Loading...
CC MINS 19950404M I N U T E S REGULAR MEETING RANCHO PALOS VERDES CITY COUNCIL APRIL 4, 1995 The meeting was called to order at 6:30 P.M. by Mayor Lee Byrd at the Hesse Park Community Center, 29301 Hawthorne Boulevard, and immediately recessed to a closed session agenda checklist. The meeting reconvened at 7:10 P.M. by the Mayor and following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: LYON, McTAGGART, BROOKS, AND MAYOR BYRD ABSENT: NONE Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, Planning & Building Director Bret Bernard, Public Works Director Trent Pulliam, Planning Administrator Carolynn Petru, Recreation Administrator Ron Rosenfeld, City Clerk Jo Purcell,. City Attorney Carol Lynch and Associate Planner Terry Silverman. APPROVAL OF AGENDA: Councilman McTaggart moved, seconded by Councilwoman Lyon. to approve the agenda as presented. Motion carried. APPROVAL OF CONSENT CALENDAR: Speaking to the minutes of March 21, February 21, February 7 and January 21 was Lois LarUe, 3136 Barkentine Road. Councilwoman Brooks moved, seconded by Councilwoman Lyon to approve the Consent Calendar as follows: WAIVER OF READING Adopted a motion to waive reading in full of all ordinances and resolutions 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 March 21, March 16, February 21, February 7 and January 21, 1995. CDBG REIMBURSABLE CONTRACT (601 x 1204) Authorized the City Manager and the City Clerk to execute the annual CDBG reimbursable contract authorizing the City to participate in the FY 95 -96 program. CONTRACT - FY 94 -95 CITYWIDE STREET PAVEMENT OVERLAY PROGRAM (140S X 12 04 ) (1) Awarded a contract and authorized staff to issue contract change order No. 1 to All American Asphalt for the Citywide Residential Street Program FY94 -95 (part A) in the amount of $798,844.63 And the Mira leste Drive overlay (part B ) in the amount of $ For a total contract price of $906,,859.56 And authorize staff to spend up to an.addi.tional $40,,000 for the part A and $5,400 for part B to cover project contingencies for a total authorization not to exceed $952,259.56; And (2) Authorized the Mayor and City Clerk to execute a contract with All American Asphalt, for the, construction of the FY94 -95 Street Pavement Overlay Program and Miraleste Drive Overlay from Via Colinita to the Palos Verdes Drive East. CONTRACT - FY94 -95 SIDEWALK REPAIR PROGRAM (1405 X 1204) (1) Awarded a contract and change order No. 1 To Ranco Corporation in the amount of $60,823.40 and authorized staff to spend up to $2,500 contingency for the FY 1994-95 Sidewalk Repair program;. and (2) Authorized the Mayor and City Clerk to execute the agreement with Ranco Corporation. RESOL. NO. 95 -31 - REGISTER OF DEMANDS (602) Adopted Resolution No. 95 --31. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: LYON, McTAGGART, BROOKS & MAYOR BYRD NOES: NONE ABSENT: NONE U RECYCLE DRAWING: Councilwoman Brooks drew a card from the recycling drum for the month of April. Mayor Byrd announced that the John R. Buck family was the recycle winner for the month of March and was eligible for one year's work of free refuse pick -up. Additionally, he announced that since spring had arrived that this was an ideal time to consider composting garden clippings. Such composting could be accommodated by purchasing a composting bin from local nurseries and that the CITY COUNCIL MINUTES APRIL 41 1995 PAGE 2 City provided a $20 discount on these bins. Residents were encouraged to call the Public Works Department to get more information about composting. VARIANCE NO. 378 - COASTAL PERMIT NO. 124 APPEAL LOCATION: 6470 SEACOVE DRIVE (1804 X 1203) Mayor Byrd opened this public hearing and City Clerk Purcell announced that notice of this hearing had been duly published and that a letter of protest had been made part of the agenda packet. Associate Planner Terry Silverman presented the staff report of April 4th and the recommendation to adopt Resol. No. 95- Denying the appeal, thereby upholding the Planning Commission's decision with respect to an after - the -fact fountain located in the front yard setback area. Responding to Council's inquiry, Ms. Silverman summarized the other code violations existing on this property. Fred Gains, the attorney representing the appellants and property owners Dr. and Mrs. Hunt, said that the only issue being considered at the hearing was the fountain in the front yard, that the Planning Commission had allowed the fountain to stay at six feet thus requiring them to remove the top it inches. He said that the discrepancy in the height of the fountain depends on the reference point used for measuring the fountain and he requested that they be allowed to keep six additional inches on the top. He said that the fountain has never been an issue, that complaints have been about the palm trees that blocked views. Continuing, he said that his clients were willing to remove palm trees and would be submitting a landscape plan for approval for the whole site. He suggested that the matter be continued for 30 days to allow his clients to move forward on correcting other violations. Complicating the landscape