CC MINS 19960521MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MAY 219 1996
The meeting was called to order at 6:30 P.M. by Mayor Marilyn Lyon at the Hesse Park
Community Center, 29301 Hawthorne Boulevard and was immediately recessed to a
closed session. The City Attorney announced that the said session would be held to
discuss the matter of Windport Canyon and to conduct a public employee performance
evaluation.
At 7:00 P.M. Mayor Lyon reconvened the meeting. Following the Pledge of Allegiance
to the flag, roll call was answered as follows:
PRESENT: McTaggart, Byrd, Ferraro, Hollingsworth and Mayor Lyon
ABSENT: None
Also present were City Manager Paul Bussey, Assistant City Manager Brent Mattingly,
Planning, Building & Code Enforcement Director Carolynn Petru, Interim Public Works
Director Joe Lopez, City Clerk Jo Purcell, City Attorney Carol Lynch, Recreation & Park
Director Ron Rosenfeld, Public Works Engineer Dean Allison and Senior Planner Joel
Rojas.
CEREMONIAL EVENT (304 x 1101)
Mayor Lyon presented a Certificate of Achievement for Excellence in Financial
Reporting to Assistant City Manager Brent Mattingly and his staff. Also Mayor Lyon
presented departing Account Manager Linda Peterson with a City plaque in recognition
of her service to the City since June, 1987.
APPROVAL OF AGENDA:
Councilman McTaggart moved, seconded by Councilman Byrd to amend the order of
the agenda and discuss the Portuguese Bend Club matter immediately after the
Consent Calendar. Motion carried.
APPROVAL OF CONSENT CALENDAR:
Lois Larue, 3136 Barkentine, spoke to the use of CDBG funds and to various warrants
on the register of demands.
At the request of Councilwoman Ferraro, the claim against the City by Patricia Maier
and the Transamerica request for a tract map extension was removed from the
Consent Calendar for discussion later in the meeting. Councilman Hollingsworth
moved, seconded by Councilman McTaggart, to approve the consent calendar as
follows:
Minutes (301)
Approved the minutes of May 4, and May 7, 1996.
Claim against the City by Quemars Sadeghi (301 x 303)
Rejected the claim and directed the City Clerk to notify the claimant.
Miraleste Recreation & Park District - Confirmation
Board Member Appointments (1200 x 301)
Confirmed the appointment of Valerie Anderson and Peter Glusac to the Board of the
Miraleste Recreation & Park District to serve until December 1999.
Resol. No. 96 -31 - Three Year Renewal for CDBG - Continued Participation
(601 x 1204)
(1) Authorized the Mayor and the City Clerk to sign the proposed agreement with the
County of Los Angeles Community Development Commission (CDC), to continue
participation in the CDBG program for Federal Fiscal Years 1997 -1999. (2) Adopted
Resol. No. 96 -31 Approving and Authorizing an Agreement by and between the City of
Rancho Palos Verdes and the County of Los Angeles for Community Development
Block Grant Program Services.
Notice of Completion- Eastview Park Tot -Lot Renovation -
Bennett Enterprises (1201 x 1204)
1. Accepted the work as completed; 2. Authorized the City Clerk to file a Notice of
Completion and to notify the Surety Company to exonerate the labor and material
bonds if no claims are filed during the 35 day legal notice period; and, 3. Authorized
the Finance Director to release the retention 35 days after the Notice of Completion
has been recorded by the County Recorder.
City Council Minutes
May 21, 1996
Page 2
Gifts for Parks (1201)
Accepted the Gifts for Parks donations and directed staff to prepare letters for the
Mayor's signature expressing Council's thanks and appreciation.
Fiscal Year 1995 -96 Slurry Seal Program Notice of
Completion - Roy Allan, Inc. (1204 x 1404)
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, and upon the contractor posting an acceptable security, notify the surety
company to exonerate the Payment and Performance Bonds posted at the time the
contract was awarded, and 3. Authorized the Finance Director to release retentions
35 days after recordation of the Notice of Completion, contingent upon no claims being
filed, and the contractor posting acceptable security.
Approval of Lease Between the City and Montessori
School of Manhattan Beach, Inc. - Ladera Linda - (1201)
Authorized the Mayor and City Clerk to execute the lease agreement between the City
and Montessori School of Manhattan Beach, Inc.
Resolution No. 96 -32 - Budget Adjustment for the FY 95 -96 Street
Pavement Overlay Program (602 x 1204 x 1404)
Adopted Resolution 96 -32 of the City Council of the City of Rancho Palos Verdes
Amending Resolution No. 95 -50, the Budget Appropriation for FY 1995 -96, for a
Budget Adjustment to the City's Capital Projects Fund.
