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CC MINS 19990817MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING August 17, 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 7:07 P.M. AM. 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; City Clerk/Administrative Services Director Jo Purcell; Senior Planner Greg Pfost; Sr. Administrative Analyst Lauren Ramezani; and, Recording Secretary Jackie Drasco. APPROVAL OF AGENDA: Councilwoman Ferraro moved, seconded by Councilman McTaggart, to approve the agenda with two items continued: Appeal of the Issuance of a Notice and Order to Abate a Public Nuisance, at the request of the applicant; and Ocean Trails, for further review by the City Attorney. RECYCLING DRAWING The winner from the previous drawing was Mark Oleksak, who would receive a check for $250, representing a year of free refuse service. Another card was selected. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine Road, spoke to the minutes of July 19 and August 3. She asked for a clarification of the details of the Finance Department report on the Portuguese Bend Club loan. City Manager Evans explained that no interest was being charged on the loan because the Portuguese Bend Club was located with the City's Redevelopment Area and it was believed that installation of sewers in place of thee septic tanks would benefit the City by stabilizing the land; that interest would be charged if payments were missed, homeowners association member were being assessed to repay the loan; and that the association was contributing funds from its treasury as well as from a Small Business Administration loan. Mayor pro tem Byrd moved, seconded by Councilmember Lyon, 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 20 and August 3, 1999. Replacement of Carpet at City Hall (1204) (1) Awarded a contract for the City Hall Carpet Replacement Project for the contract bid amount of $32,055.10; authorized staff to spend an additional $1,944.90 for a change order budget for a total authorization of $33,500.00; and, (2) Authorized the Mayor and the City Clerk to execute a contract with Carpet Manor, Inc. Fiscal year 1999 -2000 Residential Street Overlay and Slurry Seal Projects (1204 X 1404) (1) Awarded a contract for the construction of the FY 1999 -2000 Residential Street Overlay and Slurry Seal Projects to Sequel Contractors, Inc. for the contract bid amount of $1,277,603.50; authorized staff to spend an additional $62,396.50 for potential change orders for a total authorization of $1,340,000; and, (2) Authorized the Mayor and the City Clerk to execute a contract with Sequel Contractors, Inc. Construction Loan Agreement with the Portuguese Bend Club Homeowners Association (602 X 1900) Authorized the Mayor and the City Clerk to execute the attached amendment to the loan agreement between the City and the Rancho Palos Verdes Redevelopment Agency. Resol. Nos. 99 -65 and 99 -66 - Continuing Appropriations and budget Reductions (602) City Council Minutes August 17, 1999 Page 2 (1) Adopted RESOLUTION NO. 99-65, AMENDING RESOLUTION NO.99 -41, THE BUDGET APPROPRIATION FOR FY 1999 -20001 TO CONTINUE CERTAIN EXPENDITURE APPROPRIATIONS FROM FY 1998 -1999. (2) Adopted RESOLUTION NO. 99-66, AMENDING RESOLUTION NO. 98-47, THE BUDGET APPROPRIATION FOR FY 1998 - 19991 TO REDUCE THE BUDGET FOR CONTINUING APPROPRIATIONS AND FOR CERTAIN PROJECTS WHICH WERE REBUDGETED IN THE FY 1999 -2000 BUDGET Release of Bonds for Vantage Pointe Development (1204) Authorized the Director of Public Works to release bonds posted by Cayman Development Company for Crest Road median improvements. Resol. No. 99 -67 - Register of Demands (602) Adopt Resol. No. 99-67, A RESOLUTION OF THE CITY COUNCIL 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 Long Point (I 101 X 1804) Councilman McTaggart presented his report of August 17, 1999 and the recommendation to let the processing of the Long Point Project proceed after clarification of the following issues: (1) Should the residential component be eliminated; (2) Should the usage of public property for a golf course be minimized. (3) An impartial financial analysis of the impacts of the project should be submitted to the City and reviewed by Council. He summarized his report on what he felt were the myths and truths about this project. (A copy of Council McTaggart's statement is on file in the City Clerk's Office) Councilman