CC MINS 20011002MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
OCTOBER 2, 2001
The meeting was called to order at 6:30 P.M. by Mayor Lyon at Fred Hesse Community
Park, 29301 Hawthorne Boulevard and was immediately recessed to a closed session
per the Brown Act Checklist. At 7:05 P.M. the meeting reconvened.
After the Pledge of Allegiance, led by Brittany Arick, Theresa Branconier, Kristin Braun,
Karen Ching, Jacqueline Delcarson, Grace Poon, Nadia Shahin, Marissa Simmons, and
Emily Wratschko of Girl Scout Troop 875, roll call was answered as follows:
PRESENT: Ferraro, Gardiner, McTaggart, Stern, and Mayor Lyon
ABSENT: None
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;
Senior Planner Kit Fox; City Clerk/Administrative Services Director Jo Purcell; and,
Deputy City Clerk/Recording Secretary Jackie Drasco.
RECYCLING DRAWING:
The winner from the last drawing was Gary Long, who will receive a check for $250,
which represents a year of free refuse service. Another card was selected.
APPROVAL OF AGENDA:
Mayor Lyon announced that the Improvement Authority and Redevelopment Agency
meetings would be held after Public Comments at approximately 8:30 P.M. and that
Councilmember Gardiner had requested that the item regarding Guidelines for
Residential Undergrounding District be removed from the Consent Calendar for
discussion.
City Clerk Purcell reported that there had been two additional requests to remove from
the Consent Calendar the items regarding the 2001 Progress Report on the
Implementation of the Rancho Palos Verdes General Plan and the Arterial
Rehabilitation Program.
Council consensus was to hear these three items before the Public Hearing.
APPROVAL OF CONSENT CALENDAR:
Councilmember Gardiner moved, seconded by Councilman Stern, to approve the
amended Consent Calendar as follows:
Motion to waive full reading
Adopted a motion to waive reading in full of all ordinances presented at this meeting
with consent of the waiver of reading deemed to be given by all councilmembers after
the reading of the title.
Resol. No. 2001 -79 - Peninsula Seniors Grant (1101 x 602)
ADOPTED RESOLUTION NO. 2001 -797 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY MANAGER TO
EXECUTE A NEW CONTRACT WITH THE CALIFORNIA DEPARTMENT OF AGING
TO OBTAIN THE REMAINING BALANCE OF A $25,000 GRANT FOR THE
PENINSULA SENIORS DURING FISCAL YEAR 2001 -2002.
Appointment of members to the Miraleste and Ridgecrest Recreation &Park
Districts (301 x 1201)
Made the following appointments: Miraleste Recreation & Park District: (1)
Appointed Peter D. Glusac and Dawn E. Henry for a full term ending December 2,
2005. (2) Appointed Keith Harter to the unexpired term ending December 5, 2003.
Ridgecrest Recreation & Park District: Appointed Victor Hansen, Gwynne Shaw and
Dolores Pittelkow to a full term ending December 2, 2005.
Informal Bid and Pre - Ordering of HDPE Pipe for the Palos Verdes South Drainage
Repair Project (1204 x 604)
Reviewed and reconfirmed by 4/5 vote the Council's September 18th action to authorize
staff to conduct an informal bid process and pre -order HDPE drainage pipe for the
Palos Verdes Drive So. Drainage Repair Project.
July and August 2001 Treasurer's Reports (602)
Ordered received and filed.
Resol. No. 2001 -80 - Register of Demands (602)
ADOPTED RESOLUTION NO. 2001 -801 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.
City Council Minutes
October 2, 2001
Page 2
The motion to approve the Consent Calendar carried on the following roll call vote:
AYES: Ferraro, Gardiner, McTaggart, Stern, and Mayor Lyon
NOES: None
# # # # # # # # # # # #
2001 Progress Report on the Implementation of the Rancho Palos Verdes General
Plan (1203 x 701)
MW Staff recommendation was to direct staff to forward the City's Annual Progress Report
on the General Plan to the Governor's Office of Planning and Research and to the
Department of Housing and Community Development regarding the current status of
the General Plan and the progress on its implementation during Calendar Year 2000
and through June 30, 2001.
Mayor Lyon said that she asked to have this item removed from the Consent Calendar
to emphasize the good job the City is doing in following the General Plan.
Mayor Pro Tern McTaggart moved, seconded by Councilmember Gardiner to approve
the staff recommendation. Motion carried.
Arterial Rehabilitation Program: Crenshaw and Hawthorne Boulevards (1204 x
1404)
Staff recommendation was to (1) Award a $634,534 construction contract to Sully - Miller
Contracting Company to overlay portions of Crenshaw and Hawthorne Boulevards and
authorize staff to spend an additional $63,453 for possible extra work, thereby
approving a $697,987 construction budget. (2) Authorize the Mayor and the City Clerk
to execute a contract with Sully - Miller Contracting Company. (3) Award a $43,600
professional services agreement to DMc for construction management and inspection
services. (4) Authorize the Mayor and the City Clerk to execute a contract for a
professional services agreement with DMc Engineering.
Director Allison described the three alternatives considered, the level of work, materials
used, and funding.
After a brief Council discussion regarding the cost and benefits of the rubberized
asphalt to be used for this project, Mayor Pro Tern McTaggart moved, seconded by
Councilwoman Ferraro, to (1) Approve Alternative Action Number Two which
authorized a $919,727 construction contract to Sully - Miller, plus an additional $91,972
for possible extra work; thereby approving a $1,011,699 construction budget. (2)
Award a $55,700 Professional Services Agreement to DMc Engineering for
City Council Minutes
October 2, 2001
Page 3
Construction Management and Inspection Services. (3) Direct staff to prepare a
Resolution amending the current project budget to include an additional $187,399 to
cover the cost of overlaying Segments Two and Three of Hawthorne Blvd.
The motion carried on the following roll call vote:
AYES: Ferraro, Gardiner, McTaggart, Stern, and Mayor Lyon
NOES: None
Guidelines for Residential Undergrounding District (1204 x 901)
Staff recommendation was to adopt the proposed resolution establishing guidelines for
residential underground districts.
Councilmember Gardiner stated that he had asked for this item to be removed from the
Consent Calendar for discussion because he was concerned that some homeowners
may not be able to afford the cost of approximately $25,000 per home and may not
have voted for undergrounding. He asked if the deferment of payment was automatic if
someone was 62 or older; mentioned provisions for blind or otherwise disabled
homeowners; and, wondered what provision were made for younger people, especially
with the recent possibility of increased unemployment. He also mentioned the
upgrading by Edison, with a portion of that cost being paid by Edison but he felt the
public was being asked to pay for this upgrade without requesting it even though there
would be a public benefit from the upgrade.
