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CC MINS 19960917MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING SEPTEMBER 17, 1996 Immediately following the Adjourned Meeting, the Regular Meeting was called to order at 9:00 P.M. by Mayor Marilyn Lyon at the Hesse Park Community Center, 29301 Hawthorne Boulevard. PRESENT: McTaggart, Byrd, Hollingsworth, Ferraro, and Mayor Lyon ABSENT: None Also present were City Manager Paul Bussey, City Attorney Carol Lynch, Public Works Director Les Evans, Planning, Building & Code Enforcement Director Carolynn Petru, Finance Director Dennis McLean, Senior Planner Joel Rojas, Senior Administrative Analyst Lauren Ramezani, City Clerk Jo Purcell and Recording Secretary Shirley Tanaka. APPROVAL OF AGENDA: Councilman Byrd moved, seconded by Councilman Hollingsworth to approve the Agenda. Motion carried. APPROVAL OF CONSENT CALENDAR: Lois Larue, spoke to several items on the Consent Calendar: Paseo del Mar street vacation; Abalone Cove Beach improvements, Loan Agreement between the City and the RDA, 1996 -97 Budget Adjustment, Agreement with Environmental Services; and, the Register of Demands. With regard to the Abalone Cove Beach improvements, Council requested that the entire Council be kept advised of the Ad Hoc (Lyon /Byrd) committee's progress on this matter. Finance Director McLean reported that Warrant No. 19012 issued to Mayor Lyon for Mileage Reimbursement had been issued in error; that the Mayor does not get such reimbursement; consequently, that warrant had been voided and the amount of the Register of Demands adjusted accordingly. Mrs. Lee, 55 Oceanaire, spoke to the minutes of September 3. Councilman Byrd moved, seconded by Councilman Ferraro to approve the Consent Calendar as follows: Waiver of Reading Adopted a motion to waive full reading in full of all ordinances adopted at this meeting with consent to the waiver of readin g deemed to be given by all councilmembers after the reading of the title. Minutes (301) Approved the minutes of September 3, 1996. Claim Against the City by Steven Lee Irving (301 x 303) Rejected the claim of Steven Lee Irving and directed the City Clerk to inform the claimant of the City Council's action. Crossing Guard Services for the 1996 -97 School Year - Amendment No. 4 - All City Management Services, Inc. (301 x 1401) Authorized the Mayor and the City Clerk to execute Amendment No. 4 to the agreement with All City Management Services, Inc. for an amount not to exceed $7,500 to provide crossing guard services at Miraleste Intermediate School for the 1996 -97 School Year. Amendment to Professional Services Agreement with Charles Abbott Associates, Inc. (1204) Authorized the Mayor and the City Clerk to sign the proposed amended professional services agreement with Charles Abbott Associates, Inc. Resolution No. 96 -81 - Notice of Intention to Vacate a Portion of Paseo del Mar (1408 X 1204) ADOPTED RESOLUTION 96 -81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DECLARING ITS INTENTION TO VACATE A PORTION OF THE PASEO DEL MAR RIGHT -OF -WAY. City Council Minutes Regular Meeting September 17, 1996 Page 2 Abalone Cove Beach Improvements (1201) Authorized the Request for Proposals for environmental review, preparation of plans and contract administration for the Abalone Cove Beach Improvement project. Loan Agreements Between the City and the RDA for Fiscal Year 1995 -96 and for Fiscal Year 1996 -97 (602 X 1900) Authorized the Mayor and the City Clerk to execute the loan agreements between the City and the RDA to fund Redevelopment Agency activities in Fiscal Year 1995 -96 and in Fiscal Year 1996 -97 for the Portuguese Bend RDA Fund. (The proposed loans will fund RDA activities in the amount of $435,000 for FY 1995 -96 and $100,000 for FY 1996-97.) RESOL. NO. 96 -82 - Budget Adjustment for Fiscal Year 1996 -97 (602 x 1900) ADOPTED RESOL. NO. 96 -82 AMENDING RESOL. NO. 96 -38, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1996 -97 AS FOLLOWS: 1) TO REDUCE THE AMOUNT OF THE LOAN FROM THE GENERAL FUND TO THE PORTUGUESE BEND FUND FROM $250,000 AS ORIGINALLY ADOPTED BY THE COUNCIL TO $100,000; AND, 2) TO APPROPRIATE A TRANSFER FROM THE GENERAL FUND TO THE JOINT POWERS MAINTENANCE AUTHORITY IN THE AMOUNT OF $44,000. Fee Waiver Request for Variance No. 413 (1203 