CC MINS 19971021MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
OCTOBER 21, 1997
This meeting was called to order at 6:00 P.M. by Mayor John C. McTaggart at the Hesse
Park Community Center, 29301 Hawthorne Boulevard and was immediately recessed to
a Closed Session per the Brown Act Checklist attached to the agenda. The meeting was
reconvened at 7:00 P.M. After the Pledge of Allegiance to the flag, roll call was
answered as follows:
PRESENT: Hollingsworth, Ferraro, Byrd, Lyon & Mayor McTaggart
ABSENT: None
Also present were City Manager Paul D. Bussey; City Attorney Carol Lynch; Planning,
Building & Code Enforcement Director Carolynn Petru; Director of Public Works Les
Evans; Director of Finance Dennis McLean; Assistant to the City Manager Rick Otto;
Administrative Services Director /City Clerk Jo Purcell and Recording Secretary Monica
Ponce.
CEREMONIAL MATTER - PRESENTATION OF TEN YEAR SERVICE PIN
(301 X 303)
Mayor McTaggart presented Recreation & Parks Director Ron Rosenfeld and Recreation
Supervisor II Holly Starr with a ten year service pin in recognition and appreciation of
their years of service with the City.
APPROVAL OF AGENDA
Councilwoman Lyon moved, seconded by Councilman Byrd, to approve the Agenda as
presented. Motion carried.
APPROVAL OF CONSENT CALENDAR
Lois Larue, 3136 Barkentine, spoke to several items on the Consent Calendar: the
proposed speed limit for Palos Verdes Dr. East; the destruction schedule for city
attorney opinions, claims and legislative files; and, the limitation on the length of time for
speakers.
City Attorney Lynch opined that the Brown Act specifically allows the Council to limit the
time periods that the public is allowed to comment on items both on the agenda and
items not on the agenda.
Speaking in favor of the proposed speed limit for Armaga Springs Road was Elaine
Herold, 6233 Moongate Drive, who expressed her gratitude for the cooperation she
received from the City in making this change.
Council noted the missing exhibit to the report on the professional services agreement
for geotechnical engineering services and it was the consensus to remove that item and
present it on the November 5th Consent Calendar.
Mayor Pro Tem Ferraro moved, seconded by Councilman Hollingsworth to approve the
Consent Calendar as follows:
MINUTES (301)
Approved the Minutes of September 16, and October 7, 1997.
Resol. No. 97 -88 - Traffic and Engineering Speed Survey
(1204 x 1502)
ADOPTED RESOL. NO. 97 -88 , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES ESTABLISHING SPEED LIMITS ON VARIOUS
STREETS.
Resol. No. 97 -89 - Annual Destruction of Records (301)
ADOPTED RESOL. NO. 97 -89 AUTHORIZING THE DESTRUCTION OF CERTAIN CITY
RECORDS AS PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF
THE STATE OF CALIFORNIA.
Claim Against the City by Soltani- Shirazi for trip and fall on Western Avenue
(301 x 303)
Rejected the claim and directed the City Clerk to notify the claimant.
Resol. No. 97 -90 - Register of Demands (602)
ADOPTED RESOL. NO. 97 -90 - 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: Ferraro, Byrd, Lyon, Hollingsworth, and Mayor McTaggart
NOES: None
# # # # # # # # # # #
PUBLIC HEARING:
Ordinance Nos. 3260 and 327 - Revising the Municipal Code to Establish a
Procedure for Processing Development Agreements (1203 x 1801)
City Council Minutes
October 21, 1997
Page 2
Mayor McTaggart opened the public hearing on this matter. The City Clerk reported that
notice had been duly published and that no written protests had been received by the
City.
Director Petru presented the staff report of October 21 which recommended adoption of
the following ordinances: 1) An Urgency Ordinance amending Article VII of Title 17 of
the Municipal Code to add a new Chapter 17.82 to create a procedure for processing
Development Agreements; and, 2) introduction of an ordinance amending Article VII of
Title 17 of the Municipal Code to add a new Chapter 17.82 to create a procedure for
processing Development Agreements.
