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CC MINS 19931103M I N U T E S REGULAR MEETING RANCHO PALOS VERDES CITY COONCIL NOVEMBER 3, 1993 The meeting was called to order at 7:00 P.M. by Mayor Brooks at the Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: KUYKENDALL, McTAGGART, BACHARACH, AND MAYOR BROOKS ABSENT: NONE Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, Planning Director Bret Bernard, Public Works Director Trent Pulliam, Finance Director Brent Mattingly, City Clerk Jo Purcell and City Attorney Carol Lynch., CEREMONIAL EVENT: CITIZEN OF THE MONTH - DAVID FREEMAN (304) Mayor Brooks presented a Certificate of Recognition to David Freeman, producer of the Rancho Palos Verdes Anniversary video in appreciation of his artistic contribution in the production of that video. Mayor Brooks then introduced Councilmembers -elect Lee Byrd and Marilyn Lyon. APPROVAL OF AGENDA: Councilman Kuykendall moved, seconded by Councilwoman Bacharach to approve the agenda as presented. Motion carried. APPROVAL .OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine Rd., spoke to several items on the Consent Calendar, to wit: the October 5 minutes, Disadvantaged Business Enterprise Goals; and, stated her opposition to payment of certain items on the Register of Demands, Councilman Kuykendall moved, seconded by Councilwoman Bacharach to approve the Consent Calendar as follows. WAIVER OF FULL READING ADOPTED A MOTION TO WAIVE FULL READING OF ALL ORDINANCES AND RESOLUTIONS ADOPTED AT THE MEETING WITH CONSENT TO THE WAIVER OF READING DEEMED TO BE GIVEN BY ALL COUNCILMEMBERS AFTER THE READING OF THE TITLE. MINUTES APPROVED THE MINUTES OF OCTOBER 5, 1993. MIRALESTE & RIDGECREST RECREATION & PARK DISTRICTS - APPOINTMENT OF BOARD MEMBERS ( 3 01 X 12 0 0 ) (1) APPROVED THE APPOINTMENT OF CHERYL CAUGHLIN AND DONALD REEVES TO THE MIRALESTE RECREATION & PARK DISTRICT BOARD OF DIRECTORS FOR A TERM EACH OF FOUR YEARS. (2) APPROVED THE APPOINTMENT OF VICTOR HANSEN, DOLORES PITTLEKOW AND GWYNNE SHAW TO THE RIDGECREST RECREATION & PARK DISTRICT FOR A TERM EACH OF FOUR YEARS. (3) DIRECTED THE CITY CLERK TO NOTIFY THE LOS ANGELES COUNTY CLERK OF THE COUNCIL'S ACTION. DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOALS (601 X 1204) (1) APPROVED AND ADOPTED THE FISCAL YEAR 1993 -94 GOALS OF 13% FOR DBE PARTICIPATION IN FEDERALLY FUNDED PROJECTS. (2) DIRECTED THE CITY CLERK TO ADVERTISE AND POST THESE GOALS IN ACCORDANCE WITH FEDERAL GOVERNMENT REQUIREMENTS. RESOL. NOS. 93-98 & 93-99 - PUBLIC WORKS DEPARTMENT REORGANIZATION (1101 X 1202 X 1204) (1) ADOPTED RESOL. NO. 93 -98 AMENDING RESOL. NO. 92 -95 ADOPTING CERTAIN SALARY RANGES FOR FULL TIME EMPLOYEES TO INCLUDE A SALARY RANGE FOR THE RECENTLY CREATED POSITION OF MAINTENANCE SUPERINTENDENT. (2) ADOPTED RESOL. NO. 93 -99 AMENDING RESOLUTION NO. 93 -44, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1993 -94, FOR A BUDGET ADJUSTMENT TO THE GENERAL AND GAS TAX FUNDS. RESOL. NO. 93 -100 - REGISTER OF DEMANDS ADOPTED RESOLUTION NO. 93 -100. The motion to approve the consent calendar carried on the following roll call vote: AYES: KUYKENDALL, NOES: NONE ABSENT: NONE McTAGGART, BACHARACH & MAYOR BROOKS RECYCLE DRAWING: Reporter Ken Huthmaker from the Palos Verdes Peninsula News drew cards from the recycle drum. The people whose cards were drawn will be eligible for a year's worth of free trash pick -up service. PUBLIC HEARING: CITY COUNCIL MINUTES NOVEMBER 3, 1993 PAGE 2 RESOL . NO. 93-101 - TENTATIVE PARCEL MAP NO. 23548 - 26559 SILVER SPUR ROAD (1203 X 1410) MAYOR BROOKS OPENED THE PUBLIC HEARING ON THIS MATTER AND THE CITY CLERK REPORTED THAT NOTICE OF THE PUBLIC HEARING HAD BEEN DULY PUBLISHED. Associate Planner Terry Silverman presented the staff memorandum of November 3 and the recommendation to deny the appeal, thereby upholding the Planning Commission's denial of Tentative Parcel Map No. 23548 for the subdivision of a 37,132 square foot parcel into two single family residential lots on property located at 26559 Silver Spur Road. In summarizing her staff report, Ms. Silverman stated that in