City Council Minutes 02/15/2000 RPV, City, Council, Minutes, 2000, Meeting RPV City Council Minutes for the 02/15/2000 Meeting FEB. 15, 2000

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

February 15, 2000

The meeting was called to order at 7:00 P.M. by Mayor Byrd at Fred Hesse Community Park, 29301 Hawthorne Boulevard. After the Pledge of Allegiance, roll call was answered as follows:

PRESENT: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd

ABSENT: None

Also present were City Manager Les Evans, City Attorney Carol Lynch; Director of Planning, Building & Code Enforcement Joel Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; City Clerk/Administrative Services Director Jo Purcell; Accounting Manager Matt Burton; Senior Planner Kit Fox, Associate Planner Mihranian; Associate Planner Lisa Louie; and, Recording Secretary Jackie Drasco.

Mayor Byrd announced that the full agenda with staff reports is available on the City’s web site and hard copies are at City Hall and the main Peninsula Library and the Miraleste Library.

APPROVAL OF AGENDA:

A request was received to hear the New NPDES Regulations item after the public hearing item. Councilman McTaggart moved, seconded by Councilwoman Ferraro, to approve the agenda as amended.

RECYCLING DRAWING: (1204 x 1301)

The winner from the last drawing was Richard P. Motz, Sr., who will receive a check for $250, which represents a year of free refuse service. Another card was selected.

APPROVAL OF CONSENT CALENDAR:

Lois Larue, Rancho Palos Verdes, spoke to the following subjects: the shorter period of time for public comments on Consent Calendar items; Council expenses during the recent California Contract Cities Legislative Conference in Sacramento; and, the Minutes of February 1, 2000.

Councilwoman Ferraro moved, seconded by Councilman McTaggart, to approve the Consent Calendar as follows:

Motion to waive full reading.

Adopted a motion to waive reading in full of all ordinances 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 January 10 and February 1, 2000, as amended.

Award of Contract for Services to Prepare an Amendment to the City’s General Plan Housing Element (1203 x 701)

Authorized the Mayor and the City Clerk to execute a professional services agreement in an amount not to exceed $16,400 with Castaneda & Associates to prepare an amendment to the City’s General Plan Housing Element.

SCAG Request for support of AB 1744 (Longville) (1203 x 306)

Authorized staff to prepare a letter for the Mayor’s signature in support of AB 1744 (Longville), a six-month extension of the due date for completion of the State’s local housing element revisions.

Parkland Dedication Fees for Final Parcel Map No. 25492 (1203 x 1411)

Approved and accepted the parkland dedication fees for Final Parcel Map No. 25492, located at 3456 Via Campesina (John Bowler).

Initiation of Code Amendment No. 48 – Staff Proposed Amendment to Section 17.86.050.A (enforcement) of Title 17 (1203 x 1801 x 1806)

Directed staff to initiate a Code Amendment revising Section 17.86.050.A (enforcement) of Title 17 of the Municipal Code to prohibit code violators from filing for a View Restoration or a View Preservation application, without first correcting the violation.

Approve Change to Scope of Work and Authorization for Solid Waste Consulting Services (Huls Environmental Management, LLC) (1204 x 1402)

Approved Addendum No. 1 to a professional service agreement with Huls Environmental Management, LLC, which expands the scope of work and approves an additional $3,500 in expenditures.

Approve Change to Scope of Work and Authorization for Residential Solid Waste Consulting Services (Hilton, Farnkopf and Hobson, LLC) (1204 x 1402)

Approved Addendum No. 3 to a professional service agreement with Hilton, Farnkopf and Hobson, LLC, which expands the scope of work and approves expenditures in excess of the amount previously authorized by the City Council.

Amendment to Existing Professional Service Agreement for Home Improvement Program with MDG Associates (1204)

Amended the MDG Associates professional services agreement for administration services of the Home Improvement Program by $10,000 for a total authorization under this agreement of $35,000.

