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CC MINS 19990706MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING July 6, 1999 The meeting was called to order at 6:30 P.M. by Mayor Hollingsworth at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed to a closed session per the Brown Act Checklist attached to the Redevelopment Agency agenda. The meeting was reconvened at 7:05 P.M. After the Pledge of Allegiance, roll call was answered as follows: PRESENT: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth ABSENT: None Also present were City Manager Les Evans; Assistant City Manager Carolynn Petru; City Attorney Carol Lynch; Director of Planning, Building & Code Enforcement Joel Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; Senior Planner Greg Pfost; Associate Planner Ara Mihranian; and, Recording Secretary Jackie Drasco. RECYCLE DRAWING: (1204 x 1301) Mayor Hollingsworth announced that Lois Jester was the winner for the month of June and would receive one year of free refuse service. Another name was drawn and Mayor Hollingsworth stated that excess recycling funds had made possible drawings twice a month. APPROVAL OF AGENDA: Councilwoman Ferraro moved, seconded by Mayor pro tem Byrd, to approve the agenda. Motion carried. APPROVAL OF CONSENT CALENDAR: Councilwoman Ferraro 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 presented at this meeting with consent of the waiver of reading deemed to be given by all council members after the reading of the title. Minutes (301) Approved the minutes of June 1, 3, 14, 1999, as presented, and June 15, 1999, as amended. May 1999 Treasurer's Report (602) Received and filed the May 1999 Treasurer's Report for the City of Rancho Palos Verdes and all of its component units (i.e., Redevelopment Agency and the Improvement Authority). Loan Agreement between the City and the Redevelopment Agency (602 x 1900) Authorized the Mayor and the City Clerk to execute the proposed loan agreement between the City and the Redevelopment Agency. Notice of Completion for the Lower Hesse Park Trails Project (PW 9833) and Upper Hesse Park Stairway and Landscaping (1201 x 1204) 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; and (3) Authorized p Y the Finance Director to release the 10% retention payment, to Thomsen Landscape, 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 an acceptable warranty bond. Professional Services for the Sea Cave exhibit for Point Vicente Interpretive Center Expansion (1201 x 1204) (1) Awarded a contract in the amount of $8,700.00 to Michael Jurdan, Inc. for professional services related to the sea cave exhibit, and authorized the expenditure of up to a total 'of $9,700.00. (2) Authorized the Mayor and City Clerk to execute a contract with Michael Jurdan, Inc; and, (3) Authorized the expenditure of up to $3,000 for professional services with Ron Yeo, Architects, Inc. for services related to the sea cave Exhibit. City Council Minutes July 6, 1999 Page 2 Claim against the City by Laurie Younggren (301 x 303) Rejected the claim and directed the City Clerk to notify the claimant. Claim against the City by Judy Handler (301 x 303) Rejected the claim and directed the City Clerk to notify the claimant. Scenic turnout project: authorization for additional professional services (1204) Authorized additional professional services with Transtech Engineers, Inc., in an amount not to exceed $6,000 for services related to the design of two scenic turnouts along Palos Verdes Drive West and along Palos Verdes Drive South. Request for waiver of application fees for Variance No. 454 (Nassif) (1203) Granted the fee waiver. Resol. No. 99 -53 - Register of Demands (602) ADOPTED RESOL. NO. 99 -531 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: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None # # # # # # # # ## # # PUBLIC HEARINGS: Ocean Trails — Revision "J" (1203 x 1411) Mayor Hollingsworth opened the public hearing on this request to Amend Conditional Use Permit No. 163, et al. Assistant City Manager Petru announced that notice had been duly published, that protest letters had been included in the agenda packet, and that additional protest letters were furnished to the Council just prior to the beginning of City Council Minutes July 6, 1999 Page 3 the meeting. Senior Planner Pfost presented the staff report of July 6, 1999, and the recommendation to adopt the proposed resolutions approving (1) Addendum No. 9 to Environmental Impact Report No. 36; (2) Conditional Use Permit No. 162 - Revision "J "; approving Conditional Use Permit No. 163 — Revision "J", Vesting Tentative Tract Map No. 50666 — Revision "J", Vesting Tentative Tract Map No. 50667 — Revision "J "; and, Revision "J" to the Public Amenities Plan, thereby permitting various amendments to the Ocean Trails project. He indicated that the developer had withdrawn two requests regarding view covenants and street signs. Council discussed the restrictions on establishing a Maintenance District; the posting