As detailed in the "Background" section of the staff memorandum, Ms. Petru reported
that on September 17, 1996 in conjunction with the last major amendments to the Ocean
Trails Project (Revision "C "), the City Council adopted Resol. No. 96 -80, with the
concurrence of the property owners, requiring the property owners to enter into a
Development Agreement with the City. However, in order to enter into the agreement ,
the City needed an adopted procedure in the Municipal Code. Therefore, on October
14, 1997 the Planning Commission reviewed the proposed amendment and forwarded a
recommendation to Council for approval.
There being no response to the Mayor's call for public testimony, he declared the
hearing closed.
Councilman Byrd moved to waive further reading and ADOPT ORDINANCE 326U
AMENDING ARTICLE VII OF TITLE 17 OF THE MUNICIPAL CODE TO ADD A NEW
CHAPTER 17.82 TO CREATE A PROCEDURE FOR PROCESSING DEVELOPMENT
AGREEMENTS AMENDING THE RANCHO PALOS VERDES CODE AND DECLARING
THE URGENCY THEREOF. The motion was seconded by Mayor Pro Tem Ferraro and
carried on the following roll call vote:
AYES: Ferraro, Byrd, Lyon, Hollingsworth, and Mayor McTaggart
NOES: None
Mayor Pro Tem Ferraro moved to introduced ORDINANCE NO. 327 AMENDING
ARTICLE VII OF TITLE 17 OF THE MUNICIPAL CODE TO ADD A NEW CHAPTER
17.82 TO CREATE A PROCEDURE FOR PROCESSING DEVELOPMENT
AGREEMENTS. The motion was seconded by Councilwoman Lyon and carried on the
following roll call vote:
AYES: Ferraro, Byrd, Lyon, Hollingsworth, and Mayor McTaggart
NOES: None
Development Agreement for Ocean Trails (11203 x 1411)
Mayor McTaggart opened this public hearing on the matter of approving a Development
Agreement as a mechanism to raise fund to mitigate impacts generated by the project
City Council Minutes
October 21, 1997
Page 3
and to ensure that the public improvements that are constructed in conjunction with the
Ocean Trails project are properly maintained after the project is completed.
City Clerk Purcell reported that notice of this public hearing had been duly published and
that no written protests had been received by the City.
City Manager Bussey presented the staff memorandum of October 21 and the
recommendation to adopt the proposed resolution approving Addendum No. 6 to
Environmental Impact Report No. 36 and, Introduce the proposed ordinance approving
the development agreement between the City and the Zuckerman entities and the Palos
Verdes Land Holding Company. Continuing with his report, he said that due to a number
of events that have taken place since this project was first approved in 1992 which have
impacted the City's ability to utilize the funding sources previously available, the primary
purpose of this Agreement is to provide for substitute funding methods in lieu of those
previously contemplated as part of the original project approvals.
With respect to October 7 discussion regarding the water table and the possibility of
turning off the water to the golf course in the event it rises, Ken Zuckerman, 2 El Portal,
proposed some changes to require the City to show a causal relationship that the
operators of the golf course are indeed causing the water to rise. His concern was that
perhaps s some project up- stream of the golf course may be the cause of a rising water
table. He felt that the golf course operator should not be penalized by circumstances
beyond their control.
Concerns were further expressed by Council that the golf course operator and property
owner must be mindful that overwatering would not be permitted and of the importance
of taking measures to control the water table level. It was the consensus that quarterly
reports on the water table should be issued to the City and be reviewed by the Public
Works Department.
Lois Larue, stated her opinion that golf courses are toxic waste sites.
To give the Council additional time to study these documents, Councilwoman Lyon
moved, seconded by Mayor Pro Ten Ferraro to continue this matter to Thursday,
October 23, 1997 at City Hall. The motion carried.
Appeal of View Restoration Permit No. 41. (1203 x 1806)
Director Petru announced that the City had received a request to withdraw this appeal,
however, no written confirmation had been received. She recommended that the matter
be continued to November 5, 1997 pending receipt of the withdrawal letter.
There being no objection, Mayor McTaggart so ordered.
Appeal of View Restoration Permit No. 37 (1203 x 1806)
Staff Planner Trayci Nelson presented the staff memorandum of October 21 and the
City Council Minutes
October 219 1997
Page 4
recommendation to adopt the proposed resolution upholding the View Restoration
Commission's approval of View Restoration Permit No. 41 upon finding evidence to
support all applicable findings and compliance with all provisions of Section
17.02.040(C)(2).
