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CC MINS 19920901M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING SEPTEMBER 1, 1992 The meeting of the City Council was called to order by Mayor McTaggart at 6:30 P.M. at Hesse Park Community Center, 29301 Hawthorne Boulevard and was immediately recessed to a closed session. The regular meeting of the City Council was called to order at 7:00 P.M. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BROOKS, RYAN, KUYKENDALL, BACHARACH AND MAYOR McTAGGART Also present were City Manager Paul Bussey, Deputy City Manager Mark Rohlof, f , Environmental Services Director Dudley Onderdonk, Public Works Director Trent Pulliam, Recreation and Parks Director Mary Thomas, City Attorney Carol Lynch, and City Clerk Jo Purcell, The City Attorney announced that a closed session had been held and that the City Council discussed U.S. of America vs. Montrose Chemical Co. vs and the Sierra Club vs. the City of Rancho Palos Verdes. APPROVAL OF AGENDA After addition of MTA representation (Ryan) and update on R. U. L. E . (Brooks), the agenda was adopted as amended on motion of Councilwoman Bacharach, seconded by Councilman Kuykendall. Motion carried. CONSENT CALENDAR Two items were removed from the Consent Calendar to be discussed later in the meeting: agreement with UCLA for installation and operation of a global positioning system and, agreement with CalTech for installation of a seismographic station. The remainder of the consent calendar was then approved as follows on motion of Councilman Kuykendall, seconded by Councilwoman Bacharach. 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 June 27, June 30, July 7 Joint Work Session, July 21, August 15, and August 18, 1992. CLAIM AGAINST THE CITY BY ALICE LIU (303) Rejected the claim and directed the City Clerk to notify the claimant of the City Council's action. CLAIM AGAINST THE CITY BY LOIS AND FRED HENDRICKS (303) Rejected the claim and directed the City Clerk to notify the claimant of the City Council's action. MIRALESTE P &R DISTRICT - APPOINTMENT OF BOARD MEMBERS (1201) Approved the appointment of Michael L. Lawler and Clifford Lydden to the Board of the Miraleste Recreation and Park District to serve until December 1995. RESOL. NO. 92 -93 REGISTER OF DEMANDS Adopted RESOLUTION NO. 92 -93 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. TRACT NO. 46422 - ACCEPTANCE OF MONUMENTATION (1411) Accepted the monumentation for this tract as complete and directed the City Clerk to notify E.S. Development. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: BROOKS, RYAN, KUYKENDALL, BACHARACH, AND MAYOR McTAGGART # RECYCLE DRAWING - Three cards were drawn from the recycle lottery barrel. PUBLIC BEARING: TRACT NO. 40640 - REQUEST TO REMOVE THE "RESTRICTIVE AREA" FROM LOT 13 (1411) Mayor McTaggart opened the public hearing on the request to remove the restrictive area from lot 13 ( 79 Marguerite Drive) . The City Clerk reported that notice of the public hearing had been duly published and that no written protest had been received by the City. Environmental Services Director Onderdonk presented the staff memorandum of September 1, 1992 and briefed the Council on the history of this tract as a 25 lot residential planned development which was approved by the City Council on December 7, 1981. At that time, questions remained regarding the suitability of development of portions of certain lots because of geologic factors related to the proximity of the coastal bluff. Consequently, Condition No. 3 of Resol. No. 81 -87 required the developer to either eliminate all geologic hazards associated with development of the tract or delineate "restricted use areas" on the f inal map. The intent of the designation was to prohibit buildings and other structures within these restricted areas. In October 1991 the developer of this tract inquired about removal of this restriction. On December 17, 1991, the restriction on Lot No. 12 was removed based upon recommendations by the City Geologist. The owners of Lot No. 13 had now submitted a similar request. Removal criteria established for other lots in this development state that structures may be allowed upon the recommendation of the City Geologist after review of geology /soils reports which demonstrate that the area is satisfactory for the construction proposed. After a review of geotechnical reports for this restricted use area on Lot 13, the City's consulting geologists (then RSA Associates) approved the removal of the "restricted" reference in a letter dated May 11, 19900 Continuing with his report, Mr. Onderdonk said that based upon the City Geologist's findings, staff believed that the basis for the use restriction designation on this lot no longer existed. Staff recommended that the tract amendment be approved thereby allowing the "restricted use area" designation on Lot 13 be removed from the recorded tract map. Council inquiries of staff concentrated on the factor of geologic stability of 2 SEPTEMBER 1, 1992 the area in question. Lois Larue, 3136 Barkentine Rd. spoke relative to public access notation on the map which accompanied the staff report. The property owner, Jamie B. Lewis, 79 Marguerite Drive, said that he purchased the property last year; at that time the adjacent lots