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CC MINS 20010206MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FEBRUARY 6, 2001 The meeting was called to order at 7:02 P.M. by Mayor Lyon at Fred Hesse Community Park, 29301 Hawthorne Boulevard. After the Pledge of Allegiance, roll call was answered as follows: PRESENT: Byrd, Ferraro, McTaggart, Stern, and Mayor Lyon ABSENT: None Also present were City Manager Les Evans, Assistant City Manager Carolynn Petru; City Attorney Carol Lynch; Director of Planning, Building, and Code Enforcement Joel Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; City Clerk/Administrative Services Director Jo Purcell; Senior Planner Greg Pfost; and, Recording Secretary Arlene Jaentsch. RECYCLING DRAWING: The winner from the first meeting in December was Juliano Solari and for January the winner was Al D'Amico. Each will receive a check for $250, which represents a year of free refuse service. Another card was selected. APPROVAL OF AGENDA: Councilman Stern moved, seconded by Councilwoman Ferraro to approve the agenda. Motion carried. APPROVAL OF CONSENT CALENDAR: Councilwoman Ferraro moved, seconded by Mayor Pro Tem MCTaggart, to approve the consent calendar. Motion carried. Minutes (301) Adopted the Minutes of January 8 as presented and the minutes of January 16, 20017 as amended. Claim Against the City by Walter Krause Rejected the claim and directed the City Clerk to advise the claimant of Council's action. RESOLUTION NO. 2001 -227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION 3000 -33, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2000 -2001, FOR A BUDGET ADJUSTMENT TO THE CITY'S CAPITAL PROJECTS FUND. Funding Request for Beverage Container Recycling and Litter Cleanup Activities FY 2000 -2001 (1204 x 1301) (1) Authorized the submittal of the funding request form to the Department of Conservation's Division of Recycling for funding programs related to beverage container recycling and litter cleanup activities for FY 2000 -2001. (2) ADOPTED RESOLUTION 2001 -23, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL NECESSARY FORMS FOR THE PURPOSES OF SECURING PAYMENTS, AND IMPLEMENTING AND CARRYING OUT THE PROGRAMS. Professional Services Agreement with Helix Environmental Planning, Inc. (I 101 x 604) Awarded a Professional Services Agreement to Helix Environmental Planning, Inc. in the amount of $33,700 to prepare the CEQA documentation and to obtain federal and state permits for the San Ramon Drainage Project, and authorized the Mayor and the City Clerk to execute the Agreement. January 2001 Treasurer's Report (602) Ordered receive and filed. Resol. No. 2001 -24 - Register of Demands (602) ADOPTED RESOLUTION NO. 2001 -241 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 carried on the following roll call vote: AYES: Byrd, McTaggart, NOES: None ABSENT: Ferraro REGULAR BUSINESS: Stern, and Mayor Lyon City Council Minutes March 6, 2001 Page 2 PUBLIC HEARINGS: Ocean Trails — A proposed revision to the Conditions of Approval regarding the re- construction of Palos Verdes Drive South. Mayor Lyon opened the public hearing on this request to consider a proposed revision to the Conditions of Approval regarding the re- construction of Palos Verdes Drive South relative to the Ocean Trails project. City Clerk Purcell announced that notice had been duly published and that all written comments were included in the agenda packet. Director Allison presented the staff report of February 6, 2001 and the recommendation to (1) Adopt the proposed resolution, approving Addendum 12 to EIR 36 for Revision "Q" to Vesting Tentative Tract Map No. 50666. (2) Adopt the proposed resolution, a resolution approving Revision "Q" to Vesting Tentative Tract Map No. 50667, revising the conditions of approval to permit the developer to re- construct La Rotonda Drive instead of re- constructing Palos Verdes Drive South from La Rotonda Drive to the eastern City boundary. Council discussion focused on whether the county was partially responsible for the condition of the road due to faulty original construction before the City of Rancho Palos Verdes was incorporated. Further discussion revealed that the road has lasted 30 years and according to staff was never resurfaced, only slurry sealed a few times. Council consensus was that it would not be a good use of city resources to investigate the history of the road's construction or