Loading...
CC MINS 19961217MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 17, 1996 The meeting was called to order at 7:05 P.M. by Mayor McTaggart at the Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance, roll call was answered as follows: PRESENT: Hollingsworth, Byrd, Ferraro, and Mayor McTaggart ABSENT: Lyon Also p resent were City Manager Paul Bussey, Assistant City Manager Brent Mattingly, Planning, Building and Code Enforcement Director Carolynn Petru, Principal Planner Joel as, RoJ j City ttorney Carol Lynch, Finance Director Dennis McLean, Public Works Y Director Les Evans, City Clerk Jo Purcell and Recording Secretary Jennifer Baum. APPROVAL OF AGENDA: Councilman Byrd moved, seconded by Mayor Pro Tem Ferraro to approve the Agenda. Motion carried. APPROVAL OF CONSENT CALENDAR: It was the consensus to remove Item No. 3, Notice and Order to Abate a Public Nuisance from the Consent Calendar and that staff should re- notice when appropriate. Lois Larue, 3136 Barkentine Road, spoke to several matters on the Consent Calendar: objected to the length of the consent calendar; requested that the speed limit on Palos Verdes Drive East from Diamonte to Ganado be reevaluated; that the minutes should be more detailed; results of the utility tax election; and, that more time was needed to review the commercial refuse collection contract. Sunshine, 6 Limetree Lane, had concerns regarding the Item No. 8, Trail Easements on Hawthorne Boulevard; she questioned if the City can afford to spend the money for a consultant and she felt p edestrians as well as equestrians should be able to use it. Councilman Byrd moved, seconded by Mayor Pro Tem Ferraro to approve the Consent Calendar as follows: Waiver of full reading of resolutions and ordinances Adopted a motion to waive reading in full of all ordinances and resolutions presented at this meeting with consent of the waiver of reading deemed to be given by all councilmembers after the reading of the title. Minutes (301) Approved the Minutes of November 25 and December 3,'1996 as submitted. Resol. No. 96 -104 Certification of Election Results (301 x 501) ADOPTED RESOL. N0. 96 -104 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 1996, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW. Commercial Refuse and Collection Agreement for One New Contract and Agreement Amendment to Extend Other Existing Contracts (1204 x 1301) (1) Authorized the Mayor and City Clerk to execute amendment number two to the Agreements for Nonexclusive Commercial Refuse Collection and Disposal Services with (a) ACE Rolloff Rubbish Service, Inc., (b) Rapidway Disposal (Formally Angelus- Hudson, Inc.) (c) Browning - Ferris Industries (BFI), (d) EDCO Disposal Corporation, (e) A Trojan Disposal (Formally Sub - Haulers), (f) Ivy Rubbish Disposal, (g) S & H Disposal Company, (h) Waste Management of Los Angeles, (i) Western Waste Industries, and (j) HMD Waste Company to extend the nonexclusive franchise through December 31, 1997. (2) Authorized the Mayor and City Clerk to execute a Nonexclusive Franchise Agreement for Commercial Refuse Collection and Disposal Services with OK Rubbish Service Company through December 31, 1997. Professional Service Agreement with Berryman & Henigar for the update of the Pavement Management Program (1204 x 1404) (1) Awarded a Professional Services Agreement to Berryman & Henigar, Inc. for the Bi- annual update of the Pavement Management Program for an amount not to exceed $20,500. (2) Authorized the Mayor and the City Clerk to execute a professional service agreement with Berryman & Henigar. Vacation of an Equestrian Easement(450 x 701 x1204 x 1408) (1) Authorized staff to initiate vacation proceedings in accordance with Council Policy and Resolution 90 -93. (2) Authorized staff to investigate the possibility if vacating City Council Minutes December 17, 1996 Page 2 additional equestrian trail easements in the vicinity of the subject property. Resol. No. 96 -105 Traffic and Engineering: Speed Surveys(1204 x 1502) ADOPTED RESOL. NO. 96 -1051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ESTABLISHING SPEED LIMITS ON VARIOUS STREETS. Resol. No. 96 -106 Register of Demands (602) ADOPTED RESOL. NO. 96 -1061 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: Hollingsworth, Byrd, Ferraro, and Mayor McTaggart NOES: None ABSENT: Lyon PUBLIC HEARINGS: Height Variation