Professional Services Agreement for roadway repairs on 25th Street from La Rotonda to the eastern City Limit (1204 x 1404)

Awarded a professional Services Agreement with Vandermost Consulting Services, Inc. in the amount of $21,400 for Professional Environmental Services and authorized the Mayor and the City Clerk to execute said Agreement.

Notice of Completion for Traffic Calming on Basswood Avenue (Hardy and Harper, Inc.) (1204 x 1502)

(1) Accepted the work as complete. (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 warranty bond, notify the surety company to exonerate the Payment and Performance bonds. (3) Authorized the Director of Public Works to release the 10% retention payment to Hardy and Harper, Inc. 35 days after recordation of the Notice of Completion contingent upon no claims being filed and the contractor posting an acceptable warranty bond.

Resol. No. 2000-05 - Amendment to Parking Violations Penalty Resol No. 99-32

(301 x 1206)

ADOPTED RESOL. NO. 2000-05 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 99-32 WHICH ESTABLISHED THE PENALTIES FOR PARKING VIOLATIONS WITHIN THE CITY OF RANCHO PALOS VERDES.

 

 

Resol. No. 06 - Register of Demands (602)

ADOPTED RESOL. NO. 2000-06, 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: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd

NOES: None

# # # # # # # # # # #

PUBLIC HEARING:

 

Resolution of Necessity - Resol. No. 2000-07 (1204 x 2200)

Mayor Byrd opened the discussion of this request to approve Code Amendment No. 44. City Clerk Purcell announced that this was a continued public hearing from the February 1st meeting.

Director Allison presented the staff report of February 15, 2000 and the recommendation to adopt the proposed resolution authorizing the acquisition by eminent domain of easements through, over, or under properties which are owned by the individuals identified on Exhibit 2 in the staff report. The resolution further authorized and directed that eminent domain proceedings be filed to acquire the parcels to construct and maintain the sewer and storm drain system in the Abalone Cove area.

Council discussion centered on the Public Works Department’s education and assistance to residents regarding the easements.

Director Allison stated that he and City Attorney Lynch had met with three out of the four residents on upper Narcissa Drive who wanted gravity systems when a grinder pump had been recommended, and that he felt they had all the information they needed to proceed, including the fact that the property owner would have to pay for connection to the sewer once the March 10 deadline had passed.

City Attorney Lynch added that two out of three residents with whom they had met had signed easements and the third was debating. She also said she felt the Petak family, who had an issue with a pump relocation, should be included in the properties with unsigned easements and if an agreement could be reached soon, they could be removed from the list.

Michael Chiles, 11 Figtree Road, said that he had received no notice and no offer on his property. He read from a prepared statement regarding his own personal experience living in the area. (A copy of Mr. Chiles’ statement is on file with the City Clerk’s Office.)

City Attorney Lynch stated that the City did send to Mr. Chiles, by certified mail, a notice of the meeting on February 1, 2000 but he has declined to pick it up at the post office. One reason that the public hearing was continued to February 15 was so he could be sent another notice for this meeting by regular mail. Continuing, she said that the only item of discussion for Mr. Chiles property at this meeting is the in-street easement; that there will be another hearing later regarding the storm drain, which was the topic of most of his comments to the City Council.

Vicki Pinkham, 1 Narcissa Drive, explained that she had lived in the area only one and one-half years and that she was not prepared to ask questions regarding the complex issues of this project but wished to give her time to Mr. Chiles. She said that she was very concerned but had not spoken to City staff about the project.

City Attorney Lynch stated that the Resolution of Necessity does not pertain to Ms. Pinkham’s property.

Lois Larue, Rancho Palos Verdes, spoke to several topics: why the project was not being handled by the Redevelopment Agency; why the resolution from the February 1 meeting was late; a spelling error in the report; the incorrect designation of Abalone Cove; and, how qualified residents could provide landslide management advice to the City.

