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CC MINS 19950718M I N U T E S REGULAR MEETING RANCHO PALOS VERDES CITY COUNCIL JULY 181 1995 The meeting was called to order at 7:00 P.M. by Mayor Lee Byrd at the Hesse Park Community Center, 2'9301 Hawthorne Boulevard. Following the Pledge of Allegiance to the Flag, roll call vote was answered as follows: PRESENT: LYON, McTAGGART, BROOKS, AND MAYOR BYRD ABSENT: NONE Also present were City Manager Paul Bussey, Director of Planning & Building Bret Bernard, Public Works Director Trent Pulliam, City Attorney Carol Lynch, Finance Director Brent Mattingly, Associate Engineer Allison, and Associate Planner Jerex. APPROVAL OF AGENDA Councilwoman Brooks moved, seconded by Councilman McTaggart, to approve the agenda as submitted. Motion carried. APPROVAL OF CONSENT CALENDAR Consent Calendar Item Nos. 7 (vacation of a portion of Narbonne Avenue right -of -way), 10 (legislative activities, and 11 (competitive service & management employee rules) were removed from the Consent Calendar and were discussed at a later time (see pages 7-8). Councilwoman Brooks moved, seconded by Councilman McTaggart, to approve Consent Calendar Item Nos. 1 -61 8 -9, and 12 as follows: WAIVER OF FULL READING Adopted a motion to waive reading in full of all ordinances with consent to the waiver of reading deemed to be given by all councilmembers after the reading of the title. CLAIM AGAINST THE CITY BY HAROLD B. HERMANN By way of drawings, Mr. Hermann, 8 La Vista Verde, clarified and discussed his allegation that the City made an error -in determining the elevation datum during an inspection of his home and that this error resulted in danger to him and, therefore, informed the councilmembers of his $41,707 claim. Briefly addressing Mr. Hermann's allegation, City Manager Bussey noted that this claim as well as other claims are submitted to the City's insurance adjuster and that the insurance adjuster presents a settlement offer -- one which the City has no control over. City Attorney Lynch stated that a settlement offer does not imply guilt or liability on either side but that it is simply an offer to compromise. City Manager Bussey clarified that the approval of the Consent Calendar would reflect the City's rejection of the claim. GIFTS FOR PARRS (12 01) Accepted the gifts for parks donations as listed, and directed staff to prepare letters for the Mayor's signature, expressing the Council's thanks and appreciation. APPROVAL OF LEASE BETWEEN THE CITY AND THE MONTESSORI SCHOOL OF �HATTAN BEACH, INC. (1201) Approved and authorized the Mayor to execute the lease agreement between the City and the Montessori School of Manhattan Beach, Inc. FY 94 -95 SLURRY PROGRAM (CALIFORNIA PAVEMENT MAINTENANCE) NOTICE OF COMPLETION (1204 x 1404) 1) Accepted the work as completed; 2) authorized the City Clerk to file a notice of completion with the County Recorder; and if no claims are filed 35 days after recordation, and upon the contractor posting an acceptable security, notice the surety company of the exoneration of the payment and performance bonds; and 3) authorized the Finance Director to release the 10% retention payment 35 days after recordation of the notice of completion by the County Recorder contingent upon no claims being filed on the project, and the contractor posting acceptable security. FY 94 -95 STRIPING PROGRAM (IPS SERVICES) - NOTICE OF COMPLETION (12 04 x 14 04 ) 1) Accepted the work as completed; 2) authorized the City Clerk to file a notice of completion with the County Recorder; and if no claims are filed 35 days after recordation, and upon the contractor posting an acceptable security, notice the surety company of the exoneration of the payment and performance bonds; and 3) authorized the Finance Director to release the 10% retention payment 35 days after recordation of the notice of completion by the County Recorder contingent upon no claims being filed on the project, and the contractor posting acceptable security. CITY COUNCIL MINUTES JULY 18, 1995 PAGE 2 FISCAL YEAR 1994 -95 STREET TREE TRIMMING PROGRAM (TRAVERS TREE SERVICE) - NOTICE OF COMPLETION (1204 X 1407) 1) Accepted the work as completed; 2) authorized the City Clerk to file a notice of completion and notify the surety company to exonerate the labor and materials bonds if no claims are filed during the 35 -day legal notice period; and 3) authorized the Finance Director to release the retention 35 days after the notice of completion has been recorded by the County Recorder. STAIRWAY IMPROVEMENTS AT RANCHO PALOS VERDES PARK (EXCEL PAVING) NOTICE OF COMPLETION (12 01 X 12 04 ) 1) Accepted the work as completed; 2) authorized the City Clerk to file a notice of completion and notify the surety company to exonerate the labor and materials bonds if no claims are filed during the 35 -day legal notice period; and 3) authorized the Finance Director to release the retention 35 days after the notice of completion has been recorded by the County Recorder. RESOLUTION NO. 95 -74 - REGISTER OF DEMANDS (602) Adopted Resolution NO. 95 -740 The motion to approve the Consent Calendar carried on the following roll call vote: AYES: LYONS, McTAGGART, BROOKS, AND MAYOR BYRD. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. PUBLIC HEARING: DELINQUENT ACCOUNTS - SIDEWALKS REPAIR ASSESSMENTS AND LIENS (602 X 1204 X 1405) There being no response to the Mayor's call for public input, the public hearing was declared closed. For the benefit of the audience members, City Manager Bussey briefly reviewed the item and noted that any costs associated with curb replacement will be the responsibility of the City. Councilwoman Brooks moved, seconded by Mayor Pro Tem Lyon, to receive, confirm, and file the report of repairs and costs for delinquent accounts dated July 1, 1995; to conduct a public hearing to consider the delinquent accounts for sidewalk repair; to establish the amount of assessment on delinquent accounts, and to direct the City Clerk to file a notice of lien on the CITY COUNCIL MINUTES JULY 18, 1995 PAGE 3 properties with the County Recorder, if the delinquent accounts are not paid by July 25, 1995; to adopt Resolution No. 95 -75 ordering the establishment of special assessments and the placement of liens on real property and the placement of charges on the real property tax bill for collection of delinquent sidewalk repair assessments. Motion carried. REGULAR BUSINESS: APPEAL OF PLANNING COMMISSION'S ONE -YEAR EXTENSION . OF APPROVALS FOR CONDITIONAL USE PERMIT NO. 131, VARIANCE NO. 1821 AND GRADING PERMIT NO. 1066, A /R /A THE MARRIOTT SENIOR LIFECARE FACILITY (1203 X 1804) Mayor Byrd referenced supplemental material (of record) which included a letter, dated July 17, 1995, from counsel for Host /Marriott Corporation. Associate Planner Jerex presented the staff report and reviewed the proposed recommendations. In response to Mayor Byrd, City Attorney Lynch noted that the imposition of a condition to require the developer to provide adequate monies to ensure a mitigation monitoring program would be an appropriate condition for the City Council to impose. Mr. Rodney Judd, 1 Marriott Drive, Washington, D.C., representing Host /Marriott Corporation, requested that the City Council approve this request in order to provide the buyer the ability to determine the feasibility of this project and reviewed efforts undertaken to find a developer who could live within the confines of the development envelop established by the City. Council focused concerns not on the merits of the facility but on the proposed location; on the excessive amount of grading; and on the changes that have occurred in the Development Codes as well as the California Environmental Quality Act (CEQA) Act requirements since the original approval of this project in 1989. Another concern was that the approval of this one -year extension would be setting an undesirable precedent. Addressing the noted concern relative to the delay of this project, Mr. Richard Aschenbrenner, 800 Morningside Drive, Fullerton, apprised the councilmembers of the potential buyer's experience with developing continuing care retirement communities and of the buyer's financial ability and desire to develop this project. He noted that it would be the buyer's intent to complete the project in a timely fashion. CITY COUNCIL MINUTES JULY 18, 1995 PAGE 4 Ms. Lisa Weinberg, 2049 Century Park East, Suite 2800, Los Angeles, referenced her written communication, dated July 17, 1995 with regard to the haul route, coastal sage scrub, and gnatcatcher. Ms. Lois Larue, 3136 Barkentine Road, spoke in opposition to the one -year extension. Mr. Ray Mathys, 5738 Whitecliff Drive, President of Mesa Palos Verdes Homeowners' Association, commented on the Development and Building Code changes as well as possible changes in the physical characteristics of the property that. may have occurred since the original approval of this project in 1989. Because the denial of this extension would grant the City additional review of this project, Mr. Anthony Segretto, 5677 Mistridge Drive, spoke in opposition to the request. Councilwoman Brooks moved, seconded by Councilman McTaggart, to uphold the appeal, thereby denying, without prejudice, the one -year time extension request granted by the Planning Commission and to direct staff to return with a resolution for same. (Vote reflected below.) Discussion of this motion to deny, however, focused on the delays caused by the now settled lawsuit, the amount of time and effort that had been expended on this project, and it was argued that such a facility was needed in the City. The motion carried as follows: AYES: BROOKS, McTAGGART, AND MAYOR BYRD, NOES: LYON Because the request before the City Council had not been amended from what was originally approved, City Attorney Lynch opined that it would not be feasible for the Council to impose a condition to readdress the grading concerns of this project. REVISION PROCESS FOR DEVELOPMENT CODE REVISIONS (1203 x 1801) Director Bernard reviewed the staff report as well as the proposed recommendations; informed the councilmembers of the amount of time and effort put forth with regard to the "Large Domestic Animal" Overlay Control District Chapter; and advised that the Council will be receiving a copy of the draft document prior to the matter coming before the Council for final review. Considering the amount of public input received with regard to the "Large Domestic Animal" issue, Ms. Kay Bara, 1 Peppertree CITY COUNCIL MINUTES JULY 18, 1995 PAGE 5 Drive, noted that she would not view this matter to take a substantial amount of time during the upcoming City Council review process. She requested that all zones be properly