Loading...
CC MINS 19960108 ADJ MINUTES ADJOURNED REGULAR MEETING RANCHO PALOS VERDES CITY COUNCIL JANUARY 8, 1996 The meeting was called to order at 7:00 P.M. by Mayor Marilyn Lyon at the Fred Hesse Community Park, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file. After the Pledge of Allegiance, roll call was answered as follows: Present: McTaggart, Byrd, Ferraro, Hollingsworth& Mayor Lyon Absent: None RECYCLE DRAWING: (1301 X 1204) Mayor Lyon announced that Michael & Inger Bruce and Sydelle Rennick were the winners for the months of November and December respectively and that they would be receiving a year's worth of free refuse collection for participating in the City's curbside recycling program. The Mayor also announced that effective February 1, 1996, the curbside recycling program would be expanded to include mixed paper, cardboard and used oil. The same three recycling bins would be used but in a diferent way: one would be for mixed paper; another for newspaper and the remaining one would be used to commingle aluminum, plastic, glass and tin. Specific containers would be provided for used oil; cardboard should be placed next to the recycling bin and that information would be mailed to residents in the coming weeks. APPROVAL OF AGENDA: Councilman McTaggart moved, seconded by Councilman Hollingsworth to discuss the committee and commission appointments before the Taco Bell matter. Motion carried. APPROVAL OF CONSENT CALENDAR: Councilman McTaggart 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 adopted at this meeting with consent to the waiver of reading deemed to be given by all councilmembers after the reading of the title. Minutes (301) Approved the minutes of November 21, DECEMBER 18, 1995 AND JANUARY 2, 1996. Ordinance No. 312 - State Building Safety & Construction Codes (201 X 1203) ADOPTED ORDINANCE NO. 312 OF THE CIN OF RANCHO PALOS VERDES ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, VOLUMES 1, 21 AND 3, UNIFORM MECHANICAL CODE, UNIFORM PLUMBING CODE, UNIFORM HOUSING CODE, UNIFORM ADMINISTRATIVE CODE, AND THE UNIFORM CODE FOR THE ABATEMENT OF HAZARDOUS BUILDINGS, 1994 EDITIONS, AND THE NATIONAL ELECTRICAL CODE, 1993 EDITION; AND, MAKING AMENDMENTS TO SAID CODES; AND, AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. Ordinance No. 314 - Amendment to Fire Code (603 X 1204) ADOPTED ORDINANCE NO. 314 OF THE CIN OF RANCHO PALOS VERDES ADOPTING BY REFERENCE THE LOS ANGELES COUNTY CODE, TITLE 32, FIRE CODE; MAKING AMENDMENTS TO SAID CODE; AND, AMENDING THE RANCHO PALOS VERDES MUNICIPAL Resol. No. 96-01 - Register of Demands (602) Adopted Resol. No. 96-01. The motion to approve the Consent Calendar carried on the following roll call vote: Ayes: McTaggart, Byrd, Ferraro, Hollingsworth & Mayor Lyon. Noes: None APPOINTMENT OF COMMITTEE & COMMISSION MEMBERS (106 X 301) City Clerk Purcell presented the January 8 staff memorandum and the recommendation that the Council (1) Make Appointments to the Committees and Commissions for a two year term of office until December, 1997. (2) Appoint a chair to each of the Committees and Commissions for the next year. Council then proceeded to make the following appointments: City Council Minutes January 8, 1996 Page 2 View Restoration Commission: (1806) Carole Black, Jennifer Boudreau, Nancy Goern, Alan Green, Raymond Green, Warren Sweetnam, Walter Marshall; and Alternates Richard Gee, Ben Karmelich and Thomas Long. Councilman MCTaggart's motion, seconded by