Director Allison said that he would rather Edison comment on this.
Councilmember Gardiner was concerned that we would have only the bid from Edison
and he wanted to make sure the City's residents get the most cost effective bid.
Director Allison said that it was his understanding that the deferment was automatic but
he had not seen it in writing so was reluctant to confirm that information but said he
would investigate. He said that it was possible for the City to work with Edison to obtain
a competitive bid.
Councilmember Gardiner asked if the resolution contained this language
Director Allison replied that it was silent on this issue
Mayor Pro Tern McTaggart inquired whether the assessment district would be taxed
over and above the undergrounding.
City Attorney Lynch said that she was not aware of any additional tax but it would best
to ask Edison. She added that there were exception categories for homeowners who
City Council Minutes
October 2, 2001
Page 4
were blind or otherwise disabled, as well as those over 62 years of age. She indicated
that this was an automatic exception set forth by state undergrounding provisions.
Councilman Stern remembered that Scott Gobble from Edison said Edison would make
a small contribution and that Edison was paying for the upgrade.
Councilmember Gardiner remembered that they would pay some portion only but not a
very large amount.
Councilman Stern shared Councilmember Gardiner's concerns about the financial
impact of homeowners and wondered if the City could investigate some type of
financing mechanism for people who have a financial need. For those who have
sufficient equity, it may be possible to do a reverse mortgage or something like that.
This would enable them to enjoy the benefit, including increased property value, and
pay the undergrounding cost, with interest, when they sell their house. He thought
perhaps the City could set aside funds to assist with this payment deferment.
City Attorney Lynch replied that this could be accomplished with City funds with a lien
placed on the property but the assessment can't be spread across fewer homes so that
one homeowner is paying more than another.
Councilman Stern suggested that there might be lenders who would be willing to
participate with the funds secured by property.
City Attorney Lynch was not sure if the lending industry would be interested since the
City would be issuing bonds but it could be investigated.
Mayor Pro Tern McTaggart asked the source of the funds to replace those deferred.
Councilman Stern replied that this cost was not being paid for all at once; that there
would be bonded indebtedness for 20 years. Although he said that he did not know all
the legal aspects of how the bond would be set up, the bond would be on the home and
homeowners could borrow against their home. He added that if the City established the
financing mechanism, it would not affect the bond and a new loan could be arranged to
fund that portion of property tax.
City Attorney Lynch agreed that this could be done.
Mayor Pro Tern McTaggart brought up a scenario in which a retiree receiving social
security might have all their funds invested in an IRA which has 50% of their future
income eliminated by terrorist activity. He said that the structure established would
have to take into account this type of situation so that this person was not even more
financially hurt.
City Council Minutes
October 2, 2001
Page 5
Councilmember Gardiner did not envision an escape hatch against unreasonable
burden.
Councilman Stern disagreed, saying that we do have an escape hatch because the City
Council makes the decision and if we perceive a hardship situation, we could hear the
case and make a decision before imposing a financial burden but the City would need
some kind of financing.
Mayor Pro Tern McTaggart was concerned that this arrangement would not work with
seniors.
Mayor Lyon said that she would not want to make the undergrounding process cause
senior citizens to sell, their homes.
Councilman Stern felt that a senior's home could provide the funding and that the
financial consequences would be minimal.
Mayor Lyon suggested that this item be brought back and to direct staff to provide
advice from experts in the field for potential financing mechanisms and to have an
Edison representative present to answer questions.
Council consensus was to continue this item to November 7.
PUBLIC HEARINGS:
Resolution Adopting a Fee in Connection with Petitions to Commence the
Process to Establish an Undergrounding Assessment District (1204 x 901)
Mayor Lyon opened the public hearing on this request to consider a Resolution
Adopting a Fee in Connection with Petitions to Commence the Process to Establish an
Undergrounding Assessment District
City Clerk Purcell announced that notice had been duly published and that there were
no written comments received by the City.
Staff recommendation was to adopt the proposed resolution adopting a fee to be
submitted in connection with petitions requesting advance funding by the city for
formation costs for establishing Undergrounding Assessment Districts pursuant to the
proposed resolution to establish undergrounding procedures.
Since the item establishing Guidelines for Residential Undergrounding District was
continued to November 7, the public hearing was continued to November 7.
REGULAR BUSINESS:
City Council Minutes
October 2, 2001
Page 6
Ordinance No. 370 - Amendment of Municipal Code -Golf Tax (1103 x 1501)
City Attorney Lynch presented the staff report of October 2, 2001 and the
recommendation to RE- INTRODUCE ORDINANCE NO. 3701 AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES AMENDING CERTAIN PORTIONS OF THE
RANCHO PALOS VERDES MUNICIPAL CODE REGARDING THE CITY'S GOLF TAX.
She explained that the ordinance was being re- introduced because substantial changes
had been made at the last Council meeting and she said there was a further definition
of the operator of the golf course to include whomever might sell blocks of tee times
and that there was a new Paragraph G requiring that accounting principles acceptable
to the City's Finance Director would have to be used by any golf course operator paying
City golf taxes.
Mayor pro tern McTaggart asked if the City had a "scalping" ordinance and wondered if
someone other than Ocean Trails sells blocks of tee times would violate any County
ordinance if they sold the tee times for more than they paid.
City Attorney Lynch said that was no such City ordinances, nor did she think the
suggested practices would violate any County ordinance.
Councilman Stern moved, seconded by Mayor Pro Tern McTaggart to RE- INTRODUCE
ORDINANCE NO. 3707 AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING CERTAIN PORTIONS OF THE RANCHO PALOS VERDES
MUNICIPAL CODE REGARDING THE CITY'S GOLF TAX.
The motion carried on the following roll call vote:
AYES: Ferraro, Gardiner, McTaggart, Stern, and Mayor Lyon
NOES: None
Planning Case No. ZON2001- 00005: a Landslide Moratorium Exception Permit for
a 1,045 - square -foot two -story addition for an existing single - family residence in
the Portuguese Bend Club community. (Applicant: Len Cushman, 113 Spindrift
Drive) (1203 x 1801)
Senior Planner Fox presented the staff report of October 2, 2001 and the
recommendation to conditionally approve the requested landslide moratorium exception
permit.
Mayor pro tem McTaggart asked if a height variation permit and variance were required
as well.
Senior Planner Fox said yes.
City Council Minutes
October 2, 2001
Page 7
Gary Wynn, 27525 Valley Center Road, Valley Center CA 92082, structural engineer
for the project, said that a view analysis was required but it was a non -issue and that
the variance was required because the property was in the Coastal Zone.
Mayor pro tem McTaggart asked if views to the side were considered as well.
Mr. Wynn replied that views from the side and from below were considered. He
indicated that the property owners met with their neighbors and worked for 1 -Y2 years to
ensure neighborhood compatibility.
