Loading...
CC MINS 19990720MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING July 20, 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. 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 Kit Fox; and, Recording Secretary Jackie Drasco. APPROVAL OF AGENDA: Councilman McTaggart moved, seconded by Mayor pro tem Byrd, to approve the agenda. Motion carried. APPROVAL OF CONSENT CALENDAR: Councilman McTaggart moved, seconded by Mayor pro tem Byrd, 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 council members after the reading of the title. Minutes (301) Approved the minutes of July 6, 1999, as amended. Resol. No 99 -54 Register of Demands (602) ADOPTED RESOL. NO. 99 -541 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: Resol, Nos, 99 -55, 56, 579 58, 59,and 60 - Ocean Trails — Revision "J" to the Ocean Trails Project to Amend Conditional Use Permit No. 163 et al. (1411 x 1203) Mayor Hollingsworth opened the public hearing on this request to consider Revision "J" to the Ocean Trails Project to Amend Conditional Use Permit No. 163 et al. City Clerk Purcell announced that notice had been duly published and that protest letters received by the City and additional letters were furnished prior to the meeting. Senior Planner Pfost presented the staff report of July 20, 1999 and the recommendation to adopt the proposed resolutions (1) approving Addendum No. 9 to Environmental Impact Report No. 36; (2) approving Conditional Use Permit No. 162 - Revision "J ", (3) approving Conditional Use Permit No. 163 — Revision "J ", (4) approving Vesting Tentative Tract Map No. 50666 — Revision "J ", (5) approving Vesting Tentative Tract Map No. 50667 — Revision "J ", and, (6) approving Revision "J" to the Public Amenities Plan, thereby permitting various amendments to the Ocean Trails Project. Council discussion centered on the water control plan, comparing the concepts of water sensing devices versus water controlling devices; recourse the City would have should the developer over -water the golf course; the control the City would have in the event of over - watering or a broken pipe at a residence; the requirement for a separate turnoff valve for residential irrigation systems and /or an impervious barrier with internal drainage to a storm drain; and, who would monitor and make the decision to turn off residential irrigation systems. It was also stressed that the clay cap on the golf course would need a certain degree of moisture or it would crack and no longer be effective. Irrigation to establish the habitat was the next topic of discussion and whether the installation of all irrigation should be halted until the plan was approved, or whether irrigation systems already installed could still be operated. City Council Minutes July 20, 1999 Page 2 Ray Green, 3200 La Rotonda Drive, #406, reiterated his comments regarding 27 feet of fill under the clubhouse and felt that his degree in architecture made him qualified to disagree with the developer's contradictory measurements. He also spoke about water control, the need for an irrigation benchmark, and an apparent overwatering /drainage problem on the east slope near the two holes behind Ocean Terraces. Lois Larue, 3136 Barkentine Road, questioned whether revised language from the City Attorney mentioned in the staff report had been read into the record. Ken Zuckerman, 1 Ocean Trails Drive, pointed out the need for irrigation to establish plants before the rainy season to prevent erosion. He also described buttress filled slopes, which he said are extremely stable. He felt the water plan could be approved within the next few weeks. He cited what he believed was an error in one of the conditions; and, asked if another condition could be deleted, which stated that the CUP could be revoked if the golf course maintenance schedule resulted in neighbor complaints. He suggested that the hours for maintenance could revert to the originally approved schedule. He said that he would investigate immediately the possible over - watering problem Mr. Green described and make corrections if needed. After a short discussion, the consensus was to exclude the irrigation plan from the CUP because the procedure to change to a CUP was cumbersome. The irrigation plan would be a separate document, which could be easily amended. Further discussion included the topics of geology input necessary to determine if planned irrigation systems should be installed and if the already installed systems should be operated. Ken Zuckerman explained that buttress filled slopes function like a clay cap. He said that the slope is built up on bedrock with drainage built into the slope which diverts water to the street and then to a storm drain. The Council was still concerned with irrigation on natural slopes and the consensus was to postpone the decision about installation and operation until after geologist review. Mayor pro tem Byrd moved, seconded by Councilwoman Ferraro, to adopt (1) Resol. No 99 -55, approving Addendum No. 9 to Environmental Impact Report No. 36; (2) Resol. No. 99 -56, approving Conditional Use Permit No. 162 - Revision "J ", (3) Resol. No. 99 -57, approving Conditional Use Permit No. 163 — Revision US% (4) Resol. No. 99- 58, approving Vesting Tentative Tract Map No. 50666 — Revision "J ", (5) Resol. No. 99- City Council Minutes July 20, 1999 Page 3 59, approving Vesting Tentative Tract Map No. 50667 — Revision "J", and, (6) Resol. No. 99-60, approving Revision "J" to the Public Amenities Plan, thereby permitting various amendments to the Ocean Trails Project. City Attorney Lynch noted that there was surplus language that did not apply to this project that would be deleted and she asked if the Council wished to maintain the condition to revoke the CUP if the proposed maintenance schedule becomes problematic. Council consensus was to maintain the language but to state that the Director could have notify the developer to revert to the previous schedule while waiting for a Council decision about revoking the CUP. Motion carried. Recess and Reconvene: At 8:13 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 8:35 P.M. RECYCLE DRAWING: (1204 x 1301) Mayor Hollingsworth announced that Joseph Good was the winner of a check for $250 to pay for one year of free refuse service and another name was drawn. The Mayor said that there was now a drawing twice a month, to increase interest in recycling and help the City meets its quota by the year 2000. He also stated that new cards were being sent out to residents to be drawn from. Tract Map No. 44239 Amendment "A" (1203 x 1411) Mayor Hollingsworth opened the public hearing on this request for a request to amend original conditions of approval to allow an access gate to restrict vehicular access for the Villa Capri condominium complex from Hawthorne Boulevard. City Clerk Purcell announced that notice had been duly published and that no protest letters had been received by the City. Director Rojas presented the staff report of July 20, 1999 and the recommendation to continue to the August 3d meeting. Councilwoman Ferraro moved, seconded by Councilmember Lyon, to continue this item to August 3, 1999. REGULAR BUSINESS: City Council Minutes July 20, 1999 Page 4 Processing of Large Domestic Animal Nonconformity Statements (1203 x 1808) Associate Planner Fox presented the staff report of July 20, 1999 and the recommendation to receive and file, and provide direction to staff for any modifications to the proposed process. Council discussion focused on the importance of the number of horses allowed because it was impossible to know if the horses were boarded or owned by visual inspection; the fact that the Pony Club would need a special permit to maintain their permission to operate because the permit runs with the land; the possibility of an administrative hearing suggested by the City Attorney to be heard by the Planning Commission, with appeal to the City Council Jack Downhill, 20 Vanderlip Drive, said he thought the problems had been solved two years ago; the grandfathering issue had become confusing; it was impossible to provide hard evidence as to how many horses were owned in 1975; the Equestrian Committee should handle the issues; and, that horse owners are not receiving the entitlement they had been expecting. Richard Bara, 1 Peppertree Drive, asked if the date of July 1, 1975 was significant only for boarding more than four horses in perpetuity and if the date of February 1, 1997 was to be used for everything else. (A copy of Mr. Bara's written statement is on file in the City Clerk's Office.) City Attorney Lynch said that he was correct. Sherree Greenwood, 2543 Sunnyside Ridge Road, stated that she was a member of the Equestrian Committee and she wanted to give her personal views about this committee: that the Council appointed this group to formulate a process to resolve equestrian issues and that in the last two years, they have come up with a process and are -asking the Council to support them; that the horseowners submitting nonconformity statements could have a choice of having the City Council or the Equestrian Committee review their situation and the work could be divided between the two groups to shorten the process. She suggested that a five to ten -year plan be instituted for the Pony Club to give them security instead of a CUP arrangement, which would have to be reviewed annually. Mike Bowler, 3456 Via Campesina, a member of the Equestrian Committee, said that the committee should review nonconformity statements. He said that he rode horses for competition and needed more than four horses for his sport and he felt that a City Council Minutes July 20, 1999 Page 5 commercial business would have 40 -50 horses. He was concerned that horseowners were bein g denied their rights without compensation. (A copy of Mr. Bowler's written statement is on file in the City Clerk's Office.) Claudia Gutierrez, 3 Clovetree Place, said that she understood