seek reparation from the county. City Attorney Lynch stated that it is the responsibility of Ocean Trails to repair the road. City Manager Evans explained that the developer is responsible to repair the road to the original condition before construction began, however, in this case the road condition before construction would not be desirable. Ken Zuckerman, One Ocean Trails Drive, representing Ocean Trails, stated that he was present to answer questions. Ocean Trails is proposing to improve the road to a better condition for the benefit of current and future residents. Council inquired whether the habitat watering was in some part responsible for the cracks and Mr. Zuckerman said that consultants did not believe that habitat irrigation caused the cracks in Palos Verdes Drive South. He offered to have his consultant meet with the city's geologist to discuss this issue. Barbara Dye, representing Ocean Trails, stated that it is important to them to reconstruct La Rotonda and they are willing to spend the extra funds. It is beneficial to City Council Minutes February 6, 2001 Page 3 considering costs. Vic Quirarte, 29319 Quailwood, questioned concepts in the staff report that seemed to pit conservationists against developers and felt that the City had been allowing developers to slow the NCCP process. He felt that the majority of residents were opposed to using City property for a portion of a golf course and compared this concept to Ocean Trails, stating that Mr. Zuckerman had not requesting the use of City land for his development. Dena Friedson, 1737 Via Boronada, felt that Alternative "A" was the only plan which met the conservation goals of the NCCP and was concerned about maintaining links between habitat areas and protection of native vegetation. She urged the Council to include Upper Point Vicente Park in the preserve regardless of the plan approved. Barbara Gleghorn, 28850 Crestridge Road, speaking for the Steering Committee for SOC II, stated that the resource agencies considered Upper Point Vicente Park to be an important area for protecting the gnatcatcher. She stated that keeping public land for public use would minimize acquisition costs; maximize conservation; and, continue compliance with the agreement with the federal government when the land was granted to the City. She said that she favored Alternative "A" but urged the Council to consider the SOC II proposal if the Upper Vicente Park was not included in the NCCP. (A letter including Ms. Gleghorn's comments is on file with the City Clerk's Office.) Jim Knight, 5 Cinnamon Lane, spoke in opposition to Alternative "C" because it not include Upper Point Vicente Park and he wondered if it was because of the proposed golf course. He emphasized that the NCCP plan adopted should protect the gnatcatcher and preservation of Upper Point Vicente Park would contribute to this protection. He felt that if the NCCP was going to be successful there needed to be a balance between development and the needs of the City and the environment and he urged the Council to consider the proposal presented by SOC II at the January 16, 2001 Council meeting. (A letter including Mr. Knight's comments is on file with the City Clerk's Office.) Angelika Brinkmann -Busi, 2141 West 35th Street, San Pedro, South Coast Chapter of California Native Plant Society, spoke in opposition to Alternative "C" because it did not include Upper Point Vicente Park in the preserve and said that this area was important for the gnatcatcher and for a connection to other habitat areas. She was concerned about the bubble concept because it had no clearly defined criteria and because of the plan to remove all habitat in the bubble areas and then restore part of it which would greatly impact the quality of the habitat. She also felt that the development would the bubble areas should be reduced to 25 %. Jess Morton, 787 West 4th Street, San Pedro, CA 90731, Endangered Habitat League, City Council Minutes March 6, 2001 Page 4 Council consensus was that Ken Zuckerman could not be held responsible for road conditions before Ocean Trails construction began; that it was important to continue to investigate the cause of the slippage on Palos Verdes Drive South; and if it is determined that Ocean Trails is responsible then the developer should pay for road repairs. City Attorney Lynch indicated that there is no wording in the present resolution that would