Kathy Cushman, 113 Spindrift Drive, said that her family was expanding but they
wished to stay in the neighborhood and they asked Mr. Wynn to design a project that
would maintain the beach cottage theme and beautify the neighborhood.
Randee Wood Leegstra, 111 Spindrift Drive, spoke in support of approval of the
landslide moratorium exception permit and said that the applicant had done an
excellent job working with the neighbors to achieve neighborhood compatibility and to
mitigate privacy and view issues.
Mayor pro tem McTaggart asked if the Coastal Permit application was submitted after
City approval.
Director Rojas indicated that the applications were considered concurrently.
Councilman Gardiner said that he had asked for a copy of the geology report, which
was not included in the reference materials. He said that the report indicated that the
property had a safety factor greater than 1.0 and that it was not moving currently. He
asked how this was determined, on the lot itself or underground, and asked if an
approval were given in this area, what affect this approval would have on making other
decisions in the moratorium area. He asked about the geological standard and if these
projects were considered one at a time or if the cumulative affect considered.
Mayor Lyon said that geologist Bill Cotton said that the weight of new construction does
not cause sliding but that the water seeping under the ground does, and she indicated
that this area is on a sanitary sewer system.
City Manager Evans said that the policy of approving moratorium exceptions for existing
structures in the slide area is consistent but that there were different standards for
vacant lots, such as those in Zone II as compared to a developed lot in this case. He
said that the factor of safety is above 1.0 but less than 1.5 but the whole area is not
sliding so the factor is greater than 1.0 and he noted that the geologists feel that adding
on to an existing structure which is connected to an existing sewer or holding tank does
not add water to the slide and therefore does not make things worse. He
acknowledged that this was a "gray area" but it had been addressed by geologists in
the past and was codified in the municipal code.
City Council Minutes
October 2, 2001
Page 8
Mayor Pro Tern McTaggart asked the city attorney if she felt that developed and
undeveloped lots were treated equitably by the City's moratorium regulations.
City Attorney Lynch replied that with a developed lot anyone could apply for a
Moratorium Exception Permit and the criterion is that the addition cannot exacerbate
slide conditions. She said that the geology report associated with these requests would
address this.
Councilmember Gardiner said that he understood the conclusion regarding this project
but could not see the facts supporting the decision.
Councilman Stern was concerned that the safety factor of 1.0 was lower than the
standard of 1.5.
City Attorney Lynch said that the standards for an addition to an existing structure
compared with those for a new structure were different, but that the Council could
change this if they so desired.
Mayor Pro Tern McTaggart moved, seconded by Councilwoman Ferraro, to
conditionally approve the requested landslide moratorium exception permit. Motion
carried.
Planning Case No. ZON2001- 00004: a Landslide Moratorium Exception Permit for
a 575 - square -foot two -story addition and a 166- square -foot second -floor deck for
an existing single - family residence in the Portuguese Bend Club community.
(Applicants: Andrew & Kelly Ely, 112 Spindrift Drive) (1203 x 1801)
Senior Planner Fox presented the staff report of October 2, 2001 and the
recommendation to (1) Conditionally approve the requested landslide moratorium
exception permit. (2) Authorize Staff to prepare a notice of termination for an existing
covenant related to a previous, expired moratorium exemption permit for the property.
Mayor pro tern McTaggart suggested that to keep bureaucracy at a minimum, some of
the covenants required for the permit might be eliminated.
Senior Planner Fox said that many of these covenants were only required for properties
without sewer connections.
Carol Lynch reminded Council that there are some areas in this part of the City without
sewers.
Councilman Stern asked the applicant if he had read his title policy and was aware of
the covenant because, even though the Council was willing to lift this covenant, it might
not be willing to eliminate other covenants.
City Council Minutes
October 2, 2001
Page 9
Andrew Ely, 112 Spindrift, said that since he bought the property eight years ago, he
had married and had children, was more aware of restrictions on the property but
needed more space. He explained that he had worked with the Homeowners
Association and his neighbors, considered neighborhood compatibility and his
neighbors' views and had made adjustments regarding his neighbor's privacy.
Councilman Stern moved, seconded by Mayor Pro Tem McTaggart to adopt the staff
recommendation. Motion carried.
Border Issues Status Report (1101 x 306)
City Manager Evans presented the staff report of October 2, 2001 and the
recommendation to review the current status of border issues and provide direction to
the City Council Committee and staff. He said that the staff report included the status
of Harbor Hills and the Garden Village Shopping Center but that Mayor Lyon and Mayor
Pro Tem McTaggart had attended a County Board of Supervisors meeting earlier in the
day and could provide updated information.
Mayor Lyon reported that Supervisor Don Knabe was instrumental in getting a 60 -day
extension before construction of Harbor Hills project to provide time to work out
concerns, such as cutting into a steep slope below homes in Rancho Palos Verdes for
a parking lot. Other concerns were lighting and noise and the fact that we were not
notified early in the process. She said that a public meeting had been scheduled at
10:00 A.M. on Tuesday, October 9, at City Hall with Dick Simmons and Angie
Valenzuela from Supervisor Knabe's office, and residents were encouraged to attend to
provide input to be returned to the Supervisor. She added that she and Mayor Pro Tem
McTaggart would be present also and it was hoped that they would be able to affect
change before construction begins.
Councilman Stern asked if the Council needed to authorize any action to help the ad
hoc committee follow through.
Mayor Pro Tem McTaggart indicated that the geology report needs to be reviewed to
determine if it is safe to build the parking lot into the slope and it is possible that the
parking lot may not built in this location anyway but he said he would feel more
comfortable if this location change was put in writing.
Councilman Stern suggested that staff be directed to provide another status report in
two weeks while we determine what our City can do.
Mayor Pro Tem McTaggart mentioned the meeting the following Tuesday and said that
City Attorney Lynch was reviewing the environmental deficiencies and the notification
process of Los Angeles County to eliminate the clandestine nature of this project.
City Council Minutes
October 2, 2001
Page 10
Mayor Lyon emphasized that if this item needs to be on a future agenda, the Council
will have a serious discussion at that time depending on what happens during this 60-
day extension.
City Attorney Lynch said. that she would review the environmental documents and she
had the name of the person in charge of these documents but there was no extension
by CEQA and they were proceeding forward even though there was a 60 -day extension
before construction started.
At this time, City Manager Evans reported on the status of Garden Village Shopping
Center, stating that he had received a letter from Bill Cotton at Cotton Shires regarding
the existing geology report that they were studying. Mr. Cotton also referred to a report
from Leighton & Associates which indicates that possibly leaking from a sewer line
caused settlement in the shopping center and maybe in surrounding areas. This is
being investigated by the L.A. City Public Works or Planning Departments. He said that
he had spoken to Gwen Butterfield, who had been helpful, and also to a member of
L.A. City Councilwoman Janice Hahn's staff and that he would continue to work toward
making sure the Rancho Palos Verdes residents' interests are protected.
