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CC MINS 19900320M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 20, 1990 The meeting was called to order at 7:00 P.M. by Mayor Hughes. at Hesse Park Community Center, 29301 Hawthorne Boulevard and immediately recessed to a closed session to discuss pending litigation. The City Attorney announced that the closed session was held pursuant to Government Code Section 54956.9x. The meeting adjourned at 7:30 P.M. with no action taken. The regular business meeting was called to order at 7:30 P.M. by Mayor Hughes. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: McTAGGART, RYAN, BACHARACH, HINCHLIFFE AND MAYOR HUGHES CLOSED SESSION City Attorney Calonne announced that the Council held a closed session pursuant to the authority of Gov't Code Section 54956.9(a) to confer with and receive advice from legal counsel regarding pending litigation as defined in said section. Council discussed the following cases: Association of Property Owners vs. Rancho Palos Verdes Improvement District #7; Anthony Segreto vs. City of Rancho Palos Verdes; and Tumanjan vs. City of Rancho Palos Verdes. Also present were City Manager William Cornett, Jr., Deputy City Manager Mark Rohloff, Environmental Services Director Robert Benard, City Attorney Aprel Pierre Calonne, Public Works Director George Wentz, and Recreation and Parks Director Mary Thomas. WAIVER OF FULL READINGS ORDINANCES AND RESOLUTIONS Councilman Hinchliffe moved, seconded by Councilwoman Bacharach and carried 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 reading of the title of such ordinance or resolution. APPROVAL OF AGENDA Councilwoman Bacharach requested that Continued Business Item #2 be tabled to the April 2, 1990 meeting. Ms. Bacharach also requested that the City Council and City Manager reports on Eastview Park be moved to the first item under Public Hearings. It was also requested that Consent Calendar Item #7 regarding the Eagle Scout project be removed and placed after the Consent Calendar in order to allow for separate discussion. Councilman Hinchliffe moved, seconded by Councilwoman Bacharach and carried to approve the agenda as amended. CONSENT CALENDAR After removal of the Eagle Scout project item, the Consent Calendar was approved as follows on motion of Councilman Hinchliffe, and seconded by Councilwoman Bacharach. MINUTES VACATION OF CONSTRUCTION/ SLOPE EASEMENT TRACT NO. 18220 (450x1411) VACATION OF CONSTRUCTION/ SLOPE EASEMENT TRACT No. 18220 (450x1411) Approved the minutes of February 20 and March 6, 1990. Approved the vacation of the construction /slope easement on lot No. 1 of Tract No. 18220, 71 Rockinghorse Rd. Approved the vacation of the construction /slope easement on lot No. 74, Tract No. 18220, 5 Bridle Lane, RESOLUTION NO. 90 -14 Adopted RESOLUTION NO. 90 -14 REGISTER OF DEMANDS ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. IJ DERA LINDA - AWARD OF Awarded the contract for FENCING CONTRACT (1201X1204) fencing improvements at Ladera Linda to Lightning Fence at a cost not to exceed $44,815 plus provide a 10% contingency of $4,400 for a total authorized expenditure of $49,215. SALE OF P.V. TRANSIT VANS (1505) LEGISLATION: AB16X (CORTESE) SEISMIC SAFETY ELEMENTS (306) Authorized staff to negotiate the sale of five retired P.V. Transit Vans. Approved provision of comments to the League of California Cities in support of the proposed analysis. RESOLUTION NO. 90 -15 Adopted Resolution No. 90 -15 VEGETATION /VIEW ANALYSIS authorizing the interim use of FOR SITE PLANS (1801) a covenant to protect views as an optional means of vegetation /view analysis for over - the - counter approvals. The motion to approve the Consent Calendar carried on the following roll call vote: -2- MARCH 20, 1990 AYES: McTAGGART, RYAN BACHARACH, HINCHLIFFE AND MAYOR HUGHES NOES: NONE INSTALLATION OF SEAT BELT Staff recommended to SIGNS AS AN EAGLE SCOUT allow the installation PROJECT (305) of "Buckle Up" seat belt reminder signs on side streets at their intersections with Hawthorne Boulevard. Councilwoman Bacharach stated she felt that installing the signs would increase the proliferation of signs and the warning would go unnoticed. Robert Watson, 30636 Via La Cresta, the Eagle Scout proposing the project, asked the Council to adopt his suggestion. Councilman Hinchliffe suggested that perhaps Hughes Market and other private property owners would agree to post the signs on their property, and Mr. Hinchliffe offered to donate one sign. Councilwoman Bacharach then moved to reject the staff recommendation and to ask staff to work with Mr. Watson to find placement for his proposed signs on private property. The motion was seconded by Councilman Hinchliffe and carried unanimously. EASTVIEN PARR CITY COUNCIL Councilman McTaggart moved, ACTION /REPORT (1201) seconded by