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CC MINS 19961015MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING OCTOBER 15, 1996 The meeting was called to order at 7:00 P.M. by Mayor Lyon at the Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance to the Flag which was led by Barry Kramer and Geeta Bhasin, roll call was answered as follows: PRESENT: McTaggart, Byrd, Hollingsworth, Ferraro, Mayor Lyon ABSENT: None 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 EVENT: (304 x 1101) Mayor Lyon presented a proclamation to Barry Kramer, one of the winners of the 1997 Woody Woodpecker Environmental Calendar Contest sponsored by the County of Los Angeles to encourage and to promote the "Three 'R's ", Reduce, Reuse and Recycle ". RECYCLE DRAWING: (1204 X 1301) Mayor Lyon announced that the William S. Mulligan family was the recycle winner for the month of September and the Shun Y. Lee family for the month of October. APPROVAL OF AGENDA: It was consensus to move Item #7 (Vacation of Paseo Del Mar) to the end of the agenda. Councilman Byrd moved, seconded by Councilman Hollingsworth to approve the Agenda as amended. Motion carried. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine, spoke to several matters on the Consent Calendar: Minutes of October 1, 1996, the destruction of Redevelopment agency records, the Haseko Townhomes, the vacation of Whitley Collins Drive, and certain items on the register of demands. Councilman McTaggart moved, seconded by Councilwoman Ferraro to approve the Consent Calendar as follows: Minutes (301) Approved the Minutes of October 1, 1996 as amended to include the City Attorney's Report on the action taken during the Closed Session. Resol. No. 96 -91 - Annual Records Destruction & Revisions to Retention Schedules (301) ADOPTED RESOLUTION NO. 96 -91 AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA AND AMENDING RESOLUTION NO. 85 -18. Acceptance of Grant of Easement Deed - Haseko Townhomes (450 x 1411 x 1204) Accepted the Grant of Easement Deed for access to drainage facilities in and around McCarrell Canyon from Haseko Townhomes, and authorized the City Manager to sign the acceptance on behalf of the City and authorized the City Clerk to record the easement. Professional Services Agreement Smith -Emery GeoServices (1204 X1203 x 701) Approved the Professional Services Agreement with Smith -Emery Geo Services for geotechnical consulting services pertaining to the Ocean Trails Development and authorized the Mayor and City Clerk to execute the Agreement on behalf of the City Council. Resol. No. 96 -92 - Vacation of a portion of Whitley Collins Drive (1408 x 1204) ADOPTED RESOLUTION 96 -92, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING ITS INTENTION TO VACATE A PORTION OF WHITLEY COLLINS DRIVE STREET RIGHT -OF -WAY. _ Resol. No. 96 -93 - Register of Demands (602) ADOPTED RESOL. NO. 96 -93 - A RESOLUTION OF THE CITY COUNCIL OF THE City Council Minutes October 15, 1996 Page 2 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, and Mayor Lyon NOES: None PUBLIC HEARINGS: Resol. 96 -94 -OCEAN TRAILS -FINAL AMENITIES PLAN (701 x 1203 x 1411) Mayor Lyon opened the public hearing on the Final Public Amenities Plan which depicted the improvements proposed to be made to the parks, trails, and open space to be dedicated to the City. City Clerk Purcell reported that notice of the hearing had been duly published and that all correspondence received were made a part of the Council agenda packet. Director Petru presented the staff report of October 15 and the recommendation to adopt the proposed plan approving the final Public Amenities Plan for the Ocean Trails project subject to conditions of approval. Speaking to this public amenities plan were the following persons: Chip Zelt, 4100 Seahorse, representing Portuguese Bend Club, who stated support for the staff recommendation and gave an update on his association's meetings with the landowners. Robert Moore, 3200 La Rotonda Drive, and Ron Maricich, 4125 Maritime Road, also spoke in support of staff recommendation. Representing the landowner was Juan Forteza, 4021 Via Larga Vista, PVE, who presented a series of slides depicting the project's amenities such as the main entry, bike and pedestrian trails, landscaping, directional