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CC MINS 19960903MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING SEPTEMBER 3, 1996 The meeting was called to order at 6:30 P.M. by Mayor Lyon at the Hesse Park Community Center, 29301 Hawthorne Boulevard and was immediately recessed to a closed session. Following the Pledge of Allegiance to the Flag led by Larry Clarke, roll call was answered as follows: PRESENT: Byrd, Hollingsworth, Ferraro, and Mayor Lyon LATE ARRIVAL: McTaggart (at 7:50 P.M.) Also present were City Manager Paul Bussey, City Attorney Carol Lynch, Public Works Director Les Evans, Planning, Building & Code Enforcement Director Carolynn Petru, Senior Planner Joel Rojas, City Clerk Jo Purcell and Recording Secretary Shirley Tanaka. CEREMONIAL EVENTS (304 x 1101) Mayor Lyon presented a proclamation to Rosemary Humphrey, President of the Peninsula Education Foundation, in recognition of "Support Your Schools" Month. Mayor Lyon announced that the Council had issued a proclamation in recognition of California Beach Clean -Up Day, September 21. She said that the Los Serenos Docents would be leading a beach cleanup at Abalone Cove Shoreline Park. The event was scheduled to start at 9:00 A.M. at the Abalone Cove Beach parking lot. She invited the public to join in this event and if they required more details, she recommended contacting the Recreation and Parks Department. RECYCLE DRAWING (1204 x 1301) Mayor Lyon announced that the Rudy Maus family was the recycle winner for the month of July and that they would receive one year's worth of free refuse pickup. APPROVAL OF AGENDA Councilman Hollingsworth moved, seconded by Councilwoman Ferraro to approve the Agenda. Motion carried. APPROVAL OF CONSENT CALENDAR The View Restoration Ordinance was removed from the Consent Calendar at the request of the City Attorney; said item to be discussed prior to the public hearings. Lois Larue, 3136 Barkentine, spoke to several items on the Register of Demands. Councilmembers Hollingsworth, Byrd, and Ferraro addressed some minor corrections to the minutes of August 20. Councilman Byrd moved, seconded by Councilman Hollingsworth to approve the Consent Calendar as follows: Minutes (301) Approved the minutes of August 20, 1996 as corrected. 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. Approval of Residential Waste Indemnification Agreement - Puente Hills Landfill. (1204 x 1301) Approved the Residential Waste Indemnification Agreement - Puente Hills Landfill and authorized the Mayor and City Clerk to execute the Agreement on behalf of the City. Resol. No. 96 -71 - Register of Demands (602) Adopted the Resolution No. 96 -71 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, Hollingsworth, and Mayor Lyon City Council Minutes September 3, 1996 Page 2 NOES: None ABSENT: McTaggart ABSTAIN: Ferraro (on minutes of August 20, 1996) Ordinance No. 317 Code Amendment No. 34 - -View Restoration Ordinance (Proposition M). (1203 X 1806) Senior Planner Rojas presented the staff memorandum of September 3 and recommended that specific language be added to Ordinance 317 that would stipulate that the amended Prop. "M" language be applied only to applications submitted to the City after the effective date of the ordinance. The Council agreed and City Attorney Lynch read the proposed new paragraph encompassing these changes and recommended re- introduction of Ordinance No. 317 as amended. Councilwoman Ferraro so moved, seconded by Councilman Byrd. The motion carried on the following roll call vote: Ayes: Byrd, Ferraro, Hollingsworth & Mayor Lyon Noes: None Absent: McTaggart PUBLIC HEARING: Ocean Trails Project - Revision "C" (1203 x 701) Mayor Lyon opened the public hearing on these proposed changes to the Ocean Trails Project and the City Clerk reported that notice had been published and that all letters received by the City were presented to the Council in the agenda packet. Director Petru presented the staff report of September 3, 1996 and the recommendation to adopt the following proposed resolutions: 1) Addendum No. 5 Environmental Impact Report No. 36, including a revised Mitigation Monitoring Program; 2) Revisions to Vesting Tentative Tract Map Nos. 50666 and 50667; 3) revisions to Conditional Use Permit Nos. 162 (Residential Planned Development) and 163 (golf course); and, 4) Revisions to Grading Permit No. 1541. (Councilman McTaggart arrived, the time being 7:50 P.M.) The following persons commented on the proposed changes to the Ocean Trails project: William W. Simmons, 4781 Maritime Road; Steven Stewart, 4164 Maritime Road; Bill McLaughlin, 4157 Maritime Road; Carl and Dorothy Karfs, 3200 La Rotonda City Council Minutes September 3, 1996 Page 3 Drive; Pat