also had this "restricted area use" designation on their property; that after geologic review the restriction had been removed from those properties (lots 11, 12 and 14); that this restricted use area is located between his home and the building setback line; that they planned to have a patio area, but no structure in that location. He said he felt comfortable in purchasing the lot and developing it; that there is no problem with that strip of land and that he simply wanted the restricted area removed from that lot just like it was removed from the other three lots. Some of the issues raised during Council discussion was whether there was adequate geological information to proceed on this matter; if certain conditions could be placed on the installation of a spa in the area; clarification that the public access notation on the map accompanying the staff report had no relationship to the existing public access; and, the fact that geological review will as a matter of standard practice be required by the City. Councilwoman Bacharach moved, seconded by Councilman Kuykendall. Motion carried to close the public hearing. Motion carried.. Councilwoman Brooks moved, seconded by Councilman Ryan to adopt the staff recommendation and ADOPT RESOL. NO. 92 -94 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING AMENDMENT NO. 3 TO TRACT NO. 40640. Motion carried. C.U.P. NO. 131 - EQUESTRIAN TRAILS - MARRIOTT FACILITY (701 x 1804) Environmental Services Director Onderdonk presented the staff memorandum of September 1st and the recommendation to initiate a revision to C.U.P. No . 131 and the Conceptual Trails Plan to remove any requirement for equestrian trails in the Crestridge /Highridge area of the City. Speaking in opposition to this equestrian trail were the following persons: Ray Mathys, 5738 Whitecliff Drive, speaking on behalf of the Mesa P. V. Homeowners Association; Alvin Lafon, 5801 W. Crestridge Road, representing The Canterbury; Edward A. Trabin, 5730 Whiteclif f Dr., representing Congregation Ner Tamid; and, Dan Blatt, 29225 Stonecrest Road, Rolling Hills Estates. These speakers expressed opposition to the equestrian trail based upon homeowner objection to horse trails in this area; the fact that Council had approved trails in this area of the City as a "pedestrian only" at their December 15, 1988 meeting; that such a trail presented health, aesthetic and environmental problems in this institutional zone; the resultant maintenance costs for these trails; and, how the already heavy traffic conditions in the area would be exacerbated by the presence of horses. Speaking in support of an equestrian trail were the following persons: Sunshine, 6 Limetree, who submitted material for the record which she referenced throughout her testimony; Barbara Dye, 7035 Hartcrest Drive; and Linda Miller, 2283 Carriage Drive, Rolling Hills Estates, representing the Palos Verdes Peninsula Horseman's Association. These speakers cited the urbanization of this frontage along the north side of Crestridge Road as contributing to the need for the trail; the fact that the Conceptual Trails Plan was flexible and after review permitted amendment to the Plan; and, cited the effectiveness of this particular link and how its removal would require equestrians to ride in the street. Councilman Ryan moved, seconded by Councilwoman Brooks to eliminate the equestrian trails in this area of the City and require the landowner to dedicate SEPTEMBER 1, 1992 and improve the existing pedestrian trails on the north slope of the site, as specified in the Conceptual Trails Plan by correcting the conditions of approval for Conditional Use Permit No, 131. Council discussion of the proposed motion centered on clarification of how to make this correction to the C.U.P.;if the developer of the property would agree with such deletion; the fact that the area in question had the highest commercial and residential density area on the peninsula; whether a horse licensing fee procedure could be developed; and, if there should be an ordinance preventing horses from traversing the area. The motion carried on the following roll call vote: AYES: BROOKS, RYAN, KUYKENDALL, & MAYOR McTAGGART NOES: BACHARACH ANNUAL REVIEW OF THE CONCEPTUAL TRAILS PLAN (701) Recreation and Park Director Thomas presented the staff memorandum of September 1st and the recommendation that the City Council provide staff and the Recreation and Parks Committee with direction for the annual public review of the City's Conceptual Trails Plan. Barbara Dye, 7035 Hartcrest Drive, said she was present to answer any questions that the Council may have relative to the Conceptual Trails Plan. Councilwoman Brooks moved, seconded by Councilman Ryan to review the entire trails plan with direction to the Parks & Recreation Committee to eliminate horse trails in non - equestrian areas where they are objected to by City residents and focus specifically on Category 6 Trails; additionally, that the Committee investigate a funding mechanism for trails. Council discussion on the proposed motion centered on the cost of this revision; whether this review was intended to be annually or biennially; clarification of the fact that this would not require a General Plan amendment; and, if a financing mechanism for trails could