excuse Ocean Trails from the obligation if it were determined that Ocean Trails caused the slippage. Council was in agreement that the condition of La Rotonda Drive is substandard; that resurfacing only would be a waste of money; and that reconstructing Palos Verdes Drive South was a separate issue to be addressed later. Director Allison stated that monitoring shows that movement has slowed and nearly stopped. Ken Zuckerman asked for clarification regarding how the city would determine the cause of damage to Palos Verdes Drive South and felt that his attorney should have been present. City Attorney Lynch indicated that Mr. Zuckerman's attorney would have an opportunity to review the revised resolutions before the meeting on February 20tH Council consensus was to continue the public hearing to February 20, 2001, when resolutions would be submitted. Ocean Trails — A proposed revision to the Conditions of Approval regarding the project's affordable housing requirements Mayor Lyon opened the public hearing on this request to consider a proposed revision to the Conditions of Approval regarding the revision to the Conditions of Approval regarding Ocean Trail's affordable housing requirements. City Clerk Purcell announced that notice had been duly published and that all late correspondence received had been distributed to the council. Given the late correspondence for this article City Attorney Lynch suggested that the council recess briefly to discuss the current lawsuit as well as the proposed litigation. Recess & Reconvene: At 8:00 P.M. Councilman Byrd moved, seconded by Councilwoman Ferraro to recess to City Council Minutes February 6, 2001 Page 5 aired on the Cox local government access channel so residents could be made aware of the hazard that might result from the L. A. Port project. (Literature giving further details of Ms. Gunter's comments is on file with the City Clerk's Office.) Lois Larue, 3136 Barkentine Road, related incidents during the groundbreaking for the expansion of the Point Vicente Interpretative Center and at the recent Whale of a Day event; praised the City for awarding a contract to women engineers; and reported that there was going to be a meeting at Rolling Hills Estates City Hall to protest increased water rates. Kathy Snell, 8 Vanderlip Drive, stated that annually 900 wild animals are trapped in the City by Los Angeles County and euthanized. She requested that the City newsletter advise residents how to avoid attracting wild animals to their property. Richard Bara, 1 Peppertree Drive, reported, not as Chair of the Equestrian but as a private citizen, that an unofficial sub - committee was working on the establishment of a Rancho Palos Verdes Equestrian Center. He emphasized that this planning incurred no cost to the City and no City staff time and that the subcommittee would report its findings to the Equestrian Committee which would then report to the City Council. Mr. Bara indicated the tentative 30 -acre location on a map and explained that the purpose of the center would be to ensure that the Ride to Fly to Fly and Pony Club programs would have a site to continue their operations. Rowland Driskell, 30 Via Capri, representing the Villa Capri development, said that a petition signed by homeowners indicated that almost all of the residents felt the City should not give up public land at City Hall to a private developer. Removal of Debris from a Canyon Outside the City Right -of -Way (1204 x 1200) Council consensus was to continue to the meeting on April 3, 2001 to provide an opportunity for the residents in that particular area to speak. Landslide Geology —Zone II (1101 x 1801) City Manager Evans presented the staff report of March 6, 2001 and the recommendation to authorize the expenditure of $30,000 of general fund reserves for a review by Cotton, Shires and Associates of existing geologic and geotechnical documents to determine whether the data is sufficient to support the conclusions of the Peer Review Group to allow development in Zone II under certain conditions. Using a computer generated visual presentation, he showed a map with the eight zones in the moratorium area established by Dr. Perry Ehlig. Council discussion centered on a comparison of Zones One and Two, regarding current City Council Minutes March 6, 2001 Page 6 Diane Weinberger, 4206 Exultant Drive, asked if underground parking would be possible; said that there had