M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
FEBRUARY 6, 2001
The meeting was called to order at 7:02 P.M. by Mayor Lyon at Fred Hesse Community Park, 29301 Hawthorne Boulevard. After the Pledge of Allegiance, roll call was answered as follows:
PRESENT: Byrd, Ferraro, McTaggart, Stern, and Mayor Lyon
Also present were City Manager Les Evans, Assistant City Manager Carolynn Petru; City Attorney Carol Lynch; Director of Planning, Building, and Code Enforcement Joel Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; City Clerk/Administrative Services Director Jo Purcell; Senior Planner Greg Pfost; and, Recording Secretary Arlene Jaentsch.
The winner from the first meeting in December was Juliano Solari and for January the winner was Al DAmico. Each will receive a check for $250, which represents a year of free refuse service. Another card was selected.
APPROVAL OF AGENDA:
Councilman Stern moved, seconded by Councilwoman Ferraro to approve the agenda. Motion carried.
APPROVAL OF CONSENT CALENDAR:
Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart, to approve the consent calendar. Motion carried.
Adopted the Minutes of January 8 as presented and the minutes of January 16, 2001, as amended.
Claim Against the City by Walter Krause
Rejected the claim and directed the City Clerk to advise the claimant of Councils action.
Resol. No. 2001-06 - Short-Term Disability Insurance
ADOPTED RESOLUTION NO. 2001-06, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ELECTING TO BE SUBJECT TO STATE DISABILITY INSURANCE UNDER THE CALIFORNIA UNEMPLOYMENT INSURANCE CODE SECTION 709.
Notice of Completion for Scenic Turnouts
(1) Accepted the work as complete. (2) Authorized the City Clerk to file a Notice of Completion with the County Recorder; and if no claims are filed 35 days after recordation, notify the surety company to exonerate the Payment and Performance bonds. (3) Authorized the Director of Public Works to release the 10% retention payment to Alpha Engineering Co., Inc. 35 days after recordation of the Notice of Completion by the County Recorder contingent on no claims being filed on the project.
Amend the Listing of signatures for the Island View HOA CD at Downey Savings
Approved amending the list of authorized signers on the Downey Savings Certificate of Deposit assigned to the City by the Island View Homeowners Association to include City Manager Les Evans and Finance Director Dennis McLean.
December 2000 Treasurers Report (602)
Ordered received and filed.
Resol. No. 2001-07 - Register of Demands (602)
ADOPTED RESOL. NO. 2001-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES 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: Byrd, Ferraro, McTaggart, Stern, and Mayor Lyon
ABSTAIN: Stern on payment of the California Water Service invoice included in the Register of Demands because his firm does work for that company.
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Ocean Trails A proposed revision to the Conditions of Approval regarding the re-construction of Palos Verdes Drive South.
Mayor Lyon opened the public hearing on this request to consider a proposed revision to the Conditions of Approval regarding the re-construction of Palos Verdes Drive South relative to the Ocean Trails project. City Clerk Purcell announced that notice had been duly published and that all written comments were included in the agenda packet.
Director Allison presented the staff report of February 6, 2001 and the recommendation to (1) Adopt the proposed resolution, approving Addendum 12 to EIR 36 for Revision "Q" to Vesting Tentative Tract Map No. 50666. (2) Adopt the proposed resolution, a resolution approving Revision "Q" to Vesting Tentative Tract Map No. 50667, revising the conditions of approval to permit the developer to re-construct La Rotonda Drive instead of re-constructing Palos Verdes Drive South from La Rotonda Drive to the eastern City boundary.
Council discussion focused on whether the county was partially responsible for the condition of the road due to faulty original construction before the City of Rancho Palos Verdes was incorporated. Further discussion revealed that the road has lasted 30 years and according to staff was never resurfaced, only slurry sealed a few times.
Council consensus was that it would not be a good use of city resources to investigate the history of the roads construction or seek reparation from the county.
City Attorney Lynch stated that it is the responsibility of Ocean Trails to repair the road.
City Manager Evans explained that the developer is responsible to repair the road to the original condition before construction began, however, in this case the road condition before construction would not be desirable.
Ken Zuckerman, One Ocean Trails Drive, representing Ocean Trails, stated that he was present to answer questions. Ocean Trails is proposing to improve the road to a better condition for the benefit of current and future residents.