Resol. No. 96 -33 - Register of Demands (602)
Adopted Resol. No. 96 -33 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: McTaggart, Byrd, Ferraro, Hollingsworth and Mayor Lyon
NOES: None
City Council Minutes
May 21, 1996
Page 3
Emergency Road and Slope Grading - Portuguese Bend Beach Club
(1101 x 1204 x 1801)
Director Petru presented the May 21 staff memorandum and the following
recommendations: (1) grant permission for the Portuguese Bend Club to conduct
remedial work, as necessary, to remove landslide debris from Yacht Harbor Drive until
the larger slope repair project can proceed; (2) Approve entering into an agreement
with the Dept. of Fish and Game and the United States Fish and Wildlife Service
stipulating that the City will require the Portuguese Bend Club to adequately mitigate
the loss of Coastal Sage Scrub habitat as a result of the remedial grading project; and,
(3) Direct staff to expedite the processing of the Coastal Permit required for the
grading project by presenting the permit application directly to the Council for action.
City Attorney Lynch opined that it would be necessary for the Council to adopt an
urgency ordinance to expedite approval to allow this remedial work without the
necessity of having several different appeals heard by the City before an appeal can be
filed with the Coastal Commission. Such an ordinance would be presented at the next
City Council meeting.
The City Clerk announced that in addition to the letters distributed to Council, letters
had also been received from the following residents of the Bend Club: Mr. &Mrs. Floyd
Harris, Julius Brown, Virginia Bacon and Ludwig Zelt.
Speaking in favor of the City issuing an emergency permit for the slope repair were the
following individuals: Charles Hotchkiss, 84 Yacht Harbor Drive; Bill McLaughlin, 4157
Maritime Road; June Dunbar, 83 Spindrift Drive; and Robin Radford, 135 Seawall
Road.
Lois Larue, 3136 Barkentine, said she has not been able to visit the site because it is a
private road but that she felt it was not an act of God.
Attorney Timi Hallem, representing the Portuguese Bend Beach Club, said that this
slide was the result of heavy rains experienced in 1995 and summarized the factors
that have delayed the processing of the necessary permits. She said that this slide
threatens public safety; that coastal sage scrub cannot exist in this slippage area; that
the choice was to protect the people and property or put the habitat at risk. She
presented a picture board which depicted the slippage and the growth that exists on the
sliding slope. Continuing, she said it would take about six weeks to complete the work
and that it was necessary to have it completed before the start of the next rainy season.
Project Engineer Steve Cummins, 81 Yacht Harbor Drive, said it has been a long and
City Council Minutes
May 21, 1996
Page 4
frustrating process to get a permit, that the underlying bedrock is sloping towards the
ocean, that this slide started with the rains in January 1995; and, that the Club is
seeking Federal funds to pay for this remedial work. He then summarized the
geotechnical studies, reports and communication that has taken place between the
Club and the City in an effort to facilitate this repair.
Council discussion then clarified that the request for the mitigation measures had been
sought by resource agencies within the past few weeks; and, that the Department of
Fish and Game and Fish and Wildlife have a keen interest in the City's projects that
affect Coastal Sage Scrub habitat.
City Manager Bussey explained the regular process for issuing a coastal grading permit
versus this truncated emergency procedure.
Councilman McTaggart moved, seconded by Councilwoman Ferraro to approve the
staff recommendation and that the City Attorney be directed to prepare an emergency
ordinance; that in the interim, the debris be moved back far enough to have two lanes
for traffic; and, that the habitat mitigation undertaken by the Portuguese Bend
Homeowners Association be subject to staff approval. The motion carried on a four -
one vote with Councilman Hollingsworth voting no.
Ocean Trails - Request for City Participation in financing
(701 x1203x1101 x1411)
City Manager Bussey presented the May 21 staff memorandum and the
recommendation to deny the request for the City to participate in the financing of the
Ocean Trails project.
Representing the landowner was Robert Zuckerman, 23293 Ventura Boulevard,
Woodland Hills, who presented a handout which explained their bond financing
proposal which he said would be structured in such a way that the City would have no
financial risk. (Said handout is on file with the City Clerk's Office.) He concluded his
presentation with the suggestion that he be allowed to return in 30 days and present a
more definitive report to allow staff to make a favorable recommendation. He said it
was their intention to hold public workshops and that technically this process could be
completed in 67 days.