Maricich, 4125 Maritime Road; Sandy and Arnold Medearis, 4048 Palos Verdes Drive South; Chip Zelt, 4100 Seahorse Lane; Luciana Finn, 49 Seawall Road; Maureen Ford, 30659 Ganada Drive; Robin Radford, 135 Seawall Road; Lora Tindall, 4100 Maritime Road; Lois Larue, and John McCarthy, 105 Spindrift Drive. Their comments centered on the following concerns: the proximity of the proposed West End Pedestrian Trail and bicycle path to homes in the Portuguese Bend Club which they feared impacted their privacy; the possible attraction for vandalism and loitering that the proposed shade structure at the Portuguese Bend Overlook would encourage; the need for the 50 feet buffer zone between the Portuguese Bend Club and the public trails which they felt had been promised to them by the developer several years ago; the unsightliness of the proposed paved emergency fire access road adjacent to the Ocean Terraces condominiums; and, concern that the drainage distilling basins previously promised by the developer were not required in the conditions of approval. They also requested additional time to study these proposed changes. Representing the landowners was the former project manager Michael Mohler, 24 Hillgrass, Irvine, who summarized the lengthy hearing process that this project had already experienced, and clarified what he felt was a misunderstanding of the 50 ft. buffer zone. He requested that the Council allow the grading plan to proceed and require that the final alignment of the West End Trails be brought back, but that the rest of the project did not need to be delayed pending that matter. Ken Zuckerman, one of the landowners, 2 El Portal, PVE, summarized the requested changes to this project. Recess and Reconvene: At 9:10 P.M., the Mayor declared a recess, the meeting reconvened at 9:24 P.M. Continuing the public testimony were the following persons: Scott Gobble, representing Southern California Edison, 505 Maple Avenue, Torrance, who discussed the feasibility of using desalination of water from the Hyperion Plant as reclaimed water for the golf course; and, Ken McNeill, project engineer, 32735 Seagate Drive, who urged moving ahead with this project. Council discussion of the proposed changes included the following concerns: If the trail could be moved closer to Lot 40; if the homeowners could have more space between the property line and the trail; if the bike trail could be moved closer to the road; the grade of the bike trail; if certain lots could be reduced to enable more separation between the trail and the homes; the type of road proposed by the Fire Department; and, if more time could be taken to work with the homeowners on these City Council Minutes September 3, 1996 Page 4 decisions. Additional discussion covered the project's water system; the Storm Water Pollution Prevention Plan; the Green Waste Plan; and landscaping of the golf course. Councilman Byrd moved, seconded by Councilwoman Ferraro, to approve the staff recommendation and adopt as amended the following resolutions: 1) Adopt as amended, Resolution No. 96 -72 Addendum No. 5 to Environmental Impact Report No. 36, including a revised Mitigation Monitoring Program; 2) Resolution Nos. 96 -73 and 96 -74 thereby approving revisions to Vesting Tentative Tract Map Nos. 50666 and 50667; 3) Resolution Nos. 96 -75 and 96 -76 thereby approving revisions to Conditional Use Permit Nos. 162 (Residential Planned Development) and 163 (golf course); and, 4) Resolution No. 96 -77 thereby approving revisions to Grading Permit No. 1541. Motion carried. Recess and Reconvene: At 10:35 p.m., the Mayor declared a recess. The meeting reconvened at 10:45 p.m. Resol. No. 96 -78 - Reconsideration of Minor Exception Permit No. 501 (1203 x 1804) Director Petru presented the staff report of September 3, 1996 and the recommendation to adopt the proposed resolution, upholding the appeal of Minor Exception Permit No. 501, thereby overturning the Planning Commission's decision to allow a decrease in the minimum 50% landscaping requirement within the frontyard setback area for an after - the -fact installation of a semi - circular driveway and other hardscape at 54 Oceanaire Drive. Tai Shon Lee, the appellant in this matter, presented a series of slides of certain sections of the Development Code which he said supported his position that his neighbor's circular driveway did indeed exceed the 50% allowable coverage. The following persons spoke in favor of upholding the appeal of Minor Exception Permit No. 501 for removal of the semi - circular driveway: Eva Chang, 30049 Avenida Celestial; Yaw Wu, 28513 Plainfield Drive; and, Lois Larue. Representing the owners of the circular drive was their attorney Joseph Curd, 301 E. Ocean