Council inquired whether the habitat watering was in some part responsible for the cracks and Mr. Zuckerman said that consultants did not believe that habitat irrigation caused the cracks in Palos Verdes Drive South. He offered to have his consultant meet with the citys geologist to discuss this issue.
Barbara Dye, representing Ocean Trails, stated that it is important to them to reconstruct La Rotonda and they are willing to spend the extra funds. It is beneficial to everyone who uses the road to access Ocean Trails or for residents who live along La Rotonda.
Diane Weinberger, 4206 Exultant Drive, President of Seaview Homeowners Association representing 265 homeowners. Consensus of homeowners was that the developer should be fixing Palos Verdes Drive South because before construction at Ocean Trails began there were not as many cracks. She said that Uday Patil felt these cracks are the precursor to a slide and she expressed concern about Palos Verdes Drive South becoming unusable. She felt that the developer should not just repair La Rotonda when Palos Verdes Drive South has been damaged by the trucks used for construction.
Uday Patil, 4011 Palos Verdes Drive South, representing Seaview Homeowners Association, was concerned about the condition of Palos Verdes Drive South and stated that the developer is going to be rewarded by reconstructing the La Rotonda road, and not Palos Verdes Drive South, which started cracking after Ocean Trails irrigation began. He disagreed with the staff opinion that the reason for the damage was unclear.
Bror Dahlberg, 3200 La Rotonda, #412, President of Ocean Terrace Homeowners Association said that their 100 members felt that the proposed La Rotonda reconstruction should commence immediately to avoid vehicle collisions when drivers unfamiliar with the road drive on the wrong side of the road to avoid rough patches.
Ali Derek, 32430 Nautilus Drive, spoke in favor of the reconstruction of Palos Verdes Drive South and felt that Ocean Trails had created a potential landslide.
Mary Casaburi, 3941 Palos Verdes Drive South, agreed with previous speakers. She stated that even though La Rotonda Drive needs repairs also, it was more important to repair Palos Verdes Drive South.
Jabe Kahnke, 4003 Palos Verdes Drive South, felt that Ocean Trails should be required to make temporary repairs on Palos Verdes Drive South because of safety issues. He
believed that Ocean Trails irrigation and construction traffic caused the damage on Palos Verdes Drive South and that the developer reconstructing La Rotonda Drive only is not enough.
Mike Sribney, 32415 Nautilus Drive, urged the council to use its leverage to require Ocean Trails to repair all road damage.
Elizabeth Sax, 4022 Admirable Drive, agreed with other speakers that Palos Verdes Drive South from La Rotonda Drive to the City boundary is in desperate need of repair. She urged the council to require Mr. Zuckerman to make these repairs and possibly share the expense with the city.
Council consensus was that Ken Zuckerman could not be held responsible for road conditions before Ocean Trails construction began; that it was important to continue to investigate the cause of the slippage on Palos Verdes Drive South; and if it is determined that Ocean Trails is responsible then the developer should pay for road repairs.
City Attorney Lynch indicated that there is no wording in the present resolution that would excuse Ocean Trails from the obligation if it were determined that Ocean Trails caused the slippage.
Council was in agreement that the condition of La Rotonda Drive is substandard; that resurfacing only would be a waste of money; and that reconstructing Palos Verdes Drive South was a separate issue to be addressed later.
Director Allison stated that monitoring shows that movement has slowed and nearly stopped.
Ken Zuckerman asked for clarification regarding how the city would determine the cause of damage to Palos Verdes Drive South and felt that his attorney should have been present.
City Attorney Lynch indicated that Mr. Zuckermans attorney would have an opportunity to review the revised resolutions before the meeting on February 20th.
Council consensus was to continue the public hearing to February 20, 2001, when resolutions would be submitted.
A proposed revision to the Conditions of Approval regarding the projects
affordable housing requirements
Mayor Lyon opened the public hearing on this request to consider a proposed revision to the Conditions of Approval regarding the revision to the Conditions of Approval regarding Ocean Trails affordable housing requirements. City Clerk Purcell announced that notice had been duly published and that all late correspondence received had been distributed to the council.
Given the late correspondence for this article City Attorney Lynch suggested that the council recess briefly to discuss the current lawsuit as well as the proposed litigation.
Recess & Reconvene:
At 8:00 P.M. Councilman Byrd moved, seconded by Councilwoman Ferraro to recess to a Closed Session. Motion carried. The Council meeting reconvened at 8:20 P.M.
