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CC MINS 19960820MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 20, 1996 The meeting was called to order at 7:00 p.m. by Mayor Lyon at the Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance which was led by Scout Troop No. 854 roll call was answered as follows: PRESENT: McTaggart, Byrd, Hollingsworth, Mayor Lyon ABSENT: Ferraro Also present were City Manager Paul Bussey, Assistant City Manager Brent Mattingly, Planning, Building & Code Enforcement Director Carolynn Petru, Public Works Director Les Evans, Senior Planner Joel Rojas, Recreation and Parks Director Ron Rosenfeld, City Attorney Carol Lynch, City Clerk Jo Purcell, and Recording Secretary Shirley Tanaka. APPROVAL OF AGENDA Because these items had been continued from the previous meeting, it was the consensus to move forward the following items: Klondike Canyon Drainage Vandalism and Request for Policy Direction for the moratorium area. Councilman McTaggart moved, seconded by Councilman Hollingsworth, to approve the Agenda as amended. Motion carried. APPROVAL OF CONSENT CALENDAR Item No. 8 (Congressional Leadership Summit) was removed from the Consent Calendar; Windport Canyon Nuisance Abatement was continued to September 17. The Consent Calendar was approved as follows on motion of Councilman McTaggart, seconded by Councilman Hollingsworth. Lois Larue, 3136 Barkentine, spoke to several items: Minutes of August 6, the contract with Impact Sciences, and the Lee appeal. It was the consensus that the minutes should be corrected to indicate that Mrs. Larue's exhibit of a piece of the Klondike Canyon drainage pipe at the August 6 meeting was to support her contention that the pipe was not vandalized but rather was poorly constructed. Relative to the contract with Impact Sciences for the reconstruction of Palos Verdes Drive South, Councilman Hollingsworth reiterated his request that this roadwork be done in the least disruptive manner as possible. Minutes (301) Approved the minutes of August 6, 1996. Gifts to Parks (1201) Accepted the Gifts for Parks donations from the 4th of July Country Fair, Ladera Linda's Discover Room, Point Vicente Interpretive Center, and REACH; and, directed staff to prepare letters for the Mayor's signature, expressing Council's thanks and appreciation. Ryan Park - Repair of Slope (1201 x 1204)) 1) Awarded a contract in the amount of $41,639.00 to M.W. Loyd, Inc. for the repair of a slope and parking area at Ryan Park; 2) Authorized staff to spend up to an additional $2,861.00 for contingencies for a total authorization of $44,500.00; and, 3) Authorized the Mayor and City Clerk to executive a contract with M.W. Loyd, Inc. La Vista Verde Sewer Project (450 x 1204) Accepted ten easements from the residents along La Vista Verde Drive for sanitary sewer purposes. Budget Adjustment for Tarapaca Sewer Project (1204 x 1402 x 602) Adopted Resolution 96 -67 - A Resolution of the City Council of the City of Rancho Palos Verdes Amending Resolution 96 -50, the budget appropriation for Fiscal Year 1996 -97, for a budget adjustment from the General Fund Unreserved Balance to Public Works Capital Improvement for costs related to the reconstruction of the Tarapaca sewer. July 4th Independence Day Celebration (1201) Authorized payment to Conte Productions for the production of the 1996 July 4th Independence Day Celebration. Salary Resolution - Position in Planning, Building .and Code Enforcement Department (1203 x 1202) Adopted Resolution No. 96-68, amending Resolution No. 96 -21 creating a certain salary range for the position of Principal Planner. Professional Services Agreement for the Preparation of Plans, Specifications and Engineer's Estimate and Construction and Administration Services for the 1996- City Council Minutes August 20, 1996 Page 2 97 Slurry Seal Project (1404 x 1204) Awarded a professional service contract to and authorized the Mayor and City Clerk to execute the agreement with Charles Abbott &Associates for professional services related to design, contract administration, and construction inspection of the FY 96 -97 Slurry Seal Program for anot -to- exceed fee of $8,326 for preparation of plans, specifications and estimates plus an additional $34,030 (based on 572 hours) for the cost of construction administration and inspection. Agreement with Impact Sciences, Inc. for Biological Survey Services (601 x 1204) Authorized the Mayor and City Clerk to sign the proposed agreement with Impact Sciences, Inc. to provide biological survey services in relation to the Community Development Block Grant (CDBG) funded Palos Verdes Drive South, Narcissa to Peppertree reconstruction project, for an amount not -to- exceed $16,600. Register of Demands (602) Adopted Resolution