Councilman Stern wondered why the staff report indicated that the Los Angeles City
Council had to be involved.
City Manager Evans answered that because the City of Los Angeles is huge, finding the
right person to speak to is difficult and that assistance from Councilwoman Hahn was
being sought just as Mayor Lyon and Mayor Pro Tern McTaggart were asking for
assistance from Supervisor Knabe.
Councilmember Gardiner asked about a project on the Council's agenda of September
41 2001, regarding a Rancho Palos Verdes home near the border of Palos Verdes
Estates. He said that there was a question about whether trucks hauling dirt for this
project would be allowed to drive on streets in Palos Verdes Estates
Mayor Lyon said that she understood this was resolved because the trucks simply
needed to turn around on a street in Palos Verdes Estates.
Councilwoman Ferraro recalled that the applicant Mr. Esfahani said that he would work
out the issue with the City of Palos Verdes Estates.
Director Allison said there was a meeting scheduled with the applicant and the City of
Palos Verdes Estates and he would find out the results and report to the Council.
There were no questions or comments regarding the Chadwick School and the
Covenant Church projects.
City Council Minutes
October 2, 2001
Page 11
Booth Tarkington, 1902 Peninsula Verde Drive, representing a homeowners association
overlooking the Harbor Hills development, thanked the Council for their interest and
help so far. He was concerned about the lack of an Environmental Impact report and
the comment that it was not required. He stated that verbal promises had been given
for mitigation of environmental issues but with no EIR, these cannot be reviewed
officially and he was curious about the environmental reports that City Attorney Lynch
said she was reviewing because he was told there were none. He said that Mayor Pro
Tern McTaggart had referred to this project as a Recreation Center and another group
calls it a Community Center but he saw it as an Activity Center and that the terminology
used was significant to receiving Federal funds. He mentioned sports and child care
and thought that probably sports should be in the schools instead of having a sport
venue for basketball at which other teams would compete and create crowds which
would require parking. He also expressed concern about the steep slope adjacent to
Rancho Palos Verdes which would be cut into to make a parking lot which he feared
would cause drainage problems from homes built on fill at the top of hill. On an
unrelated matter, he gave a commercial for the Harbor Free Clinic, which he said was
available to all people in the area, and he expressed appreciation to the Council for
financial support.
RECESS & RECONVENE:
At 8:20 P.M., Mayor Lyon declared a recess. The meeting reconvened at 8:29 P.M.
PUBLIC COMMENTS:
Dan Pressberg, 167 East South Street, Long Beach, CA 90805, representing the City of
Long Beach, distributed flyers describing a Long Beach Veteran's Day Parade and
salute to veterans ceremony to be held on Saturday, November 10 with over 100 units,
refreshments, a 1940's- style canteen, and participating by TV and sports figures.
Lois Larue, 3136 Barkentine Road, pointed out the poor condition of Palos Verdes
Drive South, asked about the status of the sewers in the Portuguese Bend Club, and
felt there too many American flags in the room.
RECESS & RECONVENE:
At 8:35 P.M., Mayor Lyon declared a recess to the Improvement Authority and
Redevelopment meetings. The City Council meeting reconvened at 9:26 P.M.
Peninsula High School Yearbook Advertisement (1101)
Assistant City Manager Petru presented the staff report of October 2, 2001 and the
recommendation to consider whether to place an advertisement in the 2002 Palos
Verdes Peninsula High School Yearbook.
City Council Minutes
October 2, 2001
Page 12
Mayor Lyon felt that the City's logo, a scenic photo of the City, and the City's website
address be included in the ad.
Mayor pro tem McTaggart asked if this ad could be placed annually without it appearing
as an item on a Council agenda.
Councilwoman Ferraro suggested that annual funding for the ad could be included in
the City budget.
Councilman Stern said that it could be a Consent Calendar item.
Councilmember Gardiner moved, seconded by Councilwoman Ferraro, to place a full -
page color advertisement with the City's logo and a scenic photograph in the 2002
Palos Verdes Peninsula High School Yearbook for a cost of $400.
The motion carried on the following roll call vote:
AYES: Ferraro, Gardiner, McTaggart, Stern, and Mayor Lyon
NOES: None
Resol. No. 2001 -81 - San Ramon Drainage and Landslide Stabilization Project
(1101 x 604)
Assistant City Manager Petru presented the staff report of October 2, 2001 and the
recommendation to (1) Award a contract to construct the San Ramon Drainage and
Landslide Stabilization Project to Colich and Sons, Inc., for an amount not to exceed
$2,250,556 and authorize staff to spend an additional $157,540 for anticipated era
items of work for a total authorization of $2,408,096. (2) Award a professional service
contract to Harris and Associates for an amount not to exceed $349,300 for inspection
services for the San Ramon Drainage and Landslide Stabilization Project. (3) Amend
the professional service contract to AMEC Earth and Environmental, Inc. for an amount
not to exceed $194,918 for geotechnical inspection services for the San Ramon
Drainage and Landslide Stabilization Project for a total contract amount of $279,025.
(4) Amend the professional service contract to Helix Environmental Planning for an
amount not to exceed $31,100 for mitigation monitoring services for the San Ramon
Drainage and Landslide Stabilization Project for a total contract amount of $79,300. (5)
Amend the professional service contract to DMc Engineering, Inc. for an amount not to
exceed $ 16,000 for engineering services for the San Ramon Drainage and Landslide
Stabilization Project for a total contract amount of $140,610. (6) Adopt the proposed
resolution approving a budget adjustment to increase the capital improvement project
budget for the San Ramon Drainage and Landslide Stabilization Project by $1,150,000
from $2,000,000 to $3,150,000.
Assistant City Manager Petru mentioned two additional items which arose after the staff
report was submitted to the Council. She said that additional funds of $18,000 were
City Council Minutes
October 2, 2001
Page 13
being requested for colored concrete for the surface drainage structures to blend into
the hillside to look more natural and to comply with conditions imposed on private
developers. Also, she said that additional funds of $13,000 were being requested to
add to AMEC's to contract to include two more properties in the pre- construction
geology study., She concluded by stating that the work was scheduled to begin on
Tuesday, October 9.
Mayor Pro Tern McTaggart noted a typographical error on circle page 3 in which the
Phase number should be "One", not "Two ".
Councilmember Gardiner asked why there was only one bidder.
Assistant City Manager Petru explained that there was another bidder but the cost of
dirt at $30 per cubic yard caused this company to drop out at the last minute.