Dr. Kenneth Daponte, 3662 Greve Dr., the applicant in this matter, read a prepared
statement supporting his request that the trees blocking his view be topped, trimmed or
removed. (Dr. Daponte's written statement is on file with the City Clerk's Office.)
Mr. Hamish Bell, 3666 Greve Drive, read a prepared statement supporting his request
that the trees at 30419 Ganado Dr. be trimmed to restore his view. (Mr. Bell's statement
is on file with the City Clerk's Office.)
Mr. Roy Lorenz, 30419 Ganado Drive, presented a prepared statement on behalf of
himself and Kenneth Patton, 30411 Ganado Drive, which argued that the City did not
have the right to trim or remove his trees. (Mr. Lorenz's statement is on file with the City
Clerk's Office.)
RECESS & RECONVENE:
At 8:10 P.M. a recess was taken. The meeting reconvened at 8:35 P.M.
Because Mr. Lorenz was unable to continue with his testimony, Mayor McTaggart
moved, seconded by Councilman Byrd that View Restoration Permit No. 37 be
continued to the December 2, 1997 meeting. Motion carried.
REGULAR BUSINESS
Waiver of fee for View Restoration Permit No. 48 - Papadakis (11203 x 1806)
Because of the anticipated impact on this matter by a decision to be made by the School
District, it was the consensus to continue this matter to the next meeting.
Mayor Pro -Tem Ferraro so moved, seconded by Mayor McTaggart. Motion carried.
Consideration of Termination of Contract with Golden Bear Arborists
(11204 x 1407)
Director Evans presented the staff memorandum of October 21 and the recommendation
to direct staff to provide 120 days notice to Golden Bear Arborists of the City's intention
to terminate the existing ten year contract for tree maintenance should they not agree to
the new terms, and direct staff to advertise for bids for a new contract.
Mayor Pro -Tem Ferraro moved to adopt the staff recommendation. The motion was
seconded by Councilwoman Lyon. Motion carried.
City Council Minutes
October 21, 1997
Page 5
Abalone Cove Assessment District Bond Restructuring
Resol. NO. 97 -91 (1101 x 1900)
The Council then convened in their dual role as members of the Board of the Rancho
Palos Verdes Redevelopment Agency and the City Council for the discussion of this
matter.
City Manager Bussey presented the staff memorandum of October 21 and the
recommendation to (1) Approve the proposed resolution approving a Memorandum of
Understanding (MOU) between the City, the Rancho Palos Verdes Redevelopment
Agency and the County of Los Angeles providing the framework for the restructuring the
County's Abalone Cove Assessment Bond, and declaring that the MOU is exempt from
the provision of the California Environmental Quality Act; and, (2) Direct staff to
implement the MOU as required and return with those documents necessary to carry out
the intent of the MOU.
Jack Downhill, 20 Vanderlip Drive, expressed his approval with the restructuring of the
bonds and thanked a number of individuals involved including Gail Tierney and
Supervisor Knabe, and Offered advice concerning the payback of loans.
Lois Larue, 3136 Barkentine, addressed the Redevelopment Agency and expressed that
the fact the liens were going to be withdrawn showed that something was being done
right for a change. However, she stated that the time period for the new debt financing
was going to exceed the period allowed by State financing law.
City Attorney Lynch stated that Ms. Larue was incorrect and opined that the time period
was within the parameters of the law that were established by AB 1290.
Doug Stern, Coral Ridge Road, congratulated the City for reaching an agreement on the
removal of the liens on these properties. He asked how the $1.5 million loan to the RDA
was to be used. He stated that if it was intended to pay back the bond money for the
1989 rebuilding of Palos Verdes Drive South it should go back into the bond fund and
not to the County.
City Manager Bussey stated that since the liens are being removed from the properties
and no one property owner will have t0 pay additional money for the debt service the
issue was now probably moot. He said he was therefore changing his recommendation
that a portion of the loan to be considered as reimbursement for the work done on Palos
Verdes Drive South.
Dave Ruth, 40 Cinnamon Lane, expressed gratitude to the City Manager and the City for
work done on this matter.
John C. Monks, 28757 Crestridge Road, confirmed his approval of the removal of the
liens which he hopes will now encourage the City to move forward with the necessary
landslide abatement improvements.
City Council Minutes
October 219 1997
Page 6
Sharon Nolan, 6 Clovetree Place, thanked the City and City Council members and trusts
the funds will be administered as directed.