October of last year the Planning Commission denied without prejudice the request to subdivide a lot in the RS -5 zoning district into two single family residential parcels. At that time, the Planning Commission suggested that any resubmittal of the application be accompanied with plans demonstrating that the new parcel would be physically suitable for development. A revised application was submitted and included conceptual plans for construction of a 2,100 square foot, split level residence on the proposed Parcel 2. After reviewing the revised application and conceptual plans, the Planning Commission found that the proposed subdivision was not consistent with the General Plan, that the improvements would not be consistent with the General Plan and that the proposed Parcel 2 was not physically suitable for development. Continuing with her report, Ms. Silverman said that the applicant had offered alternative methods to address concerns of the Planning Commission: a restrictive "view easement" to limit the height of structures and protect views; revised plans showing approximately 1,200 square feet of outdoor living area; and, information rebutting the Commission's findings regarding grading in extreme slopes. While these alternatives addressed these concerns, the City had no guarantee that these conceptual plans are those that would be constructed by future developers of the property. Furthermore, the conditions that would be imposed on the property to mitigate any impacts would significantly burden and limit the development of the property in such a manner that it would be unlikely that future development could occur within the parameters established. Concluding her presentation, Ms. Silverman reported that the applicant had directly submitted additional information to the Council which had not yet been reviewed by staff. If that information presented any concern to the Council, staff would then recommend that the matter be continued to allow sufficient time for review and response. CITY COUNCIL MINUTES NOVEMBER 3, 1993 PAGE 3 Appellant and property owner Luke Conovaloff, 26559 Silver Spur Road, told the Council that he and his wife bought the property several years ago so they could build a new home, they found the lot had the characteristics to satisfy the City's demands for a lot split, they appreciated the Planning Commission's input concerning problems that might be encountered, and that they enlisted the services of Architect David: Boyd who created a conceptual design for a 2100 sq . ft. home . He said that their attorney, Bill Finer, helped with the mechanism for a view easement because presently they do not have such protection. He said that this lot split would allow for a new custom home, that with the installation of a fire hydrant, it would upgrade fire safety in the area. With regard to grading in the restricted use area, he said this would involve only a small portion of the driveway, and that while his consultants created a diagram showing an outside living area, the zoning for that district had no such standards. Elaine Conovaloff summarized what she felt to be the important issues: meeting the criteria of the Development Code, and performing the studies requested by the Planning Commission, all of which she felt indicated that the lot was buildable. Representing the Conovaloffs was their attorney Bill Finer, who said that in reviewing the criteria it appeared that this property met all of them. He suggested the use of covenants which would restrict certain things such as the height of buildings and landscaping on the proposed Parcel 2. He stated that future grading could also be restricted and explained how this would entitle neighbors to object to future grading and potential view impairment. Also representing the appellants was Doug McHattie of So. Bay Engineering, 304 Tejon Place, Palos Verdes Estates, who said that insofar as the two -year limitation on grading within the restricted area was concerned, it would take two and one -half years to get the project approved, and that the restricted use area was created with