of a bond to ensure maintenance; and, the critical need to regulate irrigation. Other topics of discussion were the developer's withdrawals of the requests to remove the view covenants and to approve street signs; limiting foliage to 16 feet; timing of the installation of ornamental fencing, the fact that the requested clubhouse basement would have no effect on the height of the structure; the split -level design of the homes which would eliminate the need to import 80,000 cubic yards of fill; and, monitoring of the proposed early morning mowing schedule Ken Zuckerman, 1 Ocean Trails Drive, spoke to withdrawal of the request to eliminate the view covenants. Major L. Cohn, 4015 Exultant Drive, expressed concern about impact of the project on Palos Verdes Drive South and the availability of sufficient information. Jeff Sax, 4022 Admirable Drive, felt that the developer's requests for changes were not critical and that he'was given more consideration than the community. David Potter, 2221 Baleria Drive, San Pedro, CA 90732, stated his concerns that the project had caused irreversible environmental damage; the delay in paying the traffic impact fees; the possibility of mowing at 2:00 A.M.; and setting a precedent for future developers. (He provided a computer - generated image of the clubhouse which is on file in the City Clerk's Office) Elizabeth Sax, 4022 Admirable Drive, questioned the accuracy of images posted by the developer; suggested that building pads be lowered; and, that the soil removed from the pads be placed in the crevice created by the landslide. Louise Shipman, 3948 Admirable Drive, felt that there were many errors in the view analysis; questioned the perspective of the analysis; inquired if the homes would still City Council Minutes July 6, 1999 Page 4 be lower than Palos Verdes Drive South; and, submitted photographs to substantiate her concerns Uday Pati I, 4011 Palos Verdes Drive South, said that the staff report received only last Friday included too many major issues to be studied in a short time and he requested a continuance. He questioned the wisdom of continuing to develop the property after the landslide and felt that the City had not furnished enough information to residents regarding the slide. Mayor Hollingsworth said since it was not specifically on the agenda, comments regarding the landslide should be held for the Audience Comments portion of the agenda. Council commented that an oral report on the landslide was given at the previous Council meeting; that forensic geology was being performed but that no results were available; and, that there would be full disclosure when information was available. Joseph Wang, 3913 Palos Verdes Drive South, said that the clubhouse blocks views and the proposed trees would only add to the bulk of the structure. He stated that the design guidelines address views from Palos Verdes Drive South, not from any particular home, and the view from the highway should be protected. He stressed the importance of verifying that the pad level would be graded to the level actually specified and was concerned about the ongoing earth removal after the landslide. Jabe Kahnke, 4003 Palos Verdes Drive South, questioned the need for the nine revisions requested by the developer and the wisdom in continuing to grade; stated that the view analysis was too simplistic; and, that the developer's photographs did not show the coastline view which was lost Sharon Solari, 4145 Palos Verdes Drive South, President of Seaview Homeowners Association, discussed her request that Uday Patil be allowed extra time to speak for the 270 members of the Seaview Homeowners Association. Council consensus was that Mr. Patil be would given additional time to speak. Uday Patil, said that the developer's view analysis from only two locations was incomplete; was not acceptable because residents had asked for information regarding a percentage of view lost, not merely a reporting of a number of feet below the level of Palos Verdes Drive South. He felt that the offer to build split -level homes in return for less soil import was a means to help the developer, not to improve views for the residents. City Council Minutes July 6, 1999 Page 5 Mary Casaburi, 3941 Palos Verdes Drive South, spoke in opposition to the split -level homes; the height of the clubhouse; the palm trees near the clubhouse; and, the possible mowing of the lawns in the early morning. Richard Casaburi, 3941 Palos Verdes Drive South, said that he did not understand the tables; could not trust the drawings to be true; and, wondered why the pads could be lowered by building split -Level homes when staff had said no further lowering of the pads was possible. Recess and Reconvene: At 8:40 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 8:55 P.M. Michael Sribney, 32415 Nautilus Drive, President of Nautilus Homeowners Association, stated that many residents were unhappy over losing their views but the City gained the straightening of Palos Verdes Drive