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CC MINS 19950307M I N U T E S REGULAR MEETING RANCHO PALOS VERDES CITY COUNCIL MARCH 7, 1995 The meeting was called to order at 7:00 P.M. by Mayor Lee Byrd at the Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BROOKS, LYON, McTAGGART & MAYOR BYRD ABSENT: NONE Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, Planning, Building and Code Enforcement Director Bret Bernard, Planning Administrator Carolynn Petru, Associate Planner Donna Jerex, Assistant Planner Fabio de Freitas, Public Works Associate Engineer Dean Allison, Senior Administrative Analyst Veronica Dolleschel, Recreation and Park Director Ron Rosenfeld, and City Attorney Carol Lynch. Mayor Byrd announced the winners of the January and February recycling drawing who will receive a year of free trash pickup. The winners were the Tom Taylor family and the Frank Gill family. He thanked them for their support and another card was selected for March. APPROVAL OF AGENDA: The City Manager requested that Item 7 be removed from the agenda as recommended by the Claims Administrator, to be added again when the Claims Administrator feels it is appropriate. Mayor pro tern Lyon requested that items 2 and 5 be removed from the consent calendar, to be renumbered as 16A and 16B. Councilwoman Brooks moved, seconded by Councilman McTaggart, to approve the agenda as presented. The Motion carried without objection. APPROVAL OF CONSENT CALENDAR: Councilwoman Brooks moved, seconded by Mayor pro tem Lyon to accept the consent calendar as follows. Lois Larue, 3136 Barkentine, noted that the City Council agenda for this meeting had not posted on the door at City Hall. She also commented on the loan agreement between the Redevelopment Agency and the City. Paul Bussey responded that loans were made to the Redevelopment Agency from the City with no certainty that they would ever be paid back and that they were kept on the books in case excess tax increment fund became available for repayment of city loans. He also advised Ms. Larue that a new glass- covered bulletin board had been installed outside the Planning building for posting of notices and that agendas were now posted there. WAIVER OF 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 council members after the reading of the title. BUDGET ADJUSTMENT FOR STREET LIGHTING Moved to the end of the agenda. (16A) NOTICE OF COMPLETION - SILVER SPUR ROAD RECONSTRUCTION (EXCEL PAVING COMPANY) (1204 X 1404) (1) Authorized the expenditure of an additional $14,500.00 For items of work in excess of the original authorized amount. ( 2 ) Accepted the work as complete ( 3 ) Authorized the city clerk to file a notice of completion, and upon the posting of acceptable security, notify the surety company to exonerate the payment and performance bonds 35 days after the notice of completion has been recorded by the county recorder. (4) Authorized the Finance Director to release the retention if no claims are filed against the contractor within 35 days after the notice of completion has been recorded. NOTICE OF COMPLETION - SILVER SPUR ROAD MEDIAN LANDSCAPE IMPROVEMENTS (1204 X 1404 X 1503) (1) Accepted the work as complete. (2) Authorized the city clerk to file a notice of completion, and upon the posting of acceptable security, notify the surety company to exonerate the payment and performance bonds 35 days after the notice of completion has been recorded by the county recorder. (3) Authorized the Finance Director to release the retention if no claims are filed against the contractor in 35 days after the notice has been recorded. SILVER SPUR ROAD UNDERGROUNDING Moved to the end of the agenda. (16B) CITY AND REDEVELOPMENT AGENCY LOAN AGREEMENT AMENDMENT (602 X 1900 X 1204) Approved the revised loan agreement dated March 7, 1995 authorizing the loan of an additional $82,000 in general funds to the Redevelopment Agency for costs associated with three community development block grant projects and for storm related costs. CLAIM AGAINST THE CITY BY KENNETH A. ACKERT (301 X 303) Removed from the agenda on the advice of the Claims Administrator, RESOLUTION NO. 95 -24 REGISTER OF DEMANDS Adopted RESOLUTION NO, 95 -24. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: LYON, McTAGGART, BROOKS & MAYOR BYRD NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARING@ LANDSLIDE MORATORIUM EXCEPTION PERMIT NO. 9- REVISION - A (1203 X 1801) Assistant Planner de Freitas presented the Staff Report with the following options 1) Approve the applicant's revised project and their request to not install a holding tank system (or equivalent system) to replace the existing septic system or 2) Table the matter until the City Council has reviewed and approved the proposed amendments to Chapter 15.20. Staff recommended approval. The Public Hearing was Opened. Russ Barto, 3 Malaga Cove Plaza, Palos Verdes Estates ( the applicant' s architect) advised that no additional rooms were being proposed. Revisions to the original plan included reducing square footage and eliminating the request for two CITY COUNCIL MINUTES MARCH 7, 1995 PAGE 2 additional plumbing fixtures. He added that the applicant wished to avoid installing a holding tank because the small lot would allow for only a low capacity tank which would have to be cleaned weekly at a cost of $150 per week. Councilman McTaggart moved to Close the Public Hearing, seconded by Mayor pro tern Lyon. The motion passed with no opposition. Councilman McTaggart moved to accept the Staff recommendation, seconded by Councilwoman Brooks. With the permission of the second, the motion was amended to waive the requirement for a holding tank and to allow two wash basins in the bathroom because there would still be one drain with no additional water usage. The motion as amended carried. It was decided that providing Staff with direction regarding changes to Title 15 would be postponed until the Development Code revisions were reviewed by the City Council. FRIENDSHIP PARK (1101 X 1201) Parks & Recreation Administrator Ron Rosenfeld presented Staff Report and stated that Staff was seeking direction from Council. Kenneth Goldman, 2757 Vista Mesa Drive, Rancho Palos Verdes, distributed two maps, one showing the original plan and one with changes desired by the Friends of Friendship Park, a group of neighborhood residents. He explained that the County park consists of 100 acres in Rancho Palos Verdes and 23 acres in San Pedro. Mr. Goldman was concerned with destroying the natural aspects of the park and with potential lack of security, vandalism, noise and view blockage and he wished to eliminate the amphitheater. He requested that the City Council attend the March 14 meeting in Long Beach regarding Friendship Park. Richard Fling, 2805 Vista Mesa Drive, Rancho Palos Verdes, ( representing El Prado Estates Homeowners Association) , urged the City Council to consider the following consequences of the $4 million proposed changes at Friendship Park: (1) the effect on surrounding communities, and (2) whether the changes would be in compliance with Rancho Palos Verdes park standards or fit in with City park long range plans. He asked for the Council's help in revising the changes. Responding to Council's inquiry about notification to neighboring residents, Mr. Fling replied that they were not formally canvassed however, a group of about 100 people from the community attended a meeting last July and that a large number of them were from El Prado Estates. Also, their Association published a regular newsletter with regular updates regarding Friendship Park. Council discussion then included the fact that while the City had no jurisdiction over County projects, nonetheless they would ask the County to consider neighborhood concerns. Walter McHugh, 222 Rue LeCharlene, Rancho Palos Verdes, (Representing Friends of Friendship Park), was concerned about increased crime and noise. Margaret Hoggan, 2808 Calle Aventura, Rancho Palos Verdes, stated that she enjoyed the natural aspects of the park and objected to paving sections of the park. Ms. Hoggan hoped that parking would be minimized and that the proposed building be located near the other structures. Valerie Reeks, 1922 Marina Drive, San Pedro, wanted to keep the park as natural CITY COUNCIL MINUTES MARCH 7, 1995 PAGE 3 as possible. The consensus of the Council was that, upon advice from the City Attorney to comply with the Brown Act, that two Council members attend the March 14 meeting in Long Beach. Other items discussed were the City's parking and open space requirements, compliance with the City' s General Plan, the desirability of placing the proposed building closer to Western Avenue, biological effects and, whether an Environmental Impact Report had been prepared. Paul Bussey stated that information regarding an Environmental Impact Report could be obtained. Mr. Goldman advised that an EIR was being conducted and that he understood it would be completed in August 1996 but that construction would begin at the park in October 1995. PARR CONSULTANT SCREENING (306 X 1201) After discussion, it was decided that an ad hoc committee consisting of Mayor Byrd and Mayor Pro -Tem Lyon would assist in the screening process of 26 architectural firms. OLDER AMERICANS RECOGNITION DAY (305 X 1101) From the list of nominations, David Francis "Cisco" Ruth was chosen unanimously as the Rancho Palos Verdes honoree at the County of Los Angeles Older American Recognition Day. RESALE OF AFFORDABLE UNIT AT 50 VIA CAPRI (1203 X 701) The Staff Report was presented by Associate Planner Donna Jerex, and provided alternatives and the fiscal impact of the proposed action. The Council discussed the Villa Capri affordable housing program in the City, including