Councilman Ryan and carried, to reconsider Council action of March 6, 1990 on this motion. Councilwoman Bacharach moved, seconded by Councilman Hinchliffe to adopt staff's recommendation as presented at the March 6, 1990 meeting. The recommendation read as follows: Award the contract for the construction of Eastview Park to Marina Contractors at a cost not to exceed $379,840, plus provide a 10% contingency of $37,960 for a total authorized amount of $417,800. Councilman Ryan objected that the proposed structure went from concept to contract without being carefully examined. Walter Yeager, 27803 Montereina Drive, asked the Council to continue moving ahead on the park in spite of the questions on the structure. Gary Russell, 1411 Toscanini Drive, also asked that the work on the park continue without interruption. Linda West, 2037 Avenida Aprenda, asked the Council not to hold up the project because of the structure. Andrew Bonacich, 1909 Toscanini, representing the Rolling -3- MARCH 20, 1990 Hills Riviera HOA, asked that the Council move the project ahead quickly. Robert West, 2037 Avenida Aprenda, also asked the same. Councilman Ryan asked that the motion on the floor be amended to require that the plans and specifications for the proposed structure be furnished to the Parks and Recreation Committee for review and change if needed by the Council. Councilwoman Bacharach accepted the amendment, but the second did not. The original motion was restated and carried unanimously. CONDITIONAL USE PERMIT Environmental Services NO. 147 -- APPEAL Director Benard presented the PAN ASIAN BUILDING (1804) staff recommendation to deny the appeal thereby upholding the action of the Planning Commission conditionally approving the project. As requested by the Council, a detailed scale model and materials board were presented showing the plot plan and cross - sections revised. to reflect the new design. It was also noted that the earthen mound in question exists in early City records as being higher than the proposed building. Walter Zell, 3011 Haddington Drive, Los Angeles, property owner and applicant, demonstrated that the proposed roof line is 6' lower than the current height of the earthen mound, and much lower than Golden Cove Center or the church. ,Tack Chapman, 220 S. Pacific Coast Highway, who was retained by Villa Capri resident James Hayes, asked for a continuance on the item in order to accommodate his client, who is a new resident. James Hayes, 64 Via Capri, also asked for a continuance and clarification on the Negative Declaration. Councilmembers Bacharach and Hinchliffe objected to the suggested continuance, stating that the project had been before the City for over two years, and that it currently meets all aspects of the Development Code. Sonja Pederson Hayes, 64 Via Capri, objected to the potential discomfort during the proposed construction, and asked that a bond be posted to protect the Villa Capri homeowners. Mayor Hughes noted that the Villa Capri residents had purchased their homes next to an existing shopping center, and with full knowledge of the proposed construction of the now small project. -4- MARCH 20 , 1990 John Douglass, 62 Via Capri, appellant, asked that his prepared remarks be made part of the record. (Said statement is on file with the City Clerk's office.) Walter Zell, 3011 Haddington, Los Angeles, applicant, detailed the history of over 20 meetings he has had with the Villa Capri homeowners, the Planning Commission and the City Council, noted that the proposed project is being built on solid rock and will actually shore up the Villa Capri project, which is on 13' of fill, and that all the delays caused by the homeowners have cost his company a lot of money. Councilman Ryan moved to continue the public hearing for 30 days to allow the appellant more time, and Councilman McTaggart seconded the motion. Councilwoman Bacharach objected to a continuation, saying that it would not be possible to wait until every new homeowner in Villa Capri moved in and decided whether or not they would object to the proposed project. The motion on the floor to continue the public hearing was voted upon and failed 2 -3 with Councilmembers Hinchliffe, Bacharach and Mayor Hughes dissenting. Councilman Hinchliffe moved, seconded by Councilwoman Bacharach, to close the public hearing. The motion passed 3 -2 with Councilmembers McTaggart and Ryan dissenting. Councilman McTaggart stated he felt there would be significant environmental impact due to the excavation, and Councilman Ryan objected to the size of the project and the amount of proposed excavation. Councilman Hinchliffe noted that the current project meets all code requirements, and Councilwoman Bacharach also stated that over the past two and one -half years, the applicant had carefully and sensitively addressed all the concerns