Speaking in favor of the Ocean Trails project were the following individuals: Ken
McNeill, 32735 Seagate Drive; Bob Moore, 3200 La Rotonda Drive, #212; and,
Katherine Peele, 3200 La Rotonda Drive, #312.
Representing the Coastal Conservation Coalition (Coalition) was Angelika Brinkman-
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May 21, 1996
Page 5
Busi, who expressed opposition to negotiating mitigation measures which she felt were
already contained in the settlement agreement between the landowner and the
Coalition.
Lois Larue spoke in opposition to this proposal.
Representing the firm of Pacific Genesis was David Fitzgerald, One Sansome Street,
San Francisco, who explained the technicalities of this bonding proposal and said that
ultimately this would be a policy decision and that he would welcome the opportunity to
work with the staff on explaining its mechanics.
During Council discussion, several inquiries and clarifications were made: how the City
would be insulated from financial liability; if there would be a requirement for the City
to make payments in the event the project failed; that the City would be purchasing the
land and that the value of the land would equal the amount for which the bonds would
be sold; how underwriting criteria would be developed; what would happen in the event
$60 million in bonds was raised and how that money would be protected; what would
happen to the trails and parks in the event the project was only partially built; and, how
foreclosure proceedings would be implemented against any property owners who
defaulted on their payments.
City Manager Bussey explained how this proposal differed from most Mello -goose
bond issues and how it could be made relatively risk free with careful underwriting. He
cautioned, however, that the bond counsel and underwriter should be chosen by the
City and not the developer.
Councilwoman Ferraro stated that she and Councilman Byrd had met with Ken and
Robert Zuckerman and were given a publication prepared by Pacific Genesis.
Council resumed discussion and it was clarified that all of the funds would be used to
accelerate payment of the lots and the golf course and that the profit would be taken
last. In response to Council's inquiry about conventional financing through banks, Mr.
Zuckerman explained that financing was difficult to find in the normal sector and that
this proposal would give them more time to deal with the matter of the gnatcatcher
mating season and the time constraint that placed on the commencement of
construction. With regard to the tax free status of these proposed bonds, he explained
how the land portion of the bond money would be used for public improvements.
Recess and Reconvene: At 9:10 P.M. Mayor Lyon declared a recess. The meeting
reconvened at 9:20 P.M.
Councilman McTaggart stated that he too had a briefing with the Zuckermans on this
City Council Minutes
May 21, 1996
Page 6
project and also received the Pacific Genesis publication.
Additional discussion ensued and inquiries were made about the method of payment
for construction costs and bills; if the financing met industry standards; and, concern
was expressed that staff time not be spent on studying this proposal.
Councilman Hollingsworth stated that he also attended a presentation by the
Zuckerman brothers and had also received the brochure but had not read it.
After further expression of concern for any staff time spent on analyzing this proposal,
the fact that any appraisals and bonding agencies would have to be independent of the
developer, and the difficulty in getting this study completed before the gnatcatcher
mating season, Councilman Byrd moved, seconded by Councilman McTaggart to
authorize staff to negotiate with the developer to hire a consultant; that the consultant
prepare a report for Council's consideration; that the developer pay all associated
costs; and, that the consultant give full disclosure of any relationship with the
Zuckerman organization. The motion carried on the following roll call vote:
Ayes: McTaggart, Ferraro, Byrd, Hollingsworth & Mayor Lyon
Noes: None
Claim against the City by Patricia Maier (301 x 303)
City Clerk Purcell presented the staff memorandum on this claim and the
recommendation that it be rejected by the Council and that staff be directed to notify the
claimant.
In response to Council's inquiry, staff gave further detail on the City's ownership of the
collector sewer system and the County's maintenance of those sewers. Also explained
was the requirement that homeowners maintain a backflow device on sewer lines to
prevent such incidents as described in Ms. Maier's claim. Staff also explained that Ms.
Maier had presented this claim to the County of Los Angeles and that it had also been
rejected by that agency.
Lois Larue spoke in opposition to this recommendation.
Councilwoman Ferraro moved, seconded by Councilman McTaggart to approve the
staff recommendation. Motion carried.
City Council Minutes
May 21, 1996
Page 7
Request for Extension Request, Transamerica Realty Services,
Vesting Tentative Tract Map No. 40967 (1203 x 1411)
Director Petru presented the staff report of May 21 and the following recommendations:
1. Approve a one year time extension to May 19, 1997; and, 2. Confirm that the
Conditional Use Permit, Variance, Grading Permit, and Coastal Permit shall remain in
effect and shall expire only if finished grading, the realignment of Yacht Harbor Drive,
and construction of the utilities have not been completed and accepted within two years
from .the date of recordation of the Final Tract Map.
