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CC MINS 19960402MINUTES RANCHO PALOS VERDES CITY COUNCIL APRIL 2, 1996 REGULAR MEETING The meeting was called to order at 6:00 P.M. by Mayor Marilyn Lyon at the Fred Hesse Park Community Center, 29301 Hawthorne Boulevard and was immediately recessed to closed session per the Brown Act Checklist attached to the agenda. The meeting reconvened at 7:00 P.M. The colors and flag salute were presented by members of Boy Scout Troop No. 213. Following the Pledge of Allegiance, roll call was answered as follows: Present: McTaggart, Byrd, Ferraro, Hollingsworth & Mayor Lyon Absent: None Also present were City Manager Paul Bussey, Planning, Building and Code Enforcement Director Bret Bernard, interim Public Works Director Joe Lopez, Senior Planner Joel Rojas, City Clerk Jo Purcell, Assistant City Manager Brent Mattingly, Senior Public Works Engineer Dean Allison, Planning Administrator Carolynn Petru, Recreation & Parks Director Ron Rosenfeld, and City Attorney Carol Lynch. Recycle Drawing There was no recycle winner for the month of April; Planning Director Bernard drew two cards from the recycle drum the month of May. Ceremonial Matter (304 X 1101) Mayor Lyon presented Planning, Building and Code Enforcement Director Bret Bernard with a City plaque upon his departure from the City to assume the position of Planning Director at the City of El Segundo. Approval of Agenda Councilman McTaggart moved, seconded by Councilman Byrd, to approve the agenda. Motion carried. Approval of Consent Calendar Lois Larue, 3136 Barkentine Road, spoke to the minutes of March 11, 1996. Page three of the minutes were corrected to read: "Consequently, staff recommended that the Council not follow the Planning Commission's recommendation with regard to this one chapter." Councilman Hollingsworth moved, seconded by Councilman Byrd to approve the consent calendar as follows. Waiver of Full Reading Adopted a motion to waive reading in full of all ordinances and resolutions adopted at this meeting with consent of the waiver of reading deemed to be given by all councilmembers after the reading of the title. Minutes (301) Approved the minutes of March 11, 1996 as amended. Sale of Western Waste to USA Waste Services (1204 X 1301) Approved the transfer of control of Western Waste Industries to USA Waste Services. Resol. No. 96 -26 - Tarapaca Sewer Project (1204 X 1402) Adopted RESOL. NO. 96 -26 GRANTING A LIMITED POWER OF ATTORNEY TO THE CONSOLIDATED SEWER MAINTENANCE DISTRICT TO NEGOTIATE ON THE CITY'S BEHALF WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND THE CALIFORNIA OFFICE OF EMERGENCY SERVICES (OES) FOR DISASTER RELATED EXPENSE REIMBURSEMENT FOR THE TARAPACA SEWER REALIGNMENT PROJECT. Resol. No. 96 -27 - Register of Demands (602) Adopted RESOL. NO. 96 -27 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: McTaggart, Byrd, Ferraro, Hollingsworth, & Mayor Lyon Noes: None City Council Minutes April 2, 1996 Page 2 PUBLIC HEARING CODE AMENDMENT NO. 34 - AMENDMENTS TO TITLES 16& 17 (1204 x 1801) Mayor Lyon noted that this was a continued public hearing and the City Clerk announced that since the March 19 meeting, approximately ten form letters had been received voicing protest to the proposed changes in the language in the Development Code Open Space Hazard zone; additionally, that a letter had been received from the law firm of Shute, Mihaly & Weinberger on behalf of Peninsula Preservation requesting that the Council preclude conditional use permits within the Open Space Hazard Districts. City Manager Bussey stated that certain inconsistencies existed in the code relative to conditional use permits and staff recommendation was modified to request that Council take public testimony relative to this section, however, staff would not be making a recommendation until the April 16 meeting. The following persons then spoke in opposition to allowing certain permitted uses in the moratorium area: Cathy Nichols, 14 Crest Road West, Rolling Hills, who referred to the March 28, 1996 letter from the law firm of Shute, Mihaly & Weinberger stating objection to the development of golf courses and other uses in Open Hazard (OH) districts. Representing the League of Women Voters was Sheila Hoff, 28205 Ambergate, who read a prepared statement indicating