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CC MINS 19951108M I N U T E S REGULAR MEETING RANCHO PALOS VERDES CITY COUNCIL NOVEMBER 8, 1995 The meeting was called to order at 6:00 P.M. by Mayor Byrd at the Fred Hesse Park Community Center, 29301 Hawthorne Boulevard. After the Pledge of Allegiance, roll call was answered as follows: PRESENT: LYON, McTAGGART, BROOKS AND MAYOR BYRD ABSENT: NONE Also present were City Manager Paul Bussey, Planning & Building Director Bret Bernard, Public Works Director Trent Pulliam, City Clerk Jo Purcell, City Attorney Carol Lynch, Assistant City Manager Pamela Antil. Councilmembers -elect Ferraro and Hollingsworth were also present.. CEREMONIAL EVENT:(304 X 1101) Mayor Byrd presented a City tile to Assistant City Manager Pam Antil on the occasion of her resignation from the City to join the firm of Norm Thomas & Associates. The Mayor thanked Ms. Antil for her service and contribution to the City since 1989. APPROVAL OF AGENDA: Councilwoman Brooks moved, seconded by Councilwoman Lyon to approve the agenda. Motion carried. Lois Larue, 3136 Barkentine, spoke to the following items on the Consent Calendar: minutes of October 17 and the register of demands. APPROVAL OF CONSENT CALENDAR: At the request of staff, the minutes of October 17 were removed from the Consent Calendar. Councilwoman Brooks moved, seconded by Councilman McTaggart 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. CLAIM AGAINST THE CITY BY THOMAS M. WYNNE (301 X 303) Rejected the claim and directed the City Clerk to advise the claimant. CLAIM AGAINST THE CITY BY SANG SU KIM (301 X 303) Rejected the claim and directed the City Clerk to advise the claimant. LADERA LINDA - MONTESSORI SCHOOL (1201). Conceptually approved the proposal from the Montessori School of Manhattan Beach to lease additional space at Ladera Linda Community Center and directed the Planning Department to proceed with the conditional use permit revision. GIFT FOR PARKS - KIWANIS CLUB OF PALOS VERDES PENINSULA (1201) Accepted the gift of $2500 for the REACH program from the Kiwanis Club of Palos Verdes Peninsula and directed staff to prepare a letter for the Mayor's signature expressing the Council's thanks and appreciation. RESOL. NO. 95 -96 - SALARY RANGE ADJUSTMENT - DIRECTOR OF FINANCE (1101 X 1202) ADOPTED RESOL. NO. 95 -96 AMENDING RESOL. NO. 92 -95 ADOPTING CERTAIN SALARY RANGES FOR FULL -TIME AND PART TIME EMPLOYEES TO ADJUST THE SALARY RANGE FOR THE DIRECTOR OF FINANCE CLASSIFICATION. RESOL. NO. 95 -97 - CAPITAL IMPROVEMENT PROGRAM (602 X 1204 X 1505) ADOPTED RESOL. NO. 95 -97 AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE FUNDING AGREEMENTS WITH THE STATE OF CALIFORNIA FOR CYCLES 5 AND 6 OF THE STATE AND LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FOR APPROVED CAPITAL IMPROVEMENT ROAD PROJECTS. RESOL. NO. 95 -98 HEIGHT VARIATION NO. 806 APPEAL (1203 X 1804) ADOPTED RESOL. NO. 95 -98 UPHOLDING THE APPEAL OF HEIGHT VARIATION NO. 806 THEREBY DENYING WITHOUT PREJUDICE, THE CONSTRUCTION OF A 6,953 SQUARE FOOT (4,110 SQ. FOOTPRINT AND 2,824 SQ. SECOND FLOOR) NEW TWO STORY RESIDENCE TO A MAXIMUM HEIGHT OF 26' 0" AT 60 AVENIDA CORONA. RESOL. NO. 95 -99 - CIVIC CENTER DRAINAGE PROJECT (1201 X 1204) CITY COUNCIL MINUTES NOVEMBER 81 1995 PAGE 2 (1) Awarded contract to SRD Construction for for $101,306 anauthorized staff to spend up to an additional $5,000 for contingencies for a total authorization of $106,306. (2) Authorized the Mayor and City Clerk to execute a contract with SRD Construction for the Civic Center Drainage Improvement project. (3) Adopted Resol. No. 95 -99 AMENDING RESOLUTION NO, 95 -50, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1995 -96, FOR A BUDGET ADJUSTMENT TO THE CITY'S CAPITAL PROJECTS FUND. RESOL. NO. 95 -100 - REGISTER OF DEMANDS (602) Adopted RESOL. . NO. 95 -100 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: LYON, McTAGGART, BROOKS AND MAYOR BYRD NOES: NONE PUBLIC HEARINGS: # DEVELOPMENT CODE AMENDMENT NO. 34 (1203 X 1801) UA # Mayor Byrd declared the public hearing open and the City Clerk reported that notice had been duly published and that all written protests received by the City were included in the Council's agenda packet. Senior Planner Joel Rojas, presented the staff report of November 8 and the following recommendations: (1) Review the Planning Commission's recommended amendments to select chapters of the City's Development Code -- titles 16 and 17; and, (2) Provide staff with direction on the proposed Code amendments and their review. Continuing, Mr. Rojas detailed the public hearing procedure spanning 19 months during which the Planning Commission conceptually approved all 52 chapters contained in Titles 16 and 17 and their formal approval of the 21 chapters submitted to Council for review. Council then proceeded to review the draft amendments as follows: Chapter 16.08 - LOT LINE ADJUSTMENTS: 16.08.010 (Application -- Submittal and Review) No changes to proposed draft. 