No. 96-69 - 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: McTaggart, Byrd, Hollingsworth, and Mayor Lyon NOES: None ABSENT: Ferraro Policy Director Regarding: 1) Placement of Residential Structures on Storage Container Foundations; and; 2) Relocation of residential structures on the Same Lot, or to Different Lots, Within the Landslide Moratorium (1801) Director Petru presented the staff report of August 20, 1996 and the recommendation to provide staff with direction regarding: 1) Whether or not to amend the Landslide Moratorium Ordinance to allow the Director to grant a Moratorium Exception for the re- location of a residential structure (due to geologic hazard) on the same lot, or to a different lot; 2) Whether or not to amend the Development Code to allow the re- location of a residential structure (due to geologic hazard) in an Open Space Hazard zone on the same lot, or to a different lot; 3) Whether or not to amend the adopted Building code, as provided by State law, due to the unique geologic conditions in the Landslide moratorium Area to create specific standards to allow residential structures to be placed on foundations which are not attached to the ground; 4) Whether or not to City Council Minutes August 20, 1996 Page 3 amend the Development Code to waive any other required Planning Permits associated with the re- location of a residence due to geologic hazard. Justin McJones, 3 Tangerine Road, stated that he felt residential structures in the Portuguese Bend area were stronger because the foundations are self - supporting. He said that moving the house did not affect its structure, and he questioned the proposal to put in a new septic tank since he felt the existing one was adequate. Madeline McJones, 3 Tangerine Road, said their house has been moving for years and urged permission to merge the lots. Council discussion included the necessity in requiring a building permit when a residential structure was relocated, whether the building code could be amended by the City on a case by case basis; how the City could be protected from setting precedent in allowing this house to be moved without a permit; and, how it could be ascertained that the house did not suffer structural damage during the move. It was the consensus of Council that the property owners be allowed to perform interior work that did not require a building permit; that staff should prepare the pros and cons of requiring a holding tank; that the City geologist should determine if there were any depressions on the property that should be graded to correct drainage deficiencies; that the City Attorney should determine if the code could be amended for this type of situation; that the house be inspected by a certified structural engineer to insure that no structural damage had occurred; and, to inspect the existing septic tank system to ensure that it is working properly. Recess & Reconvene: At 7:50 P.M. Mayor Lyon declared a recess to allow Council time to read the supplemental staff report pertaining to the view ordinance. The meeting reconvened at 8:00 P.M. Ordinance No. 317 -Code Amendment No. 34 - Amendments to Section 17.02.040 of the City's Municipal Code (Proposition M) (1801 x 1203) Senior Planner Rojas presented the staff report of August 20, 1996 with the recommendation to: 1) Waive further reading and introduce the proposed Ordinance adopting amendments to Section 17.02.040 of the City of Rancho Palos Verdes Municipal Code; and, 2) Discuss the procedure for proceeding with the preparation of revised guidelines to implement this ordinance. After Council discussion of the View Restoration Commission's recommendation that the preamble language of the original Prop. M be codified, it was the consensus of Council that instead this language be inserted in the Commission's Guidelines that would appear on the front page of their agenda. Additionally, it was agreed that the view restoration permit appeal process be modified to match the language of the City Council Minutes August 20, 1996 Page 4 current code more closely with clarification of the de novo hearing issue; that the proposed language for the definition of "view" not be deleted; that the proposed tanning commission review procedure for Height Modification Permits be maintained; p and, that other recommended changes to Section 17.02.040 be incorporated into the text. Councilman McTaggart moved, seconded by Councilman Byrd to introduce Ordinance No. 317 of the City of Rancho Palos Verdes adopting Amendments to Section 17.02.040 of the City of Rancho Palos Verdes Municipal Code, as amended. The motion carried on the following roll call vote: AYES: McTaggart, Byrd, Hollingsworth & Mayor Lyon NOES: None ABSENT: Ferraro Councilman Byrd moved, seconded by Councilman