Councilwoman Ferraro to appoint Warren Sweetnam as chairman of this commission was withdrawn and Councilman Byrd then moved, seconded by Councilman McTaggart to appoint Ray Green chairman of this commission. Motion carried. Traffic Committee: (1502) William Baker, Linda Barnes, Barry Hildebrand, Charlotte Iseda, James Moore, James Slayden, and Gordon Whitney. Councilman McTaggart moved, seconded by Councilwoman Ferraro to appoint James Moore as chairman of this committee. Motion carried. Recreation and Parks Committee: (1201) Christina Bothamly, Eva Ciocoria Daria DiJulio, Frances Giffin, Carol Hildreth, Vince Laura and Jean Longacre-Singh. Councilwoman Ferraro moved, seconded by Councilman Byrd to appoint Carol Hildreth as chair of this committee. Motion carried. Finance Advisory Committee: (602) Derrick Au, Earl Butler, Frank Lyon, Marla Monk and Steve Peden. Councilman McTaggart moved, seconded by Councilwoman Ferraro to appoint Frank Lyon as chairman of this committee. Motion carried. Transit Advisory Committee: (1505) Kevin Hamilton, Rob Mack, Ava Shepherd, John Hill, Alternate Cable Tv Advisory Board: (605) Kenneth DeLong, Mary Jane Schoenheider and Ed Vincent. See attached Exhibit "A"for voting rosters. PUBLIC HEARING: ENVIRONMENTAL ASSESSMENT NO. 673 & CUP NO. 186 (TACO BELL) (1203 x 1804) Assistant Planner Fabio de Freitas presented the January 8 staff report and the City Council Minutes January 8, 1996 Page 3 recommendation to uphold the Planning Commission's decision, and Traffic Committee's recommendion, thereby denying the appeal; and direct staff to prepare appropriate resolutions for the next meeting. Inasmuch as Councilwoman Ferraro had voted on this project while a Planning Commissioner, she recused herself from the discussion and left the dais. Continuing with his report, Mr. de Freitas summarized the background on this project and the public hearings held before the Planning Commission. Additionally, he continued the review of his report which contained a discussion of the impacts of the project: Crime, Traffic, Child Safety, Noice, Neighborhood Character and Quality of Life. Lastly, he summarized the additional information received in the form of letters from residents in the area who expressed opposition to the projects. These letters were made a part of the agenda package. Speaking in opposition to this project was the appellant Ms. Vickie Livingston, 1712 Hollifield Court who recounted the traffic study she had conducted at a nearby establishment to learn about the volume of traffic that might be expected at the proposed project site. She requested that a proper case study involving other Taco Bell establishments in the adjacent neighborhoods be conducted to determine the true nature of the traffic and referenced a letter dated January 8, 1996 from Associated Traffic Consultants which critiqued the traffic study submitted by the property owner. Representing Taco Bell was William Fancher, 1342 Bell Avenue, Tustin, who questioned the methods used by the appellant in studying the traffic; cited the fact that his company hired a-traffic engineer to do their traffic count; and stated that the City had set the criteria for the project. Referencing the prior application for the car wash for this location he compared how this application differed from that project; explained that there was no view impact on those residents in the condominiums; that this project was walled off; that they were using existing drive ways; that