Councilmember Gardiner asked if there was a penalty clause if they don't finish on
time.
Assistant City Manager Petru said that there were liquidated damages that the
contractor must pay to the City for every day the work ran past the specified deadline in
each phase. She added that Phase 1 should be completed by December 9 and it was
hoped that the rainy season would not have begun. She directed Council to a chart on
circle page seven which shows funding sources for this project.
Lois Larue, 3136 Barkentine Road, said that she was overwhelmed by the cost of this
project but she felt it was necessary to make these repairs. She expressed concern
that Colich & Sons was granted the contract because she was not impressed with their
work on the Abalone Cove sewer project and was opposed to the City's use of Helix as
well because she felt their report on the Palos Verdes Drive South drainage was poor.
She asked how inspection costs were calculated.
Mayor Lyon said that staff could explain the calculation to her after the meeting.
Councilman Stern moved, seconded by Mayor Pro Tern McTaggart to (1) Award a
contract to construct the San Ramon Drainage and Landslide Stabilization Project to
Colich and Sons, Inc., for an amount not to exceed $2,250,556 and authorize staff to
spend an additional $157,540 for anticipated extra items of work for a total authorization
of $2,426,Q96. (2) Award a professional service contract to Harris and Associates for
an amount not to exceed $349,300 for inspection services for the San Ramon Drainage
and Landslide Stabilization Project. (3) Amend the professional service contract to
AMEC Earth and Environmental, Inc. for an amount not to exceed $207,918 for
geotechnical inspection services for the San Ramon Drainage and Landslide
Stabilization Project for a total contract amount of $279,025. (4) Amend the
professional service contract to Helix Environmental Planning for an amount not to
exceed $31,100 for mitigation monitoring services for the San Ramon Drainage and
City Council Minutes
October 2, 2001
Page 14
Landslide Stabilization Project for a total contract amount of $79,300. (5) Amend the
professional service contract to DMc Engineering, Inc. for an amount not to exceed $
16,000 for engineering services for the San Ramon Drainage and Landslide
Stabilization Project for a total contract amount of $140,610. (6) ADOPT RESOLUTION
NO. 2001 -811 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES APPROVING A BUDGET ADJUSTMENT TO INCREASE THE
CAPITAL IMPROVEMENT PROJECT BUDGET FOR THE SAN RAMON DRAINAGE
AND LANDSLIDE STABILIZATION PROJECT BY $1,150,000 MILLION, FROM
$2,000,000 TO $3,1507000. (7) Approve an additional $18,000 for colored concrete
pipe for the surface drainage structures to blend into the hillside to look more natural
and to comply with conditions imposed on private developers; and, an additional
$13,000 to include two more properties in the pre- construction geology study - for a
total expenditure of $3,181,000.
The motion carried on the following roll call vote:
AYES: Ferraro, Gardiner, McTaggart, Stern, and Mayor Lyon
NOES: None
Format of City Council Minutes (301)
City Clerk Purcell presented the staff report of October 2, 2001 and the
recommendation to provide direction to staff for preparation of a policy describing
preparation, format and changes to City Council minutes.
Mayor Lyon asked Director McLean if the cost of webcasting would be less expensive
as times goes on.
Director McLean said that it would and the current cost was estimated to be $3,000 per
month. He added that he had been working with Ted Vegvari at Palos Verdes on the
Net to try a pilot program with the bandwidth. He said that the City currently has a T1
connection and he was not sure how many users would connect but that it might work.
Mayor Lyon said that a lot of people don't have cable television and this would be
another way for them to view meetings live using their computer.
Councilman Stern said that online video streaming showed a small picture, although it
can be expanded to full screen, however; there were problems of clarity with the picture
and sound. He wondered if webcasting would have these same problems.
Director McLean said it would depend on how the frame speed was set. He said that
most users have a 56K modem and so the movement was jerky.
Councilmember Gardiner said that a 56K modem or high speed would produce about
15 or 30 frames per second
City Council Minutes
October 2, 2001
Page 15
Director McLean replied that he would defer to Ted because he did not know if the
broadcasting software would give us a choice.
Councilmember Gardiner said that this type of software was available but he did not
know if the City would want to pay the cost.
Tom Redfield, 31273 Ganado Drive, representing the Coalition Striving to Improve City
Government, pointed out that two years ago there was unacceptable video and no
PowerPoint presentations, an ineffective setup for the public, Council and staff. He
complimented the City on its email, website and other high -tech elements, however, he
did not think there were enough people who have access to everything and that there is
value in detailed minutes that may be used by other organizations and for the public,
Council, and staff who can research topics through written records indicating what each
of the Councilmembers contributed. He felt this was preferable to watching a long
video tape and was in the interest of Council so that they are misquoted, whether
deliberately or not, and to indicate how they voted. He noted some concerns he had
after reviewing two years of minutes, including caustic and inappropriate remarks made.
He said that he had spoken to the Finance Director who said that the City was not set
up to provide detailed records at this time but a resource person could be provided to
accomplish this. Me. Redfield felt that more detailed minutes would build effective
relations with the community and provide information to those without high -tech
resources. He closed by saying that maybe in five years this won't be needed but he
felt that right now, researching the minutes as current prepared were of little value in
doing research and encouraged the Council to experiment with detailed minutes.
Mayor Pro Tern McTaggart said that he was happy with the status quo and reviewed a
joint meeting of the City Council and Planning Commission which indicated who was
present and participated. He felt the important points were covered even though all the
details of the discussion were not included. Mayor Pro Tern McTaggart said that he
had reviewed minutes of other cities and ours were superior as they stand.
Councilman Stern said that he had submitted a memo which set forth his thoughts. He
gave an example of Item No. 20 on tonight's agenda which would have been better
served by more detailed minutes such as the ones prepared for Planning Commission
meetings. The topic was neighborhood compatibility and he found that the minutes
from December 1999 did not indicate what the prior City Council had done and it would
have been helpful, especially to those who have not been on the Council for a long
time, to read the flow of conversation, with questions, topics, address, and comments to
understand the final conclusion. He then read examples from a set of Planning
Commission Minutes and from a set of City Council minutes to illustrate the difference.
Councilman Stern expressed his appreciation of the discussion on technology but felt
that this technology is not available to all residents and even for those who do have
access, it is usually faster and more understandable to read information from a written
record and to go directly to the topic of interest. He also believed there was a public
City Council Minutes
October 2, 2001
Page 16
benefit from knowing questions and comments received by individual Councilmembers
so that it is known who is participating and who they might agree with. He closed by
stating that this method of minute preparation can be done because it is already being
done for the Planning Commission.
Councilmember Gardiner felt that the advantages of minutes prepared for the Planning
Commission, which have much more detail but not verbatim, were that the sometimes a
Councilmember might want something said in the record and also a person reading the
minutes could see how possibly a Councilmember changed his mind as the discussion
progressed.