x 1804) Approved the request to waive the fees associated with the application for Variance No.413 for the proposed construction of a 6-0" high block wall within the required 10'- 0" street -side setback area. Agreement for Environmental Consulting Services Between the City and Impact Sciences, Inc. (1203 X 1804 Approved the Agreement for Environmental Consultant Services Between the City and Impact Sciences, Inc. and authorize the Mayor and City Clerk to Execute the Agreement. Resolution No. 96 -83 - Register of Demands (602) ADOPTED AS AMENDED RESOL. NO. 96 -83 - A RESOLUTION OF THE CITY City Council Minutes Regular Meeting September 17, 1996 Page 3 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, Ferraro, Hollingsworth and Lyon NOES: None PUBLIC HEARING: Code Amendment No. 34 Large Domestic Animal Overlay Control District). (1801 x 1203) Senior Planner Rojas presented the staff report of September 17 with the recommendation to: 1) Review the list of unresolved issues associated with daft Chapter 17.46 (Large Domestic Animal Overlay District) and provide staff with direction where appropriate; and, 2) Continue consideration of the amended Development Code to October 1, 1996. Expressing their opinions, both pro and con about the code as presently written and about the proposed code were the following residents of the area: Claudia Gutierrez, 3 Clovetree Place; Joan Wright, 1 Fruitree Road; Toni Deeble, 3 E. Pomegranate; Betty Field- Strauss, 10 W. Pomegranate; Barbara Gleghorn, 28850 Crestridge Road; Muriel Titzler, 3 Ginger Root Lane; Joe Deeble, 3 E. Pomegranate, and, Robert Maxwell, 7 E. Pomegranate; Kay Bara, 1 Peppertree Drive, representing the PVP Homeowners Association; Ed Sutton, 1 East Pomegranate; Enzo Giobbe and Staci Wilson, 10 Cherry Hill; and, Sunshine, 6 Limetree Lane. The comments of these speakers centered on the following: the need for manure removal; opposition to nonresidents keeping horses on a lots in the City; the need for an equestrian committee; placing too severe a limit on the number of horses allowed on lots; improved horsekeeping practices; and, increasing the setbacks. Speakers from outside of the Large Animal Overlay District were as follows: Pam Turner, 25930 Rolling Hills Road, Torrance; Muriel Wuethrich, 3216 Raintree Avenue, Torrance; John Howard, 242 Neece, Torrance, Jackie McGuire, 4935 Rolling Meadows Road, RHE; Jennifer Boudreau, 4235 Elkmont Drive; Heidi Furer, 9 Via City Council Minutes Regular Meeting September 17, 1996 Page 4 Costa Verde; Joe Malouin, 9 Via Costa Verde; Terry Kenney, 2514 Loftyview Drive, Torrance; and, Donna K. Fernandez, DVM, 26801 Rolling Vista, Lomita, who practices veterinary medicine on the Peninsula. Recess and Reconvene: At 10:15 P.M. Mayor Lyon declared a recess; the meeting reconvened at 10:20 P.M. Continuing with public testimony, the following persons spoke: Hirsch Marantz, 2 Pony Lane, RHE, President of PVPHA; Janine Dressler, 316 N. Prospect, Redondo Beach; and, Rachel McCaskill, 1323 S. Walker Avenue, San Pedro; Charlene O'Neil, 38 Headland Drive; and, Richard Bara, 1 Peppertree Drive. Their remarks centered on the ability of people to keep their horses boarded in the City; not placing a limit on the number of horses boarded; and, to establish an advisory committee to deal with problems that might arise. A lengthy Council discussion ensued whereby the Council considered each of the questions posed in the staff memorandum. Finally, Council reached consensus on the following: Minimum lot size for keeping animals is 15,000 sq. ft. with all other standards to remain as in present code, except as modified below: Keeping of animals allowed only on vacant lots contiguous to developed lots under same ownership /control. In situations where there are contiguous lots under same ownership /control, modified restrictions as follows: a maximum of 6 horses on the first lot in accordance with existing standards; two maximum per lot for any other contiguous lot, up to a maximum of 10. More than 10 animals would require approval through public hearing process. Off street parking must be available on all horsekeeping lots. On contiguous lots containing over 6 horses, screening and set -back requirements to be increased. On vacant lots not contiguous to a developed lot, horsekeeping