the League's position on development in the OH districts. John Beringer, Treasurer of the Rancho Palos Verdes Council of Homeowners Associations, also read a prepared statement requesting that Chapter 17.60.020 be amended to include the language "except in open space hazard districts." Lois Larue, 3136 Barkentine, stated that a golf course was not a passive use in the OH district. (The written statements of these speakers are on file with the City Clerk's Office.) Representing Palos Verdes Land Holdings Company was Mike Walker, 25200 La Paz Road, Laguna Hills, who presented a prepared statement from his company expressing their concern regarding any amendment to the zoning ordinance prohibiting the development of a golf course on property within the OH district. (Mr. Walker's statement is on file with the City Clerk's Office.) Council then proceeded to make the following amendments in the identified chapters as follows: requested that generally throughout the code that all references be identified City Council Minutes April 2, 1996 Page 3 not only with the chapter number but also with a brief description. With regard to the use of helistops, two suggestions were proffered: that a requirement be imposed whereby such service could be used on an occasional basis for v.i.p's. requiring City Permission and that it not be a regular service; also, that helicopters be required to approach over water rather than over land. Staff was directed to ascertain who would be the controlling authority with regard to the issue of flight direction. Chapter 17.62 ,special Use Permits: Staff to clarify the process and timeframe for granting a Special Use Permit; keep application time at minimum so it is business friendly. Chapter 17.64 Variances: Allow the justification procedure by the director to be deleted because of the length of time it takes to get an application through the Planning Commission process. Chapter 17.66. 020 (Q) Minor Exception Permits: Limit reduction of a lot dimension only to one dimension of the lot. Chapter 17.70 Site Plan Review: City Attorney to determine if it is permissible for the City allow appeals of ministerial site plan review applications. Chapter 17.60 Conditional Use Permits: City Attorney to prepare amendment disallowing certain uses in the OH districts. Recess & Reconvene: At 8:30 P.M. the Council recessed to conduct the business of the Redevelopment Agency. The meeting reconvened at 9:50 P.M. and Council resumed discussion of the amendments to the Development Code. Chapter 17.72 Coastal Permits - staff to meet with the Coastal Commission to discuss new amendments to the Coastal Act that streamline the City's review process and will report back to Council after that meeting. It was the consensus that the definition section should have cross references. Councilwoman Ferraro moved, seconded by Councilman Byrd to continue the public hearing to April 16. Motion carried. REGULAR BUSINESS: LOWER HESSE PARK DEVELOPMENT (1201) Recreation & Park Director Ron Rosenfeld presented the April 2 staff report and the recommendation that after the Pacific View Homeowners Association presentation and Council discussion of the possible development of Lower Hesse Park that the matter be directed to the Recreation & Parks Committee with Council guidelines. Speaking in favor of this development were the following persons: Ted Paulson, President of the Pacific View Homeowners Association, 6802 Faircove Drive; Katherine Santarosa, 6538 Verde Ridge Drive; Jim Moore, 6810 Locklenna Lane; and, Shelby City Council Minutes April 2, 1996 Page 4 Jordan, 29208 Posey Way. These speakers expressed their desire to see a passive park with perhaps a sand volley ball court that could be used by the children in the neighborhood and said that it had overwhelming support in the neighborhood. Tom Lockett of Land Images, Panay Way, Marina Del Ray, summarized the background on his invitation by the neighbors to explore the potentials for this property and said that it was an ideal location for a passive park. He said that landscaping would consist of indigenous plants that could survive with a minimum of watering; and, that certain areas could be used for casual picnicking. Councilman Byrd moved, seconded by Councilman McTaggart to adopt the staff recommendation and report back to