stated by the Villa Capri residents, and Ms. Bacharach suggested that the staff come back with tight guidelines for the construction timef rame. Councilman Hinchliffe moved to accept the staff recommendation and to have the staff bring back a resolution of approval. Councilwoman Bacharach seconded the motion, which passed 3 -2 with Councilmembers Ryan and McTaggart dissenting. RECESS: At 9:50 P.M. the Mayor declared a recess. At 10:05 P.M. the meeting reconvened. On the motion of Councilmembers Bacharach and Ryan, the agenda was reopened in order to table the City Manager Reports item regarding the evaluation of proposals for Building and Safety contract services. Without objection, the item was tabled until the April 17 meeting. Also tabled to the April 3 meeting was the Continued Business item -5- MARCH 20, 1990 regarding crossing guards. AUDIENCE QUESTIONS: Toni Elich, 6902 Purple Ridge Drive, addressed the vicious dog issue, noting that more bites occur from German Shepherds than from her type of dog. Ms. Elich also presented the remains of her dog as proof that he had been destroyed. Roy Fulwider, 28219 Hazelridge, asked that an Arbor Day program be instigated by the City. Mr. Fulwider also asked where the recycling monies were being used. Assistant to the City Manager Pam Weaver noted that the Parks and Recreation Department is sponsoring an Earth Day on April 22 with tree planting and recycling activities planned, and Councilwoman Bacharach stated that all recycling monies are going into beautification projects for the homeowners associations and projects along the right-of-ways. CODE AMENDMENT NO. 29 Mayor Hughes declared the FENCES, WALLS & HEDGES (1801) public hearing open, and Planning Administrator Curtis Williams reported that proper public notice had been given. Mr. Williams then presented the staff recommendation to accept public testimony and to direct staff to prepare an Ordinance for introduction at the Council's April 3, 1990 meeting. City Attorney Calonne suggested that the ordinance be more specific as to when seated or standing view positions are appropriate. Mr. Williams also noted that the covenant to protect views would give an additional level of enforcement to the amendment. Richard Motz, 32413 Searaven, referred to his letter to the Council and objected to the proposed permit process. Robert West, 2037 Avenida Aprenda, presented photos showing his own view loss and asked if his situation was covered in the proposed amendment. George Fink, 32353 Searaven, spoke in support of the amendment, and suggested that downslope owners be made to show need before they are allowed to erect a fence. Gil Alberio, 2177 Rockinghorse Road, suggested that the view analyses be taken from seated positions only, and he presented sketches showing possible view impairment situations. Jacob Nagy, 6510 Via Baron, asked for clarification on certain aspects of the amendment, and stated that he felt the word "adjacent" was too ambiguous. -6- MARCH 20, 1990 The public hearing was closed without objection. The Council recommended that the "significant" view impairment wording remain as is; that view impairment be demonstrated from a standing position unless the primary viewing area is more suitable to viewing in a sitting position; that the Covenant to Protect Views was not necessary; that broader language be used on Exemption #1 regarding the setbacks on either side of the fence, wall or hedge; and that a separate permit be required for a fence, wall or hedge. Councilman Hinchliffe moved to adopt the staff recommendation incorporating the suggested modifications. Councilman McTaggart seconded the motion, which passed unanimously. GENERAL PLAN AMENDMENT Director Benard presented the AND ZONE CHANGE INITIATION staff report of March 20 and REQUEST -- Long Point (741) the recommendation to approve the General Plan /Coastal Specific Plan Amendment initiation request, thereby allowing the applicant to pursue the Zone Change application pursuant to Code Section 17.64.040. Councilman Ryan asked what the benefit of 80 more homes would be, and Mr. Benard replied that additional open space may be attainable, financial benefit may be available through participation in the municipal improvements being discussed may be possible and through the CUP the development can be controlled to maintain a low profile. It was noted for the record that a Mrs. Field of 10 Pomegranate had called the Planning office to register her statement in favor of the zone change. Jeffrey Seymour, Morey /Seymour and Associates, 12424 Wilshire Blvd., Los Angeles, representing applicant the Monaghan Company, asked the Council to favorably consider the Zone Change initiation request. Councilman Ryan noted that the applicant had purchased the property with the full knowledge of the zoning restrictions. Councilman