McTaggart moved to hold a public workshop to clear the air regarding misconceptions about the Long Point project. City Council Minutes August 17, 1999 Page 3 Council discussion centered on the requirement that the City Council consider all projects put before them and stressed that they had not received a completed application with sufficient detail to seriously consider this project. Barbara Gleghorn, 28850 Crestridge Road, said that she was representing 1,666 Rancho Palos Verdes residents and over 500 Peninsula residents who signed a petition urging the City Council to retain all public land for public use or open space. She referred to the original Save our Coastline group (SOC) which helped incorporate the City and said that she was part of a newly formed SOC II group, which opposed public land being considered for the Long Point project. She felt that the golf course would have expensive fees and that it would cause hikers to wait until after golf was finished (most likely after dark) to use the trails. She said that the City Attorney had said that the City, as a landowner, had the ability to include or exclude City -owned property in this project and she requested that the Council exclude it. Bridget Heller, 9 Fruit Tree Road, said that she understood there were underground emergency equipment put in place by the military in the event of a disaster and she wondered how this equipment would be affected. Barbara Epstein, 21 Moccasin Lane, Rolling Hills Estates, CA 90274, stated that even though she was not a resident of Rancho Palos Verdes, she felt she had a right to participate in the discussion because the land adjacent to City Hall was land given to the City by the Federal government for general public use, not just RPV residents. Jerry Ridgeway, 3420 Gulfcrest Drive, thanked the Council for the presentation; felt it clarified a few things; and was in favor of publicizing all of Councilman McTaggart's comments. He felt that the use of public property for a golf course should be minimized. Jim Hathaway, 28955 Crestridge Road, said he was hoping to have open space, trees, animals preserved for his daughter and found it hard to put monetary concerns ahead of these irreplaceable aspects of the City. He was concerned about another landslide such as the one at Ocean Trails and suggested that the developer obtain liability insurance. Holly Cain, 52 Avenida Corona, said that she was a member of the SOC II group; was unhappy that on a walk on bluffs near Ocean Trails she now encountered guards and fences. She urged the Council to minimize the use of public land for this project. Don Shults, 2129 Velez Drive, speaking on behalf of Doug Stern, read from a letter City Council Minutes August 17, 1999 Page 4 from the Rancho Palos Verdes Council of Homewners Associations submitted to the City. Mr. Shults requested that the Council preserve open space. (A copy of Mr. Stern's letter is available in the City Clerk's Office) Jim Knight, 5 Cinnamon Lane, expressed hope that his daughter would have habitat to enjoy and urged to Council to preserve public land. Lois Larue, 3136 Barkentine Road, expressed appreciation of Councilman McTaggart's comments; questioned some of the details; and, asked for an explanation of "plan of utilization" and referendum in reference to this project. In response, City Manager Evans stated that the City was required to submit this plan to the Department of Interior for the use of the public land deeded to the City. City Attorney Lynch responded that the voters have 30 days after an ordinance is adopted to circulate a petition requested that the ordinance be placed on a ballot. Mr. J. Flynn, Palos Verdes Estates, discussed movement of a trail. He suggested that the Council obtain a balance sheet from the developers and anyone else involved in the project Ann Shaw, 30036 Via Borica, said that without the support of the other Peninsula cities, Rancho Palos Verdes would not have been incorporated and said that she would rather keep the Utilities Users Tax than lose public land. Further Council discussion focused on acknowledgement of the assistance of other local cities; appreciation of the citizens who had signed the petition requesting that the Council retain public land; and, the frustration of dealing with too few facts and too many rumors concerning this project; Mayor pro tem Byrd seconded the motion with the amendment that a date for