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CC MINS 19961001MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING OCTOBER 1, 1996 The meeting was called to order at 6:00 P.M. by Mayor Lyon at the Hesse Park Community Center, 29301 Hawthorne Boulevard and was immediately recessed to a closed session. The meeting reconvened at 7:00 P.M. Following the Pledge of Allegiance to the Flag led by Mira Catalina of Girl Scout Troop No. 559 roll call was answered as follows: PRESENT: McTaggart, Byrd, Hollingsworth, Ferraro, Mayor Lyon ABSENT: None Also present were City Manager Paul Bussey, Assistant City Manager Brent Mattingly, City Attorney Carol Lynch, Public Works Director Les Evans, Planning, Building & Code Enforcement Director Carolynn Petru, Senior Planner Dave Snow, Senior Planner Joel Rojas, Finance Director Dennis McLean, City Clerk Jo Purcell, and Recording Secretary Shirley Tanaka. CEREMONIAL EVENT: (303 x 1101) Mayor Lyon presented a proclamation to Captain Elizabeth Dickinson of the Los Angeles County Sheriffs Department in recognition of the month of October as "Crime Prevention Month." CLOSED SESSION REPORT: (103 x 1401 x 1411) City Attorney Lynch reported that the Council unanimously directed the City Attorney's Office to conduct research and provide a report to the Council regarding the options which were available to the City under the law to compel the school districts to allow the transfer of Eastview students into the PVUSD. With regard to the Pearl Ridge matter, by a 3 -2 vote (Councilmembers Byrd and McTaggart voting no), the Council voted to direct the City's negotiators to proceed with the negotiations and the preparation of the documents which are necessary to effectuate the acquisition of the Pearl Ridge property. RECYCLE DRAWING: Mayor Lyon announced that Leonard Rubenstein was the recycle winner for the month of August and that he would receive one year's worth of free refuse pickup. APPROVAL OF AGENDA: Councilwoman Ferraro moved, seconded by Councilman McTaggart, to approve the Agenda. Motion carried. APPROVAL OF CONSENT CALENDAR: The claim against the city by Farzaneh Parsa was removed because the claimants had signed a Release of Claims against the City. Lois Larue, 3136 Barkentine, spoke to the adoption of Ordinance No. 318 and the DEB program. Kathy Snell, 8 Vanderlip Drive, commended the City Council for having a meeting with the school districts in support of obtaining an attendance agreement between LAUSD and PVPUSD. She distributed a copy of her letter to the Council. (Ms. Snell's letter is on file with the City Clerk's Office. Sunshine, 6 Limetree Lane, spoke to the minutes of the regular meeting of September 17 which resulted in a correction to those minutes. Councilman McTaggart moved, seconded by Councilman Byrd to approve the Consent Calendar as follows: Waiver of Full Reading Adopted a motion to waive reading in full of all ordinances adopted at this meeting with consent to the waiver of reading deemed to be given by all councilmembers after the reading of the title. Minutes (301) Approved the Minutes of the Adjourned Regular and the Regular meeting of September 17, 1996 as amended. Amendment to the Professional Services Agreement with Willdan Associates - Inspection of the FY 95 -96 Citywide Residential Overlay (1204 x 1404) Approved the amendment to the professional services agreement with Willdan Associates related to the continued inspection of the FY95 -96 Citywide residential overlay project and increase appropriation by $18,736. City Council Minutes October 1, 1996 Page 2 Adoption of Ordinance No. 318 - Regulating Stormwater and Urban Runoff Pollution (604x 1204 x 1402) ADOPTED ORDINANCE NO. 318 REGULATING STORMWATER AND URBAN RUNOFF POLLUTION AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. Budget Adjustment for Fiscal Year 1996 -97 for Legal Expenses Anticipated by Eastview Residents (602 x 1401) ADOPTED RESOL. N0. 96 -84, AMENDING RESOL. NO. 96 -38, THE BUDGET APPROPRIATION FOR FY 1996 -971 TO INCREASE THE GENERAL FUND APPROPRIATION BY $6,000. Adoption of Disadvantaged Business Enterprise (DBE) Goal for the Federal FYI 996-97 (601 x 1204) 1) Adopted the goal of 15 percent for the DBE participation in Federal aided highway projects during the FY 1996 -97 Federal FY; 2) Directed the City Clerk to advertise and post the goal in accordance with Federal guidelines. Resol. No. 96 -85 - Register of Demands (602) ADOPTED RESOL. NO. 96 -851 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, Ferraro, Hollingsworth and Lyon NOES: None PUBLIC HEARING: Establishment of a Trust Deposit Billing System (602 x 1203) Mayor Lyon opened the public hearing on this revision of the current fees collected by the Department of Planning, Building &Code Enforcement. City Clerk Purcell reported that notice of the hearing had been duly published and that no written protests had been received by the City. City Council Minutes October 1, 1996 Page 3 Senior Planner Snow presented the staff report of October 1, 1996 and the recommendation to adopt the proposed resolution amending Resol. No. 92 -68 (the City's Fee Resolution) to: 1) Establish a Trust Deposit Billing System for Encroachment Permits for tract entrance observation structures; and, 2) Adopt a fee for Covenant Termination processing. There being no response to the Mayor's call for public testimony, she ordered the hearing closed. RESOLUTION NO. 96 -86 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION N0. 