signs, and the various rest areas located throughout the grounds. A brief Council discussion centered on the completion of the various components of the Public Amenities Plan in phases corresponding with the construction of the golf course and residential lots. It was clarified that as the project progressed, more detailed designs would be brought to Council for approval. There being no response to the Mayor's call for additional public testimony, Mayor Lyon City Council Minutes October 15, 1996 Page 3 ordered the hearing closed. Director Petru summarized the recommended amendments to the proposed resolution. Resolution 96 -94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING THE FINAL PUBLIC AMENITIES PLAN FOR THE OCEAN TRAILS PROJECT, SUBJECT TO CONDITIONS OF APPROVAL, was introduced by title and adopted as amended on motion of Councilman Byrd, seconded by Councilman Hollingsworth and carried. 1996 Updates to the City's Conceptual Bikeway Plan (112 x 1203) Mayor Lyon opened the public hearing on this update of the City's conceptual bikeway plan. The City Clerk reported that notice of this public hearing had been duly published and that no written protests had been received by the City. Senior Planner Snow presented the staff report of October 15 and the recommendation to review the proposed amendments to the City's Bikeways Plan, provide direction to the staff with respect to particular policy issues as described on Page 5 of the staff report, and approve the 1996 Updates to the Bikeways Plan. Speaking to this matter were the following persons: Kathy Snell, 8 Vanderlip, who requested that the roadway not be so narrow and that the traffic codes be enforced relative to bicyclists; Lois Larue, stated her disagreement with the elimination of Palos Verdes Drive East from the plan; Sunshine, 6 Limetree Lane, stated her agreement with the plan and requested that it be distributed amongst the City's staff. Council discussion concerned the safety of bike lanes and the recommended class of each bikeway. It was the consensus that the Granvia Altamira and Montemalaga segments be retained as Class II bikeways, and that the Silver Spur Road segment be retained as a Class III bikeway. With regard to the segment along the Palos Verdes Drive East switchback, Councilman Byrd moved, seconded by Councilwoman Ferraro to delete that segment from the Plan. Motion carried. It was the consensus to delete the Miraleste section along Palos Verdes Drive East. Council requested that staff disseminate a copy of this plan to the South Bay Council of Governments. Recess and reconvene: At 8:25 P.M. the Council recessed to conduct the business of the Redevelopment Agency. The meeting reconvened at 8:45 P.M. CODE AMENDMENT NO. 34 -LARGE ANIMALS (1801 x 1203) City Council Minutes October 15, 1996 Page 4 Mayor Lyon announced that this was a continued public hearing and that speakers would be allowed two minutes to make their comments. Senior Planner Rojas presented the staff report of October 15 and the following recommendations: 1) Review the new draft language of draft Chapter 17.46 (Large domestic Animal Overlay District), which had been prepared by Staff in accordance with the City Council direction received on September 17, 1996; 2) Review the follow - u p language of draft Chapters 17.46, 17.60, 17.62, 17.64, 17.66, 17.68, 17.70, 17.72, and 17.74 of title 17, as provided in the amended review schedule; and 3) Continue consideration of the amended Development Code to November 6, 1996. The following people- expressed their concerns and opinions about the proposed Code changes: Don Burt, 79 Narcissa Drive; Muriel Titzler, 3 Ginger Root Lane; Joan Wright, 1 Fruit Tree Road; Robert McJones, 1 Limetree Lane; *Joe Deeble, 3 E. Pomegranate; Carl Gutierrez, 3 Clovetree Place; Claudia Gutierrrez, 3 Clovetree Place; Sharon He g etschweiler, 6 Clovetree Place; Paul Rasmussen, 5 Plumtree; Maureen Griffin, 5 . Ginger Root; Robert Maxwell, 7 East Pomegranate, *Betty Strauss, 10 W. Pomegranate Road; Jack Downhill, 20 Vanderlip; Leanne Twidwell, 32 Sweetbay Road; Gene Frank, 82 Narcissa Drive; Elin Vanderlip, 100 Vanderlip Dr.; Robert Dixon, 2039 Jaybrook Drive; Hirsch Marantz, 2 Pony Lane, RH E; Pam Turner, 25930 Rolling Hills Rd. , Torrance; Kay