Hinchliffe also questioned the appropriateness of the zone change, stating that the original guidelines had been set forth in the best interests of the community, and that the number of hotel rooms had been limited for specific reasons. Mr. Hinchliffe also suggested that the Coastal Commission would react negatively to the proposed zone change. Mr. Seymour stated that a transfer of the rights to the open space would be possible, as well as a reconfiguration of the residential element. ,roan Hanley, 3037 Deluna Drive, presented signed petitions supporting the residential component of the project. Ms. -7- MARCH 20, 1990 Hanley also stated that having a conference center in the community would be economically positive. Frank G. Smetana, 28043 Lobrook Drive, president of the Palos Verdes Peninsula Chamber of Commerce, spoke in favor of the zone change application. John Grischy, 14 Barkentine Road, referred to his letter to the Council and spoke in support of the zone change, golf course and residential units. Wes Schultz, 32700 Coastsite, spoke in support of the Long Point project and residential units. Bill Cullen, 5 Diamonte Lane, asked the Council to approve the zone change request. John Vanderlip, 99 Vanderlip Lane, also spoke in support of the proposed project and zone change. Shirley Farley, 6500 Via Colinita, asked the Council to approve the zone change and residential units. Barbara Wood, 32333 Phantom Drive, also spoke in support of the application, citing revenue to the City and Golden Cove. Robert Lusian, 32735 Seagate, spoke in support of the change. D. E. Clarke, 10 Peppertree, spoke in favor of the zone change and residential units. Connie Lufkin, 135 Seawall, spoke in support of the change. L. L. Whiteneck, 32709 Seagate, spoke in support of the application for reasons of pedestrian coastal access. Susan Whitlow, 13 Packet, spoke in support of the zone change for view corridor preservation reasons. Nick Mowlds, 6832 Verde Ridge Road, asked the Council to approve the application and get the project started. Susan McNeill, 6527 Monero Drive, spoke in support of the zone change, smaller hotel and the residential units. Sandra Stager, 32703 Via Palacio, spoke in support of the zone change so there would be a conference center. Sunshine, 6 Limetree, spoke in support of the zone change but objected to the housing element. M. Susan Green, 6518 Via Baron, spoke in support of the zone change. Joe Sullivan, 32679 Seagate, spoke in favor of the project. -8- MARCH 20, 1990 Sutter Kunkel, 3271 Parkhurst, spoke in favor of the project. Steve Carpenter, 6230 Scotmist, spoke in favor of the project. Luella Wike, 29172 Oceanridge Drive, spoke against the proposed zone change, and asked the Council to look at other possibilities before deciding on the residential element, including going back for a second look at the original design with the casitas, which would be less dense. Mrs. Wike also noted that if the residential lots were sold individually, it would leave the City open for much non - conformance. Jacob Nagy, 6510 Via Baron, spoke against the zone change application, citing lack of benefit to the City, only to the developer. Cathy Manning, 29438 Quailwood, spoke against the application, stating that it would be a dangerous precedent inviting more coastal buildout, and that the developer bought the property knowing what the zoning restrictions were. Ms. Manning also noted that a luxury hotel with 500 room would be more than adequate, and that the room number should be limited to 250 -3504 Chris Manning, 29438 Quailwood, representing the Peninsula Preservation group, also spoke against the zone change application, suggesting a smaller luxury type hotel be built instead. Bob Pelton, 2 Packet Road, spoke against the zone change application. Richard Bara, 1 Peppertree, also spoke against the application, and the golf course. J. McLaren, 3923 PVDS, spoke against the project. Brad Veek, 30523 Santa Luna Drive, representing the E1 Prado Estates HOA, spoke against the application. Mr. Fulwider, 28219 Hazelridge, spoke against the houses, but stated the hotel would bring income to the City. Bob McNulty, 19 Mustang Road, noted that the developer has a right to go through the process, and that the Council's responsibility is not to check the viability of the project. Councilman Ryan moved, seconded by Councilman McTaggart, to continue the public hearing, but the motion failed 2 -3 with Councilmembers Bacharach, Hinchliffe and Mayor Hughes dissenting. The public hearing was closed on the motion of Councilwoman Bacharach. -9- MARCH 20, 1990 Councilman Hinchliffe stated that he supports the hotel with 400 -500 units, the golf course, the casitas if marketed as a private part of the hotel, but does not support the residential element, and asked that a balance be found between the public