McTaggart that staff prepare guidelines and submit them to the Planning Commission and the View Restoration Commission for comments. Motion carried. Klondike Canyon drainage Vandalism (2100 x 1101) John McCarthy, 105 Spindrift Drive, President of the Portuguese Bend Drive, agreed with allegations that vandalism exists and described the destruction of equipment that he has observed. Lois Larue, said that she personally observed water flowing in the canyon and felt the problem was due to poor maintenance of the pipes. Kathy Snell, 8 Vanderlip, said she felt vandalism was unlikely and that the pipes were being destroyed because water was being denied to the animals in the area. Councilman McTaggart moved, seconded by Councilman Byrd, to authorize $5,000 towards information leading to the arrest of vandalism. Motion carried on the following roll call vote: AYES: McTaggart, Byrd, Hollingsworth, and Mayor Lyon NOES: None ABSENT: Ferraro REGULAR BUSINESS: RESOL. NO. 96 -70 Expansion of Pt. Vicente Interpretive Center (1201) Director of Recreation and Parks Rosenfeld presented the staff report of August 20, 1996 and the recommendation to adopt the proposed resolution, Resolution No. 96 -70 City Council Minutes August 20, 1996 Page 5 - Authorizing the Application for Grant funds from the County of Los Angeles Regional Park & Open Space District Specified project Grant Program for the expansion of Pt. Vicente Interpretive Center, and approve the Council Ad Hoc Subcommittee's recommendation on the scope and size of the project in accordance with the attached preliminary plans. Ken Riedman, President, Las Serenas de Point Vicente, 3668 Cliffsite Drive; Sue Kersey, 32315 Forrestal Drive; Mary Jane Bloomingdale, 16 Martingale Drive, spoke in support of the expansion. Lois Larue, spoke in favor of this expansion. A brief Council discussion included the amount of revenue generated by the present facility, the increase in maintenance costs for the expansion, and what funds might be available through Measure "A" for operation and maintenance. City Manager Bussey pointed out that a couple of hurdles still remain such as state approval for size of the new addition. Councilman McTaggart moved, seconded by Councilman Byrd to adopt Resol. No. 96- 70 Authorizing the Application for Grant funds from the County of Los Angeles Regional Park &Open Space District Specified Project Grant Program for the expansion of Pt. Vicente Interpretive Center. Motion carried. Code Amendment No. 34 and Environmental Assessment No. 628- Amendments to Titles 16 and 17 of the City's Municipal Code (Development Code Revisions) (1801 x 1203) Senior Planner Rojas presented the staff report of August 20, 1996 with the recommendation to: 1) Review the final draft language of draft Chapters 16.04, 16.20, 16.241 17.02 (except Section 17.02.040, Proposition "M" which is Item No. 13 on this agenda), and 17.10 of Titles 16 and 17, as provided in the amended review schedule (Chapter 17.46 (Large Domestic Animal Overlay Control District) will not be heard on this agenda since that portion of the Development Code Revisions has been ost oned p p to the September 17, 1996 meeting); and, 2) Continue consideration of the amended Development Code to September 3, 1996. After Council discussion of bed and breakfast establishments and the pros and cons of allowing them in the City, it was the consensus to ask staff to bring back additional guidelines for the establishment of such facilities. Request to Join in the Amicus Curiae Brief for the City of Del Mar (11101 x 103) City Manager Bussey presented the staff memorandum of August 20, 1996 with the City Council Minutes August 20, 1996 Page 6 recommendation to join in the Amicus Curiae Brief on behalf of the City of Del Mar. Councilman McTaggart moved, seconded by Councilman Byrd, to support the recommendation. Motion carried. PUBLIC COMMENTS: Al Esser, 71 Crest Road, spoke to the subject of the Abalone Cove Landslide area and suggested mitigation measures. He referred to a report he submitted to the Council four years ago and suggested that they read it. He encouraged implementation of the sewer project and said that it was his intention to attend a Rolling Hills Homeowner Association meeting that week and make a similar presentation to them. (Mr. Esser's report is on file with the City Clerk's Office.) Mrs. Lee, 55 Oceanaire Drive, spoke about the appeal process on her neighbor's driveway. Lois Larue, spoke to a number of items and in particular voiced her opposition to the warning signs to bicyclists on Palos Verdes Drive East. Adjournment: At 10:20 p.m., the meeting was adjourned on motion of Councilman Byrd. ATTF ST- N.( GROUP% CITYCLRKNINUTES %CCMINS%092096CC.WPD Mayor City Council Minutes August 20, 1996 Page 7