Bara, 1 Peppertree; *Sunshine, 6 Limetree Lane; *Kathy Snell, 8 Vanderlip Drive; Jeanne Smolley, 56 Limetree Lane; Enzo Giobbe, Lot #10, Cherryhill Lane; Stacy Wilson, Lot #10; John Howard, 24260 Neece, Torrance; Dave Ruth, 40 Cinnamon Lane; Ed Sutton, 1 Pomegranate Road; Marvin R. Haney, 18 Coral Tree Lane; Charlene O'Neil, 38 Headland Drive; Toni Deeble, 3 E. Pomegranate Rd.; Jim Madden, 33 Narcissa Drive, Portuguese Bend; *Sandra Park, 12 Cinnamon Lane; and, Lois Larue, 3136 Barkentine. (*Written statements submitted by these speakers are on file with the City Clerk's Office.) The speakers concerns and opinions were as follows: fear that changing the Code would encourage commercialization of boarding in residential equestrian zones; that the proposed code would result in an increase in the number of horses and /or vehicles in the area of the boarding; the lack of maintenance and adequate animal care in some of the undeveloped lots and /or stables; whether the recommended size of lots was adequate to accommodate the allowed numbers of horses; doubt that the proposed code was enforceable and that the recommended screening could be effective; belief that if the Association's CC &Rs were enforced no code amendment would be necessary; and, the necessity of establishing an equestrian committee. Recess and Reconvene: Mayor Lyon declared recess at 10:15 p.m. The meeting reconvened at 10:45 p.m. City Council Minutes October 15, 1996 Page 5 Richard Bara, 1 Peppertree Drive, expressed his opinion that people may not be able to keep as many horses as previously allowed. Lois Larue read a statement about the "Ride to Fly!" Palos Verdes Therapeutic program operated as a nonprofit horseback riding program designed to enrich, enable and empower the lives of people of all ages who are physically, emotionally or developmentally challenged through equine therapy. Because of the lateness of the hour and the press of other business, it was the , consensus of Council to continue discussion of this matter until after completion of the Open Space Land purchase matter. (Later in the meeting, it was moved by Councilman Byrd to continue the public hearing on this matter to October 29 to give Council the opportunity to deliberate on the matter of Large Animals. Motion seconded by Councilman McTaggart and carried.) Resols. 96 -95 and 96 -96 - Purchase of Open Space Land (305 x 1101) City Manager Bussey presented the staff report of October 15 and the recommendation to: 1) Approve the Agreement for the Purchase and Sale of Real Property and Escrow Instructions between the City of Rancho Palos Verdes and Diamond Brothers Three Partnership; 2) Approve the California Wildlife Conservation Board Real Property Acquisition Grant agreement; 3) Adopt the proposed resolution Approving the Application for Grant Funds From the County of Los Angeles Regional Park and Open Space District Specified Project Grant Program For the Acquisition of Property in the City of Rancho Palos Verdes From Diamond Brothers Three Partnership; 4) Adopt the proposed resolution authorizing the Mayor to execute a Grant Agreement with the California Wildlife Conservation Board to provide funds for the purchase of real property from Diamond Brothers Three Partnership. Lisa Craig, representing Assemblyman Steve Kuykendall, presented a letter stating his support for the purchase of this property. (This letter is on file with the City Clerk's Office.) Representing Diamond Brothers was Hugh Hewitt, 19900 MacArthur Blvd, Irvine, who summarized this history on the purchase of this property and spoke in favor of the staff recommendation. The following Conservancy members spoke in support of the City purchasing this property and eventually giving that property to the Palos Verdes Land Conservancy to maintain: Ester Feldman, Director, Los Angeles Trust for Public Land field office, 10951 W. Pico Blvd., Los Angeles; Aileen Bevan, RHE; Susan Seamans, Mayor Pro -Tem, 1 City Council Minutes October 15, 1996 Page 6 Peacock Lane, RHE; Anke Raue, Rothrock Drive; Deena Sheridan, 26729 Shadows Drive; Heather White, 2750 Longhill Drive; Nell Mirels, RHE; Dr. Allen Franz; Bob Bothamly; Allie Henry, 13 Portuguese Bend Road, RH; Bill Ailor; Ken Servis, 14 Gaucho Drive, RHE; Doug Stern, 2731 