16.12 - PARCEL MAPS - The City Attorney suggested inserting the appeal language CITY COUNCIL MINUTES NOVEMBER 8, 1995 PAGE 3 found in Section 17.12.02 0 (E) into Section 17.12.04 0 (B). The Council agreed. 16.28 - CORRECTION AND AMENDMENT OF MAPS: No changes to proposed draft. CHAPTER 17.46 LARGE DOMESTIC ANIMAL OVERLAY (LDA) DISTRICT Senior Planner Rojas summarized the various proposed amendments to this chapter. The title was changed. The purpose of the chapter was expanded to allow the keeping of animals for very limited commercial uses in order to correspond with the new license requirement of the chapter. To maintain consistency, the regulations for the keeping of animals on developed lots were restated in the same manner as for vacant lots. A regulation was added which now required that a vacant lot with animals be contiguous to residentially improved property owned or controlled by the same individual. Continuing, he said that existing restrictions on commercial boarding had been removed and replaced by language that would require a property owner to obtain a business license if three or more horse were maintained or boarded on their parcel. The fees and procedures for obtaining the business license were not discussed in the chapter because they would be established by the Council through a separate business license ordinance. Additionally, he said that the noticing requirements for the public hearing necessary to establish an overlay district were expanded; that a requirement was added which would prohibit electrically charged fences from causing radio /television interference; that language had been added to require stables, barns, etc. to be partially screened from public view and from adjacent properties; that a sub - section had been added to address the issue of keeping multiple animals on a single parcel by creating additional development standards. Lastly, he reported, that the provisions for creating an Animal Advisory Committee had been deleted and the restrictions affecting nonconforming properties had been relaxed and simplified. Speaking in opposition to the business license requirement were the following persons: Kay Bara, 1 Peppertree Drive, representing the Palos Verdes Peninsula Horsemens Association; Jack Downhill, 20 Vanderlip Drive; Staci Wilson, 10 Cherryhill Lane, Enzo Giobbe, 10 Cherryhill Lane; Corinne Gerrard, 22 Narcissa Drive; Linda Rawlings, 29624 Grandpoint; Peggi Roderich, 32202 Avenger Place; Charlene O'Neil, 38 Headland Drive; and, Kathy Snell, 8 Vanderlip Lane. These speakers stressed that requiring a business license would discourage horse keeping; that nobody in the area boarded a large number of horses; that the requirement that a person own a house to be able to board a horse in the area was not equitable and CITY COUNCIL MINUTES NOVEMBER 8, 1995 PAGE 4 that all lots within the City should have the same privileges; that requiring a business license for ownership of three horses or more would be an administrative nightmare because enforcement would be so difficult; that the requirement for a license might have a negative affect on the value of all horse property; that perhaps the real problem with the horse keeping was a mere difference of opinion between neighbors not really requiring the intervention of the City; that the requirement of a business license might require a homeowner to get commercial insurance; that perhaps the issue of horse boarding should be reviewed by the Council on a case -by -case basis; that boarding facilities are scarce with Portuguese Bend being one of the few remaining areas available to horseowners; and, that the boarding of animals such as goats kept in check the weeds which fuel fire. Speaking in favor of the requirement for licensing were the following residents: Robert Maxwell, 7 E. Pomegranate Road; Toni Deeble, 3 Pomegranate Road; and, Betty Field Strauss, 10 Pomegranate road . These speakers stressed that they felt that the level of boarding in the area was indeed commercial; that people from other communities board their horses within the City; that many of the stables and corrals have a poor appearance; that the CC &R's of the area prohibit commercial boarding in this residential area; that the majority of the residents in the area were against maintaining these conditions; that absentee landowners were renting out their vacant lots for boarding; that one member of their community is boarding as many as 14 horses; and, that it is not the responsibility of the owners in that area to provide for boarding of animals from outside of their community. (Mr. Maxwell presented a written statement and photographs of the Portuguese Bend area depicting several stables and corrals and the condition of those properties. These photos and his statement are on file with the City Clerk's Office. Ms. Deeble presented a survey of the Portuguese