the Council in 90 days and that updates be reported in the Administrative Report. Motion carried. Recess and Reconvene: At 10:05 P.M. Mayor Lyon declared a recess. The meeting reconvened at 10:11 p.m. TRACT MAP NO. 50667 (OCEAN TRAILS) - PROPOSED (1203 x 701) Planning Administrator Carolynn Petru presented the April 2 staff report and the recommendation to authorize staff to send a letter to the California Coastal Commission (CCC) indicating that the City conceptually approved the latest proposed minor revisions to the Ocean Trails project, subject to review by the Coastal Commission and formal review by the City. Kay Bara, 1 Peppertree Drive, representing the Coastal Conservation Coalition, expressed her concern that the proposed changes were inconsistent with their Settlement Agreement with the landowners and urged the Council not to issue a conceptual approval until she had the opportunity to review the plans. Ken Zuckerman, representing the landowners, 2 El Portal, Palos Verdes Estates, responded to Ms. Bara's comments and said that the changes were indeed consistent with their agreement and requested permission to proceed with this method of approval and then return to the City Council for approval after CCC approval. Council discussion then centered on the fact that this was a method of allowing the CCC to review and approve these changes first, but that the revisions would still require City Council approval following action by the CCC. The rationale for requesting this conceptual approval was simply to allow the landowners to go through the CCC process first thereby, hopefully avoiding the need for the City to review the proposed City Council Minutes April 2, 1996 Page 5 revisions more than once, since the CCC tended to modify the City's approvals. Also clarified was that one change was the result of the Fire Department's review of the trails and easements vis -a -vis the use of their emergency vehicles. In rebuttal, Ms. Bara said that to the contrary, these changes were instigated by the Developer and referred to a letter received from the Attorney General advising her that the changes did not meet with the settlement agreement. Lois Larue requested that the Council not grant this conceptual approval. Discussion then returned to the immediacy of this request because of the CCC's hearing schedule, the anticipated start of construction this summer and the mating season of certain protected species found on the property during which time all construction would be prohibited. Councilman Byrd moved, seconded by Councilman McTaggart to issue a conceptual approval but view the plans at the April 8 meeting. In the event Council did not agree with the conceptual changes then that approval would be withdrawn and the CCC so 9 p notified. The motion carried on the following roll call vote: Ayes: McTaggart, Hollingsworth, Byrd &Mayor Lyon Noes: Ferraro REVISION OF SLOPE EASEMENT (1204 X 1411) Associate Engineer Dean Allison presented the April 2 staff report and the recommendation to authorize revision of Tract Map No. 24423, Amendment No. 1 to reduce a slope easement at 5901 Clint Place, provided the applicant established a cash payment of $2,200. Representing the property owner was Jim Nazemi, 5901 Clint Place, who stated his client's agreement with the staff recommendation. Lois Larue stated objection to the requirement for the cash payment by the applicant. Councilman McTaggart moved, seconded by Councilwoman Ferraro to approve the staff recommendation. Motion carried. Public Comments: Lois Larue read part of the Political Reform Act relative to postgovern mental employment restrictions. City Council Minutes April 2, 1996 Page 6 Report on Closed Session: City Attorney Lynch reported that with regard to the threatened litigation, that no Council action had been taken; however, Council requested that staff write a short letter to the two individuals who submitted letters. With regard to the purchase of property, the negotiating team was directed to continue to pursue all options. Adjournment: At 11:12 P.M. the meeting adjourned to 7:00 p.m. Monday, April 8 for a Budget Issues Workshop to be held in the City Hall Community Room. Motion made by Councilman Byrd. MAYO ATTEST: CITY CLERK N:\ GROUP \CITYCLRK\MINUTES\4296CC.MIN City Council Minutes April 2, 1996 Page 7