No. 750 - Appeal Revision "B" (1203 x 1801) Mayor McTaggart announced that this continued public hearing would again be continued to January 21 to give the applicant time to modify the plans to depict to the staff recommendation and also to give the Council and the public the time to view those plans. City Clerk Purcell reported that all correspondence received was made part of the Council agenda packet. Representing Mr. and Mrs. Gantz was their attorney Christian Juarez who agreed to this continuation and stated that the requested plans would be prepared for the City. Equestrian Overlay District - Nonconforming Issues (1203 x 1801) Mayor McTaggart announced that the Council would only take testimony relative to the grandfathering issue and that this public hearing would be continued to January 7, 1997. City Council Minutes December 17, 1996 Page 3 Principal Planner Rojas presented the staff report of December 17, 1996 and the recommendation to review and discuss the City Attorney's memorandum dated December 12, 1996 which responded to the City Council's request for a discussion of the issues regarding nonconforming uses which would be created by the proposed amendments to Chapter 17.46 (Equestrian Overlay District of "Q" Zone). (Ms. Lynch's memorandum was a part of the agenda packet). Speaking in favor of grandfathering nonconforming uses were the following speakers: Sunshine, 6 Limetree Lane; Charlene O'Neil, 38 Headland Drive; Heidi Furer, 9 Via Costa Verde; Kay Bara, 1 Peppertree Drive; Joe Malouin, 9 Vista Costa Verde; Michael Bowler, 3456 Via Campesina; Sherree Greenwood, 2543 Sunnyside Ridge Road; Jeanne Smolley, 56 Lime Tree Lane; John Zaccaro, 28531 Palos Verde Drive East; Sheryl Steckel, 2067 MacArthur; John Howard, 24260 Neece Ave, Torrance; Ed Sutton, 1 Pomegranate Road; * Kathy Snell, 8 Vanderlip Drive; and, Jack Downhill, 20 Vanderlip Drive. Katie Pilot, 8 Vanderlip Drive and Karen Colclasure did not speak however, presented written statements supporting grandfathering with the land. ( *Presented a written statement on file with the City Clerk's Office.) The concerns and opinions of these speakers focused on the following: that the grandfathering should run with the land and not just with the present property owner; the effect that owner only grandfathering would have on non - profit programs such as Ride To Fly; that the Code as presently written was adequate; disagreement with setting the grandfathering date as October 29, 1996 and not the date when the ordinance is adopted by Council; the reduction in property value that restricting the grandfathering to the property owners would cause; how these proposed restrictions may even dissuade some buyers from buying in the equestrian districts; the fact that there had been a total of 22 hearings on this subject; and, that the Equestrian District on the east side of the City will be affected by new restrictions which are intended to address problems and conditions experienced in the Portuguese Bend equestrian district. Robert Maxwell, 7 E. Pomegranate Road, felt that if the CC &Rs for the area were more restrictive and that they should be enforced and not the City's less restrictive code. City Attorney Lynch opined that CC &R's are enforced by homeowner associations and cannot be enforced by the City. Citing the absence of Councilwoman Lyon, due to illness, the Mayor suggested that this public hearing be continued to January 7. Councilman Byrd so moved, seconded by Mayor McTaggart. Motion carried. City Council Minutes December 17, 1996 Page 4 ORDINANCE NO. 319 CODE AMENDMENTS NO. 34 (Proposition M) (1203 x1806) Mayor McTaggart opened the public hearing on Code Amendment No. 34 and the City Clerk reported that notice of the hearing was duly published and that all written correspondence had been distributed to Council. Principal Planner Rojas presented the staff report of December 17, 1996 and the recommendation to (1) waive further reading and introduce Ordinance No. 319 thereby adopting amendments to Section 17.02.040 of the City of Rancho Palos Verdes Municipal Code; (2) adopt Council Policy No. 30 regarding the enforcement of existing "Covenants to Protect Views"; and (3) continue consideration of the amended Development Code to January 21, 1997. Representing the Rancho Palos Verdes Council of Homeowners Associations was Gerald Simon, 4272 Stalwart, who