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CC MINS 19990907MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING September 7, 1999 The meeting was called to order at 6:00 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; City Clerk/Administrative Services Director Jo Purcell; Senior Planner Greg Pfost; Senior Administrative Analyst Park; Project Coordinator. Emmanuel Ursu; and, Recording Secretary Jackie Drasco. CEREMONIAL MATTERS:(1101 X 304) Presentation of 25th Anniversary Video by PV on the Net Ted Vegvari of Palos Verdes on the Net presented the City Council members complimentary copies of the 25th Anniversary video produced by his group. He said that he enjoyed working with the City founders and staff and that proceeds would help offset the production costs. Councilmembers expressed their delight at the result and thanked Mr. Vegvari. Support Your School Month Mayor Hollingsworth said that, at the request of the Peninsula Education Foundation, he was proclaiming the month of October as Support Your School Month. RECYCLING DRAWING(1204 x 1301) The winner from the previous drawing was Ann Shaw, who would receive a check for $250, representing a year of free refuse service. Another card was selected. APPROVAL OF AGENDA: Councilwoman Ferraro moved, seconded by Councilman McTaggart, to approve the agenda as presented. Motion carried. APPROVAL OF CONSENT CALENDAR: Mayor Hollingsworth asked that the Composting rebate policy item be removed from the Consent Calendar to be discussed separately before the public hearing. Mayor pro tem Byrd moved, seconded by Councilmember Lyon, to approve the Consent Calendar, as follows: Minutes(301) Approved the minutes of July 19, 1999 as amended. Request to join the City of San Francisco amicus brief regarding local power to regulate cable systems(103 x 1101) Authorized the City Attorney to add the City of Rancho Palos Verdes to the friend -of- the -court brief being prepared by the City of San Francisco in the case of Portland v. AT &T. FY 1998 -99 Recycling Revenue Grant Awards (Cycle 10)(1204 x 1301) Awarded the following recycling grant awards: $2,299 to the Island View Homeowners Association; and a grant in the amount of $1,486 to the Island View Terrace Homeowners Association. Claim against the City by John R. Hanson(301 x 303) Rejected the claim and directed the City Clerk to notify the claimant. July 1999 Treasurer's Report(602) Received and filed the July 1999 Treasurer's Report for the City of Rancho Palos Verdes. Urban Forestry tree planting program(1204 X 1407) (1) Awarded a contract for the Urban Forestry Tree Planting Program for City parks and City Council Minutes September 7, 1999 Page 2 public rights -of -way to West Coast Arborists, Inc., for the bid amount of $30,270; and, (2) Authorized the Mayor and the City Clerk to execute a contract with West Coast Arborists, Inc. Resol. No. 99 -69 - - Register of Demands(602) Adopt Resol. No. 99-69 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 Composting rebate policy(1204 X 1301) Staff recommendation was to approve revisions to the City's composting rebate program. Council discussion included the effect, if any, composting would have on the percentage of diversion required by the year 2000 and the benefit of adding additional retail locations to purchase the compost bins with a rebate paid by the City. Council consensus was to approve staff recommendation. PUBLIC HEARINGS: Appeal of the issuance of a Notice and Order to Abate a Public Nuisance (1203 X 1701) Mayor Hollingsworth stated that this was a continued public hearing from the August 171 1999 meeting on a request to hear the appeal of the issuance of a notice an Order to Abate a Public Nuisance at 2611 Colt Road by property owner Kent Goodrich. Staff recommendation was to (1) Consider the request by Mr. Bowling to continue this matter to October 19t''; and, (2) If not continued, receive testimony from 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 onto Mr. Bowling's City Council Minutes September 7, 1999 Page 3 property. Staff reported that they had received a request from Mr. Bowling to continue the public hearing to October 19, 1999. Michael Geibel, 2029 Century Park East, 34th Floor, Los Angeles, CA 90067, attorney for Mr. Goodrich, said that all speakers could return on October 19 even though the preference was to resolve this matter at this time. Mayor pro tem Byrd moved, seconded by Councilmember Lyon, to continue the public hearing to October 19, with no more continuances. Motion carried. REGULAR BUSINESS: Final Tract Map No. 50667 for the Ocean Trails Project (Ocean Trails LP) (11203 X 1411) Senior Planner Pfost presented the staff report of September 7, 1999 and the recommendation to (1) Approve the Final Tract Map and the Subdivision Agreement for Tract No. 50667 and accept dedications and easements for roadway and utility purposes, but reject dedication of open space lots and trail easements; and (2) authorize the City Clerk to sign the Final Map and authorize the Mayor and the City Clerk to sign the Subdivision Agreement. The Council reviewed the effective date, purpose, amount, and duration of the maintenance. Ken Zuckerman, Ocean Trails Drive, expressed thanks to his staff and the city staff who had worked together to meet all the City's conditions. He stated that he had held a press conference that afternoon to announce the findings to date regarding the