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CC DM 20170321 B - 20170131 CC ADJ REG MINS MTG MINS DRAFT (Green Hills)DRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING ANNUAL REVIEW GREEN HILLS MEMORIAL PARK JANUARY 31, 2017 The meeting was called to order at 6:41 P.M. by Mayor Pro Tem Duhovic at Fred Hesse Community Park, 29301 Hawthorne Boulevard. City Council roll call was answered as follows: PRESENT: Brooks, Dyda, Misetich and Mayor Pro Tem Duhovic ABSENT: Mayor Campbell (excused) ** Also present were Doug Willmore, City Manager; David Aleshire, City Attorney; Gabriella Yap, Deputy City Manager; and Teresa Takaoka, Acting City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilwoman Brooks. APPROVAL OF THE AGENDA: Councilwoman Brooks moved, seconded by Councilman Misetich to approve the agenda. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich and Mayor Pro Tem Duhovic NOES: None ABSENT: Mayor Campbell PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) Acting City Clerk Takaoka reported that there were nine requests to speak under Public Comments. Joan Kelly, Rancho Palos Verdes, expressed her concerns over trail widening and requested that the City Council agendize this matter for further consideration before moving forward. Barbara Ailor, Palos Verdes Estates, expressed her concern over the use of vehicles on the trails in the open space area and requested the City Council agendize this matter as a Public Hearing item. DRAFT City Council Minutes Adjourned Regular Meeting January 31, 2017 Page 1 of 6 Bob Nelson, Rancho Palos Verdes, wanted to thank and compliment the City's Public Work staff that worked tirelessly during the recent storms ensuring the safety of the community. Noel Weiss, provided comments regarding Rancho Plains butane storage tanks and the need to take emergency procedures to mitigate a potential problem. Alfred Sattler, Rancho Palos Verdes, expressed his concern that the Listsery message that are sent out by the City need to be validated as recent messages stating the trails were open were in direct conflict with posted signage in the area. He also expressed his concern with trail widening in the preserve area. Noel Park, Rancho Palos Verdes, would like to echo previous speakers and would like consideration for an environmental evaluation regarding the widening of trails. He noted recent deterioration in Lower Hesse Park due to vehicles using the bottom of the trail when servicing the trash cans. Dani Swenson, spoke in support of not allowing vehicle access in the open space and expressed her concern with damage to natural habitat due to trail widening. Sandra Valeri, Rancho Palos Verdes, expressed her support of previous speakers regarding trail widening. She also spoke as a representative of the Council of PTA advocating for "Social Host Ordinances" and asked that the City Council consider agendizing this item in the future. David Sundstrom, Rancho Palos Verdes, requested that the Council agendize the matter concerning possibly converting some trails to wider vehicular access roads as the effects would be detrimental to the native habitat. Sharon Yarber, Rancho Palos Verdes, spoke in support of agendizing the trail widening issue and requested there be a public hearing which would allow more public input regarding this matter. Mayor Pro Tem Duhovic called a brief recess from 7:57 P.M. to 8:05 P.M. PUBLIC HEARINGS: Consideration and possible action to conduct the annual review of the applicant's compliance with the conditions of approval associated with the Conditional Use Permit for the Green Hills Memorial Park Master Plan Mayor Pro Tem provided brief direction as to how the Public Hearing would be conducted. Acting City Clerk Takaoka reported that notice of the public hearing was duly published, written protests were received and included in the packet, late correspondence was DRAFT City Council Minutes Adjourned Regular Meeting January 31, 2017 Page 2 of 6 distributed prior to the meeting, and there were nineteen requests to speak regarding this item. Senior Planner Kim provided a staff report and noted all changes as included in the late correspondence packet by going through each condition as amended. Discussion ensued among Council Members and Staff. Mayor Pro Tem Duhovic declared the public hearing open. Tom Frew, Green Hills representative, Rancho Palos Verdes, shared his comments and noted the approved changes and revisions that were reviewed with staff. Ellen Berkowitz, Green Hills representative, noted the proposed language for Condition No. 32 and their objection to the fees as she was unaware of this requirement from other developers. Matt Martin, VVHOA, shared his concerns regarding ambiguous height language; setback concerns; and a lack of enforcement regarding ongoing complaints. Glenn Cornell, Rolling Hills Riviera HOA, requested that the City Council reconsider the 40 foot setback area, and expressed concerns with contamination of the soil in the area and requests that soils testing be done. Debbie Landes, VVHOA, submitted written comments regarding her concerns about privacy in Area 11; and shared concerns regarding view impairment caused by hauler trucks as well as possible soil contamination. Noel Weiss, shared his comments regarding the CUP revisions; the rooftop internments issues; the storage of vaults and other areas of concern. Sharon Lovers, VVHOA, shared that thirty years ago she had utilized Green Hills services and had viewed the proposal for changes to the site with Arlene Gluck. She also expressed regret that no one had reached out to her homeowner's group regarding the CUP. Charmayne Geier, Lomita, submitted