no problem existed with the use of those driveways when a gas station was at this location; that the property is located in a commercial corridor and that this is a permitted use by the development code. He said that his client, Dr. Stanton, bought this property a number of years ago, that it has been a commercial site for a long time prior to the homes being built around it. The following residents of the area then spoke in opposition to the project: Julie Anderson, 28632 Friarstone Court; Debbie and Barry 1725 Hollyfield; and Ester Imbagliazzo, 28608 Mt. Palomar Place. Ms. Imbagliazzo presented a handout which listed the 40 existing eating establishments on a 1.1 mile stretch on Western Avenue from the Garden Village on the north to Summerland Street on the south. (This City Council Minutes January 8, 1996 Page 4 handout is on file with the City Clerk's Office.) Recess and Reconvene: At 8:35 P.M. Mayor Lyon declared a recess; the meeting reconvened at 8:45 P.M. Continuing with the public testimony, the following residents spoke in opposition to the project: Dan Imbagliazzo, 28608 Mt. Palomar Place; Dr. Don Graham, 28621 Friarstone Court; Ellen McEvoy, 1710 Byerton Court; Bobbie and John Wynhoff, 28554 Bearhaven Court; Greg Long, 28624 Friarstone Court; Linda West, 2037 Ave. Aprenda; David Trujillo, 2015 Toscanini Drive; Brian Livingston, 1723 Hollifield; Maureen Grider, 1931 Ave. Aprenda; Justin Biddle, 27612 Eldena Drive; Don Shults, 2129 Velez Drive; Nina Yoshida, 28808 Gunter Road; and, Dr. Ramiro Garcia, 1835 Caddington Drive. These speakers cited the following impacts and elements of the proposed project: the resulting increase in noise and traffic; questioned the efficacy of the sound wall; expressed concern that the site would become a hangout; the effects of the traffic when school lets out; concern that there would be loud car radio noise emanating from the site; the "U" turn patterns that would result from customer traffic; the congestion in the area; cited the accidents that have occurred involving school children in the area; questioned whether the sign requesting people to turn down their radios would be effective; the inadequate site distance caused by nearby landscaping; and the fact that the only egress from the project was near the intersectiuon of Western and Caddington and how that presented a safety problem for school children at peak hours. Mr. Imgabliazzo presented a letter from the Misetich Investment Co., Inc. which cited Taco Bell's decision to build a Corporate store versus a franchisee establishment at this proposed location. (This letter is on file with the City Clerk's Office.) Representing the applicant was Richard Garland, 16787 Beach Boulevard, Huntington Beach, who clarified some aspects of the traffic count and said that their methods for the count were the same as those used by SCAG, the MTA; that they took traffic counts at similar Taco Bell locations; and explained the method used in their research to determine the data and average numbers used for the project. He said that turns at Caddington are protected with a left turn arrow, that there is no conflict with pedestrians at that location. Speaking in favor of the staff recommendation were the following individuals: Scott Gobble, 5209 Calle De Arboles, President of the Palos Verdes Chamber of Commerce; and Larry Goldsmith, 3815 Bluff Street, Vice President of the Palos Verdes Chamber of Commerce. These speakers stressed the fact that the