Lois Larue, 3136 Barkentine, questioned how this map could be extended inasmuch as
the map had expired on May 19.
Staff explained that the applicant had indeed submitted the extension request in a
timely manner.
Representing the Transamerica Company was Howard Coleman and Lyman Lokken
who stated their availability for any Council questions on the matter.
In response to Council inquiry about updated geological reports , staff explained that
new geological reports must be submitted if the reports on file are more than three
years old and that such requirement would be triggered by the applicant's request for a
approval of the final map.
Councilman Byrd moved, seconded by Councilman Hollingsworth to approve the staff
recommendation. Motion carried.
Funding Request from Eastview residents - Agreement between L. A. Unified
School District (I 101 x 1401)
City Manager Bussey presented the May 21 staff memorandum and the
recommendation to consider the request for a City grant, on a matching basis, to
Rolling Hills Riviera Homeowners Association (Eastview), and, if such a determination
is made, direct staff to prepare a resolution appropriating the grant amount.
Representing the Rolling Hills Riviera Homeowners Association in this effort was April
Sandell who described the groups efforts to get an agreement with the L. A. Unified
School District to allow students living in the Eastview area to attend Palos Verdes
School District schools. She said that the association had already been generous in
donating funds and requested that the Council consider making another donation so
they could pay for their legal expenses in pursuing this agreement.
City Council Minutes
May 21, 1996
Page 8
Councilman McTaggart moved, seconded by Councilwoman Ferraro to grant up to
$6,000 to the Association and that bills be submitted substantiating actual costs.
The motion carried on the following roll call vote:
Ayes: McTaggart, Byrd, Hollingsworth, Ferraro & Mayor Lyon
Noes: None
PUBLIC HEARINGS:
Resol. Nos. 96 -34 & 35 -Tract No. 24423 - Clint Place -
Amendment No. 1 - Vacation of a portion of the slope
easement (11204 x 1408)
Mayor Lyon opened the Public Hearing on this vacation of the slope easement. The
City Clerk announced that notice of this public hearing had been duly published and
that no written protests had been received by the City.
Senior Engineer Allison presented the staff memorandum of May 21 and the following
recommendations: (1) Adopt the proposed resolution conditionally approving
Amendment No. 1 to Tract No. 24423. (2) Adopt the proposed resolution vacating a
portion of a slope easement for the extension of Mossbank Drive.
The property owner Mr. Al Mashouf said that he had met with all of his neighbors and
that none had objected to this slope vacation. He submitted letters from two of his
neighbors evidencing their agreement with this project. (Said letters are on file with the
City Clerk's Office.)
There being no further testimony, Mayor Lyon declared the public hearing closed.
Councilman Byrd moved, seconded by Councilman McTaggart to approve the staff
recommendation and adopt the following resolutions: (1) Resol. No. 96 -34 of the City
Council of the City of Rancho Palos Verdes conditionally approving Amendment No. 1
to Tract No. 24423; and, (2) Resol. No. 96 -35 of the City Council of the City of
Rancho Palos Verdes vacating a portion of a slope easement for the extension of
Mossbank Drive. Motion carried.
Waiver of Appeal Fee for Minor Exception Permit No. 501
(1203 x 1804)
Director F'etru presented the May 21 staff memorandum and the recommendation to
deny the request to waive fees associated with the appeal of the Director's approval of
Minor Exception Permit No. 501.
City Council Minutes
May 21, 1996
Page 9
The appellant in this matter, Ms. Tent Li Ann Lee, requested that the Council consider
her request to correct her neighbor's driveway so it would conform to the Code.
Lois Larue, said she agreed with Ms. Lee's letter to the City on this matter and
disagreed with the requirement of paying $1000 fee.
Council discussion then clarified the notification process on the issuance of a minor
exception permit, the cost for such a permit and the appeal cost. Additionally, staff
explained that considerable time had been spent on measuring this driveway and that
ultimately it was a staff decision to accept the driveway.
Councilman McTaggart moved, seconded by Councilman Hollingsworth to reduce the
amount of the appeal fee to match the cost of the minor exception permit fee and that
such reduction would apply only to Mrs. Lee's appeal to the Planning Commission. The
motion failed on the following roll call vote:
Ayes: McTaggart and Hollingsworth
Noes: Byrd, Ferraro and Mayor Lyon.