landslide and that he was prepared to give a visual presentation at the meeting and at a public meeting the following night. Geologist Scott Magorien, representing Ken Zuckerman, presented a demonstration illustratin g a summary of events since the June 2 landslide and the repair proposed by the Ocean Trails geologists. Mr. Magorien answered questions regarding the clay cap, stating that his test indicated that the clay cap was installed and functioning as it was designed. Geologist Mark Schlueter, also representing Ken Zuckerman, stated that he was City Council Minutes September 7, 1999 Page 4 standing nearby when the slide began, and described what he saw. He speculated that a leak in the sewer line caused the slide. Jim Randall, 27415 Larchbluff, spoke to the timing of the restoration regarding the trails, tidepools, and the surfing spot below the golf course. He said that there was world - class winter surfing at this location and the Surfrider Association had become involved in the restoration of this resource. He acknowledged that Ocean Trails had retained a consultant on surf restoration and hoped to correct this loss before the winter swells arrived. Further Council discussion focused on the involvement of the L.A. County Sanitation District, which had no objection to approval of the tract map, and the fact that the sewer line in Tract 20667 was not damaged. Mayor pro tem Byrd moved, seconded by Councilmember Lyon, to approve the final map and the subdivision agreement. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None Recess and Reconvene: At 8:10 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 8:28 P.M. Resol. No. 99 -70 - Height Variance No. 450 (1203 X 1801) Director Rojas presented the staff report of September 7, 1999 and the recommendation to adopt the proposed resolution granting the appeal, thereby modifying the Planning Commission's approval of Variance No. 450, Height Variation No. 883, and Site Plan Review No. 8563 for construction of a 2,687 sq. ft. first and second story addition with a maximum height of 20' 10", which exceeds the maximum structure size by 25 %, reduces the non- conforming lot coverage from 58.1 % to 56 %, and includes two roof decks on property located at 2 Stallion Road. Mayor pro tem Byrd moved, Councilmember Lyon seconded, to ADOPT RESOLUTION NO. 99 -701 A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES, GRANTING THE APPEAL, THEREBY MODIFYING THE PLANNING COMMISSION'S APPROVAL OF VARIANCE NO. 450, HEIGHT VARIATION NO. 883, AND SITE PLAN REVIEW NO. 8563 FOR CONSTRUCTION OF A 27687 SQ. FT. FIRST AND SECOND STORY ADDITION WITH A MAXIMUM HEIGHT OF 20' 10 ", WHICH EXCEEDS THE City Council Minutes September 7, 1999 Page 5 MAXIMUM STRUCTURE SIZE BY 25 %, REDUCES THE NON - CONFORMING LOT COVERAGE FROM 58.1% TO 56 %, AND INCLUDES TWO ROOF DECKS ON PROPERTY LOCATED AT 2 STALLION ROAD. Request for de- annexation — Yellow Brick Road (1203) City Manager Evans presented the staff report of September 7, 1999 and the recommendation to receive the petition and advise staff what additional information the Council would like to have prior to deciding what action, if any, to take on this request. The Council discussed the cost of staff time for this proposed de- annexation, rezoning issues, and the estimated duration of the process. William Slagg, 5287 Rolling Ridge Road, was opposed because of the loss of the view restoration process, imposition of Palos Verdes Estates architectural rules, and the requirement for property owners to donate land for City parkland under certain conditions. Jack Graux, 5317 Rolling Ridge Road, said that he had enjoyed the open space and quiet in the neighborhood for over 50 years and that he was opposed to the de- annexation. David Robert, 5 Yellow Brick Road, stated that he had recently moved to the neighborhood, had seen no sheriff's vehicles in the area, and believed that this part of Rancho Palos Verdes, which was surrounded on three sides by Palos Verdes Estates, should be de- annexed to that city. Jim Ryan, 8 Yellow Brick Road, circulator of petition, said that he had started on this project in 1993 and stated that he was not unhappy with Rancho Palos Verdes but only proposed this solution because of the location in a remote part of the City. He defined the area on a posted map and said that a resident in this neighborhood had to drive 1 '/z miles just to get to other RPV streets; and, that it seemed the area was not intended to be part of the City because of the natural flow of the land. He explained that services in Palos Verdes Estates were closer and that some residents had problems with mail delivery unless they used the PVE zip code of 90274. Mr. Ryan described the procedure required by LAFCO and said that concerns about loss of horse property had been addressed by the Mayor of Palos Verdes Estates, who said that horses would be allowed as long as the title remained the same and that tile roofs and approval of the art jury would not be required unless a remodel was proposed. Surjit Kalsi, 3410 Via Campesina, said he lived across the street from the Palos Verdes City Council Minutes September 7, 1999 Page 6 Country Club, which was noisy until late at night, and that he hoped being part of Palos Verdes Estates might help provide an improvement. Stephen Wertheimer, 3440 Via Campesina, opposed the de- annexation; was concerned about the loss of value if he sold his