Bend Community Association indicating the attitude of the residents about the boarding of horses. This survey is on file with the City Clerk's Office.) Recess and Reconvene: At 7:35 P.M. the Mayor declared a recess: at 7:55 P.M. the meeting reconvened. Council discussion of this matter focused on the necessity of getting information on how such boarding is handled by other communities; if a method of accountability for these boarding practices other than through business license was possible; whether indeed code enforcement should be pursued on a case by case basis; the difficulty in tracking the ownership of horses; and, the appropriateness of renting a vacant parcel for horse boarding. It was the consensus of Council to continue this matter to the next meeting. CITY COUNCIL MINUTES NOVEMBER 81 1995 PAGE 5 CHAPTER 17.11 AFFORDABLE HOUSING - Sandra Genis of Sandra Genis Planning Resources explained the purpose of the new chapter and summarized the affordable housing programs contained in the chapter as discussed in her May 18, 1995 discussion paper on the matter. That paper explained the following features of the affordable housing programs: density bonus /affordable housing incentives; inclusionary housing requirement; replacement requirement for affordable housing in the coastal zone; and, affordable housing requirement /fee for nonresidential development. 17.10 SECOND UNIT DEVELOPMENT STANDARDS: Senior Planner Rojas summarized this chapter which was created as part of the 1990/91 proposed code amendments, allowing the development of second units in residential zones with approval of a CUP. In accordance with affordable housing programs committed to by the City in the last update to the City's housing element (1992), a procedure had been added to allow the Director or ministerially approve second units /granny flats (without a CUP), if the development standards of the chapter are met. Conversely, the various development standards of the chapter were clarified and strengthened. For example, new language was added which limited the size of the second unit, prohibited exterior stairs and separate entrances, and required both the primary and second to be under the same ownership. Speaking to this matter was Rollin Sturgeon, who requested that a requirement for "compatibility" be added to the standards for this chapter. Additionally, he requested that such second units be connected via a common hall. Lois Larue questioned whether this chapter met the affordable unit needs of the City. At 8:30 P.M. the Council recessed to meet as the Redevelopment Agency. At 9:45 P.M. the meeting reconvened. COASTAL PERMIT NO. 129 APPEAL ( 7 01 X 12 03 ) Mayor Byrd declared the hearing open and the City Clerk reported that notice had been duly published and that all written protests received by the City were included in the Council's agenda packet. Associate Planner Terry Silverman presented the staff report and the recommendation to adopt the proposed resolution DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF COASTAL PERMIT NO. 129 APPEAL, ISSUED IN CONJUNCTION WITH GEOLOGIC INVESTIGATION PERMIT NO. 90 - REVISION "A" FOR IMPROVEMENT TO AN CITY COUNCIL MINUTES NOVEMBER 81 1995 PAGE 6 EXISTING ROADWAY AND GRADING OF A NEW ACCESS ROAD BRANCHING OFF THE EXISTING ROAD, WHICH LIES WITHIN AN APPEALABLE AREA OF THE COASTAL DISTRICT. Kathy Snell, 8 Vanderlip Lane, expressed her concern about the road that had been installed and in particular what would happen with it in the event of rain. Also, she said she would like to see the gnatcatcher reintroduced to the area. Earl Casler. 3324 Narino Drive, distributed a map of the area showing what he felt was the direction and movement of the slide and questioned the efficacy of this geologic test boring project. Appellant Lois Larue, cited what she felt was damage done to the Sacred Cove areas by the bulldozing of the road. City Manager Bussey explained that one of the priorities of the Panel of Experts was implementation of shore protection for Abalone Cove; that this project was a part of that goal and even though there was no indication of movement, it was still necessary to locate the toe of the slide and understand the geology of the area. Council discussion then centered on the necessity of establishing baseline information to determine the cause of the shoreline erosion; that the minor damage done by the installation of this road would be offset by the environmental project resulting from the use of the information obtained; that the road could be used for beach access upon the completion of the project and that mitigating foliage would be restored to the area to prevent erosion during the rainy season. Staff reported that prior to the installation of the road, the area had been inspected by a representative of the State Department of Fish and Game and it was determined that no significant coastal sage scrub habitat or gnatcatchers