Coral Ridge Road; Shirley Borks; Barbara Dye; Allen Franz; Bob Bothamly; and, David Bence, 27533 Longhill Drive. Also speaking in support of this purchase were Barbara Walch, 1034 Oceanaire Drive; Sheila Hoff, 28705 Ambergate Drive; Muriel Titzler, 3 Gingeroot Lane; Jeannette Mucha, 5538 Littlebow Road; and Lois Larue, 3036 Barkentine. Kathy Snell, Vanderlip Drive, questioned the evaluated price of the property. Council discussion centered on ownership of land and whether the City could still maintain land use control over it in the event the property was given to the Land Conservancy and the fact that in order to get the State funding, it was necessary to make the decision to purchase the property at this meeting. Of concern was the price of the property and if it was equitable considering the conservation constraints placed in it by the State Wildlife Department which could conceivably prevent the Diamond Brothers from ever building any project on the site. Resolution No. 96 -95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT SPECIFIED PROJECT GRANT PROGRAM FOR THE ACQUISITION OF PROPERTY IN THE CITY OF RANCHO PALOS VERDES FROM DIAMOND BROTHERS THREE PARTNERSHIP and Resolution No. 96 -96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT WITH THE CALIFORNIA WILDLIFE CONSERVATION BOARD TO PROVIDE FUNDS FOR THE PURCHASE OF REAL PROPERTY FROM DIAMOND BROTHERS THREE PARTNERSHIP were introduced by title. Councilwoman Ferraro moved, seconded by Councilman McTaggart to adopt these resolutions. The motion carried on the following roll call vote: Ayes: McTaggart, Hollingsworth, Ferraro & Mayor Lyon Noes: Byrd Resol. No. 96 -97 - Vacation of Paseo del Mar (1204 x 1408) Director Evans presented the staff report of October 15 and the recommendation to adopt the proposed resolution vacating a portion of the Paseo del Mar Street right -of- way. City Council Minutes October 15, 1996 Page 7 The following persons spoke to this vacation: Dorothy Karfs, 3200 La Rotonda Drive, who requested clarification of the area to be vacated and expressed concern that the area adjacent to her residence was designated as a fire access road. Robert L. Moore, 3200 La Rotonda, #212, stated his agreement with this street vacation. Ken Zuckerman, 2 El Portal, one of the landowners of Ocean Trails, explained that the City and the Fire Department had required the installation of this fire road and that it was not situated to benefit the golf course. He requested that Council approve the vacation. With respect to the issues raised in the letter from Ray Green, City Attorney Lynch noted since there was no title report on the property underlying the street, that she did not know who the underlying property owner was but that if the condominium association would like to have that portion of Paseo del Mar that abuts the Ocean Terraces condominiums vacated, they could file such a request with the City. Unless that portion of the street is vacated and is designated solely for use by the fire department, then there is no way to prevent it from being used by the public. There being no additional speakers on this matter, Mayor Lyon declared the public hearing closed. Resolution No. 96 -97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES VACATING A PORTION OF THE PASEO DEL MAR STREET RIGHT -OF -WAY, was introduced by title and adopted on motion of Councilman Byrd and seconded by Councilman McTaggart. Motion carried. PUBLIC COMMENTS: Lois Larue, spoke to the matter of the entire Council attending the School Board meeting. City Attorney Lynch clarified that it was entirely proper and not a violation of the Brown Act for the City Council to attend the duly convened meeting of another public body. Barbara Zuliani, 2756 Colt Road, requested that the Council reconsider the beautification project submitted by her Homeowners Association. It was the consensus of Council that this matter be set for a future agenda. Mrs. L. Lee, 55 Oceanaire, spoke to the matter of her neighbor's driveway. City Council Minutes October 15, 1996 Page 8 ADJOURNMENT: Meetin g was adjourned at 12:50 a.m. to Monday, October 21, 1996 J at 7:00 P.M. at Hesse Park for a Town Hall meeting. City Clerk n \group\cityclk\minutes101596ccm ayo r City Council Minutes October 15, 1996 Page 9