been parking problems during the Concours d'Ele g ance car show, and wondered if the original project plan had included adequate parking. Uday Patil, 4011 Palos Verdes Drive South, asked why the parking lots were full when all the Ocean Trails facilities were not yet open. He questioned the accuracy of the anticipated parking requirements in the Environmental Impact Report. Lawrence Vivian, 2324 West 37th Street, Can Pedro, CA 90732, Conservation Chair for South Bay Sierra Club, was disturbed that the City was giving the developers options in light of pending legal action. Craig Douglass, 32420 Nautilus Drive, discussed Ocean Trails issues raised in previous Council meetings and made the following suggestions: (1) Reduce the height of the wall. (2) Reposition the maintenance building without the affordable housing. (3) Remove the dirt mounds. (4) Lower pad heights. (5) Convert all two-story homes to one story. He felt that these changes should be preferable to the City rather than being put into a position to react to the S.A.V.E. litigation. Jabe Kahnke, 4003 Palos Verdes Drive South, felt that the project was poorly planned with respect to parking requirements. He asked why the Council was trying to satisfy Ocean Trail's request and not trying to work with the residents near Ocean Trails. He urged the Council to use their leverage to improve the residents' problems with this project. Mike Sribney, 32415 Nautilus Drive, agreed that the project was poorly planned and was hoping for a tradeoff with Ocean Trails' requests to regain the ocean views of nearby homeowners. He asked the Council to correct mistakes, specifically reducing all homes to one story, while the Conditional Use Permit is open. He said there was an opportunity for the City to deal with the issues and have the S.A.V.E. lawsuit put aside. Joseph McLaren, 3923 Palos Verdes Drive South, spoke in favor of the affordable housing units and urged the council to approve the request even if there are some problems with heights. Lois Larue, 3136 Barkentine Road, spoke about affordable units at Villa Capri, which were converted from affordable housing status when they were sold. She felt that affordable housing should stand not for 30 years as mentioned in the staff report but for 50 to 100 years. Herbert Hyatt, 32424 Aqua Vista Drive, exhibited photographs and stated that he lived directly across the street from the development. His concerns were vehicles, construction equipment, storage vans in the proposed parking lot but now he felt the City Council Minutes February 6, 2001 Page 7 RECESS & RECONVENE: At 10:22 P.M., Mayor Lyon declared a recess. The meeting reconvened at 10:32 P.M. The following persons spoke in support of the staff recommendation: Tracey LeRoy, 7936 East 3rd Street, Downey, CA 90241; John Monks, 32200 Schooner Drive; Jesus Gutierrez, 1324 W. 35th St., San Pedro, CA 90731; Greg Clark, 1456 Silvius Drive, San Pedro, CA 90731; Jack Monks, 32200 Schooner Drive; Chris Haber, 8720 Bleriot Avenue, Los Angeles, CA 90045; Mike Ahahee, 1917 Via Tampa, Lomita, CA 90717; Lisa Dennen, 32200 Schooner Drive; Michael Kiss, 616 N. Paulina Ave., Redondo Beach, CA 90277; Aerial Cruce, 17 Swift Court Newport Beach, CA 92663; Richard Cruce, 17 Swift Court Newport Beach, CA 92663; Kathy Snell, 8 Vanderlip Drive; and, Christopher Smith, 1236 Via Landera, Palos Verdes Estates, CA 90274. A summary of their comments is as follows: A request was not being made to lift the moratorium but merely for the City to grant exceptions, 15 of which have been granted since the moratorium was established. When some lots in Zone II were purchased, buyers believed that information from Dr. Perry Ehlig and the panel of experts indicated that this area was stable enough for lots to be developed if the individual lot had a safety factor of 1.5; that Zone Two had not moved in 100,000 years; that it was not part of any slide; and that its inclusion in the moratorium area was cautionary until additional studies could be conducted. Vacant lot owners felt it was unfair that they had to pay ACLAD fees, property taxes, mortgage payments, weed abatement costs for fire safety; and, that they received no benefit from owning their property. Vacant lot owners also felt that they had not contributed to the landslide but homeowners in Zone Two had because of the septic tanks adding to the ground water and yet these same homeowners were