a public workshop be set at the September 7 meeting if the newspapers had not printed Councilman McTaggart's statements. Motion carried. Recess and Reconvene: At 8:40 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 8:55 P.M. PUBLIC HEARINGS: City Council Minutes August 17, 1999 Page 5 Appeal of Variance No, 450, Height Variation No. 883, and Site Plan Review No. 8563 (1203 X 1804) Mayor Hollingsworth opened the public hearing on this request for an appeal of Variance No. 450, Height Variation No. 883, and Site Plan Review No. 8563 at 2 Stallion Road. City Clerk Purcell announced that notice had been duly published and that all protest letters had been included in the agenda packet Assistant Planner Louie presented the staff report of August 17, 1999 and the recommendation to adopt the propose resolution denying the applicant's appeal, thereby upholding the Planning Commission's approval of a 2,687 square foot 1st and 2 "d story addition which measures 2110' in height, exceeds the maximum structure size by 25 %, reduces the non - conforming lot coverage from 58.1 % to 56 %, and includes two roof decks. Dennis Juett, appellant, 2 Surrey Lane, asked for clarification of the height of the proposed project. He said that he was not opposed to a second story, roof decks or balconies but wanted the ridgeline as low as possible to maintain his view. He presented a photo board with three roof alternatives to lower the height. Bob Adams, 5 Surrey Lane, objected to the project because of the lack of neighborhood compatibility. He stated that the Planning Commission rejected the original plan and the applicant reduced the square footage a token amount. Carl Mosher, 2 Stallion Road, applicant, explained that his original plan was rejected by the Planning Commission. He worked closely with staff to resolve concerns and the Planning Commission approved the redesign. Gary Tasich, 21014 Wood Avenue, architect representing the applicant, stated that the appellant had a 180- degree view which would be diminished only slightly by this project and he felt that the larger home was indicative of the natural transition of this neighborhood from older, smaller homes. Mr. Tasich provided additional information requested by the Council such as the fact that a reduction in ridgeline over the six inches already provided could be accomplished only by rebuilding the house currently on a foundation on a slab which would eliminate the desired crawl space. He said that he had not seen the photo board provided by the appellant and agreed to study it before he made further comments. George Dambroski, 3637 Greve Drive, general contractor for the appellant, said that there would be little cost to flattening the roof; there was enough slope to prevent City Council Minutes August 17, 1999 Page 6 ponding, and the roofing material would provide a long Fife and an appealing appearance of the roof if applied correctly. Council discussion then centered on the impact to the applicant's views. After studying the photo board, Mr. Tasich said the homes in the photographs have different characteristics than the proposed project and that the modification would not be aesthetically pleasing. More Council comments dealt with the appearance of flat roofs, the applicant's offer to remove a tree to enhance the view, and the fact that there might a way to reduce the home by the one additional foot requested by the appellant. Mayor Hollingsworth closed the public hearing. Mayor pro tem Byrd moved, Councilmember Lyon seconded, to deny the appeal The motion failed on the following roll call vote: AYES: Lyon and Byrd NOES: McTaggart, Ferraro, and Mayor Hollingsworth Mayor Hollingsworth moved, seconded by Councilwoman Ferraro, to ask the involved parties to work together for a height reduction. Mayor Hollingsworth re- opened the public hearing. Mr. Tasich returned to the podium at the request of Council and said that he felt three to four inches was the maximum reduction which could be accomplished. After further Council discussion of view impairment and further height reduction, the appellant's architectural engineer was called forward. Joseph Trani, 3493 Newridge Drive, architectural engineer representing Mr. Juett, believed a One -foot reduction could be accomplished by one of the three alternatives presented on the appellant's photo board. Mayor Hollingsworth's motion was amended to request that the applicant reduce the height by one foot. Mayor Hollingsworth closed the public hearing. City Council Minutes August 17, 1999 Page 7 The motion carried on the following roll call vote: AYES: Ferraro, MCTaggart, and Mayor Hollingsworth NOES: Lyon and Byrd City Attorney Lynch said that the resolution would be brought to the meeting on September 7, 1999. Resol. No. 99 -68 - An Appeal of the Planning Commission's approval of Tentative Parcel Map No. 4679 (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. 