Mayor Lyon agreed that expanded summary minutes might be helpful to showing the
Council's tossing around ideas to see how a balanced decision was made.
Councilmember Gardiner moved, Councilman Stern seconded, to direct staff to prepare
the City Council minutes in the same format as the Planning Commission minutes, as
"expanded summary" minutes, for the next three meetings.
Councilman Stern said that he envisioned minutes like the Planning Commission has.
Mayor Pro Tern McTaggart was concerned that more detailed minutes would
encourage pontification and prepared speech making.
Councilman Stern disagreed and asked Mayor Pro Tern McTaggart if he thought Cable
TV coverage had changed this.
Mayor Pro Tern McTaggart replied that there had been a prepared inquisition a couple
of times and he thought detailed minutes would have been embarrassing to the
perpetrator.
The motion carried 3 -2 with Mayor Pro Tern McTaggart and Councilwoman Ferraro
dissenting.
Establishment of a Schedule and Venue for the Long Point Project City Council
Public Hearings (1203 x 307 x 1804)
Director Rojas presented the staff report of October 2, 2001 and the recommendation
to provide staff with direction as to when to begin hearing the Long Point project
applications and where to conduct the public hearings.
City Manager Evans indicated that the Planning Commission will have completed their
work on the Long Point project by October 9 and the EIR should be certified by then.
He said that the next step was to bring the project to the City Council. Staff felt that a
larger facility would be required and that Long Point should be the only item on the
agenda because the number of interested parties who would probably want to provide
City Council Minutes
October 2, 2001
Page 17
public comment and Mr. Evans said that the School District had agreed to allow the City
to use the Miraleste School auditorium which would accommodate 400 people. He said
that Assistant City Manager Petru had spoken to Cox Cable and they agreed to televise
the meeting.
Mayor Lyon suggested November 7.
Councilman Stern referenced the October 1 letter from Mike Mohler, project manager
for the Long Point Project, which stated that they would prefer October 16 but that
November 7 would be acceptable.
City Manager Evans asked City Attorney Lynch what the consequences would be if the
EIR were not certified by November 7.
City Attorney Lynch said that under CEQA there was no penalty for failing to certify the
EIR within one -year period.
Mayor Lyon understood this to mean that by missing this date, there was not a de facto
approval of the project.
Councilman Stern said that it seemed odd to have the EIR coming up while the project
was still being formed at the Planning Commission level and he said that, due to the
thickness of the volumes, he did not relish the thought of going through this.
Mayor Lyon asked Mike Mohler to comment on the scheduling of this item for Council
hearings.
Mike Mohler, felt that the item could not be agendized for October 16 because there
would not been enough time to prepare after the Planning Commission meeting on
October 9, assuming the Commission completed that work at that time, however he
said that he was anxious for the process to move forward.
Councilman Stern moved, seconded by Mayor Pro Tern McTaggart to hold the Long
Point hearings at Miraleste Intermediate School, the first one being scheduled on
November 7. Motion carried.
Disclosure of Contact with Major Landowners /Developers (310)
Councilman Stern presented the staff report of October 2, 2001 and the
recommendation to adopt a City Council Policy that: Members of the City Council and
the Planning Commission shall publicly disclose in writing to the City Clerk the
existence of all communications between such person and a major landowner or major
developer of real property within the City, which communication relates to such real
property. A "Major Landowner" or "Major Developer" shall mean any person or
representative of a person or entity who owns or has an interest in, or is attempting to
City Council Minutes
October 2, 2001
Page 18
develop any parcel in excess of 10 acres. Such contacts must be reported in writing
within 30 days of the date of such contact. The writing need only identify (1) the parties
to the communication, (2) the real property involved, (3) the date, and (4) include a very
general statement of the topic of the communication. Such report shall be maintained
by the City Clerk and be available for review by any person.
Councilman Stern remarked that the Council of Homeowners Association had made a
similar request a few years ago which, along with the large turnout when major
development items are on agendas, he felt shows a public interest in these
developments. He hoped that this disclosure would make information available to the
public early in the process. Acknowledging that Council contact with the developers
outside a meeting is legal, he thought that disclosure would give the public more
information to lobby the Council and increase confidence and respect toward the
Council. He addition, he believed there would be a benefit to the Councilmembers also
because there would be nothing to challenge our integrity. Making reference to a
written disclosure he had provided to the City Clerk, Councilman Stern then disclosed a
meeting on September 6 with Rob Katherman who represents Belmont Village
proposed to be constructed at the previous Marriott Assisted Living Center site. He
reported that Mr. Katherman provided updated information on the proposed project.
Councilman Stern moved to adopt the policy he had submitted regarding his proposed
Council disclosure policy.
Mayor Lyon understood that ex parte communications required a statement at the
Council meeting when a Councilmember speaks to anyone outside a meeting on a
subject germane to an agenda item
City Attorney Lynch advised that if any information is provided to a Councilmember, or a
Planning Commissioner, regarding an item that is the subject of a hearing and that
information is not already included as part of the record, that information must be
disclosed so that all will know what might affect a decision. It does not matter who the
source is, proponent or opponent, but if it is germane and the decision maker thinks it
should be part of record, it should be revealed.
Councilmember Gardiner asked if he spoke to 20 people, was he required to name all
20 people. He said that this is a frequent occurrence.
City Attorney Lynch clarified that if a person comes to a Councilmember and that says
and something happened on a particular site and the Councilmember believes it might
be important for staff to investigate, it should mentioned at the Council meeting. If 19
other people agreed, the Councilmember does not have to disclose all those contacts.
If this information is already part of the record, the Councilmember does not have to
mention the contacts.
Mayor Lyon commented that if a Councilmember sends and receives email and the
City Council Minutes
October 2, 2001
Page 19
other Councilmembers are not privy to the recipient lists, maybe that needs to be
disclosed as well.
City Attorney Lynch said that if the identity of the speaker is not part of record, it needs
to be addressed to all parties.
Councilman Stern asked if City Attorney Lynch was referring to disclosure of
information at the time it comes to us not when the item is on an agenda.
Mayor Lyon wanted to know what made a communication ex parte.
City Attorney Lynch replied that ex parte communication was information provided
outside a public meeting.
Mayor Lyon referred to the Long Point agenda which has been on many Council and
Planning Commission agendas and which was the subject of many people in the
community talking to Councilmembers and she asked if those conversations should be
disclosed.
City Attorney Lynch replied that the Council might wish to establish a policy for all
contacts which might affect a decision, however, if the people who speak to a
Councilmember are not disclosing facts outside the record, a Councilmember is not
required to disclose that conversation.