92 -88 (THE CITY'S FEE RESOLUTION) TO: (1) ESTABLISH A TRUST DEPOSIT BILLING SYSTEM FOR ENCROACHMENT PERMITS FOR TRACT ENTRANCE OBSERVATION STRUCTURES; AND, (2) ESTABLISHING A FEE FOR COVENANT TERMINATION PROCESSING was introduced by title and adopted on motion of Councilman McTaggart moved, seconded by Councilwoman Ferraro and carried. The motion carried on the following roll call vote: AYES: McTaggart, Byrd, Ferraro, Hollingsworth, and Lyon NOES: None Resol. No. 96 -87 - Nuisance Abatement Activities - Windport Canyon (1203 x 1701) Mayor Lyon opened the public hearing on this matter of placing a lien for the costs of nuisance abatement work done on the property referred to as Windport Canyon. The City Clerk reported that this hearing had been duly published and that no written protests had been received by the City. There being no response to the Mayor's call for public testimony, she ordered the hearing closed. RESOLUTION 96 -87 FINDING THAT THE ACTION UNDERTAKEN BY THE CITY TO ABATE THE PUBLIC NUISANCE EXISTING ON THE PROPERTY COMMONLY KNOWN AS WINDPORT CANYON (AND HAVING OCCURRED ON ASSESSOR'S PARCEL NUMBERS 7583 -022 -013 AND 7583 -039 -030) WAS NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE; FIND THAT THE COSTS INCURRED BY THE CITY TO ABATE THE NUISANCE ARE REASONABLE AND CORRECT, AND CONFIRMING THE CODE ENFORCEMENT OFFICER'S ITEMIZED ACCOUNT OF NUISANCE ABATEMENT COSTS; AND, DIRECT STAFF City Council Minutes October 1, 1996 Page 4 TO SUBMIT THE NUISANCE ABATEMENT COSTS TO THE LOS ANGELES COUNTY AUDITOR/CONTROLLER FOR INCLUSION ON THE 1996 -97 TAX ROLL, AS WELL AS IMPOSE A LIEN ON THE PROPERTY WITH THE LOS ANGELES COUNTY RECORDER IN THE AMOUNT OF THE COSTS was presented by title and adopted on motion of Councilman Byrd moved, seconded by Councilman McTaggart. The motion carried on the following roll call vote: Ayes: McTaggart, Byrd, Hollingsworth, Ferraro &Mayor Lyon Noes: None Amendment No. 1 - Tentative Tract Map No. 46651(Kajima) (1203 x 1411) Mayor Lyon opened the public hearing on this consideration of amendments to certain conditions of this tentative tract map. The City Clerk reported that notice of this public hearing had been duly published and that no written protests had been received by the City. Director Petru presented the staff report of October 1 and the recommendation to (1) Adopt the proposed resolution adopting Addendum No. 1 to Environmental Impact Report No. 32; (2) adopt the proposed resolution Approving Tentative Tract Map No. 46651 - Amendment No. 1 with Regards to the Removal of an Underground Equestrian Trail Tunnel Easement, Modification of a Traffic Signal Condition, Removal of Conditions Related to Off -Site Drainage Facilities That Are No Longer Associated with the Project and Other Minor Clarifications to the Conditions of Approval, but Denying the Landowner's Request for Private Streets in the Tract; and, (3) adopt the proposed resolution Denying the Appeal of Conditional Use Permit No. 151 - Revision "A ", Thereby Upholding the Planning Commissions Minor Clarifications to the Conditions of Approval for this Permit, but Denying the Landowner's Request for a Gated Entrance to the Tract fora 63 Lot Residential Planned Development (RPD) Located at the Southwest Corner of Crest Road and Highridge Road. Speaking to this matter were the following persons: Lois Larue, 3136 Barkentine, spoke relative to the runoff from this development. Diane Alexander, 49 Country Meadow Road, expressed concern about the ingress and egress of trucks if the development is gated and cited the traffic hazards experienced along Crest Road because of excessive speed. John Muckel, 6024 Ocean Terrace Drive, questioned why his development was not allowed to be gated inasmuch as it is adjacent to Kajima. George Walker, 6035 Ocean Terrace, stated support for the staff recommendation and the denial that this be a gated community. Sunshine, stressed the need for safe street crossing for equestrians as well as pedestrian traffic inasmuch as there is no traffic control on Crest between Crenshaw and Hawthorne Boulevard. City Council Minutes October 1, 1996 Page 5 Bruce