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CC MINS 19961203MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 3, 1996 The meeting was called to order at 7:00 P.M. by Mayor Marilyn Lyon at the Hesse Park Community Center, 29301 Hawthorne Blvd. Following the Pledge of Allegiance, roll call was answered as follows: PRESENT: Hollingsworth, Byrd, Ferraro, McTaggart and Mayor Lyon ABSENT: None Also present were City Manager Paul Bussey, Assistant City Manager Brent Mattingly, Planning, Building and Safety Director Carolyn Petru, Senior Planner Joel Rojas, City Attorney Carol Lynch, Administrative Analyst Rick Otto, Finance Director Dennis McLean, Public Works Director Les Evans, City Clerk Jo Purcell, and Recording Secretary Jennifer Baum, RECYCLING DRAWING: (1204 x 1301) Mayor Lyon announced that the David Meldrum family was the recycle winner for the month of November. APPROVAL OF AGENDA: Councilwoman Ferraro moved, seconded by Councilman McTaggart to approve the Agenda. Motion carried. RESOL. NO, 96-102 - DIAMOND BROTHERS PROPERTY PURCHASE (305 x 1101) Administrative Analyst Otto presented the staff memorandum of December 3, 1996 and the recommendation to adopt the proposed resolution to authorize the City to accept the 160 acre property owned by Diamond Brothers Three Partnership. Councilman McTaggart moved, seconded by Councilwoman Ferraro to adopt RESOL. N0. 96 -1021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY OF RANCHO PALOS VERDES TO ACCEPT THE CONVEYANCE OF THE 160 ACRE PROPERTY OWNED BY DIAMOND BROTHERS THREE PARTNERSHIP WHICH IS GENERALLY LOCATED NORTH OF FORRESTAL DRIVE IN RANCHO PALOS VERDES. The motion carried on the following roll call vote: AYES: McTaggart, Ferraro, Hollingsworth and Mayor Lyon NOES: Byrd Councilman Byrd stated that he felt the price paid for this property was out of line. COUNCIL REORGANIZATION: (306 X 301) Councilman Byrd moved that Mayor Pro Tem John McTaggart be nominated to serve as Mayor. The motion was seconded by Councilman Hollingsworth. Motion carried. Mayor McTaggart moved, seconded by Councilman Byrd to nominate Councilwoman Ferraro as Mayor Pro Tem. Motion carried. Mayor McTaggart presented outgoing Mayor Lyon with a gift from the Council thanking job g g her for a well done. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine Road, congratulated Mayor McTaggart for being selected gg g Mayor, she then inquired about the process for the dangerous do hearing. g g . g Staff explained that dangerous dog hearings are general) held at 6:00 P.M. prior to the Y p Council meeting because the hearings can be lengthy and delay he start of the Y Council meetings. Councilwoman Lyon moved, seconded by Councilman Byrd to approve the Consent Calendar as follows: Register of Demands - RESOL. NO. 96 -103 (602) ADOPTED RESOLUTION N0. 96 -103 A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS WHICH THE SAME ARE TO BE PAID. Ryan Park Slope Improvements (1201 X 1204) (1) Accepted work as complete by M.W. Loyd, Inc. (2) Authorized the City Clerk to file a Notice of Completion and notify the surety company to exonerate the Labor and City Council Minutes December 3, 1996 Page 2 Material Bonds if no claims are filed during the 35 day legal notice period. (3) Authorized the Finance Director to release the retention 35 days after the Notice of Completion has been recorded by the County Recorder. Notice of Completion for FY 1995 -96 Pavement Overlay Program (11204 X 1404) (1) Accepted the work as complete by Clovis Paving. (2) Authorized the City Clerk to file a Notice of Completion and notify the surety company to exonerate the Labor and Material Bonds if no claims are filed during the 35 day legal notice period. (3) Authorized the Finance Director to release the retention 35 days after the Notice of Completion has been recorded by the County Recorder. Notice and Order to Abate a Public Nuisance - Appeal - (Pemba Properties, Inc.) (1203 x 17010 Continued this item until the December 17, 1996, at the appellant's request. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: Lyon, Byrd, Ferraro, Hollingsworth, and Mayor McTaggart NOES: None Appeal of Dangerous Dog Hearing (104 x 1203) City Attorney Lynch opined that since the dog was no longer in the City, that Council was not required to take action on this. Councilwoman Lyon so moved, seconded by Councilman Byrd. Motion carried. PUBLIC HEARING: Vacation of a Portion of Whitley Collins Drive (1204 x 1408) Mayor McTaggart opened the public hearing on this request to vacate a portion of Whitley Collins Drive. The City Clerk reported that notice had been published and that all correspondence received by the City had been presented to Council. Director Evans presented staff report of December 3, 1996 and the recommendation to City Council Minutes December 3, 1996 Page 3 continue this matter until the January 13, 1997 meeting. Speakers on this matter were as follows: Lois Larue, 3136 Barkentine, inquired about the clean up of the former Unocal gas station site; Trish Malin, 43 Santa Catalina Dr., stated that the plans submitted will turn the former station site into park land and there is no future risk to homeowners. Mayor Pro Tem Ferraro motioned to continue the hearing to the January 13, 1997 meeting The motion was seconded by Councilman Byrd. Motion carried. (Later in the meeting, the continuance date was changed to February 4, 1997). Code Amendment No. 34 and Environment Assessment No. 628 (1203 x 1801) It was the consensus to continue this matter to January 21, 1997, but to discuss the issue of "grandfathering" in the Equestrian overlay District at the December 17, 1996 hearing. Height variation No. 750 - Appeal Revision "B" - (3558 Bendigo Dr. /Gantz) (1203 x 1801) Mayor McTaggart opened this public hearing and the City Clerk reported that all correspondence received relative to this matter had been submitted to Council. Director Petru presented the staff memorandum of December 3, 1996 and the recommendation to continue this item to December 17, 1996, since several of the interested neighbors were unable to attend the hearing and had requested the continuance. Jim Gordon, 3538 Bendigo Drive, requested permission to copy the blueprint plans for this project. City Attorney Lynch opined that Mr. Gordon could copy them, however, they must be returned to the City. Christen Juarez, an attorney representing Mr. and Mrs. Gantz, said he would hold his comments until the December 17, 1996 meeting. Councilman Byrd moved to continue this item until December 17, 1996. The motion was seconded by Councilwoman Lyon. Motion carried. City Council Minutes December 3, 1996 Page 4 REGULAR BUSINESS: Resignation of Planning Commissioner Bruce Franklin (106 x 301 x 1203) City Clerk Purcell presented the staff memorandum of December 3, 1996 and the recommendation to start the recruitment process to fill the vacancy; or, choose an appointee from the list of prior applicants. Lois Larue commented that Bruce Franklin did an excellent job as Planning Commissioner. Council expressed their gratitude to Dr. Franklin for his service and dedication in serving on both the Planning Commission and the Traffic Committee. Councilman Byrd moved to conduct a recruitment to fill the Planning Commission vacancy; also, that staff should conduct the recruitment for the Equestrian Committee at the same time. The motion was seconded by Councilwoman Lyon. Motion carried. Selection of Commission and Committee Chairs (106 x 1203) City Clerk Purcell presented the staff report of December 3, 1996 and the recommendation to make the selection of committee and commission chairs for the forthcoming year. It was the consensus of the Council to continue this matter to the January 21, 1997 City Council meeting. Liability Insurance for Beautification Encroachments into the Public Right Of Way (1204 x 1804) Director Evans presented the staff memorandum of December 3, 1996 and the recommendation to eliminate the requirement for Homeowners' Associations to provide general Liability insurance for City Council approved encroachment in the public right - of -way for the purpose of beautification. Council discussion focused on who would be responsible for the work done in the public right -of -way; the extraordinary cost to homeowner associations in purchasing this insurance; if the SCJPIA could issue insurance to Homeowners' Associations to at least cover the construction period; whether there had been any accidents involving these structures in the right -of -way; and, if the matter of getting this construction City Council Minutes December 3, 1996 Page 5 insurance could be pursued by staff and the information made available to