Mike Chiles, using Ms. Pinkham’s time, read from a prepared statement regarding a history of the Abalone Cove landslide. (A copy of Mr. Chiles’ statement is on file with the City Clerk’s Office.)

City Attorney Lynch said that a copy of Mr. Chiles’ statement could be provided to the City Council.

There being no further testimony, Mayor Byrd closed the public hearing.

Councilwoman Ferraro moved, seconded by Councilman McTaggart, to ADOPT RESOL. NO. 2000-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF EASEMENTS THROUGH, OVER, OR UNDER PROPERTIES WHICH ARE OWNED BY THE INDIVIDUALS IDENTIFIED ON EXHIBIT 2 IN THE STAFF REPORT.

The motion carried on the following roll call vote:

AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd

NOES: None

New NPDES Regulations (1204 x 1402)

Director Allison presented the staff report of February 15, 2000 and the recommendation to consider the request of the cities of Signal Hill, Downey, Paramount, and Santa Fe Springs to join them in an appeal of the January 26, 2000 action of the Regional Water Quality Control Board – Los Angeles Region.

Recess and Reconvene: At 7:45 P.M., Mayor Byrd declared a recess. The meeting reconvened at 7:52 P.M.

Mayor pro tem Lyon explained that she sat on the Regional Water Quality Control Board for the Los Angeles Region and was present at the meeting when the action was taken but she was not allowed to vote because she was considered to have a conflict of interest. She said that she hoped that Rancho Palos Verdes would join with the other cities in their appeal.

Council discussion centered on the difficulty of complying with the Board’s decision because each city has different needs and circumstances. An example of this is the Board’s requirement that water percolate through the soil, which is not advisable in Rancho Palos Verdes’ landslide areas.

City Attorney Lynch explained the procedure to be followed in joining the other cities in their appeal, including the requirement to file on a timely basis.

Further Council discussion emphasized that the appeal had two aspects: it was not known exactly what the specific regulations are going to be and it was not certain whether the Board was considered to have taken action or not.

City Attorney Lynch clarified that the Council was being asked to make a decision without many facts but that if the regulations did not impact Rancho Palos Verdes as much as was believed, the appeal could be rescinded.

Lois Larue, urged the Council to follow the Board’s regulations to ensure clean water and protect the coastline.

Other comments from the Council included the fact that economics appeared not to be taken into consideration when the Board made their decision and that economic impact had to be considered by state law.

Councilman Stern moved, seconded by Mayor pro tem Lyon, to support the appeal; directed staff to send a letter as indicated in material in the agenda packet, or a similar document, to start the clock running on the City’s proposal. Motion carried.

REGULAR BUSINESS:

Mid-Year Financial Report & Resol. No. 2000-08 Budget Appropriation (602)

Director McLean presented the staff report of February 15, 2000 and the recommendation to (1) Receive and file the mid-year financial report; and, (2) Adopt the proposed resolution amending Resolution No. 99-41, the budget appropriation for FY 1999-2000, to increase or decrease certain revenue and expenditure appropriations in the General Fund, Street Maintenance (Gas Tax) Fund, Transit (Proposition A) Fund and Capital Improvement Projects (CIP) Fund.

Council discussion focused on Proposition A funds, future sales tax revenues and how they might be affected by Internet purchasing, and the wisdom in having reserves when there are unexpected problems such as the contaminated soil at the Pt. Vicente Interpretative Center.

Councilwoman Ferraro moved, seconded by Mayor pro tem Lyon, to (1) Receive and file the mid-year financial report; and, (2) ADOPT RESOL. NO. 2000-08, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 99-41, THE BUDGET APPROPRIATION FOR FY 1999-2000, TO INCREASE OR DECREASE CERTAIN REVENUE AND EXPENDITURE APPROPRIATIONS IN THE GENERAL FUND, STREET MAINTENANCE (GAS TAX) FUND, TRANSIT (PROPOSITION A) FUND AND CAPITAL IMPROVEMENT PROJECTS (CIP) FUND.