Froehlich, Vice - President of Operations, Kajima Developers, 901 Corporation Center, Monterey Park, spoke in favor of gating the community and distributed copies of a newspaper article supporting his position. Several issues of concern that were discussed: whether there should be streetlights; what kind of street lights would be appropriate for this area; the possibility of installing some fog warning light to aid in traffic safety; and, whether there really existed any clear reason for making this a gated community. Motion was moved by Councilman Byrd, seconded by Councilman McTaggart, to deny the gating of this community and the privatization of the streets. Motion carried. Mr. Froelich suggested that low density street lights be installed in the project. A brief discussion then ensued about how the other developments in the area do not have streetlights and, consequently, how inappropriate it would be for this development to have them. It was the consensus of the Council that there be no street lights in this development. Recess & Reconvene: At 8:45 P.M. Mayor Lyon declared a recess. The meeting reconvened at 8:55 P.M. Council resumed discussion of the Kajima tract. The following resolutions were presented by title: (1) Resol. No. 96 -88 ADOPTING ADDENDUM NO. 1 OF THE ENVIRONMENTAL IMPACT REPORT NO. 32; (2) RESOLUTION NO. 96-89; APPROVING TENTATIVE TRACT MAP NO. 46651 - AMENDMENT NO. 1 WITH REGARDS TO THE REMOVAL OF AN UNDERGROUND EQUESTRIAN TRAIL TUNNEL EASEMENT, MODIFICATION OF A TRAFFIC SIGNAL CONDITION, REMOVAL OF CONDITIONS RELATED TO OFF -SITE DRAINAGE FACILITIES THAT ARE NO LONGER ASSOCIATED WITH THE PROJECT AND OTHER MINOR CLARIFICATIONS TO THE CONDITIONS OF APPROVAL, BUT DENYING THE LANDOWNER'S REQUEST FOR PRIVATE. STREETS IN THE TRACT; AND, (3) ADOPT RESOLUTION NO. 96 -90; DENYING THE APPEAL OF CONDITIONAL USE PERMIT NO. 151 - REVISION "A ", THEREBY UPHOLDING THE PLANNING COMMISSIONS MINOR CLARIFICATIONS TO THE CONDITIONS OF APPROVAL FOR THIS PERMIT, BUT DENYING THE LANDOWNER'S REQUEST FOR A GATED ENTRANCE TO THE TRACT. Councilman Byrd moved, seconded by Councilman McTaggart, to adopt Resol. Nos. 96 -88, 96 -89 and 96 -90, as amended. Motion carried on the following roll call vote: City Council Minutes October 1, 1996 Page 6 AYES: McTaggart, Byrd, Hollingsworth, Ferraro, and Lyon NOES: None Recess & Reconvene: At 9:00 P.M. The Council recessed to conduct the business of the Redevelopment Agency. The meeting reconvened at 9:14 P.M. City Council Attendance at the September 16 School Board Meeting - Attendance of Eastview Students (14 01 x 1101 ) Council summarized their attendance at the PVPUSD School Board Meeting and expressed their disappointment that no agreement was reached to allow the transfer of students from the Eastview area into the PVUSD school district. David Trujillo, 2015 Toscanini, thanked the Council for their support of this student transfer and expressed hope to be able to work with the PVUSD to create a transfer policy to accept students from Eastview into the Palos Verdes Unified School District. Speaking as a resident of Rancho Palos Verdes was school board member Peter C. Gardiner, 3115 Martingale Drive, who stressed the importance of having all the children who live in the City go to the same schools. Council discussion included their continued support for uniting all the students in the City to attend the PVUSD schools. Rental of Former Recreation Building by Palos Verdes On the Net (12 01 x 110 1) Senior Administrative Analyst Otto presented the staff report of October 1, 1996 with the recommendation to determine whether to execute a no -fee lease agreement (excluding utilities and maintenance related expenses) with Palos Verdes On the Net for the use of the former Recreation Building. Lois Larue, inquired if the City would get a share of any income generated by PV on the Net. Ted Vegvari, representing Palos Verdes on the Net, explained the service that PV on the Net would be providing free to the community. Council discussion included inquiries about the number of volunteers, hours of operation and the number of computers that would be available. City Council Minutes October 1, 1996 Page 7 Councilman McTaggart moved, seconded by Councilman Byrd to approve the leasing to the Palos Verdes On The Net at no cost; that there be a 90 day termination clause; that PV on the Net would pay the customary maintenance costs and utilities. The motion carried on the following roll call vote: AYES: McTaggart, Byrd, Hollingsworth, Ferraro and Lyon NOES: None FY 1996 -97 Recycling Revenue Grant Awards (Cycle 8) (1204 x 1301) Public Works Director Evans presented the staff report of October 1, 1996 with the recommendation to: 1) Award recycling grants totaling $62,467 to eligible applicants as shown on Exhibit "A ", and; 