photos regarding Area 11 and shared her concerns regarding privacy and the construction of the mausoleum. She also expressed concern over the safety of the mausoleum and possible soil contamination. Matt Geier, Lomita, shared his concerns regarding Area 11 and noted staff's error in initially noting where the mausoleum would be constructed so no one in Vista Verde protested the construction, and asked that the City revoke Green Hills CUP. Lori Brown, VVHOA, expressed concern over runoff from the area as it ends up in the front yards of her and her neighbors' homes. DRAFT City Council Minutes Adjourned Regular Meeting January 31, 2017 Page 3 of 6 Bernadette Sabath, Peninsula Verde HOA, thanked staff and the Planning Commission for their wisdom and intellect. Vince Reher, President of Peninsula Verde HOA, thanked staff for the comprehensive revisions to the CUP; shared that for results to succeed everyone needs to be willing to listen and be patient; and felt that the Neighborhood Advisory Committee was an excellent idea. David Turner, Rancho Palos Verdes, expressed his concern with Areas 2 and 4; shared that he had submitted a Powerpoint for late correspondence, supports the Neighborhood Advisory Committee, shared his concern regarding the footings for the wall and would also like sound attenuation to be considered. Chris Martin, Rolling Hills Riviera HOA, shared that his HOA had submitted written correspondence concerning sound, visual blight but paramount to all this is the health of their children and therefore the soil contamination is the main concern. He would like to request soil testing. Ed Fitzgerald, Lomita, expressed his support for Green Hills as they are one of the top employers in the City, they honor Veterans of the military and first responders on Memorial Day, and they feature community events like the Moving Wall and other programs. Laurie Love, Torrance, expressed her support for Green Hills and the many public events they sponsor as well as their charitable causes. Milton Herring, Torrance, expressed his support for Green Hills and is glad to see Staff working with Green Hills and the neighbors to work through concerns. Jane Gualeni, Rancho Palos Verdes, thanked staff for addressing the neighbors' issues and concerns. She expressed her concerns regarding Area 6 and the five mausoleums and the amount of burials which will occur; she would like the setback set to 40 ft and to enforce the 16ft height limits; and she would like the soil in Area 6 tested. Julia Aquino, San Pedro, shared her concern for the mourners and hopes the city Council takes them into consideration. Alfred Sattler, Rancho Palos Verdes, would like to see the 40 foot setback restored and expressed his concern regarding possible soil contamination and would like the City Council to consider the psychological effect of continual mourning as viewed by the homeowners. Mayor Pro Tem Duhovic invited the applicant to address some of the concerns of the speakers. DRAFT City Council Minutes Adjourned Regular Meeting January 31, 2017 Page 4 of 6 Ellen Berkowitz, Representative Green Hills, shared that there are no studies showing concern for soil contamination and the regulations in California for burials are heavily regulated. Green Hills practices best management practices and continues to improve those practices. Mayor Pro Tem Duhovic called a brief recess from 9:07 P.M. to 9:15 P.M. **Mayor Campbell arrived at 9:15 P.M. Mayor Pro Tem Duhovic noted that he would continue to officiate the meeting even though Mayor Campbell was present and the Mayor will not participate or vote on the item as discussed. City Attorney Aleshire noted that as Mayor Campbell had missed all the previous public testimony and therefore would not be able to vote on the item if the Council choses to act on the item tonight. Minas Yerelian, Rancho Palos Verdes, commented regarding compliance issues with Green Hills and felt that it was time to issue citations and to stop all applications until the lawsuit is settled. Mayor Pro Tem Duhovic declared the public hearing closed. City Attorney Aleshire clarified that if questions of the applicant were to continue the public hearing would need to be reopened. Mayor Pro Tem Duhovic declared the public hearing open. Discussion ensued between Council and Green Hills representatives. Mayor Pro Tem Duhovic declared the public hearing closed. Discussion ensued between Council, Staff and City Attorney. Councilwoman Brooks moved, seconded by Councilman Dyda to approve staff recommendation which includes conducting the public hearing of the annual review of the applicant's compliance with the Conditions of Approval associated with the Conditional Use Permit; and, to Adopt Resolution No. 2017-03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES THEREBY APPROVING REVISIONS TO THE CONDITIONS OF APPROVAL FOR THE GREEN HILLS MEMORIAL PARK MASTER PLAN CONDITIONAL USE PERMIT, AS AMENDED to include revisions to items Area 1J (soils testing); Area 9b (aesthetics and screening- stockpiling); Condition 16 (semi-annual security statistics reports); Condition 32 (fees and costs); and to require a calendar of events prior to the year and to note any changes therein. DRAFT City Council Minutes Adjourned Regular Meeting January 31, 2017 Page 5 of 6 The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Dyda, and Misetich NOES: None ABSTAIN: Mayor Campbell ADJOURNMENT: At 10:39 P.M., Mayor Pro Tem Duhovic adjourned the meeting. Attest: Acting City Clerk WA01 City Clerk\City Council Minutes\2017\20170131 CC ADJ REG MINS MTG MINS (Green Hills).doc Mayor DRAFT City Council Minutes Adjourned Regular Meeting January 31, 2017 Page 6 of 6