project had been heard by the Planning Commission and Traffic Committee; that the features of the project had been the subject of a lot of debate; that a number of jobs would result from the project; that the company is a good corporate citizen; that people who reside in the City are City Council Minutes January 8, 1996 Page 5 involved in this project; and, that it was necessary to retain existing business and to attract new ones to the area. Speaking in rebuttral was Dam Imbagliazzo, who questioned the traffic comparisons made; and, again questioned the "U" turn patterns that will develop to get onto and off of the site. He also questioned using the traffic patterns for the previously existing gas station and said that additional businesses have been established since the gas station was closed. Also speaking in rebuttal was Mr. Fancher who cited the people who work for his corporation and live in the area; said that he had never received a call from the appellants to discuss this matter; stated that he has submitted all of the required information and studies which have been approved by both the Traffic Committee and the Planning Commission and explained how he intended to use landscaping to combat the opportunity for graffiti. He said that this businss is not a traffic generator, but rather taps into the existing traffic in the area. Council then proceeded to inquire about various elements of this project: how some of the requirements of the conditional use permit will be enforced; whether the traffic requirements should first be approved by CALTRANS before the Council could approve the project; how this project would have a visual impact on the upstairs bedrooms of the condominiums on Hollifield Ct.; if the sound wall would project the noise out toward Western Avenue; how this site compared with other Taco Bell establishments in the area; and, the criteria that Taco Bell looks for when picking a restaurant site. Additional comments centered on the traffic patterns, "U" turns, the possibility of gridlock in this area, and whether a comprehensive traffic study of Western Avenue should be done. Councilman McTaggart moved, seconded by Councilman Byrd to close the public hearing. Motion carried on the following roll call vote: Ayes: McTaggart, Byrd, Hollingsworth, Ferraro and Mayor Lyon. Noes: None Councilman McTaggart moved, seconded by Councilman Byrd to sustain the appeal without prejudice based on the following reasons: the volume of business would affect the neighborhood character and quality of life; the number of"u" turns, if approved by caltrans, would increase the traffic impact on Western Avenue; because of the proximity of schools the child safety issue needs to be adequately addressed; also, littering and graffiti would be a problem. City Council Minutes January 8, 1996 Page 6 ADJOURNMENT: AT 10:30 P.M. Council adjourned to Monday, January 15, 1996 at 6:00 p.m. at Hesse Park for a regular adjourned meeting. MA R ATTEST: FF ! CITY CLERK NAGROMCITYURKWIINUTES11896CCM. City Council Minutes January 8, 1996 Page 7 VIEW RESTORATION COMMISSION - (7 MEMBERS AND 3 ALTERNATES) CO UNCIIIKEMBERS NcTAGGART BYRD FERRARO HOLLINGS- LYON TOTAL WORTH APPLICANTS AU, DERRICK (3) *BLACK, CAROLE I l *BOUDBEAU, JENNIFER GEE, RICHARD (1) �- *GOERN, NANCY t *GREEN, ALAN i *GREEN, RAYMOND HARWOOD, RICHARD (2) KARMELICH, BEN (1) LONG, THOMAS (1) l MARSHALL, WALTER (1) PADILLA, VIRGINIA (2) ROUGHEN, MARK (1) SHEPHERD, AVA (1) *SWEETNAM, WARREN