noticed of the upcoming review process. Ms. Kathy Snell, 8 Vanderlip Drive, requested that the City Council review process of the Development Code revision should be considered at regularly scheduled City Council meetings, at the same time, and at the same venue. Because the Council is only comprised of four councilmembers versus five, she stated that Council should not be a part of the review process. At the conclusion of Council discussion it was the consensus to postpone City Council review until the Planning Commission has completed its full review of the draft Development Code; to conduct the review of the revisions sequentially; to conduct the review during regularly scheduled meetings, commencing at the regular (7:00 P.M.) hour; to conduct the review continuously and to have one of the two monthly City Council meetings partially dedicated to the Code review; and to take final action when the Council has completed its full review. RECESS AND RECONVENE: At 8:35 P.M., Mayor Byrd called a short recess. The meeting reconvened at 8 :47 P.M. At this time, Consent Calendar Item Nos. 7, 10, and 11 were discussed. VACATION OF A PORTION OF NARBONNE AVENUE RIGHT -OF -WAY (1204 x 1408) Associate Engineer Allison briefly reviewed the staff report and advised that it would be staff's intent to resolve any trails issues and that any future trails would be compatible with the existing trails plan. Mayor Byrd requested that, during the vacation process, the potential impact on any zoning lot splits be reviewed, he then moved, seconded by Councilman McTaggart, to approve Consent Calendar Item No. 7, thereby authorizing staff to begin the street vacation process for a portion of the Narbonne Avenue right -of -way in accordance with Resolution No, 90 -93. Motion carried. LEGISLATIVE ACTIVITIES (306 x 1101) Mayor Pro Tem Lyon questioned whether the City Council should CITY COUNCIL MINUTES JULY 18, 1995 PAGE 6 always take a position on these activities as a unit or whether each Councilmember should take an individual stand. She, therefore, suggested that legislative activities be discussed separately and be placed on the agenda only if initiated by a Councilmember versus being placed on the agenda by staff. Mayor Pro Tem Lyon, seconded by Mayor Byrd, moved that any future legislative activities only be placed on the City Council agenda if initiated by a Councilmember. The motion carried. With regard to legislative activities placed on agenda for adoption, a motion was made by Councilman McTaggart, opposing the following: SB 1066 (CAMPBELLL) which proposed to expand the definition of school facilities development fees. SB 647 (KELLY) which proposes to prohibit cities from imposing new fees or increasing existing fees by administrative authority. The motion, seconded by Councilwoman Brooks, unanimously carried. COMPETITIVE SERVICE & MANAGEMENT EMPLOYEE RULES - TECHNICAL AND CLARIFICATION CHANGES (1101 x 1202) City Manager Bussey reviewed this item as per staff report and noted that the recommended changes were proposed to ensure conformity with State /Federal laws, noting that no new benefits and /or employee rights will be granted by the approval of these changes. Ms. Lois Larue, 3136 Barkentine Road, noted that pregnancy should not be referred to as a disability and voiced her objection to wellness leave. In order to comply with the State /Federal laws, City Manager Bussey advised that pregnancy is referred to as a disability; advised that wellness leave was implemented many years ago; and clarified the intent of the wellness leave. Mayor Byrd moved, seconded by Councilman McTaggart,'to adopt Resolution No. 95 -72 amending Resolution No. 94 -56 to adopt revisions to the competitive service employee personnel rules; to adopt Resolution No. 95 -73 amending Resolution No. 95 -57 to adopt revisions to the management employee rules. The motion carried. AUDIENCE COMMENTS: Ms. Lois Larue, 3136 Barkentine Road, provided information as to CITY COUNCIL MINUTES JULY 18, 1995 PAGE 7 the rights of the bicycle riders on public streets. Ms. Kathy Snell, 8 Vanderlip Drive, informed the Council that the residents of Abalone Cove were reporting increased gang activity along Palos Verdes Drive South and have requested that an exit gate to the beach be installed. She also requested information with regard to the liens for Palos Verdes Drive South. In response to Ms. Snell, City Manager Bussey clarified that the entrance gate to the beach is locked at dusk; that the exit area does not have a gate because of the difficulty in requesting all individuals to leave the beach at dusk but that the exit area does have tire bars. In an effort to adequately prepare for the upcoming Private /Public Compensation Study, Council requested that copies of other cities' budget /general fund information be provided to the Councilmembers and that the Private /Public Compensation Study item be placed on the City Council's next agenda. REPORT ON CLOSED SESSION: City Attorney Lynch reported that the Council took no action in closed session with regard to the claim against the City by Harold B. Hermann but that the Council rejected the claim during Consent Calendar discussion. ADJOURNMENT: At 9:30 P.M., the meeting adjourned on motion of Councilwoman Lyon, MAY 6R\ ATTEST: OCITY CLERK a:71895CCM JUL 18 95 MINS CITY COUNCIL MINUTES JULY 18, 1995 PAGE 8