4679 at 5251 Rolling Ridge Road. City Clerk Purcell announced that notice had been duly published and that all protest letters had been included in the agenda packet Mayor Hollingsworth recused himself from discussion of this item because he is acquainted with the parties. Mayor pro tem Byrd presided. Associate Planner Mihranian presented the staff report of August 17, 1999 and the recommendation to adopt the proposed resolution acting on an appeal of the Planning Commission's approval of Tentative Parcel Map No. 24679 for a proposed lot split of a 65,394 square foot lot. Debra Pole, 5241 Rolling Ridge Road, adjacent property Owner, said that the proposed lot split would destroy the rural character of the neighborhood; that there was ample legal support to uphold the appeal; that the proposed tentative map was incompatible with Policy 17 of the Urban Element of the City's General Plan; and, that denying the appeal would encourage further lot splits. Charles Williams, 3508 Via Campesina, spoke in opposition to the lot split, citing the value of open space. Douglas Trowbridge, 5333 Rolling Ridge Road, stated that he was opposed to any division of the subject property. Kevin Kemper, 550 S. Hope Street, Los Angeles, CA 90031, attorney representing appellants Debra Pole and Bob Brown, said that the categorical exemption was insufficient and that further environmental review with an initial study was needed for potential impacts; quoted supporting language from CEQA; and, stated that the City Council Minutes August 17, 1999 Page 8 proposed lot split was. inconsistent with the General Plan. Jack Graux, 5317 Rolling Ridge Road, said that he had lived in his home since 1951 and wanted to maintain the rural character of the neighborhood. Helen Graux, 5317 Rolling Ridge Road, stated that she wanted to avoid the stress from noise and cars and maintain the beautiful views and the peaceful atmosphere of their neighborhood. Richard Johnson, 5383 Rolling Ridge Road, said that he was opposed to any subdivision; wanted to maintain the rural neighborhood; and, believed the proposed lot split was inconsistent with the General Plan. Bob Bothner, 5040 Palos Verdes Drive North, Palos Verdes Estates, CA 90274, said that he had a two -acre lot across the street at the rear of the subject property and that he agreed with the previous speakers. Council clarified that the resolution had not been approved and the decision was not final until then. City Attorney Lynch commented on the legal aspects of the proposed lot split, including the Council's determination of consistency with the General Plan; environmental review; and the strength of the covenant signed by Mr. Florance to prevent further lot splits of this property. Mayor pro tem Byrd closed the public hearing. Mayor pro tem Byrd moved, seconded by Councilwoman Ferraro to allow the lot split with a covenant to prevent a further lot split at this site; adopting RESOLUTION 99-68 ACTING ON AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF TENTATIVE PARCEL MAP N0.24679 FOR A PROPOSED LOT SPLIT OF A 651394 SQUARE FOOT LOT, AS REVISED. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, and Lyon NOES: McTaggart ABSTAIN: Mayor Hollingsworth Mayor Hollingsworth returned to the dais. City Council Minutes August 17, 1999 Page 9 Recess and Reconvene: At 10:15 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 10:52 P.M. Appeal of the issuance of a Notice and Order to Abate a Public Nuisance at 2611 Colt Road (1203 X 1701) Mayor Hollingsworth opened the public hearing on this request for appeal of the issuance of a notice and order to abate a public nuisance at 2611 Colt Road. City Clerk Purcell announced that notice had been duly published and that no protest letters had been received by the City. Staff recommendation as to receive testimony from Mr. Goodrich and all interested parties and provide Staff with direction regarding