Closed Session Report:
At 8:20 P.M. City Attorney Lynch stated that no action was taken in the closed session.
A proposed revision to the Conditions of Approval regarding the projects
affordable housing requirements (continued)
Senior Planner Pfost presented the staff report of February 6, 2001 and the recommendation to (1) Adopt the proposed resolution approving Addendum No. 11 to EIR 36 for Revision "P". (2) Adopt the proposed resolution approving revision "P" to Conditional Use Permit No. 162. (3) Adopt the proposed resolution approving revision "P" to Conditional Use Permit No. 163. (4) Adopt the resolution approving Revision "P" to Vesting Tentative Tract Map No. 50666. (5) Adopt the proposed approving Revision "P" to Vesting Tentative Tract Map No. 50667, for a revision to the affordable housing requirements of the Ocean Trails project.
Senior Planner Pfost reported that the city received a letter from Ocean Trails with a minor change to alternative #2.
Council discussion centered on whether the parking lot in question would be open to the public.
Ken Zuckerman, representing Ocean Trails, stated that nearly a year ago the issue of affordable housing was raised and he thought the arrangement would be the same as for Subregion One. He said that he was encouraged that the City would look favorably at this option, proceeded to follow this plan, and came up with the in-lieu fee. He said that several weeks ago he learned of the Citys three options instead of the in-lieu fee. Mr. Zuckerman agreed that additional public parking would be beneficial and said that it might be feasible to put the four units on this parcel but he wondered if the city would rather receive over $700,000 or build four 1000 square foot units and a parking lot with appropriate landscaping. He concluded by stating that he had not had time to investigate thoroughly the three options and had hired a consultant to accomplish this.
Barbara Dye, representing Ocean Trails, said that Ocean Trails would be willing to work with the City.
Elizabeth Sax, 4022 Admirable Drive, stated that many residents in her neighborhood have lost substantial views. She spoke in opposition to the proposed parking lot, which she felt would be unsightly. She was also concerned about noise, light, and the possible misconduct of young people.
Diane Weinberger, 4206 Exultant Drive, asked if underground parking would be possible; said that there had been parking problems during the Concours dElegance car show, and wondered if the original project plan had included adequate parking.
Uday Patil, 4011 Palos Verdes Drive South, asked why the parking lots were full when all the Ocean Trails facilities were not yet open. He questioned the accuracy of the anticipated parking requirements in the Environmental Impact Report.
Lawrence Vivian, 2324 West 37th Street, Can Pedro, CA 90732, Conservation Chair for South Bay Sierra Club, was disturbed that the City was giving the developers options in light of pending legal action.
Craig Douglass, 32420 Nautilus Drive, discussed Ocean Trails issues raised in previous Council meetings and made the following suggestions: (1) Reduce the height of the wall. (2) Reposition the maintenance building without the affordable housing. (3) Remove the dirt mounds. (4) Lower pad heights. (5) Convert all two-story homes to one story. He felt that these changes should be preferable to the City rather than being put into a position to react to the S.A.V.E. litigation.
Jabe Kahnke, 4003 Palos Verdes Drive South, felt that the project was poorly planned with respect to parking requirements. He asked why the Council was trying to satisfy Ocean Trails request and not trying to work with the residents near Ocean Trails. He urged the Council to use their leverage to improve the residents problems with this project.
Mike Sribney, 32415 Nautilus Drive, agreed that the project was poorly planned and was hoping for a tradeoff with Ocean Trails requests to regain the ocean views of nearby homeowners. He asked the Council to correct mistakes, specifically reducing all homes to one story, while the Conditional Use Permit is open. He said there was an opportunity for the City to deal with the issues and have the S.A.V.E. lawsuit put aside.
Joseph McLaren, 3923 Palos Verdes Drive South, spoke in favor of the affordable housing units and urged the council to approve the request even if there are some problems with heights.
Lois Larue, 3136 Barkentine Road, spoke about affordable units at Villa Capri, which were converted from affordable housing status when they were sold. She felt that affordable housing should stand not for 30 years as mentioned in the staff report but for 50 to 100 years.
Herbert Hyatt, 32424 Aqua Vista Drive, exhibited photographs and stated that he lived directly across the street from the development. His concerns were vehicles, construction equipment, storage vans in the proposed parking lot but now he felt the parking lot was preferable, along with the lowered pad heights offered by Mr. Zuckerman.
