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CC MINS 19960220MINUTES REGULAR MEETING RANCHO PALOS VERDES CITY COUNCIL FEBRUARY 20, 1996 The meeting was called to order at 6:00 P.M. by Mayor Marilyn Lyon at the Fred Hesse Community Park, 29301 Hawthorne Boulevard. The City Attorney announced that a closed session was being held so that the City Council could consider the items listed on page 5 of the agenda which included giving directions to the City's negotiators, the City Manager and the City Attorney to negotiate with the representatives of Palos Verdes Land Holdings Company with respect to the possible purchase by the City of aproximately 75 acres in the northeast corner of the Palos Verdes Land Holdings' properties located in the Portuguese Bend area of the City, landward of Palos Verdes Drive South. The meeting was then recessed to the closed session. The meeting reconvened at 7:00 P.M. and was called to order by Mayor Lyon. The flag salute was led by members of Girl Scout Troop No. 135 comprised of girls in the 5th grade from Mira Catalina School. Following the Pledge of Allegiance, roll call was answered as follows: Present: McTaggart, Byrd, Ferraro, Hollingsworth & Mayor Lyon Absent: None Also present were City Manager Paul Bussey, Planning and Building and Code Enforcement Director Bret Bernard, Interim Public Works Director Joe Lopez, Senior Planner Joel Rojas, Associate Planner Donna Jerex, Associate Planner Terry Silverman, City Clerk Jo Purcell, Senior Administrative Analyst Rick Otto and City Attorney Carol Lynch. CEREMONIAL MATTER: Mayor Lyon presented Associate Planner Donna Jerex with a City plaque upon her departure from the City at the end of the month. Donna had been with the City since 1990, starting as an Assistant Planner and was then promoted- to Associate Planner in 1993. The Mayor and Council wished Donna good luck. APPROVAL OF AGENDA: Councilman Byrd moved, seconded by Councilman Hollingsworth to approve the agenda. Motion carried. APPROVAL OF CONSENT CALENDAR: Lois Larue commented on the following items on the Consent Calendar: the adequacy of the closed session announcement and the minutes of February 6, 1996. The City Clerk announced the removal two items from the calendar: CDBG projects and the Purchase of the Radar Speed Board Trailer at the request of Councilmembers Ferraro and Hollingsworth respectively. Councilman Byrd moved, seconded by Councilman McTaggart to approve the consent calendar as follows: Waiver of Full Reading Adopted a motion to waive reading in full of all ordinances and resolutions 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 January 16 and February 6, 1996. ANNUAL STREET TREE TRIMMING - FY 1995 -96 - LANDSCAPE WEST, INC. - (1204 X 1407) Awarded the FY 1995 -96 Fiscal Year Annual Street Tree Trimming contract to Landscape West, Inc. for $40,000 and authorized the Mayor and City Clerk to execute the contract documents. RESOL. NO. 96 -08 - DRAINAGE FACILITY AT PACIFIC UNITARIAN CHURCH (1204 X 604 ) (1) Authorized staff to obtain a title report for the property at 5621 Montemalaga for an amount not to exceed $1,000; (2) Authorized staff to select a sole source consultant to perform a damage assessment, make minor repairs, and prepare a drainage easement for the storm drain at 5621 Montemalaga for an amount not to exceed $2,250; (3) authorized staff to use the City's maintenance contractor, at the current contract rates, to provide the necessary labor and materials to perform an investigation of the storm drain and make minor repairs for an amount not to exceed $5,000; and (4) adopted Resol. No. 96 -08 A BUDGET ADJUSTMENT TO THE CITY'S CAPITAL IMPROVEMENT PROJECTS FUND IN THE AMOUNT OF $8,250 FOR THE INVESTIGATION, REPAIR, AND CONVEYANCE OF THE STORM DRAIN AT 5621 MONTEMALAGA TO THE CITY. CLAIM AGAINST CITY - LOTHAR & MARGOT MAERTENS - (301 X 303) Rejected the claim and directed the City Clerk to notify the claimants. City Council Minutes February 20, 1996 Page 2 CLAIM AGAINST CITY - ROBERT HILL (301 X 303) Rejected the claim and directed the City Clerk to notify the claimant. RESOL NO. 96 -09 - REGISTER OF DEMANDS Adopted Resol. No. 96 -09. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: McTAGGART, BYRD, FERRARO, HOLLINGSWORTH & MAYOR LYO N NOES: NONE ABSTAIN: HOLLINGSWORTH ON THE FEBRUARY 6 MINUTES. PUBLIC HEARINGS: CODE AMENDMENT NO. 34 - AMENDMENTS TO TITLES 16 & 17 - MUNICIPAL CODE (1203 X 1801) Senior Planner Joel Rojas presented the staff memorandum of February 20 and the following recommendations: (1)That Council proceed with the review of draft Chapters 17.02, 17.04, 17.06, and 17.08 of the amended Development Code as provided in the approved review schedule; and , (2) Continue consideration of the amended Development Code to March 11, 1996. Council then proceeded to review the sections as listed on Page 2 of the staff report and made amendments and recommendations as indicated to the following sections only: Chapter 17.02 Single Family Residential Districts Five bee hives allowed in all RS Districts except in RS.A.5 where 10 are allowed but subject to staff review. Chapter 17.02.040 View Preservation and restoration. Definition of Viewing Area: agreed with the Planning Commission definition of the "one best and most important view." Also, clarified that there should be a consistent definition for use by both the View Restoration Commission and Planning Commission. Chapter 17.02.040 A. 5. Removed the 50% open space credit for turf block driveways. City Council Minutes February 20, 1996 Page 3 Chapter 17.02.040 A. 6. Neiahborhood Character. Staff to add comment to identify more specifically what this means. Also clarify "scale" to mean total square footage of the whole house or the footprint. With regard to fees, clarify that there is a graduated fee system for multiple permits against one offending tree. City Attorney to investigate if we can have an absolute number of dwelling units that cannot be exceeded by a proposed second unit. Chapter 17.02.040. B. Regulations. City Attorney to prepare for Council review a method for measurement of foliage for upslope lots. Chapter 17.04. MultiDle- Family Residential (RM) districts. Staff instructed to insert a phrase stating that the granting of one second story does not grant the right for everybody to have a second story addition; that these are decisions were made on a case -by -case basis. Recess and Reconvene: At 8:28 P.M. the Council recessed to conduct the business of the Redevelopment Agency. The meeting reconvened at 9:30 P.M. and Council resumed discussion of the development code amendments. Chapter 17.08 Home Occupations J. Limit to one outside employee. Also, staff to develop wording specifying the definition of an outside employee and clarify the regulations for delivery of bulk materials. TRACT NO, 24423 - AMENDMENT NO. 1 - 5901 CLINT PLACE (MASHOUF) (1411 X 1203) Mayor Lyon announced that this was a continued public hearing from January 15, 1996. Associate Planner Donna Jerex presented the staff report of February 20 and the following recommendations: (1) Grant the applicant's request to continue this item to a date certain to allow for additional discussion, including the applicant's participation in the costs for future retaining walls. (2) Require the applicant to establish a Public Works trust deposit to reimburse the City for future department costs associated with this application. The applicant, Mr. Al Mashouf, 5901 Clint Place, thanked the Council and staff for their work on this matter and requested that the matter be continued to April 2. Council requested that Mr. Mashouf consider a driveway that was no narrower than the proposed code; also, staff was requested to assure that the residents along Mossbank Drive be notified of potential change to the roadway easement and, that the property City Council Minutes February 20, 1996 Page 4 owner of the canyon also be notified. It was the consensus to continue this matter to April 2. RESOL. NO. 96 -10 - FEE FOR LANDSLIDE MORATORIUM EXCEPTION PERMITS & ESTABLISHMENT OF TRUST DEPOSIT BILLING SYSTEM FOR FINAL TRACT MAPS (1203 X 1801) Mayor Lyon opened the public hearing on adoption of fee for Landslide Moratorium Exception Permits. The City Clerk announced that notice of the public hearing had been duly published and that no written protests had been received by the City. Director Bernard presented the staff report of