existed there. Charles Abbott explained the temporary erosion protection that would be installed in the area; that this is an active landslide; that the location of the road was moved because of the instability of the area; that the vegetation is regenerated constantly; that the Corps study covers the Abalone Cove area to the Portuguese Bend area and that the information gained will be used by Dr. Ehlig to fill in some of the geologic blanks in current data. Ms. Silverman clarified that Ms. Larue's original appeal stated that she was appealing the Coastal Permit and not the Geologic Investigation Permit, and therefore the appeal of 61P No. 90 Revision "A" is final. CITY COUNCIL MINUTES NOVEMBER 81 1995 PAGE 7 Councilman McTaggart moved, seconded by Councilwoman Brooks to adopt RESOL. NO. 95 -101 DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF COASTAL PERMIT NO. 129 APPEAL, ISSUED IN CONJUNCTION WITH GEOLOGIC INVESTIGATION PERMIT NO. 90 - REVISION "A" FOR IMPROVEMENT TO AN EXISTING ROADWAY AND GRADING OF A NEW ACCESS ROAD BRANCHING OFF THE EXISTING ROAD, WHICH LIES WITHIN AN APPEALABLE AREA OF THE COASTAL DISTRICT. The motion carried on the following roll call vote: AYES: LYON, BROOKS, McTAGGART, & MAYOR BYRD NOES: NONE TRACT NO. 46422 - RELEASE OF LANDSCAPING BOND (1203 X 1411) Councilwoman Brooks moved, seconded by Councilwoman Lyon, to waive reading of the staff report. Motion carried. The staff recommendation was to direct the City Clerk and the Public Works Director to reduce bond No. 3SM761 737 00 from $74,100 to $26,676; and, release the remaining $47,424. Speaking in opposition to this recommendation was Louis Schiappa, 32 Via Lorenzo, who explained that seven of the lots had been sold, that three of the lots were not yet landscaped but that the developer was still obligated for the landscaping requirements but had no mechanism of enforcment since they longer owned the lots. He requested that the City consider imposing some mechanism such as requiring the completion of the landscaping prior to issuing a occupancy permit. Staff explained that the developer removed vegetation that he was required to keep at the time of development of the tract; that he had made an agreement with the City for the loss of that vegetation; and, that perhaps there was some mechanism to solve Mr. Schiappa's situation, but that would require a meeting with staff . Councilwoman Brooks moved, seconded by Councilman McTaggart to adopt the staff recommendation. Motion carried. LEAGUE OF CALIFORNIA CITIES ANNUAL MEETING Mayor Pro -Tem Lyon summarized her attendance at the Annual League meeting and reported on the status of the City sponsored legislation which the League had now voted to support: Concentration of care facilities in residential neighborhoods; indemnification of contract building and safety personnel; and, indemnification of cities in the event of land subsidence. CITY CODE OF ETHICS (1101 X 1202) CITY COUNCIL MINUTES NOVEMBER 8, 1995 PAGE 8 City Attorney Lynch summarized her proposed resolution adopting a code of ethics on such matters as Use of City Property; Conflict of Interest; Ex Parte Communications; avoidance of the appearance of impropriety; and, disclosure of confidential information; and, relations with city staff. Discussion of this Code centered on certain sections: what was meant by ex parte communications; expanding that section regarding avoidance of the appearance of impropriety; to include businesses other than construction; the practicality of all communications going through the City Manager; and, the difference between telling staff about a complaint versus telling them what to do. Lois Larue inquired if the code covered contractors such as Charles Abbott and Dwight French. City Attorney Lynch explained that the current conflict of interest code does indeed cover any contributions from those and other consultants. Councilwoman Brooks moved, seconded by Mayor Pro Tem. Lyon to carry the matter forward to the next council. AUDIENCE COMMENTS: Greg Lang, 28624 Friarstone Court, representing the Strathmore Townhomes Association requested to speak to the appeal of the Planning Commission's decision on the Taco Bell project. Council informed Mr. Long that the matter would be coming before them for hearing and that they could not take his testimony. Kathy Snell, 8 Vanderlip Lane, spoke to several matters: Friendship Park; cutting the Planning Commission back to five members; and, the white sand bags outside of the Bara residence. Lois Larue, handed out an excerpt from the Brown Act. CITY COUNCIL MINUTES NOVEMBER 8, 1995 PAGE 9 Recess to Closed Session, reconvene and adjournment: At 10:31 P. M. the council recessed to a closed session. The meeting reconvened at 11:00 p.m, with no action taken and immediately adjourned on motion of Councilman McTaggart. ATTEST: / 7 CITY CLERK n :111MCCA NOV 8 95 CCAGENDA CITY COUNCIL MINUTES NOVEMBER 81 1995 PAGE 10