plan, however, was ensuring that drainage is appropriate for protection of the coastal bluff. Responding to Council's inquiry, Mr. Gains said that none of the trees have been taken out and that all construction and landscaping has been stopped. He volunteered that the bluff behind the house fared better than any other of the bluff top residences in the area. Dr. Rick Quintero, 6490 Seacove Drive, said that he lives next to the property in question, that over the past several years numerous promises to correct these violations have been made but that none have been carried through. For example, he said that over 90 days ago the Hunts promised to present a landscape plan but that has not yet been submitted and they continue to be in violation of the tract's CC &Rs. He said that he had no problem with the fountain, CITY COUNCIL MINUTES APRIL 41 1995 PAGE 3 but that no correction had been made on the other violations. Planning Commission Chairman Nick Mowlds summarized the Planning Commission's action on this matter and in particular stressed that the even after a 30 delay, a compromise on the issues could not be reached. Council then deliberated on the suitability of Alternative No. 3 to continue the item for a period of 30 days to allow the landowner the opportunity to make significant progress towards bringing the property into compliance with previous City actions, prior to taking action on the subject appeal. Debate then ensued about the term "significant" and how that would be measured by staff. Attorney Gains then summarized the corrections that his clients would make within 30 days: submit a landscape plan for the entire site and that said plan would identify walkways and plants; and, replace with wrought iron that section of the solid wall seaward of the building line and which had been identified by the northerly neighbor as blocking views. City Attorney Lynch directed attention to Commission Resolution No. 93 -27 which conditions governing the landscaping plan queen palm trees on the property. . ." conditions were not being revisited and remove all palm trees except four. Exhibit "A" of Planning contained all of the including "removal of all She opined, that these that the order was to Focusing on the fountain and whether it should be reduced in height, it was the consensus that if compliance was received within 60 days that the fountain could remain as is. Councilwoman Brooks moved, seconded by Councilman McTaggart to continue the hearing to June 6, 1995. Motion carried. AUTOMOTIVE SERVICE OVERLAY CONTROL DISTRICT MORATORIUM (701 X 1203) City Manager Bussey presented the April 4 report that contained a detailed background on the adoption of the Automotive Service Overlay District Ordinance No,, 294, Continuing, Mr. Bussey briefed the Council on the application for a CUP for the station on the corner of Hawthorne and Granvia Altamira which already had been approved by the Planning Commission and was now scheduled to be heard by the Council on April 18 . If Council wished to consider possible changes to the Automotive Service Overlay Control District prior to any further public hearings on such applications, he suggested that Council consider adoption of an urgency ordinance declaring a moratorium on further approvals. CITY COUNCIL MINUTES APRIL 4, 1995 PAGE 4 City Attorney Lynch advised that comments should focus solely on the overlay ordinance and not on any pending individual application. Speaking in favor of exploring the possibility of a moratorium was Kenneth and Nancy Moore, 6344 Villa Rosa Drive who expressed concern for the effects this overlay district had on the residents of the peninsula and questioned whether it was maintaining an essential or inessential convenience. Additionally, they were concerned that without property controls this type of business would result in a loss of property value. They said they were not interested in putting anybody out of business and were in favor of setting up a citizens ad hoc committee to study the issue. Steve Saporito, 28004 Ridgebluff Court, said that this ordinance took three years to set in place, that it allows business owners the opportunity to modernize, expand and improve their businesses, most of which had been in operation since the mid 1960s. He said that he has over $1 million at stake in his business, that the required conditional use permit process allowed everybody the chance to appeal what was being considered for approval at each site and he urged the Council to keep the ordinance the way it presently is written. Bill Myers, 28103 Hawthorne Boulevard presented a written statement and he urged that a moratorium not be implemented. Discussion of the matter then focused on the original purpose of this ordinance was to prevent further reduction in the number of gas stations on the Peninsula and the undesirable situation this would cause in the event of a major disaster such as an earthquake. However, concern was now being expressed about the ancillary uses proposed for these gas stations in the event of their renovations. While none of the renovations had yet been completed, it was felt that the one