Councilman Byrd moved, seconded by Councilwoman Ferraro to deny the request for
the fee waiver. The motion carried on the following roll call vote:
Ayes: Byrd, Ferraro, Hollingsworth, and Mayor Lyon
Noes: McTaggart
Code Amendment No. 34 and Environmental Assessment
No. 628 -- Amendments to Titles 16 and 17 of the
City's Municipal Code (Development Code Revisions)
(1203 x 1801)
Senior Planner Rojas presented the May 21 staff report and the following
recommendations: 1. Proceed with the initial review of draft Chapters 17.84, 17.86,
17.881 17.901 17.92, and 17.96 as provided in the amended review schedule; and, 2.
Review outstanding issues pertaining to misc. draft chapters of Title 17; 3. Continue
consideration of the amended Development Code to June 18, 1996.
Cheryl Caughlin, 6412 Via Canada, explained that she had received a letter regarding
the height of her hedge which she felt was not subject to any City restriction because
she lived in the Miraleste area which has area specific regulations with regard to tree
height and ambiance enhancement plantings. She referenced her May 13, 1996 letter
City Council Minutes
May 21, 1996
Page 10
to the City about this matter. (Ms. Caughlin's letter is on file with the City Clerk's
Office.) Ms. Caughlin stated her support for the staff recommendation that the
Development Code's hedge height limitations be eliminated and that the height of
hedges instead be regulated by the view restoration standards of Prop M.
Council then proceeded to make amendments and recommendations as indicated to
the following chapters only: Section 17.76.030 (fences, walls & hedges) Leave the
Code's hedge height requirements in tact but pursue an overlay district for the
Miraleste area that would allow higher hedge heights due to its.unique circumstances.
In the meantime, however, with regard to Ms. Caughlin's code enforcement matter,
Councilman McTaggart moved, seconded by Councilman Byrd that code enforcement
on this type of matters be abated. Motion carried.-
Lars Anders, representing a prospective property owner, inquired about the restrictions
on Bed and Breakfast (B &Bs) establishments in the City. He cited other coastal
communities where such establishments are located in residential areas. He felt that
the Council should consider allowing such facilities inasmuch as the coastline will be
developed with such projects as Ocean Trails and golf courses. He felt that B &Bs
would fit into the overall plan.
Chapter 17.02 Single Family Residential Districts: (Bed and Breakfast) Staff was
directed to prepare a definition for a B &B and develop evaluation criteria, whereby any
Bed &Breakfast use would be allowed in any zone with approval of a C. U. P..
Lois Larue spoke in favor of allowing B &Bs.
Recess and Reconvene: At 10:55 P.M. Mayor Lyon declared a recess. The meeting
reconvened at 11:05 P.M.
Chapter 17.80 (Hearing Notice and Appeal Procedure) Staff was directed to add a
section to the Code enabling the City Council as a body to appeal a Director or
Planning Commission decision to the City Council.
Section 17.76.050 (sign permits) - Delete the requirement that all legal
nonconforming signs which existed prior to the City's incorporation be removed.
Chapter 17.84 (Noncomformities): -Keep the proposed requirement that an addition
which adds 25% or more to the floor area of an existing structure requires an applicant
to bring the existing structure into compliance with the Code, but change the trigger to
50% and exempt setback requirements.
Chapter 17.86.050 (Enforcement): Clarify that an active code enforcement case has
City Council Minutes
May 21, 1996
Page 11
to be on file before an application can be rejected or not granted.
Chapter 17.86 (Cap on extension requests) Clarify that the one time extension
limitation only applies to planning permits or approvals granted pursuant to Title 17
and add language that exempts CUP's or other planning approvals that are linked to
approved tentative tract maps.
Section 17.86.070 Expiration of permit upon non -use.
Clarify language for reinitiating expired permit.
Councilman McTaggart moved, seconded by Councilman Hollingsworth that due to the
lateness of the hour that this matter be continued to June 4. Motion carried.
Report on Closed Session: The City Attorney announced that Council voted
unanimously to have her office commence nuisance abatement proceedings against
the property known as Windport. Also, the City Attorney was directed to prepare
documents regarding the City Manager; said documents will be placed on an upcoming
agenda
Audience Comments: Ms. Tent Li Ann Lee, 55 Oceanaire Drive, spoke to the Council
about the use of power.
Adjournment: At 11:45 A.M. Council adjourned to 4:00 P.M. Tuesday, June 4 for a
budget work session to be held at Hesse Park. Motion made by Councilwoman
Ferraro.
MA�tft
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ATTEST:
CITY CLERK
052196cc.min
City Council Minutes
May 21, 1996
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