Homeowners' Associations. Councilman Byrd moved that the requirement for Homeowners' Associations to provide general liability insurance for City Council approved encroachment in the public right - of -way for the purpose of beautification be removed when the construction is completed. The motion was seconded by Councilman Hollingsworth. Motion carried. Schedule of City Council Meetings for January 1997 (301 x 307) City Clerk Purcell presented the December 3 staff memorandum and the recommendation that Council consider meeting dates for the month of January, 1997. After reviewing the schedule of hearings for the remainder of December and for the month of January, it was the consensus to hold a meeting on January 7 and 21, 1997. Councilwoman Ferraro so moved. The motion was seconded by Councilwoman Lyon. Motion carried. Finance Contribution for Economic Study (602 x 1101) City Manager Bussey presented the staff memorandum of December 3, 1996, and the recommendation to authorize an expenditure of $3,500.00 towards an economic study to be prepared under the auspices of the City of Rolling Hills Estates Economic Development Commission. Mayor Susan Seamans of Rolling Hills Estates, 1 Peacock Road, stated the need to retain and attract business on the Peninsula, and requested support for this study. Council discussion focused on the fact that since we get 8.2% of the sales tax collected by Rolling Hills Estates we have a vested interest to help; Council inquired if the Western Avenue shopping area could also be included in this study. Councilwoman Lyon moved to approve the expenditure, seconded by Councilwoman Ferraro. With the permission of the maker and the second, Councilman Hollingsworth proposed an amendment to pay for 8.2% of the total cost of the project, not to exceed $4,100. Motion as amended carried on the following roll call vote: AYES: Hollingsworth, Byrd, Ferraro, Lyon, and Mayor McTaggart NOES: None City Council Minutes December 3, 1996 Page 6 Recess and Reconvene: At 8:20 P.M. Mayor McTaggart declared a recess; the meeting reconvened at 8:30 P.M., the Council having conducted the business of the Redevelopment Agency and the Maintenance Authority while in recess. View Restoration Permit Guidelines and Height Modification Permit Guidelines (1203 x 1806) Director Petru presented the staff memorandum of December 3, 1996 and the recommendation to adopt the View Restoration Permit Guidelines and Height Modification Permit Guidelines used to implement Development Code Section 17.02.040 as recommended by the View Restoration Commission and Planning Commission. Speakers on this matter were as follows: Lois Larue, suggested we use the word height "alteration" instead of "modification. "; Warren Sweetnam, 7 Top Rail Lane, disagreed with holding the viewing area at a certain number of feet form the residence because he felt that Proposition M stated that the viewing area could be from inside a structure or from anywhere on the lot. Council discussion focused on whether the "viewing area" should be measured 5 or 10 feet from the house; if this measurement would be a guideline or be interpreted as an exact measurement by the Commission; whether to continue to allow homeowners to record a covenant on their property protecting views in lieu of trimming their foliage prior to the issuance of a building permit; and, in the case of covenants that were already recorded, whether they should be rescinded or just not enforced. It was the consensus to no longer require covenants to protect views. Relative to the enforcement of existing covenants Councilwoman Lyon moved, seconded by Councilman Hollingsworth that as a matter of policy, the City would not enforce existing view covenants. Motion carried. It was the consensus of Council to adopt both sets of guidelines, as amended. PUBLIC COMMENTS: Lois Larue, spoke t0 a variety of subjects. She requested that public comments be heard earlier in the evening. Warren Sweetnam, 7 Top Rail Lane, reported that there were 700 horse properties in the Palos Verdes Drive East area, and that the residents do not want the changes City Council Minutes December 3, 1996 Page 7 currently being considered by Council. ADJOURNMENT: Meeting was adjourned at 10:05 P.M. on the motion of Councilwoman Ferraro. NA MINUTES \12396MIN.WPD Redevelopment Agency Minutes December 3, 1996 Page