construction of the cul --de -sac. It was his opinion that the grading would take place under and within the house and that none would occur outside. Architect David Boyd, 23314 Crenshaw Boulevard, said he had designed this house to be compatible with the neighborhood. He then referred to the photographs in the applicant's booklet which he felt showed that this was a logical project for this street. Representing Mr. and Mrs. Jesse Dorman, was Attorney Allan Block, 2049 Century Park East, Los Angeles, who stated that this project was not compatible with the area, and that it should be denied for more reasons than those cited by the Planning Commission. Mr. Block then presented a written summary of his opposition to this CITY COUNCIL MINUTES NOVEMBER 3, 1993 PAGE 4 project. (This summary is on file with the City Clerk's Office.) Speaking in opposition to this project were the following residents of the neighborhood: Bob Besancency, 26543 Silver Spur Road; Dr. Allan Sholl, 26535 Silver Spur Road; Fred Collins, 5360 Whitefox Drive; Jesse Dorman, 26557 Silver Spur; Edward Zack, 5343 Whitefox, John Logan and Priscilla Logan, 26567 Silver Spur. The concerns of these residents centered on the following issues: potential view impairment caused by the new construction, the increase in traffic hazards resulting from the increased density of the cul -de -sac, the impairment of light and sun entering into an adjacent home; that the steepness of the area might present problems in the event of heavy rains; building on the hillside would disturb the rural atmosphere on the area, that the representations depicted in the applicants' pictures were only theoretical and perhaps not practical, and, the incompatibility of the proposed, two story house with the majority of one story homes on Whitefox. Councilman McTaggart moved, seconded by Councilwoman Bacharach to close the public hearing. Motion carried. Council discussion then focused on the following: concern that building on this lot required so many caveats to make it buildable and the negative results experienced in doing this elsewhere in the City; the fact that when people buy property in an area that they need to assess the surrounding area; and, that with the proposed measures the Council would be creating an entitlement where one did not previously exist. Apropos of the question of conflict of interest on the part of a Planning Commissioner referred to in the Planning Commission minutes of October 13, 1992, it was the consensus that no conflict of interest existed, and that in the future a commissioner should contact the city attorney for advice. Based upon that advice, a Commissioner could then make their own decision about the conflict. Returning to the land use issue, the opinion was expressed that since only three houses were built on this lot originally, that the developer probably determined that a fourth lot was not possible. Conceivably, with present standards and technology, four new homes could have been built but that the Council was now limited to the present conditions. Another concern expressed was the placement of the fire hydrant and it was the consensus that Public Works should look at what could be done at this location. As a means of accommodating the applicants' project, a possible alternative proffered was whether there could be a restriction placed on the size of the home proposed for the site. To allow testimony on this proposal, Mayor Brooks moved to reopen the public hearing. Motion died for lack of a second. CITY COUNCIL MINUTES NOVEMBER 31 1993 PAGE 5 It was the consensus that Council could not make the findings necessary to make this site a buildable lot. Councilman Kuykendall moved, seconded by Councilwoman Bacharach to adopt the staff recommendation. The motion carried on the following roll call vote: AYES: KUYKENDALL, McTAGGART, & BACHARACH NOES: MAYOR BROOKS ORD NO o 294 - AUTOMOTIVE OVERLAY DISTRICT & RESOL . NO . 