removal of the dumped material from Mr. Goodrich's property, and that portion that has encroached upon Mr. Bowling's property. Consensus was to continue the public hearing to September 7,'1999. REGULAR BUSINESS: Ordinance No. 351 U - Adoption of an urgency ordinance placing a moratorium on future subdivisions south of Via Campesina, north of Rolling Ridge Road (1203) Associate Planner Mihranian presented the staff report of August 17, 1999 and the recommendation to adopt the propose ordinance placing a 45 -day moratorium on all subdivision applications while staff analyzes the possibility of a zone change for the area located north of Rolling Ridge Road, south of Via Campesina, west of Palos Verdes Drive North and east of the Grandview Park. Council discussed the size and boundaries of the area in question. City Attorney Lynch opined that the area was large enough to avoid the charge of illegal spot zoning and believed that findings could be made for re- zoning because of the unique area with limited access. Debra Pole, 5241 Rolling Ridge Road, requested that the Council impose a moratorium on subdivision and consider a zoning change to preserve rural ambience. John Bowler, 3456 Via Campesina, urged the Council to retain current zoning and requested that his lot split to be heard before the Planning Commission as scheduled City Council Minutes August 17, 1999 Page 10 on August 24, 1999. Kevin Kemper, attorney representing Debra Pole and Bob Brown, 550 S. Hope Street, Los Angeles, CA 90031, stated that he believed it was critical that the Council adopt the moratorium to allow staff time to investigate the possibility of a zone change to preserve the rural nature of neighborhood. He felt that applications for other lot splits would likely be forthcoming. Council discussion focused on the limited impact that would be created by a zone change on property owners of non - conforming lots; the need for an assessment from realtors for the impact on property values with the creation of non - conforming lots and that a q uestionnaire requesting input should be sent to property owners in the vicinity. Councilwoman Ferraro moved, seconded by Councilmember Lyon, to accept staff recommendation but to exempt applications in progress and include only the subject of lot divisions in the moratorium. Motion carried. Councilman McTaggart moved, seconded by Councilmember Lyon, to adopt ORDINANCE NO. 351 U, PLACING A MORATORIUM ON ALL SUBDIVISION APPLICATIONS WHILE STAFF ANALYZES THE POSSIBILITY OF A ZONE CHANGE FOR THE AREA LOCATED NORTH OF ROLLING RIDGE ROAD, SOUTH OF VIA CAMPESINA, WEST OF PALOS VERDES DRIVE NORTH AND EAST OF THE GRANDVIEW PARK, AS AMENDED. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None Ocean Trails —Final Map No. 50667 (1203 X 1411) The consensus was to continue this item to September 7, 1999. FY 1998 -1999 Recycling Grant Award (Cycle 10) (1204 X 1301) Staff recommendation was to (1) award 31 grants totaling $71,389.23 as shown in Exhibit "A" of the staff report; and, (2) Authorize the installation of Homeowner Association signs and walls within the public right -of -way. After discussion, Council directed staff to clarify a possible duplication of Grants No. 1 and 15 and to re- submit Grant No. 182 as a Consent Calendar item in 60 days. City Council Minutes August 17, 1999 Page 11 Mayor Hollingsworth so moved, seconded by Councilmember Lyon. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None Scheduling of a Joint Meeting with the Planning Commission (307 X 1101 X 1203) City Manager Evans presented the staff report of August 17, 1999 and the recommendation to schedule a joint meeting with the Planning Commission on a date to discuss a Senior housing Development Proposal. After a discussion, consensus was to hold the meeting on Saturday, August 28, 1999 from 9:30A. M.to 12 Noon at Hesse Park and to include other possible topics. AUDIENCE COMMENTS: Lois Larue, 3136 Barkentine Road, Lois, described her participation in the circulation of a petition supporting retention of all public land for general public use. REPORT ON CLOSED SESSION: City Attorney Lynch reported that no action was taken. ADJOURNMENT: Adjourned at 11:10 P.M. to 6:00 PM on August 19 for the Council's attendance at Congressman Kuykendall's townhall meeting on motion of Mayor Hollingsworth. ATTEST: CITY_ CLERK 1999 17CCMIN City Council Minutes August 17, 1999 Page 12