South, parks, and land set -aside for conservation at no cost. He described the petition he had circulated and urged the Council to correct the injustice to the community. Craig Douglass, 32410 Nautilus Drive, stated that the Council could not change past approvals but they now had an opportunity to make up for the past mistakes. He objected to the split -level homes; indicated his lost view on the posted drawings; and, asked the Council to review the letter he had sent. Moe Derek, 32405 Nautilus Drive, stated that he did not object to the golf course but to the views being lost. He said that the Council had told residents if they had spoken up sooner, the situation would have been different and now there was an opportunity to improve the views since the final grading had not been completed. He asked for the Council's help to retain the 30% view he still had. Ray Green, 3200 La Rotondo, #406, objected to the clubhouse being built on 27 feet of fill and said that trees near the clubhouse could block his view of Abalone Cove. He felt that the hours of golf course maintenance should be restricted just like any other business. Chip Zelt, 41200 Sea Horse Lane, was concerned about privacy, not view loss, and felt the entire project should be put on hold until there was adequate discussion to re -plan it. Lois Larue, 3136 Barkentine Road, described her appeal to the Coastal Commission, and the Commission's requirement that the chemicals used on the golf course *be City Council Minutes July 6, 1999 Page 6 deposited into three lakes on the golf course and hauled offsite. David Pallinger, 32700 Coastsite, Project Manager for Ocean Trails, described long hours spent meeting with residents and many phone calls, stating that Mr. Zuckerman had given direction to his staff to have an "Open Door" policy. He said that the dimensions regarding the clubhouse were incorrect and that pad heights could not be lowered further because of engineering principles regarding restricting the steepness of the streets from Palos Verdes Drive South and drainage. He discussed the relocation of the sewer, which would not be affected by the height of the pads because it was in open space. Barbara Dye 1 Ocean Trails Drive, representing Ocean Trails, displayed a chart which indicated that the clubhouse was built on 16 feet of fill and testified to the thoroughness and accuracy of the view analysis. She stated that there was only one home which was higher (one foot) than the level of Palos Verdes Drive South and that the clubhouse was the only structure over 16 feet high and that had been approved by the City. Ken Zuckerman stated that he had instructed his civil engineer to reduce the heights of the pads as much as possible and that there would be no view obstruction by the split - level homes and some views would be improved. He explained that some grading was delayed because of nesting gnatcatchers but that grading near landslide "K was complete; there was no grading closer than about 50 feet from a sewer; and, that the sewer line needed to be upgraded to modern standards but there was no risk to public safety. He stated that the trail will not exist until the street is paved; that he had worked with the Ocean Terraces Homeowners Association regarding the maintenance schedule, which was similar to other courses on the Peninsula; and, that it was his intent to address complaints from homeowners as soon as they come to his attention. He said that he believed the view analysis was accurate and he described his methods of communicating with the nearby homeowners Craig Douglass questioned the accuracy of elevation information received from the Ocean Trails staff, particularly in reference to mounds on the property. Elizabeth Sax objected to the tree view analysis drawings shown with the structures removed. Mike Sribney felt that view analysis should be taken from more than two locations and said that residents on Nautilus had asked for an analysis from their street. He felt that there was insufficient information and that Catalina views would be lost. David Pallinger explained that the mounds were to mitigate noise for Ocean Terraces City Council Minutes July 6, 1999 Page 7 and said that the view analysis from Nautilus would be provided. Staff confirmed that the depth of fill under the clubhouse ranged from 10 feet to 18 feet and that the Coastal Specific Plan required that the view analysis be taken from a standing position in the middle of the highway. Council then discussed maintenance of the golf course and control of irrigation, including whether it would be possible to restrict watering on residential parcels There being no objection, Mayor Hollingsworth closed the public hearing. Council consensus was to approve the fencing proposal from the developer and they acknowledged the delay in completing the trails, contingent on the paving of the street. After discussing the split -level homes, and the trees at the clubhouse, Council consensus was to allow the split -level homes