and economic issues. Councilwoman Bacharach said she felt the casitas would be possible, and that there would be a greater range of possibilities available if the zone change were entertained. Mrs. Bacharach also noted that the Monaghan Company has the message from the Council that the City is looking for compensating open space. Councilman McTaggart spoke in support of a smaller hotel with casitas, with a possible timeshare option, and stated there was not need to initiate a zone change to investigate options. At this point, Director Benard noted that the casita concept fell into the commercial /recreational zone, and that it would probably not necessitate a rezoning. Councilman Hinchliffe moved to allow the Monaghan Company to initiate their request for an amendment to the General Plan. Councilwoman Bacharach seconded the motion, adding to the motion the authorization for the staff and developer to work together to come up with a proposal, and suggesting the developer look into compensating open space on or off the property. City Attorney Calonne noted that Council has had a limited opportunity to discuss these issues, and suggested that perhaps the Council could direct staff to present a range of options as part of the General Plan. Director Benard suggested that the City may never have had this kind of issue to deal with before, and without specific Council direction, it was difficult to move forward. Mayor Hughes lauded Mr. Calonne's suggestion, and asked Mr. Benard to come up with a large range of options. Mayor Hughes moved, seconded by Councilman Ryan and carried unanimously, to direct staff to develop a list of other possible options to bring back to the April 17th, 1990 Council meeting. LUNADA POINTE GRADING Director Benard presented the GUIDELINES (1411 x 1801) staff report of March 20 and the recommendation to adopt the Lunada Pointe Grading Guidelines dated March 6, 1990 for Tract No. 40640. -10- RCH 20, 1990 Richard B. Collins, 63 Marguerite Drive, president of the Lunada Pointe HOA, asked that the Council not adopt the guidelines, stating that they were overly restrictive and violated government codes. Tim Burrell, 4038 Exultant Drive, also spoke against the proposed guidelines. Councilman Ryan moved, seconded by Councilwoman Bacharach, to receive and file the guidelines. Mrs. Bacharach suggested dealing with the homeowners on a one -by -one basis. Director Benard asked that the Council be more specific, explaining that without the guidelines in place, the Planning Commission and City Council may face additional excessive grading applications and appeals. Councilman Hinchliffe stated that the guidelines would not be a guarantee that a homeowner would not challenge them. The motion on the floor carried on the following roll call vote: AYES: HINCHLIFFE, RYAN, BACHARACH AND MAYOR HUGHES NOES: McTAGGART NEW BUSINESS: HES Q857(02) PVDE Councilwoman Bacharach moved, REALIGNMENT PROJECT (1404) seconded by Councilman Ryan, and carried without objection, to award the PVDE realignment project to the responsible lowest bidder upon Caltrans approval. HES 000s(185) CITY- Councilwoman Bacharach moved, WIDE SIGN UPGRADE PROJECT seconded by Councilman Ryan (1404) and carried unanimously, to award the contract for the H.E.S. sign upgrade project to the lowest responsible bidder upon Caltrans approval. CITY PROSECUTION ORDINANCE It was unanimously agreed on (103) the motion of Councilman Ryan, seconded by Councilman Hinchliffe, to waive further reading and introduce Ordinance No. 252. OFF ROAD VEHICLE On the motion of Councilman ORDINANCE (1502) Ryan, seconded by Councilwoman Bacharach and carried unanimously, to waive further reading and introduce Ordinance No. 253. -11- MARCH 20, 1990 WRITTEN COMMUNICATIONS., LETTER FROM DIMENSION CABLE Due to the.latehess of the REGARDING TELEPHONE hour the representative's from COMPANIES ENTERING INTO Dimension Cable were gone. It CABLE TV INDUSTRY (605) was decide I d that they would'.be contacted and the'item would be put on a later agenda. CITY MANAGER REPORTS. FALSE ORDINANCE' Counc i Iman Ryan moved, REVISION (1206) seconded by Councilman Hinchliffe, and carried.', unanimously, to adopt the staff recommendation to authorize the City Manager and City Attorney to prepare the necessary ordinance amendments to implement the program.. EVALUATION OF PROPOSALS, Councilman Hinchliffe-moved to FOR CONTRACT SERVICES., adopt the staff recommendation PUBLIC WORKS MANAGEMENT to accept Charles Abbott AND BUILDING & SAFETY (1-204) Associates, directing the staff to bring back the terms and length of the contract, as well as all other details. The motion was seconded by Councilwoman Bacharach..and.carried without objection. ADJOURNMENT * At 30*1VA*M.*... Jm.e adjourned on `mot ion of "e Councilman Ryan and carried. Apr MA J,. 11-At _12- MARCH 20t 1990