93-102 i 12 0 3 X 701 X 1804 j Speaking in favor of this overlay district was Mr. William Myers, who said that he is in the process of purchasing the Mobil station at Hawthorne and Granvia Altamira. He questioned the 50 decibel limit proposed at the last meeting and said that this would be equal to the conversation level of the meeting. He contended that a less stringent standard would be more realistic for the day to day operation of that business. Kenneth Moore, 6344 Villa Rosa, said he applauded the Council's attempt to put a noise provision in the ordinance. He stated he felt that a level of 65 decibels would be more realistic and that it was important how the noise was measured. He said there were inconsistencies in the ordinance and that the noise issue was not properly stated. Councilman McTaggart moved, seconded by Mayor Brooks that the Planning Commission should study the issue of noise levels from commercial uses as part of the upcoming comprehensive Development Code Revisions. The motion carried. Councilman McTaggart moved, seconded by Mayor Brooks to ADOPT ORDINANCE NO. 294 OF THE CITY OF RANCHO PALOS VERDES CREATING AN AUTOMOTIVE SERVICE OVERLAY CONTROL DISTRICT; THEREBY AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. The motion carried on the following roll call vote: AYES: KUYKENDALL, McTAGGART, BACHARACH & MAYOR BROOKS NOES: NONE Councilman McTaggart moved, seconded by Councilman Kuykendall to ADOPT RESOL. NO, 93 -102 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING GENERAL PLAN AMENDMENT NO. 21 TO ALLOW FOR THE ADDITION OF AN AUTOMOTIVE SERVICE OVERLAY CONTROL DISTRICT TO THE CITY'S GENERAL PLAN. Motion carried. Councilman McTaggart moved, seconded by Mayor Brooks that because CITY COUNCIL MINUTES NOVEMBER 3, 1993 PAGE 6 air tools and air compressors inappropriately located could be annoying to nearby residents, that the Planning Commission consider an amendment dealing with the matter of mechanical equipment for automotive service overlay control districts. Motion carried. Recess: At 8:35 P.M. the Mayor declared a recess. The meeting reconvened at 8:54 P.M. AUDIENCE COMMENTS: Lois Larue , 3136 Barkent ine Road, spoke relative to election material distributed by a Council candidate. RESOL. NO. 93 -103 BUDGET ADJUSTMENT MUNICIPAL AREA EXPRESS ( 602 x 1204 x 1505 ) PUBLIC WORKS DIRECTOR PULLIAM PRESENTED THE STAFF MEMORANDUM OF NOVEMBER 3RD AND THE RECOMMENDATION TO ADOPT A RESOLUTION APPROVING A BUDGET ADJUSTMENT TO THE FY 1993 -94 PROPOSITION A FUND. A brief Council discussion ensued relative to the reduced fares on MAX. It was the consensus that a public service announcement and a press release should be issued about this reduced fare. Councilman Kuykendall moved, seconded by Councilwoman Bacharach to ADOPT RESOLUTION NO. 93 -103 AMENDING RESOLUTION NO. 93 -44, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1993 -94, FOR A BUDGET ADJUSTMENT TO THE PROPOSITION "A" FUND. Motion carried. PALOS VERDES PENINSULA CHAMBER OF COMMERCE - ELECTION OF THE BOARD OF DIRECTORS ( 3 0 5 X 1101 ) CITY CLERK PURCELL PRESENTED THE STAFF MEMORANDUM OF NOVEMBER 3RD AND THE RECOMMENDATION AS FOLLOWS: (1) EACH MEMBER OF COUNCIL VOTE FOR THEIR CHOICE OF NOMINEES; OR, (2) AUTHORIZE THE MAYOR TO VOTE ON BEHALF OF THE CITY. Councilman Kuykendall moved, seconded by Councilman McTaggart to authorize the Mayor to vote on behalf of the City. Motion carried. It was the consensus that staff should prepare a policy authorizing the mayor to vote on behalf of the City when similar voting requirements are necessary. STATUS OF DIRECTIVES: Zip Code Change - Mayor Brooks reported that she had been in touch with the post office and has been assured that changing the City's Zip Code is tied in with the post office making certain data conversion and that the change will take place by mid-1994. She said she had been assured that the City will have one zip code number. Daladier Undergrounding - Staff reported that there will be CITY COUNCIL MINUTES NOVEMBER 3, 1993 PAGE 7 meeting within the next week on this matter and that a report would be presented to Council. Adjournment: At 9:16 Councilwoman Bacharach moved to adjourn the meeting. i MAYOR ATTEST: CITY 113 3ccm CITY COUNCIL MINUTES NOVEMBER 3. 1993 PAGE 8