February 20 and the recommendation to adopt a resolution amending Resol. No. 92-68 (The City's fee Resolution) to: (1) Establish a Fee for Landslide Moratorium Exception Permits; and, (2) Establish a Trust Deposit Billing System for Final Tract Maps. There being no response to the Mayor's call for public testimony, Councilman McTaggart moved, seconded by Councilman Hollingsworth to close the public hearing. Motion carried. Resolution No. 96 -10 AMENDING RESOL. NO. 92-68 (THE CITY'S FEE RESOLUTION) TO: (1) ESTABLISH A FEE FOR LANDSLIDE MORATORIUM EXCEPTION PERMITS; AND, (2) ESTABLISH A TRUST DEPOSIT BILLING SYSTEM FOR FINAL TRACT MAPS was introduced by title and adopted on motion of Councilman McTaggart, seconded by Councilman Hollingsworth and carried. FRIENDS OF FRIENDSHIP PARK (1101 X 1201) Senior Analyst Rick Otto presented the staff report of February 20 and the following recommendations: (1) Determine whether to contribute to the Friends of Friendship Park in support of their efforts in challenging the County's approval of the development of Friendship Park; and, (2) If the Council wished to contribute, adopt a Resolution authorizing a budget amendment to the FY 1995 -96 budget for a specified amount of funds. Councilman McTaggart moved, seconded by Councilman Hollingsworth, to approve the staff recommendation and ADOPT RESOL. NO. 96 -11 AMENDING RESOL. NO. 95 -501 THE BUDGET APPROPRIATION FOR FISCAL YEAR 1995 -96, FOR A BUDGET ADJUSTMENT TO PROVIDE FOR A FINANCIAL CONTRIBUTION TO THE FRIENDS OF FRIENDSHIP PARK. The motion carried on the following roll call vote: City Council Minutes February 20, 1996 Page 5 Ayes: McTaggart, Byrd, Ferraro, Hollingsworth & Mayor Lyon Noes: None DRAFT AMENDMENTS TO THE ENCROACHMENT PERMIT POLICY (1203 X 1804) Associate Planner Terry Silverman presented the staff report of February 20 and the recommendation to adopt a policy statement regarding Encroachment Permits to include guidelines for construction of observation booths and similar structures within the City public right -of -way. Council inquired whether there was a method to insure that the insurance coverage on these encroachment permits was kept in force and if there was a requirement for a minimum amount of coverage. Additionally, it was requested that the language defining the ingress and egress lanes specifically indicate whether it would be one of two lanes wide for both the entry and exit travel lanes. It was the consensus that this policy be amended to reflect the aforementioned concerns. RESOL. NO. 96 -12 - PLANNING AGREEMENT - NATURAL COMMUNITIES CONSERVATION PROGRAM (NCCP) (1203) Associate Planner Terry Silverman presented the staff report of February 20 and the recommendation to adopt a resolution authorizing the Mayor to execute a Planning Agreement for the preparation of a Natural Communities Conservation Program (NCCP) plan for the City of Rancho Palos Verdes, in conjunction with the California Department of Fish and Game and the United States Fish and Wildlife Service. Continuing with her report, Ms. Silverman said that this program benefits both the City and developers by establishing a program for preserving habitat areas while balancing the needs for development and growth in the community. This would be accomplished by prioritizing the quality of the existing habitat, establishing important corridors to maintain and /or enhance habitat areas which could be "taken" without jeopardizing the success of the program. These planning efforts, she said, would result in the combination of resources not only between private and public lands, but also across jurisdictional boundaries. She said that the City is taking the lead in embarking on this project not only by coordinating the preparation of the plan for the Palos Verdes Peninsula but also by being the first to enter into the agreement with the resource agencies; this, it was felt might encourage other local agencies to follow suit and also participate. Because the majority of the species and habitat areas are found in this City City Council Minutes February 20, 1996 Page 6 she said that our participation is supported by the resource agencies; however, if other local agencies joined, this would lead