be investigated by the committee. Motion carried. GENERAL PLAN AMENDMENT INITIATION REQUEST - NORTHWEST CORNER HAWTHORNE & CREST ROAD)* (1801) Director Onderdonk presented the staff memorandum of September 1st and the recommendation to deny the request as submitted and consider alternative uses. The applicant in this matter, Shafig Zadeh, 29620 Island View Drive, related the efforts he has made since the February, 1992 hearing to address the Council concerns about the manner in which this location should be developed. Working with a development team he said that he felt the plan that has been developed is a good one. Speaking on behalf of the applicant was Phil Freeland, 3205 Manhattan Avenue, Hermosa Beach,who stated that the property had been zoned commercial 18 years ago; that studies had shown that there was no market for a commercial development on that site; that the proposed project has nine units; that it will be a specific plan; their reason for requesting a higher density is for consistency with the General Plan; that all of the building is on the pad area and none of it on the slope; and, that they would like to have nine unit. The architect for the project, Robert Earl, 8500 Melrose St., Los Angeles, said that he has been working in the community for the past fifteen years and is sensitive to its needs. Describing the usable land area of the project site, he said that it is only 600 sq. ft. short of qualifying for the RM 22 zoning district; they are allowing 4,900 sq. ft. of open space and as a result are asking for nine units; that they are only 600 sq. ft. short of asking for 12 units. With regard to the geology, they are very aware of the geology of the 4 SEPTEMBER 1, 1992 area and they have designed a building based upon geology reports; the building provides for subterranean parking and they will be removing the "junk" soil. Council inquired about the export of the cut; and, the square footage in the conceptual footprint. (At 8:45 P.M. Councilwoman Brooks left the meeting.) Speaking again for the applicant, Mr. Freeland, said that they would like to get the sense of the Council about this residential proposal for that location. (At 8:50 P.M. Councilwoman Brooks returned to the meeting) Residential realtor Lynn Ramsdell, 8 Williamsburg Rd., Rolling Hills, recited the results of a marketing survey she conducted in determining the price range and number of units proposed for this location. John Sharkey, 30320 Avenida De Calma, spoke in opposition to this project. During Council discussion a series of question and comments were asked relative to the number of units that could be placed on this site; if this zone change could be accomplished as a specific plan; if this project should simply go through the regular hearing process for a residential project and allow a zone change; if a satisfactory commercial use could ever be developed for this location; the cost of a general plan amendment initiation request; if 4 - 6 or 6 - 12 units should be considered unless affordable housing requirement could be met; and, lastly, the fact that this site may not be buildable at all. Councilman Ryan moved, seconded by Councilman Kuykendall to initiate a general plan amendment for 6 - 12 units per acre. The motion carried on the following roll call vote: AYES: BROOKS, RYAN, BACHARACH, & KUYKENDALL NOES: MAYOR McTAGGART RECESS & RECONVENE At 9:12 P.M. the Mayor declared a recess: the meeting reconvened at 9:12 P.M. Due to illness, Councilman Kuykendall was excused from the meeting. SUBREGION 7 & 8 - COASTAL COMMISSION RECONSIDERATION (701) Planning Director Onderdonk presented the staff memorandum of September lst and the recommendation that if Palos Verdes Land Holdings Company and the Zuckerman Building Company request that the Coastal Commission reconsider their recent denial of the proposal located in Subregion 7 & 8, that Council direct the staff to prepare a letter for the Mayor, voicing the City's support for such a request. (At 9:18 P.M. Council Ryan left the meeting.) Speaking in opposition to this recommendation was Andrew Sargent, 1 Peppertree, who was speaking on behalf of the Coastal Conservation Coalition. Mr. Sargent recounted the action taken by the Coastal Commission on this project. He stated that the project did not comply with the Coastal Plan. Also speaking in opposition was John Sharkey, 30322 Avenida de Calma, who also stated that he attended the Coastal Commission hearing on this project. (At 9:26 P.M. Councilman Ryan returned to the meeting.) Roy Fulwider, 28219 Hazelridge, said that he also attended the Coastal Commission 5 SEPTEMBER 1, 1992 hearing on this project and supported the project as approved by the City Council. Councilwoman Brooks moved, seconded by Councilwoman Bacharach to approve the staff recommendation. The motion carried. Council requested that the City Manager contact other city managers in the area to see if other cities would be willing to lend their support to this project. CREST ROAD INTERSECTION - INSTALLATION OF WARNING LIGHT (1503) Director of Public Works Pulliam presented the staff memorandum of September 1st and the recommendation to direct staff to relocate the existing uphill bound traffic flashing warning signal closer to the intersection of Crest Rd. with