expressed concerns regarding second story height variations and cited cases in the Exultant Drive area where second story additions had been approved which completely blocked the views of several homes. Si Arkoff, 4020 Exultant Drive, and John Clayton, 4132 Stalwart Drive, explained how their view is now blocked by additions that had gone through the Planning Commission hearing and appeal process and had gone before the Council. Staff stated that they would prepare background information on these height variation applications and presented it to Council in the Administrative Report. Councilman Byrd moved, seconded by Mayor Pro Tem Ferraro to adopt the staff recommendations: 1) Introduce Ordinance No. 319, OF THE CITY OF RANCHO PALOS VERDES ADOPTING AMENDMENTS TO SECTION 17.02.040 (PROPOSITION "M ") OF THE RANCHO PALOS VERDES MUNICIPAL CODE; 2) adopt Council Policy No. 30 regarding the enforcement of existing "Covenants to Protect views"; and 3 Continue consideration of the amended Development Code to January 21, 1997. The motion carried on the following roll call vote: AYES: Mayor Pro Tem Ferraro, Hollingsworth, Byrd, and Mayor McTaggart NOES: None ABSENT: Lyon REGULAR BUSINESS: Grant Request by the Peninsula Symphony Association(305 x 1101) City Council Minutes December 17, 1996 Page 5 City Manager Bussey presented the staff report for December 17, 1996 and the recommendation for the Council to decide whether to contribute a $1, 000 grant to the Peninsula Symphony Association. Councilman Hollingsworth moved to approve a grant of $1,000. The motion was seconded by Councilman Byrd and carried on the following roll call vote: AYES: Hollingsworth, Byrd, Ferraro, and Mayor McTaggart - NOES: None ABSENT: Lyon Fee waiver request for a Variance revision application and penalty fee (11203 x 1801 ) Director Petru presented the staff report for December 17, 1996 and the recommendation to deny the applicant's request to waive the $570 Variance revision application fee and the $570 penalty fee to process a revision to Variance No. 217 for an existing 8' to 9' high combination retaining wall and wrought iron fence in the required front yard setback area. Ms. Petru referred to the November 25, 1996 staff report which contained the detailed background on this variance. Applicant Ellen Grimes Osborne, 6343 Villa Rosa Drive, reviewed the entire background of her variance process starting in 1988. She cited what she felt were staff errors with this project during that time and inquired why she was being made to rectify all conditions when one of her neighbors had what she felt were several code violations. She requested that she to be allowed to keep her fence and that the penalty fee be waived. Director Petru stated that the inspector went to the property to finalize this project and noticed that the fence was different than what had been approved through the Original variance and was, consequently, in violation of Code. The fence had been removed prior to the issuance of the final building permit, then replaced a few months later. The replacement fence had been moved forward three feet and was higher than permitted by the code, which is why the penalty fee was imposed. Council's inquiries clarified that the fence had been moved three feet forward and was four to five feet higher than original plans. Additional discussion showed that this matter had gone before the Planning Commission for hearing in 1988 and it will go to the Planning Commission again because it is a revision to the variance they originally acted upon. City Council Minutes December 17, 1996 Page 6 Mayor Pro Tem Ferraro moved to deny the fee waiver. The motion was seconded by Councilman Byrd. Motion carried. Recess and Reconvene: At 8:33 P.M. Mayor McTaggart declared a recess; the meeting reconvened at 8:48 P.M., with the Council having conducted the business of both the Redevelopment Agency and the Maintenance Authority Commission. Natural Community Conservation Planning Project -Draft Request for Proposals (RFP) for a Consulting Conservation Biologist (1203) Principal Planner Rojas presented the staff report for December 17, 1996 and the recommendation to (1) review the draft Request for Proposal (RFP) that had been prepared by staff in conjunction with the State and Federal Resource Agencies for the NCCP Project and, provide staff with direction regarding its scope