The motion carried on the following roll call vote:

AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd

NOES: None

Landslide Moratorium Ordinance to Require Certain Structures to be Connected to Operational Sewers (1101 x 2000)

 

City Attorney Lynch presented the staff report of February 15, 2000 and the recommendation to review the proposed ordinance and give staff direction about its acceptability and then continue the item to a future meeting so that the other minor amendments to the Moratorium could be reviewed by the City Council concurrently with this amendment. This would avoid successive amendments to the Moratorium that might cause some confusion on the part of the public.

Council discussion included the fact that this ordinance will apply only when sewers are available, as there will still be areas in the City which will not have sewers.

Councilwoman Ferraro moved, seconded by Councilman Stern, to continue to a future meeting.

PUBLIC COMMENTS:

Ed Vincent, 3136 Barkentine Road, inquired about certain aspects of the Ocean Trails project: if the manmade lakes on the golf course were a factor in causing the slide; whether the 25th Street movement was related; if there was evidence that the clay cap was in place prior to the slide; if the computer hacking was a cover-up; and, the name of the Ocean Trails golf course contractor.

Council and staff indicated that investigations into the slide were still in progress; that the 25th Street slide was believed to be unrelated; that the clay was visible in the area of the slide; and, that the name of the contractor could be provided if Mr. Vincent would contact City Hall.

Request by the Palos Verdes Peninsula Association of Realtors to initiate Code Amendment No. 47 (Continued from the January 18th meeting) (1203 x 1801)

Associate Planner Mihranian presented the staff report of February 15, 2000 and the recommendation to (1) Provide staff with direction pertaining to the initiation of Code Amendment No. 47, revision to Section 17.76.050D.3 (signs) of Title 17 of the Municipal Code. (2) Consider the Association’s request to waive all filing fees associated with the Code Amendment.

Council discussion focused on the effect of this change on other types of signs and whether the change would be of sufficient public benefit to warrant a fee waiver.

Robert Wardell, 605 Chiswick Road, Palos Verdes Estates, CA 90274, treasurer of the Palos Verdes Peninsula Association of Realtors and Chair of the Sign Ordinance Committee, said that Palos Verdes Estates and the Homes Association, who had originated the brown and gold sign requirement, had abandoned the restriction; that no other Peninsula or South Bay city has color restrictions; and, that the association educates realtors regarding sign restrictions. He stated that removing the color restriction was more important than the fee waiver request but he did feel there were benefits to buyers and sellers of homes.

Further Council discussion centered on avoiding proliferation of signs while making sure adequate directional signs were posted.

Eric Randall, 6528 Madeline Cove Drive, a member of the Palos Verdes Peninsula Association of Realtors, said that removing the color restrictions would benefit a seller by being able to indicate on the directional sign the specific broker selected and that realtors would benefit as well because of standardization of their signs.

Lois Larue, Rancho Palos Verdes, objected to granting a fee waiver.

Councilwoman Ferraro moved, seconded by Mayor pro tem Lyon to initiate the change in the ordinance and not waive the fee.

The motion carried on the following roll call vote:

AYES: Ferraro, Lyon, and Mayor Byrd

NOES: Stern, McTaggart

RECESS & RECONVENE:

Recess and Reconvene: At 8:55 P.M., Mayor Byrd declared a recess. The meeting reconvened at 9:04 P.M.

Mayor Byrd announced the Upcoming Whale of a Day event on March 4 beginning at 10:00 A.M. at the Pt. Vicente Lighthouse, with a shuttle available from parking at Long Point.

Request for waiver of penalty and environmental assessment fees related to Conditional Use Permit No. 207 and Environmental Assessment No. 720. (Requestor: Mark Abrams) (1203 x 1804)

Senior Planner Fox presented the staff report of February 15, 2000 and the recommendation to deny the requested fee waiver.