Drive, #460, Long Beach, who referred to his August 29 letter defending his clients' position that the driveway did conform to the City's requirements. Speaking in favor of the driveway were the following speakers. Dr. Liz Hanson, 54 Oceanaire Drive; Julie Lie, 54 Oceanaire Drive; Inja Kwak, 1 Coveview Drive; Ed Hong, 22 Packet Road; Margene Norton, 27520 Larchbluff Drive; Mildred Jones, 2769 Colt City Council Minutes September 3, 1996 Page 5 Road, realtor; Dr. Stephen Hanson, 54 Oceanaire Drive; Robert Lie, 54 Oceanaire Drive; and, Timothy Cotter, 57 Oceanaire Drive. Council discussion included concern about the method of measuring the driveway; the fact that the plans submitted were not to scale; whether grass between the driveway strips had traditionally been counted as landscaping; and, the fact that it was questionable whether a hardship really did existed to justify the issuance of the Minor Exception Permit by the Planning Commission. Councilman Byrd moved, seconded by Mayor Lyon, to uphold the appeal and to deny the minor exception permit. Motion carried on the following roll call vote: AYES: McTaggart, Byrd, Hollingsworth, Mayor Lyon NOES: Ferraro Councilman Byrd moved, seconded by Mayor Lyon, to consider the grass strips that was part of the semi - circular driveway as landscaping. Motion carried on the following roll call vote. AYES: Byrd, Ferraro, Hollingsworth, Mayor Lyon NOES: McTaggart Councilman Byrd moved, seconded by Mayor Lyon, to adopt as amended Resolution No. 96 -78 upholding the appeal of Minor Exception Permit No. 501, thereby overturning the Planning Commission's decision to allow a decrease in the minimum 50% landscaping requirement within the frontyard setback area for an after - the -fact installation of a semi - circular driveway and other hardscape at 54 Oceanaire Drive.. Motion carried on the following roll call vote: AYES: Byrd, Ferraro, Hollingsworth, and Mayor Lyon NOES: McTaggart Recess and Reconvene: At 12:15 A.M., the Mayor declared a recess. The meeting reconvened at 12 :25 A.M. Coordination of Sheriff Services with School District (I 101 x 1401) City Manager Bussey presented the staff report of September 3, 1996 with the recommendation to authorize the City of Rancho Palos Verdes to cooperate with the Cities of Rolling Hills Estates and Rolling Hills to increase our youth - related law enforcement efforts by authorizing the Sheriffs Department to assign a Special City Council Minutes September 3, 1996 Page 6 Assignment Officer to serve as liaison with the Peninsula Unified School District and to perform related services. Councilman McTaggart moved, seconded by Councilwoman Ferraro to coordinate Sheriff services with the school district. Motion was carried on the following roll call vote: AYES: McTaggart, Byrd, Ferraro, Hollingsworth, and Mayor Lyon NOES: None Conformance with the 1995 Los Angeles County Congestion Management Program (CMP) (1204 x 1505) Mayor Lyon opened the public hearing on adoption of the self- certification resolution for conformance with the requirements of the 1995 CMP. City Clerk Purcell announced that notice of the hearing was duly published and that no written protests were received by the City. The staff report of September 3 recommended adopting the proposed resolution adopting the City's 1996 Local Implementation Report (LIR) and self- certifying the City's conformance with the 1995 Congestion Management Program (CMP) of Los Angeles County. There being no response to the Mayor's call for public testimony, she declared the hearing closed. Councilman McTaggart moved, seconded by Councilwoman Ferraro to adopt Resol. No. 96 -79 , thereby adopting the City's 1996 Local Implementation Report (LIR) and self - certifying the City's conformance with the 1995 Congestion Management Program (CMP) of Los Angeles County. Motion carried. It was the consensus to continue the following items to the meeting of September 17: Code Amendment 34 and Environmental Assessment No. 628 -- Amendments to Titles 16 and 17 of the City's Municipal Code (Development Code Revisions); 1997 Single Family Residential Refuse and Recycling Franchise Renewal; Exemptions for Building Permits on Dishwasher and Garbage Disposal Replacements; Request for Golf Tax Referral; and, Request to Hire a Consultant to Advise the City on Long Point. PUBLIC COMMENTS: Mr. and Mrs. Tai -shion Lee, 55 Oceanaire Drive, spoke regarding the decision of City Council Minutes September 3, 1996 Page 7 upholding Minor Exception Permit No. 501 appeal. Adjournment: At 12:40 A.M. the meeting was adjourned to 6:00 p.m. Tuesday, September 17. Attest: - , Lzrrl City Clerk n\grouplcityclk\minutes09396ccm Mayor City Council Minutes September 3, 1996 Page 8