the high standard for the affordability incomes, the plan used in Torrance for the first time home buyers and, loaning RDA funds to first -time home buyers. Lois Larue, expressed her opinion that Villa Capri was an unattractive development. Councilwoman Books moved to accept Staff's recommendation, seconded by Mayor Pro - Tem Lyon. Motion passed without objection. RESOLUTION NO. 95 -25 - AND STATUS REPORT ON JANUARY 1995 STORM DAMAGE REPAIR OR REMEDIATION APPLICATIONS AND RECOMMENDATION FOR EXTENSION OF THE DEADLINE FOR SUBMITTAL OF APPLICATION (401 X 1203) Director Bernard presented the Staff Report and recommended that the deadline for submittal of application to repair or remediate damage or dangerous conditions resulting from the storms of January 1995 be extended from March 10, 1995 to June 30, 1995; and that the waiver of fees be extended to include those planning applications deemed necessary by staff for repairs related to the January 1995 storms. Councilwoman Brooks moved to accept Staff's Recommendation, to receive and file the report and, adopt Resolution No. 95 -25, THEREBY EXTENDING THE DEADLINE FOR CITY COUNCIL MINUTES MARCH 7, 1995 PAGE 4 SUBMITTAL OF APPLICATION TO REPAIR OR REMEDIATE DAMAGE OR DANGEROUS CONDITIONS RESULTING FROM THE STORMS OF JANUARY 19951 FROM MARCH 101 1995 TO JUNE 30, 1995; AND, EXTENDING THE WAIVER FEES TO INCLUDE THOSE PLANNING APPLICATIONS DEEMED NECESSARY BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT. The motion was seconded by Councilman McTaggart and carried. RESOLUTION N09 95 -26 - BUDGET APPROPRIATION - FY 1995 -96 THROUGH 1998 -99 TRANSPORTATION IMPROVEMENT PROGRAMS, CALL FOR PROJECTS (602 X 1204 X 1505) Senior Administrative Analyst Dolleschel presented the Staff Report recommending that the Council (1) Authorize Staff to hire Meyer, Mohaddes Associates, Inc. for an amount not to exceed $6,000 to prepare the applications and submit the projects for Council approval at their March 21, 1995 meeting; and (2 ) Adopt the resolution amending the Fiscal Year 1994 -95 budget to provide funding for the above work. The Council discussed aspects of this subject including the involvement of other cities such as Torrance, and Lomita and working with the South Bay Corridor Steering Committee. Specific projects were considered such as bikeways, signs, striping, and street widening, where possible. Other potential projects were landscaping the Hawthorne Boulevard median and sidewalk improvements on Hawthorne Boulevard. Lois Larue, expressed her opinion that there were more important priorities than these proposed projects. City Manager Bussey said the funds could not be used for maintenance and that projects had to meet certain criteria. Councilwoman Brooks moved to authorize Staff to hire Meyer Mohaddes Associates, Inc. to submit an application for the Hawthorne B �ulevard median landscaping project and approve recommendation No. 2 as well. The motion was seconded by Mayor pro tem Lyon. Discussion of the motion then included whether the consultant could propose other projects to fit the criteria and it was suggested that the consultant attend the next meeting. With the permission of the second, Councilwoman Brooks then amended the motion to authorize Staff to hire Meyer, Mohaddes Associates, Inc. for a not to exceed sum of $3,000 and adopt Resolution No. 95 -26 AMENDING RESOLUTION NO. 94 -47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1994 -95, FOR A BUDGET ADJUSTMENT TO THE GENERAL FUND ($3,000); additionally, request that the consultant attend the March 21 Council meeting and provide input regarding any other projects within the criteria. The motion carried on the following roll call vote: AYES: LYON, McTAGGART, BROOKS & MAYOR BYRD NOES: NONE RECESS AND RECONVENE - From 8:42 P.M. to 8:55 P.M. AUDIENCE COMMENTS: Kenneth Moore, 6344 Villa Rosa Drive, read a statement regarding the proposed mini -mart at the Mobil station at Hawthorne Boulevard and Granvia Altamira, and CITY COUNCIL MINUTES MARCH 7, 1995 PAGE 5 was interrupted by City Attorney Carol Lynch who advised Mr. Moore that, because this item was coming before the City Council as an appeal, any statement he read meeting would not be considered part of the appeal public hearing. Continuing, he stated that there were many other residents opposed to this development and that they had formed a group called "November Action." He proposed that an ad hoc committee, composed of City officials and residents, be established for discussion and review of this project and that a moratorium be instituted regarding the Automotive Overlay District. Lois Larue, 3136 Barkentine Road, spoke in support of the moratorium. City Manager Bussey stated that a request could be made to place the subject on a future agenda but by state law it could not be discussed at this time. City Attorney Lynch reiterated that the