2) consider grant awards to Homeowner Association Projects which do not seem to fulfill the criteria. Greg Mitre, 3719 Hightide Drive, Director of Streets and Landscaping for the Mediterrania Home Association complimented the Council for this program and requested funding for his Association's project. John Beringer, 3412 Seaglen Drive, President, Mediterrania Home Association, agreed with the recommendation, however questioned why staff recommended an award amount less than they requested. Muriel Titzler, 3 Ginger Root Lane, described the need to replace the structure at the entrance to Portuguese Bend and also explained how their association also maintains the landscaped area just outside of the gates. Claudia Gutierrez, 3 Clovetree Place, explained that while this structure may be considered not having a lot of visibility to the public, their area did, however, host many functions which were open to the public at large. Council discussion included the availability of money for these beautification projects and explained that the fluctuation in the amount of funding available was dependent on the ever changing market for recycling materials. Councilman McTaggart moved, seconded by Councilman Byrd, to adopt staff recommendation with modification to approve all projects except #8 -145 and increase the Mediterrania award to $2,393.00. Motion carried on a roll call vote: City Council Minutes October 1, 1996 Page 8 AYES: McTaggart, Byrd, Hollingsworth, Ferraro, and Lyon NOES: None (Members Byrd and Hollingsworth abstained on Project 8 -116; Councilwoman Ferraro abstained on Project 8 -125.) Recess and Reconvene: Mayor Lyon declared a recess at 10:26 P.M. The meeting reconvened at 10:35 P.M. Code Amendment No. 34 - Titles 16 and 17 (1203 x 1801 ) Mayor Lyon noted that this was the continued public hearing of the Development Code Changes. Senior Planner Rojas presented the staff report of October 1 and the recommendation to (1) Review the final draft language of draft Chapter 17.76 of Title 17, as provided in the amended review schedule; and, (2) Continue consideration of the amended Development Code to October 15, 1996. Patrick Ford, 30659 Ganado Drive, requested reconsideration of the staff recommendation to allow hedges to protect privacy and to consider "grandfathering" existing hedges. Mrs. Ford, also cited the need and value of privacy that was afforded by hedges over 6 feet in height. Council discussion centered on height limits of hedges that exist in sideyards and backyards inasmuch as some do obstruct views while others may not. Of particular concern were backyard hedges on slopes that exceed the height limitation but do not obstruct views. It was the consensus that hedges up to 16 feet would be permitted in sideyards or backyards unless they caused significant view impairment in which case the matter would be reviewed by the View Restoration Commission. Hedges located in the required front and street side setback areas were limited to 42 ". Placement of campaign signs - it was the consensus that a penalty fee should not be placed on any campaign signs that were placed in the public right -of -way. Special Events Signs - permanent posts to be installed for the placement of such signs at several designated locations in the City. Large Family Daycare facilities - It was the consensus that these facilities should be subject to the CUP process. City Council Minutes October 1, 1996 Page 9 The suggestion was made that applicants should be requested to supply staff with the names of their homes association for notification purposes. Relative to satellite dishes, it was the consensus that the City Attorney and staff should work on additional language to regulate dishes under one meter in size. Ham Radio Antennas - It was the consensus that antennas over 30 feet in height should be subject to the CUP process, rather than the current MEP process. The public hearing on this matter was continued to October 15 on motion of Councilwoman Ferarro. DATES FOR UPCOMING MEETINGS: (307 x 1101) Council scheduled a Community Leader Breakfast for Saturday, November 2, at 9:00 A.M., Hesse Park and a Townhall Meeting for Monday, October 21, at 7:00 P.M., Hesse Park. PUBLIC COMMENTS: Bob Ciriello, 6545 Nancy Road, described the fire hazard in the adjacent canyon in the Miraleste District and stressed the need for weed clearance. It was the consensus that this item should be placed on the October 15, 1996 agenda. Kathy Snell, 8 Vanderlip Drive, spoke to the hazard of driving off road vehicles in the landslide area. Lois Larue, distributed a copy of an article from the L. A. Times. ADJOURNMENT: At 12:16 A.M. the meeting was adjourned on motion of Councilman Byrd. F M-hor Attest: � T 6 City Clerk n\group\cityc1kUninutes10196ccm City Council Minutes October 1, 1996 Page 10