station on Hawthorne Boulevard and Granvia Altamira might provide the City with such practical experience. Since these stations would be examined on a case by case basis through the conditional use permit process, it was also argued that a moratorium would not be a responsible way to deal with the issue. To address the concern that more guidelines be given to the Planning Commission to aid in their deliberation of such applications, it was suggested that a joint session be held with the Commission. Of particular concern was that consideration be given to building design and signage. City Attorney Lynch opined that the code could be amended in a public hearing and when the Council considered such project conditions, that limits could be fine tuned and, if necessary, projects would be remanded to the Planning Commission with policy limits. CITY COUNCIL MINUTES APRIL 4, 1995 PAGE 5 Director Bernard reported that the Planning Commission had not closed the public hearing on this matter and that there was still an opportunity to consider modifying or changing the chapter of the Development Code before the Commission finished its review. The Council suggested that a joint workshop with the Planning Commission to review the overlay guidelines would be beneficial and should take place before the Commission finishes its Code review. EASTVIEN PARK PLAYGROUND EQUIPMENT (1201) Recreation Administrator Ron Rosenfeld presented the staff report of April 4 and the recommendation to: (1) Approve the Recreation and Park Committee's recommendation to install playground equipment and benches at Eastview Park. (2) Direct staff to include an amount not to exceed $45,000 in the 1995 -96 Fiscal Budget for the design, purchase and installation of playground equipment. Upon Council inquiry about the practicality of installing motion detectors and lights in the area of this equipment, staff responded that the matter would be investigated. Speaking in favor of the installation of this equipment were the following residents of that area: Don Shults 2129 Velez Drive, representing the Rolling Hills Rivera Homeowners Association, Heather Douvinbus , 28612 Fr iarstone Court; Linda West, 2037 Avenida Aprenda, and David & Kristy Trujillo, 2015 Toscanini Drive. These residents cited the lack of playgrounds in that area and felt it would be a good investment in the neighborhood. After a brief discussion of how soon installation would take place and what the additional cost would be to install the motion detectors and lights, Councilwoman Brooks moved, seconded by Councilman McTaggart to approve an amount not to exceed $47,500 to install playground equipment and benches at Eastview Park; said installation to be made as soon as possible this fiscal year and that funding come from the unappropriated Quimby funds. The motion carried on the following roll call vote: AYES: LYON, McTAGGART, BROOKS & MAYOR BYRD NOES NONE The suggestion was made that after the installation of the equipment that this park be rededicated. TEMPORARY CLOSURE OF CRESTRIDGE RD. - VICINITY OF P. V. ARTS CENTER (12 0 4 X 15 0 2) Director Pulliam presented the April 4 staff memorandum and the CITY COUNCIL MINUTES APRIL 41 1995 PAGE 6 recommendation to deny the request to temporarily close Crestridge Road in the vicinity of the Art Center because of the resulting unsafe conditions and combined with the heavy church traffic on weekends. Council discussion of this requested closure centered on whether the Traffic Committee should review this request. Concern was expressed, however, that since the Traffic Committee was not due to meet until sometime in May, that such a delay might hinder the preparation for the Art Center's event. It was the consensus that staff should determine the last practical date that a decision could be made on this matter and, if necessary, a special meeting of the Traffic Committee during April should be called to deliberate on the matter. Lois Larue spoke in favor of this temporary closure. SHORELINE PARR (12 01 X 1101) City Manager Bussey presented the report of April 4 and the recommendation to provide direction to staff if Council wished to take any action toward the City purchase of Shoreline Park. Considering the geology of the surrounding area, of major concern to the Council was that this property be kept as open space. While no price was set on the property, it was the consensus that the Council wished to be kept informed of the County's progress on this sale and, if the price was affordable, the Council indicated that there may be some interest on the part of the City in buying this property. It was agreed that the City Manager should write a letter reflecting such a position. RECESS & RECONVENE: At 8:55 P . M. Mayor Byrd declared a recess. The meeting reconvened at 9:05 P.M. AUDIENCE COMMENTS: Responding to the Mayor's call for audience comments for items not on the agenda was Lois Larue who talked about her experience with a rattlesnake. ADJOURNMENT: At 9:10 P.M. the meeting adjourned on motion of Councilman McTaggart. MAY R ATTEST: i lb P CITY a : t .4 A. 3 9KCC a CITY COUNCIL MINUTES APRIL 41 1995 PAGE 7