horse property without the new owner being allowed to keep horses; and, that he had no problem with mail or other services. Michael Bowler, 3456 Via Campesina, feared the loss of value if he sold his horse property and said that he would be less concerned if that issue was resolved. Lois Larue, 3136 Barkentine Road, recalled the period before the City of Rancho Palos Verdes was founded and the requests to be part of Palos Verdes Estates or Rolling Hills Estates. Council discussion centered on view restoration and view covenants; loss of zoning for horse property; the possibility of a tile roof requirement; architectural approval by the Art Jury; the sequence of events to complete the process; the importance of informing residents in the neighborhood of the possible changes if the de- annexation took place; and, the need to receive answers from PVE regarding these possible changes. Mayor pro tem Byrd moved, seconded by Councilwoman Ferraro, to receive the petition and allow the process to move forward. Recess and Reconvene: At 9:27 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 9:40 P.M. City Attorney Lynch clarified that the Rancho Palos Verdes Council could still oppose the de- annexation within 30 days after the Palos Verdes Estates hearing. The motion carried. Drainage improvements in Portuguese Bend(604 X 1101) City Manager Evans presented the staff report of September 7, 1999 and the recommendation to authorize staff to coordinate a one -time trial landslide drainage improvement project in cooperation with the Portuguese Bend Homeowners Association at a cost. not to exceed $10, 000. Council discussed the location to which drainage would flow; the source of funding, the benefit of reduction in maintenance costs; and, the homeowners association responsibility to perform grading after the City relocated the soil. City Council Minutes September 7, 1999 Page 7 Lois Larue, 3136 Barkentine Road, asked for clarification of the name of the City Geologist, stating that many geologists seem to share this designation; requested the location from which the fill would come, with alternate locations provided; and described her visit to the property of one resident in this area. City Manager Evans explained that there actually were three City Geologists, Perry Ehlig, Jim Lancaster from Zeiser Kling, and the firm of Bing Yen & Associates and they were used according to the various projects which needed their specific expertise. Councilman McTaggart moved, seconded by Mayor pro tem Byrd, to authorize staff to coordinate a one -time trial landslide drainage improvement project in cooperation with the Portuguese Bend Homeowners Association at a cost not to exceed $10,000. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None Resol. No. 99 -71 - Salary Resolution — Position of Deputy City Clerk for Administrative Services Department (301 X 1101 X 1202) Senior Administrative Analyst Park presented the staff report of September 7, 1999 and the recommendation to adopt the proposed resolution amending Resolution No. 99 -42, creating a certain salary range for the position of Deputy City Clerk. City Manager Evans elaborated on the need for this position, described some expected duties, including taking City Council minutes. He explained that there would not be an increase in the number of personnel. Lois Larue, 3136 Barkentine Road, said that she was opposed to the reorganization within the City Clerk's office a few years ago. Councilman McTaggart moved, seconded by Mayor pro tem Byrd, to ADOPT RESOLUTION NO. 99 -71, A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 99 -42, CREATING A CERTAIN SALARY RANGE FOR THE POSITION OF DEPUTY CITY CLERK The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth City Council Minutes September 7, 1999 Page 8 NOES: None Long Point (1203 X 1801) City Manager Evans presented the staff report of September 7, 1999 and the recommendation to determine whether the Council's direction for publicizing Councilman McTaggart's "myths" was fulfilled by the media or whether it would be necessary to schedule a meeting. He provided a letter from Destination Resorts, which represented the property owner. Barbara Gleghorn, 28850 Crestridge Road, representing Save our Coastline II, supported the concept of an educational workshop to give Mr. York an opportunity to explain his project and to give the public a chance to respond. She felt that residents were concerned because the NCCP map substituted a golf use for an area previously dedicated for natural habitat. She urged the Council to exclude City land from this private development Council comment indicated that a notation on an NCCP map did not indicate approval. Lois Larue, 3136 Barkentine Road, discussed previous proposals for an 18 -hole golf course versus a 9 -hole golf course and the use of the Filiorum property for some of the holes. Council discussion focused on the scheduling of this project and when it would be presented to them for consideration. They noted that the letter from Destination Resorts indicated it would be presented by the end of the year. Further Council discussion included the approvals which existed for this property at the time Mr. York purchased it; whether the Council should be involved in the early stages of discussion or if the project should follow the normal procedure of multiple Planning Commission hearings generally required for a major project. Mike