the dates now; felt the Council should hear appeals for nonconformity statements rather than the Equestrian Committee; supported the City Attorney's suggestion for administrative public hearings; believed hard evidence relative to the number of horses owned would be difficult to obtain; that a sworn affidavit was acceptable; and, that the flow chart should be followed. Ray reen, 3200 La Rotonda Drive, #406, with his law office at 719 Yarmouth Road, y Palos Verdes Estates, CA 90274, speaking for Betty Strauss, 10 Pomegranate Road, reminded the Council that horsekee in is privilege not a right under zoning; referred p g a p to the Communit y Association survey a few years ago which showed that a majority of the homeowners weren't interested in protecting boarding but dust keeping horses, the code was amended to control number of horses and activities which were out of control; and, asked the Council to keep these original goals in min when considering grandfathering. Se pp Donahower, 3 West Pomegranate Road, said he felt that horseowners should be given the opportunity to amend their nonconformity statements because there is a better understanding of the code now than when some were submitted; steps should be taken to speed u the process; that the distinction of keeping versus boarding was silly; p p Portuguese Bend was not meant to be an area with a high number of horses; and, the 9 Council should be involved in the review process not the Equestrian Committee because they were biased. Sunshine, 6 Limetree Lane, stated that ownership of each horse was impossible to prove; suggested that the issue of nonconformity statements be put on hold and that residents live with the old code until the next revision; suggested that the Equestrian Committee be unseated because there was nothing for them to do; horsekeeping is not invasive and unhealthy but the stress involved in interpreting this code is; and, that the C ount y Sanitation Code should be followed. (A copy of Sunshine's written statement is on file in the City Clerk's Office.) Madeline Ryan, 28328 Palos Verdes Drive East, said that, initially, she was in favor of g randfathering but now was not sure; she had been told that only 2% of the residents on horse roperty have applied; and, she felt that the applications should be approved p since applicants have complied with the requirements and have met the deadline City Council Minutes July 20, 1999 Page 6 Toni Deeble, 3 East Pomegranate Road, stated that she was glad to hear the date for boarding in perpetuity clarified as July 1, 1975 and that she felt people who were conducting lawful horsekeeping on February 1, 1997 should be grandfathered. She said the goal was to stop commercialism and that she felt the Equestrian Committee should not review these nonconformity statements, that it should be the Planning Commission and the City Council because it was a zoning issue. She supported the City Attorney's administrative hearing suggestion to speed up the process. (A copy of Ms. Deeble's written statement is on file in the City Clerk's Office.) Joseph Deeble, 3 East Pomegranate Road, said that he concurred with most of what was said and felt if the number of horses remained the issue, most of the problems would be solved. Richard Bara, Jr., 833 N. Lucia, Redondo Beach, CA 90277, said that he lived formerly at 1 Peppertree Drive and suggested that a step in the review process include a meeting with the Planning Director and staff liaison to review inconsistencies and arrive at an agreeable covenant Elayne Raksnys, 900 Camino Real, Redondo Beach, CA 90277, representing the Pony Club, said that plans and paperwork had been submitted last week to Mike Walker for the relocation of the Club and that they were appreciative of the Council's assistance. The Council then discussed and made the following decision on these questions posed by staff: Does the City Council wish to allow existing Nonconformity Statements to be amended? The consensus was yes. Does the City Council wish the Equestrian Committee to have a role in reviewing Nonconformity Statements? The consensus was no Does the City Council, wish to deal with disputed nonconformities that cannot be verified with "hard" evidence? The consensus was yes. Does the City Council wish to give staff direction to finalize the "verified" statement first before dealing with the "un- verified" or "non- verified statements? The consensus was yes, and staff was requested to provide a process for Council to review the other statements. Does the City Council wish to give Staff and /or the Pony Club direction regarding the process for any future relocation? The consensus was for the City Attorney and staff to City Council Minutes July 20, 1999 Page 7 devise a different type of permit, which the Pony Club could take with it to the new location, rather than having the permit run with the land. Recess and Reconvene: At 9:50 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 10:02 