and content; and 2) authorize staff to distribute the finalized RFP to qualified biological consultants. Speaking on this issue was Consultant William Tippets, Field Supervisor for the Fish and Game department, who gave Council a brief summary of his organization, their current projects, what the plan will consist of and what it will cover. Representing the South Bay Audobon Society was Jess Morton, 787 W. 4th St., San Pedro, who stated it is a necessity to have and use a biology report from the beginning to the end of the project. Representing the Palos Verdes Land Conservancy was Wendy Millet, 615 Esplanade, Redondo Beach, who stated the Conservancy would be working with the City to put together a request for proposal and that her organization may be able to help with obtaining funding. Council's concerns focused mainly on funding for this Plan, whether the major landowners in the area would be participating in the cost; what land areas would be utilized for this Plan; what would have to be done in the event vegetation needs to be transplanted; and, the time frame of this Plan. Council questions clarified that this project had indeed been authorized by Congress and that we could now get the aid of our congressional representative in seeking funding. Council expressed its desire that staff actively pursue funding for this Plan. Councilman Byrd moved to distribute the request for proposal. The motion was seconded by Mayor Pro Tem Ferraro. Motion carried. City Council Minutes December 17, 1996 Page 7 Appointment of Councilmembers to Committees and Organ izations(301 x 306) City Clerk Purcell presented the staff report for December 17,1996 and the recommendation to select Council delegates and alternates to the various committees and organizations. It was the consensus of the Council to continue this item until the January 7, 1997 meeting, however, that the Mayor and Mayor Pro Tem would be the delegate and alternate respectively to the County Sanitation Districts and the City Selection Committee. Lois Larue requested that councilmembers report on these organizations at which they represent the City. ORAL CITY COUNCIL REPORTS: In -Situ Technologies for Remediation of ocean Sediment Contamination of the Palos Verdes Shelf Workshop: Councilman Byrd reported on his attendance at the December 12 meeting of the Santa Monica Bay Restoration Project and briefly described the two remediation techniques discussed: "In -Situ Capping of Contamination" and, "In -Situ Biodegradation Treatment." West Basin Water District and South Bay Youth Project: Mayor Pro Tem Ferraro reported on her attendance at meetings for both of these organizations. Negotiations with the County of Los Angeles Relative to the Horan Funds: City Manager Bussey reported on discussions with representatives from Los Angeles County about restructuring the interest rate and other County Bonds issues under the 1987 Landslide Settlement Agreement. He said that the City's trying to get a final answer from the County before any decision is made relative to the sewers which is anticipated to be made sometime in February. It was reported that the initial County response was positive but that the work was required. Council suggested that any information we get relative to reduction in the interest rates and cost to the residents be distributed to the affected property owners. PUBLIC COMMENTS: Lois Larue, commented on a variety of subjects: school board meetings; the repair work done by the Public Works Department on P.V. Dr. South; and, how the Planning Department helped her find a list of geologists. She distributed a copy an editorial from City Council Minutes December 17, 1996 Page 8 the Palos Verdes Peninsula News. Kathy Snell, reported on a meeting that she attended which was held at Ladera Linda and attended by the Horan litigants, Friends of the Bend and the Stuart, et al. The subject of discussion was landslide issues. CLOSED SESSION REPORT: City Attorney Lynch reported that no action had been taken by the Council during the Closed Session. The applicant in the Gantz matter was requested to prepare plans in accordance with staff recommendation and to make those plans available for Council and public viewing. ADJOURNMENT: The meeting adjourned at 10:00 P.M. on motion of Mayor Pro Tem Ferraro. _ A /-01 _...� City Clerk City Council Minutes December 17, 1996 Page 9