Councilmember Gardiner asked how one would know what was part of the record.
City Attorney Lynch said that at the end of a hearing if a Councilmember has not heard
anyone speak about an important piece of information that he or she has received away
from a public meeting, the Councilmember should mention it at the meeting. She
suggested that one safeguard would be to ask the person who provides the information
to put it in writing and it will come to the meeting as part of the record.
Councilmember Gardiner thought that this would not foster residents talking to
Councilmembers.
City Attorney Lynch said that due process was the issue and just because someone
says they are in favor or against an issue does not mean that facts have been supplied
that are not part of the record.
Councilmember Gardiner was concerned that, as a new Councilmember, he would not
be as likely to know what already been said.
City Attorney Lynch remarked that this was a different issue than the one raised by
Councilman Stern.
City Council Minutes
October 2, 2001
Page 20
Councilman Stern emphasized that he was asking for disclosure before an item was on
an agenda to provide information to the public before the meeting.
Councilman Stern `s motion died for lack of a second.
Mayor Lyon remarked that sometimes the public actually knows more than the Council
and she referred to meetings being held regarding Marymount College project. She
said that she learned at a Homeowners Association meeting she had attended the
previous evening, that that association members have attended several presentations
by Marymount and she found it hard to believe that the Council has not been privy to
that. She added that it was a common occurrence for proponents of projects to come
out into the community long before the item is on a Council agenda.
Councilman Stern said that possibly in that particular case the public does have
information but he thought that probably they did not regarding the proposed Belmont
Village.
Mayor Pro Tern McTaggart stated that the assumption ought to be that the Council
might not know about either one.
Councilmember Gardiner felt this could be considered an early warning system and he
thought email was a good idea for notification because, for example, when he had a
tour of Ocean Trails with Ken Zuckerman, he could send it in right away to the City
Clerk and not have to remember at a Council meeting.
Councilman Stern agreed email was a perfect means of disclosing these contacts.
Mayor Lyon thought it was still important to say something at the time a decision was
being made and suggested these disclosures also be made during City Council
Reports.
Councilman Stern concurred, and said that the policy he was suggesting would provide
information to the press and the public from the City Clerk.
Mayor Pro Tem McTaggart said it was hard to know when to disclose information. He
gave an example of a phone message left by Mike Mohler, who represents the
proposed Long Point project. He called Mike back but Mike said he was too busy to
talk at the time. Did he have to disclose that to the City Clerk, and how about the lunch
he had with members of SOC II?
Councilman Stern replied that it would be up to the individual Councilmember to make
that decision. He described the public misperception that the proponent of a proposed
project advances their cause with Councilmembers away from public meetings and the
public feels they are behind in the process.
City Council Minutes
October 2, 2001
Page 21
Mayor Lyon stated that she did not feel there was a problem.
Councilwoman Ferraro felt the policy was unnecessary.
Mayor Pro Tern McTaggart stated that the original request from the Council of
Homeowners Associations did not define the term "major developer" and he said that
the currently proposed policy defines a major development as ten acres or more and he
wondered why that project size was chosen.
Councilman Stern said it was to lighten the burden.
Mayor Pro Tern McTaggart pointed out that under this policy a conversation with
Charles Brumbaugh who proposed the Senior Affordable Housing project would not
have to be disclosed because the development was less than ten acres.
Councilman Stern said that the line had to be drawn somewhere.
Councilwoman Ferraro said that she was Mayor when the request for disclosure with
major developers came from the Council of Homeowners Association and she was
quoted as saying this would be busywork for nothing and not necessary, and she still
believed that.
Mayor Pro Tern McTaggart said that this policy indicated that if you spoke to a
developer and did not report it, you were hiding something. He was concerned that this
increased bureaucracy would not be helpful.
Tom Redfield, 3127 Ganado Drive, said this policy and expanded minutes were both
supported by the Coalition Striving to Improve City Government and, and he felt that
both contributed to improved confidence in City government and to track talented
people to serve on the City Council and on Commissions and Committees.
Mayor Pro Tern McTaggart asked if the Coalition Striving to Improve City Government
was a non - profit, secret organization.
Tom Redfield said that the Council had information regarding their organization. He
then spoke in support of Councilman Stern's disclosure policy, stating that it was not
cumbersome, required little paperwork, and merely required common sense and
sensitivity to the public's desire to be informed. He was concerned that there seemed
to be a reluctance to adopt the policy and stressed that it would be for the Council's
own protection, would help the City Attorney defend their actions, and that the Planning
Commission made these types of disclosures and recused themselves from certain
items when appropriate. He said that the Council had been having discussions with
Marymount for years.
Mayor Lyon said that the consideration of each proposed development in the City is
City Council Minutes
October 2, 2001
Page 22
treated equally and that all had to go through the complete process. She took offense
to his implying that the Council had made decisions before an item was on the agenda
and said that she had not been discussing anything with Marymount.
Mr. Redfield said that one member of the Council has.
Councilwoman Ferraro and Mayor Lyon asked him to name this person.
Mayor Lyon felt that this Council has always done a good job handling comments from
people and if appropriate, a Councilmember has recused himself or herself. She asked
City Attorney Lynch how many other cities had a policy like the one being proposed.
City Attorney Lynch said that she did not know of any but she had done any research.
When the Mayor asked her if the other City for which she served as City Attorney had
such a policy and she said no.
Councilwoman Ferraro said that she had always reported at Council meetings what she
considered significant contacts and she would continue to do so without adopting his
unnecessary policy.
Councilwoman Ferraro moved, seconded by Mayor Lyon, not to adopt the
recommendation.
Lois Larue, 3136 Barkentine Road, spoke in support of Councilman Stern's policy and
felt that it was particularly important regarding Long Point because this project would
have a great impact on City and that everyone in the community knew how the Council
was going to vote.
Mayor Lyon replied that the Councilmembers themselves did not know how they would
vote because they did not have the final form of project.
Mayor Pro Tern McTaggart said that he did not have a problem with some type of
formal disclosure procedure that makes sense but he felt that Councilman Stern's
proposed policy was not in the City's best interest. He said that he was disgusted with
the innuendos at the speaker's podium that impugn the Council's integrity without
evidence or details.
Councilmember Gardiner supported the concept of an early warning system to the
public. He moved that, rather than a written system, we ask Councilmembers to
mention at council meetings when they are approached by a developer which would put
the Council into a position of self policing. He felt that would take care of the intent
without irksome details.
Mayor Lyon said that she could accept this and withdrew her second to Councilwoman
Ferraro's motion.
City Council Minutes
October 2, 2001
Page 23
Councilwoman Ferraro said that the Councilmembers were already following the
procedure in Councilmember Gardiner's motion.
Mayor Pro Tern McTaggart said that this would formalize this action into a written
Council policy.