P.M. Ocean Trails — Geology discussion (1203 x 1411) City Manager Evans presented the staff report of July 20, 1999 and the recommendation to receive oral landslide status report from the City geologists and receive public testimony. Bill Cotton, engineering geologist from Cotton Shires, explained posted drawings illustrating the investigation to date, and answered Council questions. Ray Green, 3200 La Rotonda Drive, #406, said that he lives south of slide C at Ocean Terraces; asked that the storm drains empty into covered pipes going directly to the ocean not into the canyon in front of Ocean Terraces; and, was concerned more about irrigation for the residences rather than for the golf course. Major Cohn, 4015 Exultant Drive, said that he lives in the Seaview Homeowners Association area above Palos Verdes Drive South and Ocean Trails; asked how much of Palos Verdes Drive South was landfill; stated that he had seen water running over the highway between Forrestal and South Shores, no drains being apparent; was concerned about his access to work if the highway was disabled and traffic impact when the golf course has big event Uday Patil, 4011 Palos Verdes Drive South, a representative of Seaview Homeowners Association, explained that, as a geotechnical engineer, he believed that the preparation of a water control plan at this time is not practical and that the project should have been designed so that irrigation control was not so critical and he discussed margins of safety, stating that it was not too late to stabilize the bluff. Loretta Forteza, 4021 Via Larga Vista, Palos Verdes Estates, CA 90274, read a written statement supporting the Ocean Trails project, stating that it was created within legal environmental boundaries. Jeffrey Thatcher, 4105 Seahorse Lane, considered Ocean Trails a environmental disaster, discussing risk to current homes, drastic elevation changes, death of wildlife; destruction of trails and the tidepools; creation of fissures; and, loss of coastal access. (A copy of Mr.Thatcher's written statement is on file in the City Clerk's Office.) City Council Minutes July 20, 1999 Page 8 Mike Sribney, 32415 Nautilus Drive, asked if there was landslide insurance, did Ocean Trails have it, and could residents take advantage of benefits if more movement damaged their homes. He questioned why homes should be built on the Ocean Trails property if residential overwatering was difficult to control and the dangerous location of trails on the bluffs. Lois Larue, 3136 Barkentine Road, discussed traffic impact from the project and possible solutions; the cracking on Palos Verdes Drive South and whether a sewer pipe contributed to the problem as it may have regarding the landslide. City geologist Jim Lancaster made a presentation regarding the condition of Palos Verdes Drive South from La Rotonda Drive to the city limits. He said the sewer pipe at Ocean Trails and the one along Palos Verdes Drive South were different lines, different types, and maintained by different agencies. Chip Zelt, 4100 Seahorse Lane, read a written statement expressing his concern about a risk to human life from another potential rapid landslide and the possibility of higher taxes. He suggested that Ocean Trails indemnify the City and all homeowners property 9g from liability, and that a portion of the golf fee pays the cost of insurance for this purpose. John Hussey, 4184 Maritime Road, President of Portuguese Bend Club Community Association East Tract 16540, said that the board of his association urged the City and the developer to find responsible solutions to go forward with the project but to water plants enough to establish them to prevent soil erosion and slope failure Stephen Stewart, 4164 Maritime Road, a member of the same board of Mr. Hussey's homeowners association, said that he felt that the abandonment of this project would be detrimental to the City and to residents who were concerned about protecting their homes and avoiding more landslides. He said that the sewer pipe near his home had been inspected with a video camera and he saw what looked like shelves on each side of the interior of the pipe that appeared to be debris. He was concerned that the old pipe was being held together by the ground and if the ground collapsed so would the pipe. He suggested that the pipe be replaced. Jim Stahl, from the Los Angeles County Sanitation District, said that inspection of the pipe indicated that it was in good shape and that another representative from the Sanitation District who was present could provide more information. John Redner, also from the Sanitation District, said that the Sanitation District's line is City Council Minutes July 20, 1999 Page 9 about 40 years old and that the estimated life was another 40 years. He explained procedures to keep the pipes free of debris and corrosion. He speculated that the "shelves" might be near a manhole but said that he would look at the tape and communicate with residents Brian Schatz, 