URAGUCHI, GEORGE (2) YOUNG, JOHN (1) ' * INCUMBENT n:GROUP:CITY CLERK VRC.BLT EXHIBIT "A" January 8, 1996 City Council Minutes Exhibit "A" Page 1 VIEW RESTORATION COMMISSION - (7 MEMBERS AND 3 ALTERNATES) COUNCI 14EMBERS McTAGGART BYRD FERRARO HOLLINGS- LYON TOTAL WORTH APPLICANTS AU, DERRICK (3) *BLACK, CAROLE *BOUDREAU, JENNIFER GEE, RICHARD (1) *GOERN, NANCY *GREEN, ALAN Im *GREEN, RAYMOND HARWOOD, RICHARD (2) KARtMELICHr BEN (1) LONG, TROMAS (1) r77MARSHALL, WALTER (1) � � m PADILLA, VIRGINIA (2) ROUGHEN, MARC (1) 1 f} - - SHEPHERD, AVA (1) IA *SWEETNAM, WARREN URAGUCHI, GEORGE (2) YOUNG, JOHN (1) to * INCUMBENT n:GROUP:CITY CLERK VRC.BLT January 8, 1996 City Council Minutes Exhibit "A" Page 2 TRAFFIC COMMITTEE - (7 MFMERS) COUNCILMEMBERS McTAt3GART BYRD FERRARO HOLLINGS- LYON TOTAL WORTH APPLICANTS BAKER, WILLIAM (2) i I *BARNES LINDA 11 DeLONG, KENNETH (1) GEE, RICHARD, (3) HAMILTON, KEVIN (2) HARWOOD, RICHARD (3) HILDEBRAND, BARRY (2) rISEDAr CHARLOTTE (1) LONGACRE-SINGH, JEAN (3) *MOOREf JAMES MURRAY, DOUGLAS (2) ORTOLANO, RALPH (3) ROUGHEN, MARK (2) *SLAYDEN, JAMES (2) r i 1 SPELLS, JOSEPH (1) *URAGUCHI, GEORGE *VON NO F CHT RDEN LY , AR VID . *WHITNEY, GORDON 1 * INCUMBENT n:GROUP:CITY CLERK TRFCOM.BLT January 8, 1996 City Council Minutes Exhibit "A" Page 3 TRAFFIC COMNII TTEE - (7 MOWERS) F OUNCILMEMBERS McTAGGART BYRD FERRARO HOLLINGS- LYON TOTAL WORTH APPLICANTS BAKER, WILLIAM (2) *BARNES, LINDA D@LONG, KENNETH (1) GEE, RICHARD, (3) HAMILTON, KEVIN (2) HARWOOD, RICHARD (3) HILDEBRAND, BARRY (2) I SEDA.-,- CHARLOTTE (1) L-ONGACRE-SINGH, JEAN (3) *MOORE, JAMES MURRAY'r DOUGLAS (2) ORTOLANO, RALPH (3) ROUGHEN, MARK (2) *SLAYDEN, JAMES (2) SPELLS, JOSEPH (1) *URAGUCHI, GEORGE *VON NORDENFLYCHT, ARVID 1 *WHITNEY, GORDON * INCUMBENT n:GROUP:CITY CLERK TRFCOM.BLT January 8, 1996 City Council Minutes Exhibit "A" Page 4 0/ RECREATION AND PARKS DEPT. - (7 MEMBERS) OUNCILHEMBERS McTAGGART BYRD FERR.ARO HOLLINGS- LYON TOTAL WORTH APPLICANTS r *BOTHAMLY, CHRISTINA SUTLER, EARL (2) CICORIA EVA 1 r � ) DiJULIO, DARIA (1) 1 j 1 GIFFIN, FRANCES (1) =*HIL=DRETH6v CAROL i l LAURA, VINCE (1) I GACRE-SINGH 1 LON r 'JEAN ( ) MCKEAN, CHALLI (3) P KMARLA (3UGHEN, MARK (3)ELLS, JOSEPH (2) SWENSON, KENNETH (3 ) URAGUCHI, GEORGE (3) ZAMZOW, CHARLES (3) * .INCUMBENT n:GROUP:CITY CLERK RECPARK.BLT January 8, 1996 City Council Minutes Exhibit "A" Page 5 FINANCE ADVISORY COMMITTEE - (5 MEMBERS) COUNCILMEIMERS McTAGGART BYRD P'ERRARO xOLLINaS- LYON TOTAL WORTH APPLICAl�1TS AU, DERRICK (1) BUTLER, EARL (1) BOWREAU, JENNIFER (3) HILL, JOHN (2) ' I *LYON, FRANK ( I ( I S MARSHALL, WAILER (2) McKEAN, CHALET (2) Mom, MARLA (2) ORTOLANO, RALPH (2) PEDEN, STEVE (2) SPELLS, JOSEPH (3) t SWENSON, KENNETH (2) ZAMZOW, CHARLES (2) �- * INCUMBENT n:GROUP:CITY CLERK FINCOM.BLT January 8, 1996 City Council Minutes Exhibit "A" Page 6 TRANSIT ADVISORY BOARD - (3 MEMBERS AND 1 ALTERNATE) COUNCII�EMBERS MCTAGGART BYRD FERRARO HOLLINGS- LYON TOTAL. WORTH APPLICANTS GEE, RICHARD, (3) *HAMILTON, KEVIN 1 HILL, JOHN (3) C , (2 t MACK, ROB ) MARSHALL, WALTER (3) SHEPHERD AVA .2 ( ) Y all * INCUMBENT n:GROUP:CITY CLERK TRANSIT.BLT January 8, 1996 City Council Minutes Exhibit "A" Page 7 PUBLIC ACCESS CABLE TV ADVISORY BOARD - (3 MEMBERS) COUNCII.14EMffiERS McTAGGART BYRD FERRARO HOLLINGS- LYON TOTAL WORTH APPLICANTS .ARL 3'f DeLONG, KENNETH (2) C SCFiOENHEIDER, MARY (1) A *VINCENT, ED * INCUMBENT n:GROUP:CITY CLERK CABLETV.BLT January 8, 1996 City Council Minutes Exhibit "A" Page 8