Mark Abrams, 44 Oceanaire Drive, said that regarding the penalty fee, he felt he should not be charged double because he was not using his antenna for commercial purposes and had not for some time. He felt he was being treated differently than others with respect to the after-the-fact approval of non-permitted structures. Regarding the environmental assessment fee, he said that he did not feel a fee should be charged since he was not building anything new but only asking to change the frequencies to use the antenna for commercial purposes. He said there were no environmental impacts and Federal law protected his right to take this action as long as he met Federal guidelines.

Council discussion focused on the fact that if Mr. Abrams’ application was not exempt from CEQA, the cost for a Negative Declaration would be deducted from his environmental assessment application fee and the remainder returned to him.

Harold Herman, 8 La Vista Verde, Rancho Palos Verdes, said that he was a radio amateur and a friend of Mr. Abrams and that he believed the penalty fee should not be charged since the violation had ceased to exist.

Henry Shmidling, 832 19th Street, San Pedro, CA 90731, said that he was a friend of Mr. Abrams, that he could attest to the fact that Mr. Abrams’ commercial transmitters were removed months ago, and that he felt Mr. Abrams should be treated the same as others.

Dale Hanks, 5225 Middlecrest Road, also attested to Mr. Abrams’ claim that he had ceased commercial operations, removed his commercial equipment, and that he should not be penalized.

Lois Larue, Rancho Palos Verdes, reported that Mr. Abrams’ home was attractive and that the City should take advantage of his natural leadership, not penalize him.

Council discussion focused on the fact that speakers commenting on Mr. Abrams’ cessation of commercial activity confirmed that he had been involved in an illegal activity; that there was no provision in the ordinance to cover this specific situation; and, that the current location of Mr. Abrams commercial equipment was unknown.

City Attorney Lynch clarified that the Council could make a decision regarding the imposition of double fees but that the City’s policy had been not to charge double in similar instances when a non-permitted structure was removed.

Mark Abrams said that his commercial equipment was being operated legally on FAA property in the City of Rancho Palos Verdes. He added that he had reason to believe he had always operated legally because of conversations he had had with Peter von Hagen, Mel Hughes, and Ken Dyda, who indicated that the old ordinance had a loophole which would enable him to use his equipment for commercial purposes.

City Attorney Lynch confirmed that at least two of the three men Mr. Abrams mentioned did submit written statements on Mr. Abrams’ behalf when this matter was being litigated in the courts to stop the non-permitted commercial use of the antennas.

Further Council discussion centered on whether the ordinance covered this situation and if after-the-fact penalties would apply.

Councilman Stern moved, seconded by Mayor pro tem Lyon to waive the $2400 penalty fee and to require Mr. Abrams to pay the environmental assessment fee.

The motion carried on the following roll call vote:

AYES: Lyon, Stern, and Mayor Byrd

NOES: Ferraro, McTaggart

 

Landslide Moratorium Exception Permit No. 30 (1203 x 1801)

Associate Planner Louie presented the staff report of February 15, 2000 and the recommendation to grant Landslide Moratorium Exception Permit No. 30, thereby allowing the landowner to proceed with the appropriate applications for a foundation repair and room addition to the property at 114 Spindrift Drive. (Applicants:Mark and Ellen Beal).

Architect for the project Keith Palmer, Bryant Palmer Soto, Inc., 2601 Airport Drive, Suite 310, Torrance, CA 90505, stated that installation of a holding tank was moot because the sewer system would most likely be installed before the improvements were completed and that the new fixtures could not be connected to the septic tank because they would be at a level lower than the tank. He said that the family would be vacating the house during construction and asked for confirmation that the current fixtures could be used until construction began.

Council discussion focused on allowing connection of the new plumbing fixtures to the sewer system only and making the conditions of this permit consistent with the ordinance.