to a more cohesive program. Council discussion focused on the following concerns: what funds would be used to pay for this participation; if there would be some matching funds from State agencies; if the City of Rolling Hills Estates would be participating; and, if there was data to support how much acreage it takes to support one pair of gnatcatcher. Additional discussion clarified how this program would benefit both the City and future developers and also that this plan has to show restoration of what would be disturbed during development of a site. It was noted that both the State Department of Fish & Game and the United States Fish & Wildlife Service are encouraging participation in this plan. Continuing, Council expressed additional concerns: how the City could be reimbursed by developers for associated costs especially if it could be proven that there was a direct connection between a project and habitat restoration /mitigation; the effect of surrounding cities not participating; the number of species that would in reality be saved; and, the practicality of how this whole plan will work on a state -wide basis. Richard Bara, 1 Peppertree Lane, spoke in favor of this plan and explained how it would accommodate the restoration of endangered flora and flora. He offered his suggestion of replacing everything destroyed by development to be replaced tenfold. Lois Larue reported that Councilwoman McGuire in the City of Rolling Hills Estates was in favor of this program. Councilman Byrd moved, seconded by Councilman McTaggart to approve the staff recommendation but require that staff report on a quarterly basis what the rest of the state is doing about this program; and, adopt RESOL. NO. 96 -12 DIRECTING THE MAYOR TO EXECUTE A PLANNING AGREEMENT FOR THE PREPARATION OF A NATURAL COMMUNITIES CONSERVATION PROGRAM (NCCP) PLAN FOR THE CITY OF RANCHO PALOS VERDES IN CONJUNCTION WITH THE CALIFORNIA DEPARTMENT OF FISH AND GAME AND THE UNITED STATES FISH AND WILDLIFE SERVICE. Additional discussion continued wherein concern was again expressed for the cost as well as the fact that this seemed to be an open -ended expensive program whose benefits were questionable. The suggestion was made that perhaps we could participate at a lower level and that a part -time student could be hired to help staff with this project. The motion carried on the following roll call vote: City Council Minutes February 20, 1996 Page 7 Ayes: MCTaggart, Byrd & Ferraro Noes: Hollingsworth & Mayor Lyon Recess and Reconvene: At 11:02 P. M. Mayor Lyon declared a recess; the meeting reconvened at 11:15 P. M. BUDGET WORKSHOP MEETINGS (346 X 1101) Senior Analyst Rick Otto presented the staff report of February 20 and the following recommendations: (1) select a date in mid -March for the Council budget policy issues workshop. (2) Select two dates in late April /early May for the City Council budget review workshops. It was the consensus to hold a Policy Issue Workshop on Thursday, March 14, 1996 and the Redevelopment Agency Workshop on Saturday, March 16. Because of the lateness of the hour, it was the consensus to postpone discussion of the remainder of the agenda to the next Council meeting on March 11, 1996. Report on Closed Session: City Attorney Lynch reported that no action was taken by the City Council regarding the two items listed on the agenda, which were: (1) to confer with and give directions to the City's negotiators, the City Manager and the City Attorney, regarding negotiations with the representatives of Palos Verdes Land Holdings Company with respect to the possible purchase by the City of approximately 75 acres in the northeast corner of the Palos Verdes Land Holdings' properties located in the Portuguese Bend area of the City, landward of Palos Verdes Drive South; and (2) to conver with and give direction to the City's designated representative, the City Manager, in connection with negotiations between the City and its unrepresented employees (all classifications) concerning salaries and benefits. ADJOURNMENT: AT 11:30 P.M. Council adjourned on motion of Councilman MCTaggart. ATTEST: F !� f i- s ITY CLERK NAGR0 P\CITYCLRKWIINUTES122096.CM City Council Minutes February 20, 1996 Page 8