Starline and Lucania Drives. Nick Papadakis, 3228 Parkhurst Drive, said he lives on the northwest corner of that intersection of Starline and Crest and stated that the lights have been effective. He suggested that the best alternative would be to move the uphill light closer to the intersection; If one of the lights needs to be removed, he suggested that it be the down hill light. Sheryl Korito, 3154 Deluna Drive, representing the Crestmount Homeowners Association, Mira Catalina, E1 Prado and the Rancho Palos Verdes Estates homeowner associations, said that these associations agree that it is a good idea to move the signal closer to the intersection. To prevent blockage of the signs in the area, she requested more frequent trimming of the shrubbery. Karen Jaconi, 133 Sea Urchin Lane, principal of Mira Catalina Elementary School, stated that no complaints have been received about this intersection since the installation of the signs. Council inquired about the signs in this area and in particular if there were any school crossing signs. Councilman Ryan moved, seconded by Councilwoman Bacharach to install appropriate signage and move the uphill bound light closer to the intersection. The motion carried on the following roll call vote. AYES: BROOKS, RYAN, BACHARACH & MAYOR McTAGGART NOES: NONE ABSENT: KUYKENDALL AGREEMENT WITH UCLA FOR USE OF NIKE SITE (1201) Public Works Director Pulliam presented the staff memorandum of September 1st and the recommendation that City Council approve the request to install the Global Positioning System (GPS ) station on the surface and in one of the existing bunkers at the former Nike Missile site at the City Hall, and authorize staff to prepare and enter into an agreement to facilitate the installation. After clarification of the use of this site by UCLA, the amount of space they would be occupying, whether there should be a charge and the fact that this was a temporary arrangement and would be discontinued if the City decided to build something in that location, Councilwoman Bacharach moved, seconded by Councilman Ryan to approve the staff recommendation. Motion carried. AGREEMENT WITH CALIFORNIA INSTITUTE OF TECHNOLOGY FOR USE OF NIKE SITE (1201) Public Works Director Pulliam presented the staff memorandum of September 1st and the recommendation that City Council approve the request to install the seismographic station in one of the existing bunkers at the former Nike Missile 6 SEPTEMBER 1, 1992 site at the City Hall, and authorize staff to prepare and enter into an agreement to facilitate the installation. Councilwoman Bacharach moved, seconded by Mayor McTaggart to approve the staff recommendation. Motion carried. MARINE RESOURCES PROTECTION ACT OF 1990 (1201) Mayor McTaggart presented his September 1st report to the Council and recommended joining the Los Angeles County Sanitation Districts (LACSD) in opposing the implementation of Section 14 of the Marine Resources Protection Act of 1990. Councilman Ryan moved, seconded by Councilwoman Brooks to approve the Mayor's recommendation. Motion carried. CITY COUNCIL REPORTS: MTA Representation - (1505) Citing the fact that the Metropolitan Transportation Authority (MTA) would be the successor agency to the RTD and the LACTC, Councilman Ryan moved, seconded by Councilwoman Brooks that the issue of representation to this board be discussed at the next City Council meeting. Motion carried. After further discussion, it was the consensus of Council that the City Attorney should find out if the enabling legislation specifies that the four corridor members must be elected by the entire City Selection Committee or, if can they can be elected by their corridors only. Update on R . U . L . E . - Councilwoman Brooks reported that she had attended the court hearing on the R. U. L. E . election and that the judge had decided that the election should be on the November ballot. Some question still exists however whether the results of the election will be certified and if another election will be called for. After Council discussed how much support the City could lend to the issue of the R.U.L.E. election and if the. City could file an amicus curkae brief, it was the consensus that the City Attorney should get more information on this matter relative to how much the City can get involved and that the item should be placed on the next agenda. SCHEDULE OF CITY COUNCIL MEETINGS - Because a majority of the Council would be absent for the next regular meeting (September 15) it was the consensus of Council to discuss the budget at the September 29th meeting. AUDIENCE QUESTIONS Responding to the Mayor's call for audience comments for items not on the agenda was Roy Fulwider, 28219 Hazelridge, who spoke to the issue of the process for charges being heard by the Fair Political Practices Commission. Lois Larue, 3136 Barkentine Road, referred to Wave of the Future art work appearing on local cable television. CITY MANAGER REPORTS: Status of Directives - Council requested that the second phase (Citywide implementation) of the Green Waste program be listed on this report. 7 SEPTEMBER 1, 1992 ADJOURNMENT: At 10:30 P.M. the meeting adjourned on motion of Councilwoman Bacharach, seconded by Councilwoman Brooks and carried. r YOR ATTEST: CIT CLE 8 SEPTEMBER 1, 1992