Neil Siegel, 38 Cinnamon, spoke in favor of the proposed resolution and expressed
gratitude to the City Council members. He stated there are still necessary landslide
issues that need to be addressed.
Chris Haber, 11 Plum Tree Road, also thanked the City Council members and staff and
encouraged Council to address the landslide abatement projects as well.
Mayor Pro -Tem Ferraro moved to adopt RESOL. N0. 97 -91 OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES, THE
RANCHO PALOS VERDES REDEVELOPMENT AGENCY AND THE COUNTY OF LOS
ANGELES PROVIDING THE FRAMEWORK FOR THE RESTRUCTURING OF THE
COUNTY'S ABALONE COVE ASSESSMENT BOND AND DECLARING THAT THE
MEMORANDUM OF UNDERSTANDING BE EXEMPT FROM THE PROVISIONS TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. and to direct staff to implement
the MOU as required and return with those documents necessary to carry out the intent
of the MOU. The motion was seconded by Councilman Hollingsworth and carried on
the following roll call vote:
AYES: Byrd, Ferraro, Lyon, Hollingsworth, and Mayor McTaggart
NOES: None
Mayor McTaggart adjourned the Redevelopment Agency and declared a recess. The
meeting reconvened at 9:40 P.M.
Miraleste Recreation & Park District & Ridgecrest Recreation & Park District (301 x
1200)
City Clerk Purcell presented the staff memorandum of October 21 and the
recommendation that the City Council set a date to interview board member candidates
for the Miraleste Recreation &Park District and the members of the Ridgecrest
Recreation &Park District.
It was the consensus to set November 17, 1997 at 7 :00 P.M. as the date and time to
interview these candidates.
Holiday Appreciation Reception (I 101)
Assistant to the City Manager presented the staff memorandum of October 21 and the
recommendation to select a date for the annual Holiday Appreciation Reception for City
Committee members, commissioners and staff.
City Council set December 1 st as the date to hold this reception.
City Council Minutes
October 21, 1997
Page 7
Western Avenue Task Force (305 x 1101)
Mr. Otto presented the October 21, 1997 staff report on the results of this survey
conducted by the Western Avenue Task Force regarding the commercial activities of the
Western Avenue Corridor. He recommended that the Council receive and file the written
report and hear the oral report from Councilwoman Lyon.
Councilwoman Lyon summarized the goal of the survey was to gain a better
understanding of what goods and services are currently being used by the local
residents, what goods and services are desired, and how the local government and
chamber organizations can assist the merchants. She reported that the task force
meetings are held at Green Hills Memorial Park the first Thursday of the month at 7:30
A.M. and that a representative from Caltrans now attends the meetings.
Don Shults, 2129 Velez Drive, represented the Rolling Hills Homeowners Association,
expressed his concern about the future use of the now Navy housing site inasmuch as it
is abuts the City. He recommended that the City be on the Western Avenue task force
that was being formed by L. A. City Councilman Svorinich.
Mayor McTaggart assured that a letter was sent to the San Pedro Peninsula
Coalition to request representation.
PUBLIC COMMENTS
Pat Maricich, 4125 Maritime Road, representing the Community Association for Tract
No. 16540 stated that minimal contact has been made with the Ocean Trail Developers
during the last 12 months despite the City Council's recommendation that they work
together to improve the trail placement. She stated the Community Association remains
concerned about the unresolved issues regarding placement of trails, grading,
landscaping and lighting on Lot D.
City Manager Bussey assured that the Ocean Trails developer must gain boundary
treatment approval prior to commencing the housing phase.
Lois Larue, 3136 Barkentine, stated that the agenda packets were not available for her
on Friday. On Saturday, however, Mr. Bussey did call her and provided her with a copy
of the agenda.
CLOSED SESSION REPORT
City Attorney Lynch reported that no action was taken in Closed Session and that the
action taken regarding Abalone Cove was done in open session.
City Council Minutes
October 21, 1997
Page 8
ADJOURNMENT
At 10:07 P.M. the meeting was adjourned to 10:00 A.M. on Thursday, October 23 in the
City Hall Community Room on motion of Councilman Hollingsworth.
ATTEST:
CITYCLERMCMINUTES1102197.CCM
MAY R
City Council Minutes
October 21, 1997
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