allowed only through special approval /public hearing process. City Council Minutes Regular Meeting September 17, 1996 Page 5 Commercial Boarding: Horse boarding to be considered a home occupation requiring a home occupation permit. Horsekeeping standards to be developed by staff. Retained 35 ft. setbacks; any disputes to be reviewed by the Animal Advisory Committee. No cows allowed except through special permit/public hearing. Standards to be applied equally to horses, goats, sheep with cows requiring aforementioned special permit process. Limitation on combination of all large animals established by lot size limitation. Manure Removal: permitted removal or composting: Composting /and or manure storage areas to be screened from public view in accordance with Ordinance No. 318. Created an animal advisory committee to deal with disputes or variations from the code. Decisions of the committee to be appealable to the City Council. Nonconformance: Grandfathered all existing legal uses and structures. Recess and Reconvene: At 12:20 A.M. Mayor Lyon declared a recess; the meeting reconvened at 12:25 A.M. Relative to the Animal Advisory Committee, it was the consensus that application be made through the regular committee application process. Councilwoman Ferraro moved, seconded by Councilman McTaggart that the public hearing be continued to October 1, 1996. Motion carried. Establishment of a Trust Deposit Billing System (1203) Due to the lateness of the hour, this hearing was opened and immediately continued to October 1 on motion of Councilman Byrd moved, seconded by Councilwoman Ferraro and carried. REGULAR BUSINESS: City Council Minutes Regular Meeting September 17, 1996 Page 6 Ocean Trails Habitat Conservation Plan Implementing Agreement (701 X 1203) The staff report of September 17 recommended that Council authorize the Mayor and the City Clerk to sign the Ocean Trails Habitat Conservation Plan Implementing Agreement, once the Agreement and the HCP have been revised in accordance with the City Attorney's recommendations, provided the Council concurs with those recommendations, and direct Staff to transmit the signed document to the United States Fish and Wildlife Services. Ken Zuckerman, one of the landowners of the Ocean Trails project, requested Council approval of this agreement. Michael Mohler, the former project manager for Ocean Trails, reported his presence and willingness to answer Council's questions, should they have any. Councilman Byrd motioned, seconded by Councilwoman Ferraro to adopt the staff recommendation as amended. Motion carried. FY 1996 -97 Recycling Revenue Grant Awards (Cycle 8) (1301 X 1204) Due to the lateness of the hour, it was the consensus to continue this matter to the October meeting. Ordinance No. 317 Code Amendment No. 34 -- Amendments to Section 17.02.040 of the City's Municipal Code (Prop. M) (1203 x 7806) 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 was presented by title and adopted on motion of Councilman McTaggart, seconded by Councilman Hollingsworth. The motion carried on the following roll call vote: AYES: McTaggart, Byrd, Ferraro, Hollingsworth, and Lyon NOES: None Introduction of Ordinance No. 318 - Regulating Stormwater and Urban Runoff Pollution (604 X 1204) Director Evans presented the staff report of September 17 with the recommendation to waive further reading and introduce Ordinance No. 318 regulating storm water and City Council Minutes Regular Meeting September 17, 1996 Page 7 urban runoff pollution. Lois Larue, expressed her concern about the stormwater runoffs. ORDINANCE NO. 318 REGULATING STORMWATER AND URBAN RUNOFF POLLUTION AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was introduced by title on motion of Councilman Byrd moved, seconded by Councilman McTaggart. Motion carried on a roll call vote: AYES: McTaggart, Byrd, Ferraro, Hollingsworth, and Mayor Lyon NOES: None PUBLIC COMMENTS: Responding to the Mayor's call for comments for items not on the agenda was Mrs. Li Ann Lee, 55 Oceanaire Drive, who spoke about the ownership of the tree removed at 54 Oceanaire Drive. ADJOURNMENT: At 1:00 a.m. the meeting adjourned on motion of Councilman Hollingsworth. r 'MAY01W ATTEST: CITY CLERK N:M0UP \CITYCLRK\MIN \091796CM City Council Minutes Regular Meeting September 17, 1996 Page 8