Mayor Lyon said that this policy would fit in nicely with the agenda rearrangement that
she and Councilmember Gardiner were working on which would relocate City Council
Reports to the beginning of the meeting...
Councilwoman Ferraro withdrew her motion.
City Clerk Purcell stated Councilmember Gardiner's motion: The City Council, using
their own judgment, when they encounter developers or groups on something that
seems important enough to bring to the City Council, shall report during the City Council
Reports section of the City Council meeting agenda.
Mayor Pro Tern McTaggart seconded Councilmember Gardiner's motion.
The motion carried 4 -1, with Councilwoman Ferraro dissenting.
Proposed Amendment to the City's Neighborhood Compatibility Ordinance
(1203)
Director Rojas presented the staff report of October 2, 2001 and the recommendation
to provide staff with direction as to whether to initiate code amendment proceedings to
consider amendments to the City's existing "neighborhood compatibility" review
procedures.
Mayor Pro Tern McTaggart explained an instance of how neighborhood compatibility
had worked in his neighborhood. He said that an applicant with a second story project
had been told an analysis of neighborhood compatibility and a view analysis would be
required along with a hearing before the Planning Commission. They asked staff how
they could avoid a Planning Commission hearing and they were told they could design
the second story as a mezzanine and make the addition less than 16 feet high. Mayor
Pro Tern McTaggart said that this was a loophole that gave the Planning Department
more authority than probably was intended and there was no notification to the
neighbors. He felt the code should be revised to define second story more accurately
and close this loophole.
Councilwoman Ferraro said she was not sure what the solution was but that there had
definitely been problems with consistency in neighborhood compatibility.
City Council Minutes
October 2, 2001
Page 24
Councilmember Gardiner agreed that there seemed to be a need to tidy up the code.
He described a conversation with a resident regarding back yard and side yard
setbacks, the side yard setback being smaller, and an instance in which a back yard
and a side yard of two homes met, the smaller setback was applied. He thought
possibly there were anomalies and that the code should swept for these and brought to
the attention of the Council.
City Attorney Lynch said that if was difficult to address every conceivable instance in
the code but she felt the Council was struggling with the possibility of every application
being analyzed for neighborhood compatibility.
Councilwoman Ferraro asked what triggers neighborhood compatibility now.
Director Rojas said a second story always does and aone -story addition if the increase
in square footage is greater than 25% of the original home size.
City Attorney Lynch clarified that this percentage was chosen to try to avoid having
minor additions analyzed for neighborhood compatibility. She suggested that the
Council might like to set a different percentage.
Councilman Stern thought that instead of a code amendment, staff might focus on
specific problems which the Council could address. He thought possibly requiring a
neighborhood compatibility analysis for all additions might be appropriate to avoid the
"piece- meal" approach.
Mayor Pro Tern McTaggart added that the situation which resulted from the 25%
approach was that a larger house could have a much bigger addition before the
requirement for a neighborhood compatibility analysis was required, whereas a smaller
house could have a very small addition and this requirement would be triggered.
Councilman Stern said that more information was required to make a decision on this
apparent problem.
Councilmember Gardiner noted that it seemed that there were at least two instances
before them currently which needed to be addressed.
Mayor Lyon was concerned about slowing the process with more red tape.
Councilwoman Ferraro agreed that applicants would not be happy with more delays in
processing their applications.
Councilmember Gardiner asked if neighborhood compatibility was not an issue if
neighbors on all four sides approved the project.
City Council Minutes
October 2, 2001
Page 25
Mayor Pro Tern McTaggart indicated that sometimes applicants specifically made their
additions just under the 25% to avoid the extra time and expense.
Councilman Stern said that this type of situation would always exist unless all additions
were subject to the same requirements but he did not feel this was the best solution
because of the additional burden on the community.
Director Rojas agreed that applicants usually did what they could to avoid atwo -month
long review process.
Mayor Pro Tern McTaggart raised the issue of privacy when huge windows were
installed.
Councilwoman Ferraro agreed and said that the current procedure seemed to require
neighborhood compatibility when maybe it was not needed and vice versa.
Councilmember Gardiner suggested that staff discuss these problems with Planning
Departments in other cities to try to determine a solution.
Mayor Pro Tern McTaggart suggested that it would have to involve cities with view
issues and many second story addition applications.
Mayor Lyon suggested that Palos Verdes Estates would be a good place to start.
Councilman Stern moved, seconded by Mayor Pro Tem McTaggart, to direct staff to
provide more information to the Council based on their experience and to contact other
cities to see how they handle similar situations. Motion carried.
CLOSED SESSION REPORT:
City Attorney Lynch reported that the City Council unanimously gave directions to the
City's negotiating team.
CITY COUNCIL REPORTS:
Councilman Gardiner reported that he and Councilwoman Ferraro had attended a PV
Transit meeting.
Councilwoman Ferraro added that election of officers was held and that Rosemary
Humphrey was still the head of the group.
Councilman Stern stated that he had attended an Ocean Trails meeting the past
Thursday.
City Council Minutes
October 2, 2001
Page 26
Mayor Lyon said that former Mayor Tom Hollingsworth had concerns about Palos
Verdes Drive South and it was suggested that he bring this matter to this meeting.
Relative to the Ocean Trails meeting, Councilman Stern reported that repairs were to
be completed on La Rotunda in October and November before the rainy season and
that in the period of June through November 2001 Palos Verdes Drive South from La
Rotondo west to Schooner was scheduled to be rebuilt. He said that a number of
residents were concerned about when the condition of the streets would improve
because of Ocean Trails' bankruptcy.
Y
Mayor Lyon asked when the unattractive chain link fence at Ocean Trails would be
Y
removed.
Councilman Stern replied that he would ask Deputy Director Planning Greg Pfost to put
this on the next agenda.
Councilwoman Ferraro inquired when the mounds of dirt at Ocean Trails would be
lowered.
Councilman Stern said that a timetable for addressing all these major items was
requested and there should a checklist on the agenda to make sure the appropriate
timely action was taken.
Mayor pro tern McTaggart described a Vector District field trip regarding African Honey
Bees the next Thursday and asked anyone interested to call him for details. He added
that other Councilmembers attending would not constitute a violation of the Brown act.
Mayor Lyon announced that she presented a proclamation the previous evening at a
celebration of the 35th Anniversary of the Admiral Risty, the oldest restaurant in the City.
Mayor pro tern McTaggart added that it had been an interesting evening, with lots of
reminiscing.
ADJOURNMENT: Adjourned at 11:19 P.M. on motion of Mayor Lyon.
ATTEST:
CITY CLERK
:\2001 City Council Minutes \10022001 cc min.doc
City Council Minutes
October 2, 2001
Page 27