3200 La Rotondo, a member of the Ocean Terraces Homeowners Association Board, said that his association had four points to relay. (1) Most of the 100 units at Ocean Terraces believe this project is a benefit to them and to the City. (2) Stop work order discussion should be halted; they have met with Mr. Zuckerman and found him to be accessible and responsive. (3) They are requesting a video camera evaluation of the interior of the sewer pipes and are especially concerned with the one in front of their buildings. (4) They would like to know the degree of risk to which they are exposed; do not have the technical or financial resources to know what is needed; and, are relying on the City to provide wells, drilling, etc. They are concerned that side effects of the repair of the damage might worsen the situation. Ken Zuckerman, 1 Ocean Trails Drive, representing Ocean Trails, said that he has acted responsibly, would continue to do so, and would move as diligently and quickly to complete the investigation of the slide. He said that they had canvassed the United States to find seven drilling rigs; that he was pleased with the cooperation of the City and the geologists and gave them complete access to determine a solution and to proceed with the building of all planned amenities. He said that the trails were located along the bluff because that's where people wanted to walk, with or without trails, and that the Coastal Commission would require the restoration of all trails. He stated that the plans for repositioning Palos Verdes Drive South were in final plan check and the work should be finished in the next few months. The Mayor indicated that another report would be scheduled when further information was available. Landslide Moratorium Exception_ Permit No. 26 (1203 X 1801) Staff recommendation was to grant landslide moratorium exception Permit No. 26, thereby allowing the landowner to proceed with the appropriate applications for foundation repair and room additions to the property at 101 Spindrift Drive. Lois Larue, 3136 Barkentine Road, said that the areas in which sewers were to be installed was usually described inaccurately and she suggested that the quality of photographs in the staff reports be improved. Council discussion focused on the fact that if a holding tank is not installed and the City Council Minutes July 20, 1999 Page 10 sewers do not go in, there will be nothing to hook up to. The house would then have to be partially demolished to install the holding tank. Council consensus was that repair of the foundation was important but that the total of 12 plumbing fixtures would be difficult to justify because of soil conditions. Mayor pro tem Byrd moved, seconded by Councilmember Lyon, to adopt staff recommendation, which was amended to include the requirement for a holding tank if the sewers do not go in, and to delay the issuance of a building permit until sewer construction begins. Sally Marone, 101 Spindrift Drive, agreed with the conditions if she was allowed to proceed to get permits because she said the house needs to be made habitable. Motion carried. APPOINTMENT OF CHAIR TO THE VIEW RESTORATION COMMISSION (106 X 301 X 1806) City Clerk Purcell presented the staff report of July 20, 1999 and the recommendation to (1) accept the resignation of Marianne Kipper from the View Restoration Commission and appoint a new Chair to serve until December 1999, (2) appoint one of the present alternate members to regular member status, (3) defer recruitment of a new Commission alternate until the regular recruitment for commission and committee members is conducted at the end of this year. Councilmember Lyon moved, seconded by Mayor pro tem Byrd, to accept the resignation of Marianne Kipper. Motion carried. Councilman McTaggart moved, seconded by Councilmember Lyon, to appoint alternate Neva Drages to regular member status and to defer recruitment for another alternate until the end of this calendar year. Councilmember Lyon moved, seconded by Councilwoman Ferraro to nominate Thomas Long as Chair of the View Restoration Commission AUDIENCE COMMENTS: Lois Larue, 3136 Barkentine Road, spoke about the groundbreaking at PVIC; the possibility of an award to be given to residents moving from the area who have served the community; signs to say Rancho Palos Verdes at scenic turnouts in the City; and the legality of paint ball guns in the City. City Council Minutes July 20, 1999 Page 11 ORAL CITY COUNCIL REPORTS: Mayor Hollingsworth commented that the PVIC groundbreaking had been a wonderful event and well attended. REPORT ON CLOSED SESSION: City Y Attorne Lynch reported that the Council unanimously authorized the purchase of easements indicated on the closed session checklist; authorized payment of $150 per parcel for review and acceptance of the easement for the street rights -of -way. ADJOURNMENT: Adjourned at 12:30 A.M. on motion of Councilmember Lyon ATTEST: 19990720.CCMIN City Council Minutes July 20, 1999 Page 12