Ken Zuckerman described current and proposed parking areas.
Ali Derek, 32430 Nautilus Drive spoke in favor of lowering pad heights and felt Mr. Zuckerman has proven he is not an efficient planner.
Mayor Lyon closed the Public Hearing at 9:40 P.M.
Councilman Stern moved, and Councilwoman Ferraro seconded, that the request from Ocean Trails be denied, but that Council approve an amendment to extend the time affordable housing would be rentable to no later than the date the full 18 hole golf course opens or December 31, 2001. Motion carried unanimously.
City Attorney Lynch stated that resolutions would be submitted at the next meeting on February 20, 2001.
RECESS & RECONVENE:
At 9:40 P.M., Mayor Lyon declared a recess. The meeting reconvened at 9:50 P.M.
Lois Larue, 3136 Barkentine Road, spoke about the council Forrestal workshop on January 30th and the Neighborhood Watch newsletter.
Ocean Trails Sign Permit No. 1114 A Proposed Logo Sign and Park Identification Sign in Vista Catalina Park
Senior Planner Pfost presented the staff report of February 6, 2001 and the recommendation to conditionally approve Sign Permit No. 1114, permitting a logo sign attached to the existing planter wall within Vista Catalina Park.
Council discussed lighting options and the differences between ground lighting and backlighting.
Councilman Byrd moved seconded by Mayor Pro Tem McTaggart to conditionally approve Sign Permit No. 1114, permitting a logo sign attached to the existing planter wall within Vista Catalina Park. Motion carried.
Resol. No. 2001-08 - Appeal of Coastal Permit No. 94-Revision A and Encroachment Permit No. 32 (Applicant: RPV Associates llc, Tract No. 46628 (Oceanfront); Appellant: Rancho Palos Verdes City Council)
Director Rojas presented the staff report of February 6, 2001 and the recommendation to adopt the proposed resolution denying the appeal and upholding the Planning Commissions approval of Coastal Permit No. 94-Revision A and Encroachment Permit No. 32.
Council discussion focused on the act that all streets within the development are public and they discussed concerns regarding various conditions of the resolution; of particular concern was the original intent to keep these streets public when the tract was originally approved.
City Attorney Lynch stated that she would amend the resolution to address these concerns.
Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart to ADOPT RESOLUTION NO. 2001-08, as amended, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSIONS APPROVAL OF COASTAL PERMIT NO. 94-REVISION A AND ENCROACHMENT PERMIT NO. 32.
The motion to approve the amended Resolution carried on the following roll call vote:
AYES: Byrd, Ferraro, Stern, and Mayor Lyon
Landslide Moratorium Exception Permit No. 36. (Landowner: Petak, 25 Sweetbay Road).
Director Rojas presented the staff report of February 6, 2001 and the recommendation to approve Landslide Moratorium Exception Permit No. 36, thereby allowing the landowner to proceed with the appropriate applications to legalize the 441 square foot garage conversion; construct a new 690 square foot three-car garage with a 319 square foot trellis attaching the garage and residence; and 213 cubic yards of grading to accommodate the new garage and driveway, for property located at 25 Sweetbay Road.
Council discussion centered on whether this after-the-fact garage conversion complied with the code that fees would be double and that this approval allows the landowner permission to submit an application but it does not grant approval.
Councilmember McTaggart moved, seconded by Councilwoman Ferraro to adopt the staff recommendation. Motion carried.
Additional Engineering Services for the Point Vicente Interpretative Center Soil Remediation
Director Allison presented the staff report of February 6, 2001 and the recommendation to (1) Authorize the expenditure of up to $29,350 for additional engineering services for the soil investigation at the Point Vicente Interpretative Center.
Council discussed the possibility that with additional investigation to identify specific locations of highest lead content might decrease clean up costs.
City Manager Evans said that staff met with representatives of the Army Corps of Engineers; and there will be additional information by September.
Samuel Van Wagner, 2763 San Ramon Drive, said he was encouraged by the federal government involvement.
Councilmember Ferraro moved, seconded by Mayor Lyon to (1) Authorize the expenditure of up to $29,350 for additional engineering services for the soil investigation at the Point Vicente Interpretative Center. Motion carried.
ADJOURNMENT: Adjourned at 10:10 P.M. on the motion of Mayor Lyon to February 12, 2001, at 7:00 P.M. at Hesse Park for the first "Budget on the Road" meeting.
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