item would be on a future City Council agenda as an appeal. At this time, the City Manager introduced Mr. Gordon Teuber, a member of Assemblyman Steve Kuykendall's staff. Mr. Teuber stated that he had been working with Assemblyman Kuykendall in his Long Beach office since January 1 and that he would be attending City Council meetings from time to time and that he would intercede in the business of Rancho Palos Verdes and would do what he could to help when it was appropriate. POLICY DIRECTION REGARDING COVENANTS TO PROTECT VIEWS IN CONJUNCTION WITH VIEW RESTORATION PERMITS (1203 X 1806) Planning Administrator Carolynn Petru presented the Staf f Report, requesting that the Council review draft Development Code language regarding Covenants to Protect Views in conjunction with View Restoration Permits for consistency with City Council policy. Council then discussed whether this topic had been brought before the Council previously, possibly at the January 21 joint meeting. Ms. Petru responded that this was a request for Council direction on a specific item which had not been discussed at the January 21 meeting due to length of discussion given to other related topics. After further discussion it was the consensus that consistency was important but that the item would be discussed when the Development Code revisions were discussed. Councilman McTaggart moved to receive and file this item, seconded by Councilwoman Brooks. The motion carried. RESOLUTION NO. 95 -27 - BUDGET ADJUSTMENT FOR STREET LIGHTING (601 X 1204 X 1405) City Manager Bussey explained that the Council had made a decision to take over the County Lighting District. At this time, an additional $7,000 was required to complete the work to transfer the County Street Light Maintenance District to the City. Councilman McTaggart moved to authorize an additional $7,000, the motion was seconded by Mayor Pro -Tem Lyon and carried on the following roll call vote: AYES: LYON, McTAGGART, BROOKS & MAYOR BYRD NOES: NONE CITY COUNCIL MINUTES MARCH 7, 1995 PAGE 6 Adopted RESOLUTION NO. 95 -27 AMENDING RESOLUTION NO. 94 -47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1994 -95, FOR A BUDGET ADJUSTMENT FROM THE GENERAL FUND UNRESERVED BALANCE TO PUBLIC WORKS ADMINISTRATION. RESOLUTION NO. 95 -28 - SILVER SPUR ROAD UNDERGROUNDING (901 X 1204) Associate Engineer Allison presented the Staff Report which recommended that the City Council (1) Authorize the expenditure of an additional $14,500.00 for items of work in excess of the original authorized amount; (2) Accept the work as complete; ( 3 ) Authorize the City Clerk to file a Notice of Completion, and upon the posting of acceptable security, notify the surety company to exonerate the payment and performance bonds 35 days after the Notice of Completion has been recorded by the County Recorder; and (4) Authorize the Finance Director to release the retention if no claims are filed against the contractor within 35 days after the Notice of Completion has been tecorded. City Manager Bussey advised that the expenditure could change depending on whether other cities participated. Scott Gobble reported that he had attended the Rolling Hills Estates City Council meeting and that they were not receptive to participating this district. A brief discussion then ensued about the participation of Rolling Hills Estates and Palos Verdes Estates and the concern was that without their financial support that the project might have to be abandoned. Councilman McTaggart moved to adopt staff's recommendation: (1) Authorize the expenditure of an additional $14,500.00 for items of work in excess of the original authorized amount; (2) Accept the work as complete; (3) Authorize the City Clerk to file a Notice of Completion, and upon the posting of acceptable security, notify the surety company to exonerate the payment and performance bonds 35 days after the Notice of Completion has been recorded by the County Recorder; (4) Authorize the Finance Director to release the retention if no claims are filed against the contractor within 35 days after the Notice of Completion has been recorded; and (5) Adopt RESOLUTION 95 -28 AMENDING RESOLUTION NO. 95 -04 IN CONNECTION WITH THE FORMATION OF THE SILVER SPUR UNDERGROUNDING DISTRICT TO ALLOW ADDITIONAL TIME FOR FUNDING. The motion was seconded by Councilwoman Brooks and carried on the following roll call vote: AYES: MCTAGGART, BROOKS & MAYOR BYRD NOES: LYON Councilwoman Brooks announced that former Councilman Robert Ryan, one of the City's incorporating councilmembers had died on February 23, 1995 in San Pedro, and that he was a good friend and would be missed by all. ADJOURNMENT: The meeting adjourned at 9:28 P . M . , on motion of Mayor Pro -Tem Lyon, to the March 14, 1995 Friendship Park meeting at the Long Beach Elks Club. MAYOR EST: TY CLERK 95.CCM CITY COUNCIL MINUTES MARCH 7, 1995 PAGE 7