but to delay a decision on the trees until a later date. The payment of traffic impact fees was considered a non -issue because there was insufficient information to calculate the fees at this time. A discussion of the proposed basement clarified that the Council had no objection to this addition to the clubhouse. Regarding the schedule for golf course maintenance, Council consensus was that close monitoring was necessary and that procedures should be in place to address resident complaints immediately and to make changes quickly when necessary. The Council summarized their consensus on the following: Item No. 1, Formation of a Maintenance District. To accept the maintenance bond but address further the control of irrigation. Item No. 2, View Covenants: The covenants will remain in place Item No. 3, Timing of Ornamental Fencing: Approved Item No. 4, Timing of Trails Construction: Acknowledgement that the trails will be completed in conjunction with the paving of the road. Item No. 5, Residential Buildinq Pad Changes (split -level homes) and Clubhouse Landscaping: Split- levels will be allowed, but the landscaping issue would be decided at a later d ate City Council Minutes July 6, 1999 Page 8 Item No. 6, Traffic Impact Fees: The fees would be paid when required information was available. Item No. 7, Increase in Building Area (Basement) For The Clubhouse: Approved Item No. 8, Street Signs: Withdrawn by the developer for discussion at a later date Item No. 9, Hours Permitted for Golf Course Maintenance: Language will be brought back to the next meeting to address a procedure for insuring that residents are not unduly disturbed. Council consensus was to agendize a general discussion of the landslide at a future Council meeting which would include: information regarding landslide "A" (specifically, golf holes, sewer location, and work required in this area); a general discussion of all three landslides on the property; and, the cracks on Palos Verdes Drive South. After Council discussion of allowing one speaker representing a group of speakers to speak longer, the consensus was that this was a possibility if arrangements were made prior to the meeting. Council then re- opened the public hearing and continued it to July 20, 1999, to discuss the unresolved issues of irrigation control throughout the entire project, and a complaint monitoring procedure and permitted schedule for golf course maintenance. Recess and Reconvene: At 10:45 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 10:55 P.M. An Appeal of the Planning Commission's Approval of Tentative Parcel Map No. 24679 (1203 x 1410) Mayor Hollingsworth opened the public hearing on this request for an appeal of the Planning Commission's approval of Tentative Parcel Map No. 24679 at 5251 Rolling Ridge Road. Because he is acquainted with the. parties involved, Mayor Hollingsworth recused himself from the discussion and left the dais. Assistant City Manager Petru announced that notice had been duly published and that all protest letters received by the City had been included in the agenda packet Associate Planner Mihranian presented the staff report of July 6, 1999 and the recommendation to adopt the proposed resolution denying the appeal and conditionally approving Tentative Parcel Map No. 24679 allowing the lot split of a 65,394 square foot City Council Minutes July 6, 1999 Page 9 lot into two lots, within the RS -2 zoning district, on property located at 5251 Rolling Ridge Road. Mr. Mihranian reported that there are approximately 49 parcels in the area, 29 of them under one acre, and that the subject property potentially could be divided again to make three lots large enough to build a house on each which would comply with setback requirements. He explained that a house on the subject lot was demolished two years ago and that there was a permit for the demolition and remedial minor grading. The remedial grading permit, however, had expired. Deborah Pole, 5241 Rolling Ridge Road, stated that she and her husband lived on a 1.5 -acre parcel adjacent to the subject property on the north side. She urged the Council to reject the recommendation based on the lack of neighborhood compatibility, explaining that the neighborhood was composed of large lots. She requested that the Council consider a zoning amendment to require minimum one -acre lots to prevent lot splits in the future. Douglas Trowbridge, 5333 Rolling Ridge Road, explained that there three large lots in a row and the house on the subject property (the middle lot) had been torn down. The proposed lot split (which was not in equal halves), meant that it could be split again to allow the building of three houses where one had previously existed. He stated that the neighbors wished to reserve any and all legal recourse at the administrative level and that, even though his lot was only three - fourths of an -acre, he would not object to the minimum one -acre lot zone change. Robert Brown, 5241 Rolling Ridge Road, said that he was