receiving free sewers and the right to enjoy their home and the privately owned vacant lots which constituted parkland for the homeowners. It was opined that the City was in violation of the Fifth Amendment of the United States Constitution because the vacant lot owners had been denied use of their land. To mark the distinction between Zones One and Two, it was noted that Zone Two is not raw land but an already subdivided, existing neighborhood. The question which needs to be answered by a respected geologist is whether individual lots with a safety factor of 1.5 can be developed without causing land movement on that lot or adjacent properties. The Council called Keith Ehlert to the podium to inquire if he felt that development of homes on lots with at least a 1.5 safety factor would cause movement to adjacent properties. Mr. Ehlert replied that he was not aware of any way that development would trigger movement and that it might help. City Council Minutes March 6, 2001 Page 8 Resol. No. 2001 -08 - Appeal of Coastal Permit No. 94- Revision `A' and Encroachment Permit No. 32 (Applicant: RPV Associates LLc, Tract No. 46628 (Oceanfront); Appellant: Rancho Palos Verdes City Council) Director Rojas presented the staff report of February 6, 2001 and the recommendation to adopt the proposed resolution denying the appeal and upholding the Planning Commission's approval of Coastal Permit No. 94- Revision `A' and Encroachment Permit No. 32. Council discussion focused on the act that all streets within the development are public and they discussed concerns regarding various conditions of the resolution; of particular concern was the original intent to keep these streets public when the tract was originally approved. City Attorney Lynch stated that she would amend the resolution to address these concerns. Councilwoman Ferraro moved, seconded by Mayor Pro Tern McTaggart to ADOPT RESOLUTION NO. 2001 -08, as amended, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF COASTAL PERMIT NO. 94- REVISION `A' AND ENCROACHMENT PERMIT NO. 32. The motion to approve the amended Resolution carried on the following roll call vote: AYES: Byrd, Ferraro, Stern, and Mayor Lyon NOES: McTaggart Landslide Moratorium Exception Permit No. 36. (Landowner: Petak, 25 Sweetbay Road). Director Rojas presented the staff report of February 6, 2001 and the recommendation to approve Landslide Moratorium Exception Permit No. 36, thereby allowing the landowner to proceed with the appropriate applications to legalize the 441 square foot garage conversion; construct a new 690 square foot three -car garage with a 319 square foot trellis attaching the garage and residence; and 213 cubic yards of grading to accommodate the new garage and driveway, for property located at 25 Sweetbay Road. Council discussion centered on whether this after - the -fact garage conversion complied with the code that fees would be double and that this approval allows the landowner permission to submit an application but it does not grant approval. City Council Minutes February 6, 2001 Page 9 Councilmember McTaggart moved, seconded by Councilwoman Ferraro to adopt the staff recommendation. Motion carried. Additional Engineering Services for the Point Vicente Interpretative Center Soil Remediation Director Allison presented the staff report of February 6, 2001 and the recommendation to (1) Authorize the expenditure of up to $29,350 for additional engineering services for the soil investigation at the Point Vicente Interpretative Center. Council discussed the possibility that with additional investigation to identify specific locations of highest lead content might decrease clean up costs. City Manager Evans said that staff met with representatives of the Army Corps of Engineers; and there will be additional information by September. Samuel Van Wagner, 2763 San Ramon Drive, said he was encouraged by the federal government involvement. Councilmember Ferraro moved, seconded by Mayor Lyon to (1) Authorize the expenditure of up to $29,350for additional engineering services for the soil investigation at the Point Vicente Interpretative Center. Motion carried. ADJOURNMENT: Adjourned at 10:10 P.M. on the motion of Mayor Lyon to February 12, 2001, at 7:00 P.M. at Hesse Park for the first "Budget on the Road" meeting. ATTEST: CITY CLERK WA2001 City Council Minutes \02062001 cc min.doc VAY 0"" R City Council Minutes February 6, 2001 Page 10