Councilman McTaggart moved, seconded by Councilwoman Ferraro, to grant Landslide Moratorium Exception Permit No. 30 and to add a condition that no new plumbing fixtures be connected until the home is connected to the sewer currently under construction and to change the time frame in Condition No. 1 to 180 days instead of one year, to mirror the ordinance.

Award of a Professional Services Agreement to Analyze Various Drainage Alternatives (1204 x 604)

Director Allison presented the staff report of February 15, 2000 and the recommendation to award a Professional Services Agreement with Robert Bein, William Frost & Associates in the amount of $20,500 for engineering services associated with the analysis of various drainage alternatives near Marguerite Drive and Palos Verdes Drive West and authorize the Mayor and the City Clerk to execute the Agreement.

Mayor pro tem Lyon moved, seconded by Councilwoman Ferraro, to waive reading of the staff report.

Mayor pro tem Lyon moved, seconded by Councilwoman Ferraro, to adopt the staff recommendation.

The motion carried on the following roll call vote:

AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd

NOES: None

RECESS & RECONVENE:

Recess and Reconvene: At 10:05 P.M., Mayor Byrd declared a recess. The meeting reconvened at 10:10 P.M.

Set Date for Community Leaders’ Breakfast Meetings and Neighborhood Watch Appreciation Luncheon (301 x 305 x 1206)

City Clerk Purcell presented the staff report of February 15, 2000 and the recommendation to select dates for the year 2000 Community Leaders Breakfast meetings and the Neighborhood Watch Appreciation Luncheon.

Lois Larue, suggested changes based on a City event she attended and objected to the use of religious facilities such as the Salvation Army and Marymount College for City meetings.

Council consensus was to select April 1, 2000 and October 21, 2000 for the two Community Leader Breakfast meetings and October 28, 2000 for the Neighborhood Watch Luncheon.

Support for Proposition 12 (Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000) and Proposition 13 (Safe Drinking Water Clean Water, Watershed Protection and Flood Protection Bond Act)

(1101)

Councilman Stern presented the staff report of February 15, 2000 and the recommendation to consider supporting a yes vote on Propositions 12 and 13.

Eric Randall, 5528 Madeline Cove Drive, Director of the Palos Verdes Peninsula Land Conservancy, spoke to the likelihood the City would receive funds provided by these propositions because the City’s needs fit into many of the categories such as endangered species, natural open space, coastline protection, and NCCP.

Wendy Millet, Redondo Beach, also representing the Palos Verdes Peninsula Land Conservancy, urged support of these propositions and noted that the Daily Breeze and the Los Angeles Times were in favor of this legislation.

Lois Larue, Rancho Palos Verdes, spoke in support of these propositions.

Council discussion centered on the following: the support by the County Board of Supervisors; the jurisdictions that would benefit; the opportunity for the City to receive funds to purchase open space; the fact that most of the funds to be secured by these measures had already been dedicated to specific projects and jurisdictions; that voters should read the propositions and make a decision based on the projects being funded and their cost, not just whether the Peninsula might benefit; the fact that existing funding for these types of projects is near depletion and that re-funding is necessary; and, the fact that City voters had supported similar County measures in the past.

Councilman Stern moved to support Proposition 12 and 13. Councilman McTaggart seconded the motion for support of Proposition 12 only and Councilman Stern agreed to this amendment.

The motion failed on the following roll call vote:

AYES: McTaggart, Stern

NOES: Ferraro, Mayor Byrd

ABSTAIN: Lyon

 

REPORT ON CLOSED SESSION:

City Attorney Lynch reported that no action was taken on any of the three closed session items.

CITY COUNCIL REPORTS:

Councilman Stern reported that he attended a Peninsula Law Enforcement meeting on February 3 and a decision was made to acquire additional radar units.

 

 

ADJOURNMENT:

Adjourned at 10:34 P.M to Monday, February 28 at 6:00 P.M. for interview of Commission and Committee applicants on motion of Mayor Byrd.

 

________________________

MAYOR

ATTEST:

 

__________________

CITY CLERK

 

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