utility tax on the ballot for affirmation by the City's voters even though this legislation would obviate that action. Councilman McTaggart moved, seconded by Councilman Byrd to adopt the staff recommendation. The motion carried on the following roll call vote: Ayes: McTaggart, Hollingsworth, Ferraro and Byrd Noes: Mayor Lyon After discussion of who would sign this letter of support, it was agreed that the Mayor Pro-Tem and the other three members of Council would jointly sign the letter; the Mayor would not. View Restoration Services Consultant(1203 x 1806) Director Petru presented the staff report of June 4, 1996 and the recommendations to City Council Minutes June 4, 1996 Page 7 award the contract to the consulting firm of Willdan Associates and authorize the Mayor to execute a professional services agreement with Willdan Associates to provide View Restoration services to the City. After Council discussion of the backlog of cases and if the guidelines for the Commission were complete at this time, Councilman McTaggart moved, seconded by Councilwoman Ferraro, to enter into a contract with Willdan Associates but delay implementation until August 1, 1996; additionally, that the contract allow the department director the ability to change the personnel assigned to the project. Motion carried. Waiver of Application and Penalty Fees for Variance No. 410 (1203 x 1804) Director Petru presented the staff report of June 4, 1996 and the recommendation to deny the request to waive fees associated with the application and penalty fees for Variance No. 410 for after-the-fact construction of an addition which encroached a maximum of 9'-2" into the minimum required 20'-0" front yard setback area. The applicants in this matter, Mr. and Mrs. Chafi Khadjenouri, 2042 Jaybrook Drive, summarized their work on their home and the confusion they experienced in making application for the necessary permits. After Council clarification that there were administrative errors made in the processing of the applicants' permits, Councilman McTaggart moved, seconded by Councilman Byrd to waive the penalty fee but that the applicants pay the variance fee of$1,140. The motion carried on the following roll call vote: Ayes: McTaggart, Hollingsworth, Ferraro, Byrd and Mayor Lyon Noes: None Public comments: Responding to the Mayor's call for audience comments for items not on the agenda were the following residents: Elton Robbins, 29113 Doverridge, inquired about completion of slurry seal on Doverridge and about vegetation growing between his property and that of his neighbor. Mr. Robbins was asked to contact the Public Works staff about these matters. Don Greenshields, 29104 Doverridge, inquired about the clean-up of properties along Hawthorne Boulevard at Doverridge north and south. Stella Jou, 29538 Oceanport Rd., requested that the Council consider reducing burglar City Council Minutes June 4, 1996 Page 8 alarm fees. It was the consensus that staff should prepare bring revisions for Council's review. Mrs. Lee, 55 Oceanaire Drive, spoke about her neighbor's driveway. REPORT ON CLOSED SESSION AGENDA - City Attorney Lynch reported that no action was taken during the Closed Session. Adjournment: Meeting adjourned at 10:45 p.m., on motion of Councilwoman Ferraro. M OR ATTEST: CITY CLERK n:cityclerk\minutes\6496ccm City Council Minutes June 4, 1996 Page 9