Mohler, Destination Resorts, 11777 San Vicente Blvd., Suite 900, Los Angeles, CA 90049, reported that many changes had been made and that a detailed plan, including economic analysis, was being prepared as quickly as possible. Council then discussed the Environmental Impact Report currently being prepared and whether it could be completed without getting more details on the project; whether the Council needed this information along with the economic impact to the City; the need for the Council to make a decision regarding the possible use of public land before the Planning Commission could hold a public hearing; and, the requirement for more City Council Minutes September 7, 1999 Page 9 details before that decision could be made. Mayor pro tem Byrd moved, seconded by Mayor Hollingsworth, to postpone scheduling a City Council workshop until after submittal of the detailed plan, including potential financial benefit to the City. Motion carried. California Regional Water Control Board requirements(605 X 1204) Director Allison presented the staff report of September 7, 1999 and the recommendation to consider Councilman McTaggart's item of discussion regarding possible additional regulations by the California Water Control Board. City Clerk Purcell reported that an additional letter had been received right before the meeting. Councilmember Lyon recused herself because she is a member of the Regional Water Control Board and she left the dais. Council discussion focused on the problems associated with the proposed regulations and agreed to send a letter opposing them. Lois Larue, 3136 Barkentine, urged the City to accept the Regional Water Board's proposed regulations to prevent polluted water running off into ocean. Mayor pro tem Byrd moved, seconded by Councilman McTaggart. The motion carried on a 4 -0 -1 vote, Councilmember Lyon having abstained. Councilmember Lyon then returned to the dais. Draft amendments to the current view restoration and preservation guidelines (1203 X 1806) Director Rojas presented the staff report of September 7, 1999 and the recommendation to (1) Review the draft amendments to the View Restoration and Preservation Guidelines; (2) Direct staff to make any additional changes or revisions; (3) Forward the amendments to the View Restoration Commission for review and consideration; and, (4) Direct the Commission to forward their revisions and recommendations to the Council for consideration and adoption. Council discussion centered on time and expense of administering the View Restoration program and the need to simplify the procedure and reduce costs. City Council Minutes September 7, 1999 Page 10 Ken Dyda, 5715 Capeswood Drive, felt the staff report contained contradictory statements and should be reviewed by the View Restoration Commission. Council consensus was that more time was needed to absorb the long and complex report and to continue the item to a future meeting. Resol. No. 99 -72 - Verbal Update on Pt. Vicente Project (602 X 1201 X 1204) City Attorney Lynch advised that since the staff report was "completed and the agenda was prepared, the situation at Pt. Vicente Interpretive Center had changed significantly and that it would necessary to adopt a motion adding this item to the agenda. Councilwoman Ferraro moved, seconded by Councilmember Lyon, to add this modified item to the agenda. Director Allison updated the staff report, stating that high levels of lead had been found, making it necessary to return some of the soil removed from the site for more testing. These additional tests would indicate the total amount of lead and whether it is water - soluble. A total of $75,000 was needed: $35,000 to hire various consultants for the testing of the soil, $10,000 for state fees, and $30,000 for contract services to move the material from the San Pedro site back to the PVIC site. He discussed disposal; the effect on the construction project; and responsibility for the problem, explaining that the land is leased from the County but it is believed that the federal government created the problem from previous military activity on the site. Council discussion centered on the use of the existing building, which is currently closed to the public, and correspondence to other agencies regarding sharing these expenses. Councilwoman Ferraro moved, seconded by Councilman McTaggart, to ADOPT RESOLUTION NO. 99 -72, A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 9941, AND APPROVING ALLOCATION OF $75,000 TO STUDY AND RESOLVE OF THE LEAD PROBLEM AT PT. VICENTE INTERPRETIVE CENTER. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None City Council Minutes September 7, 1999 Page 11 Rescheduling of the September 21St meeting; or, setting a date for an adjourned meeting (307 X 1101) City Manager Evans presented the staff report of September 7, 1999 and the recommendation to consider rescheduling the September 21St meeting to another date, or adjourn that meeting to another date on or before October 1St After discussion, it was the consensus not to change the schedule. AUDIENCE COMMENTS: Lois Larue, 3136 Barkentine Road, requested that the Hesse Park ladies room wash basins plumbing be repaired. REPORT ON CLOSED SESSION: City Attorney Lynch reported that no action was taken on either of the two items. ADJOURNMENT: Adjourned at 11:20 P.M. on motion of Mayor Hollingsworth. kyj ATTEST: CITY CLERK City Council Minutes September 7, 1999 Page 12