opposed to the subdivision and was concerned about inadequate notification by the City. Helen Graux, 5317 Rolling Ridge Road, said that she has a 1.5 acre parcel and wished to retain her privacy and view. She explained that Mr. Florance had originally said he was oin to build a home for himself on the property but then changed his mind. g 9 Robert Bothner, 5040 Palos Verdes Drive North, Rancho Palos Verdes, stated that his parcel of just under two acres was adjacent to the subject property (at the rear); that he agreed that the division of the lot would change the character of the neighborhood; that the area had been zoned for larger lots of % to one -acre lots prior to the incorporation of the City; and, that he acknowledged the right to a profit by the property owner but not if it adversely affects values of surrounding properties William Slagg, 5087 Rolling Ridge Road, said that the manner in which the lot was City Council Minutes July 6, 1999 Page 10 being divided would not be compatible with contiguous lots but that he would not object if it were divided into two equal halves. Ron Florance, 5251 Rolling Ridge Road, said that he concurred with the staff report, that there was compliance with all City, County and State regulations, and that he believed the subdivision should be approved. He described other parcels on Rolling Ridge and the general vicinity, focusing on the steepness and buildable area of these lots. Ms. Pole, speaking in rebuttal, describing the three months of grading at the subject property which she said created a lot of dust. She explained that her home is built on a three -lot parcel. Mr. Florance said that the remedial grading was necessary because the footings in the previous home were very deep and that the soil had to be recompacted; that he did not know the permit had expired; that the work had been performed by a licensed contractor and inspected by an engineer; and, that the grading took longer than was expected because the construction company was pulled away temporarily for emergency work for a landslide on Deep Valley Drive. Michael Nichols, Lanco Engineering, 1010 Crenshaw Boulevard, Suite 200, Torrance, CA 90501, said that he believed that there was a grading permit from -the City; that a licensed contractor performed the work; and, that grading was necessary to recompact the soil after the house was removed. Mayor pro tem Byrd closed the public hearing. Council discussion focused on the semi -rural atmosphere of the neighborhood and the merits of re- zoning versus the nonconformity status it would place on some homeowners. City Attorney Lynch opined that re- zoning, not lack neighborhood compatibility, would prevent lot splits. Council consensus was to poll other property owners in the neighborhood to determine possible opposition to the re- zoning and subsequent nonconforming lots. Mayor pro tem Byrd re- opened the public hearing to ask Mr. Florance if he would consider dividing the property in two equal halves and he said he would not. Mayor pro tem Byrd closed the public hearing. City Council Minutes July 6, 1999 Page 11 Councilwoman Ferraro moved, seconded by Councilman McTaggart, to uphold the appeal and to explore a zoning change and possible moratorium, polling the neighborhood for input. City Attorney Lynch explained that these options had to be considered within a certain time frame and the issues were agendized for a meeting on Thursday, July 15, 1999, at 4:00 at Hesse Park. City Attorney Lynch clarified that a resolution denying the appeal would be brought back to the Council on July 15 and zoning issues would be discussed at that time. Mayor Hollingsworth returned to the dais. REGULAR BUSINESS: Sponsorship request from the County of Los Angeles for its 150t'' Birthday Celebration (305 x 1101) After Council discussion, Council consensus was to decline a sponsorship because of the high cost, unless the other Peninsula cities wished to combine efforts. City Manager Evans was asked to investigate this possibility. AUDIENCE COMMENTS: Lois Larue, 3136 Barkentine Road, expressed her opposition to development at Abalone Cove. ORAL CITY COUNCIL REPORTS: Mayor Hollingsworth announced that the current waste disposal contract would expire in February 2000 and that there would be a community meeting at Hesse Park on July 14 at Hesse Park at 7:00 P.M. to receive input from residents in preparation for negotiation of a new contract. REPORT ON CLOSED SESSION: City Attorney Lynch clarified that there was one case, not three as shown on the agenda. She reported that the Council directed that the City take action so that the homeowner's view is restored, including litigation, if necessary. (4 -0 -1, with Councilwoman Ferraro abstaining) that the homeowner's view be restored. City Council Minutes July 6, 1999 Page 12 ADJOURNMENT: Adjourned at 12:15 A.M. to Thursday, July 15 at 4:00 P.M., at Hesse Park on motion of Mayor Hollingsworth. MAY 4R ATTEST: TY CLERK 070699CCMIN City Council Minutes July 6, 1999 Page 13