CC MINS 19960806MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
AUGUST 6, 1996
The meeting was called to order at 7:00 p.m. by Mayor Marilyn Lyon at the Hesse Park
Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance
to the Flag, roll call was answered as follows:
PRESENT: McTaggart, Byrd, Hollingsworth, Ferraro, and Mayor Lyon
ABSENT: None
Also present were City Manager Paul Bussey, Assistant Manager Brent Mattingly, City
Attorney Carol Lynch, Public Works Director Les Evans, Planning, Building & Code
Enforcement Director Carolynn Petru, Senior Planner Joel Rojas, Senior Engineer
Dean Allison, City Clerk Jo Purcell and Recording Secretary Shirley Tanaka.
APPROVAL OF AGENDA
Mayor Lyon moved, seconded by Councilman McTaggart, to move Item 15 (CAP
request for grant) forward on the agenda to be discussed immediately after the Consent
Calendar. Motion carried.
APPROVAL OF CONSENT CALENDAR
Councilman McTaggart moved, seconded by Councilman Hollingsworth to approve the
Consent. Calendar as follows:
Minutes
Approved the minutes of July 2, 10, and 16, 1996.
Confirmation of Traffic Committee Appointment (1502 x 301 x 106)
Confirmed the appointment of Ms. Ava Shepherd as the eighth member of the Traffic
Committee with a term of office until December 1997.
Budget Adjustment for Fiscal Year 1995 -96 (602)
Adopted Resol. No. 96 -60 amending Resol. No. 95 -50, the Budget Appropriation for
Fiscal Year 1995 -96, for a budget adjustment to the City's General Fund.
Notice of Completion - Bennett Enterprises - For American Disabilities Act
Improvements at Point Vicente Interpretive Center and Hesse Park (1204 x 1201)
1) Accepted the work as complete; 2) Authorized the City Clerk to file a Notice of
Completion and notify the surety company to exonerate the Labor &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.
Notice of Completion - SRD Construction for Repair of the Storm Drain on
Montemalaga and Basswood (604 x 1204)
Accepted the work as complete; 2) Authorized the City Clerk to file a Notice of
Completion and notify the surety company to exonerate the Labor and Materials Bonds
if no claims are filed during the 35 -day legal notice period; 3) Authorized the Finance
Director to release the retention 35 days after the Notice of Completion has been
recorded by the County Recorder.
Contract Extensions (Landscape Maintenance) (1204 x 1405)
1) Awarded extended maintenance service agreements to Landscape West, Inc. for
Fiscal Year 1996 -97; and, 2) Authorized the Mayor and City Clerk to execute
Maintenance Service Agreements with Landscape West, Inc.
Claim Against the City by the Palos Verdes Bay Club (303 x 301)
Rejected the claim and directed the City Clerk to notify the claimant.
Commercial Refuse and Collection Agreement with HMD Waste Company
(1301 x 1204)
Authorized the Mayor and City Clerk to execute a nonexclusive franchise agreement for
commercial refuse collection and disposal services with HMD Waste Company to be
effective through December 31, 1996.
Notice of Completion of Fiscal Year 1995 -96 Street Striping Program - Paving
Contractors, Inc. (1204 x 1404)
1) Approved Change Order Number One, which exceeded the authorized project
budget by $345.63; 2) Accepted the work as complete; 3) Authorized the City Clerk
to file a Notice of Completion and notify the surety company to exonerate the Labor and
Materials Bonds if no claims are filed during the 35 -day legal notice; 4) Authorized the
City Council Minutes
August 6, 1996
Page 2
Finance Director to release the retention 35 days after the Notice of Completion has
been recorded.
RESOLUTION NO. 96-61 - Register of Demands (602)
Adopted Resol. No. 96 -61 - 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: McTaggart, Byrd, Ferraro, Hollingsworth, and Mayor Lyon
NOES: None
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Grant to the Community Association of the Peninsula (CAP) (305 x 1101)
Marilyn Ryan, Chair of the Community Cultural Plan Project, 27570 Crossfield Drive,
presented her request for a $500 contribution to the Community Association of the
Peninsula (CAP) to aid in the development of a cultural plan for the community. The
plan will cover such issues as arts education, new audiences, resource development,
population diversity, and cultural facilities.
Motion was moved by Councilman McTaggart, seconded by Councilman Hollingsworth,
to grant the $500 request. Motion was carried on the following roll call vote:
AYES: McTaggart, Byrd, Ferraro, Hollingsworth, Mayor Lyon
NOES: None
PUBLIC HEARING
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Minor Exception Permit No. 501 - Appeal - Appellants: Teng -LiAnn & Tai Shon Lee
Location: 54 Oceanaire Drive (1804 x 1203)
Mayor Lyon opened the public hearing and the City Clerk reported that notice had been
published and no written protest had been received by the City.
Code Enforcement Officer Pollard presented the staff memorandum of August 6, 1996
City Council Minutes
August 6, 1996
Page 3
and the recommendation to adopt the proposed resolution denying the appeal of Minor
Exception Permit No. 501, thereby ratifying the Planning Commission's decision to
allow a 5.7% decrease in the minimum 50% Landscaping Requirement within the front
yard setback area for an after - the -fact installation of a semi - circular driveway and other
hardscape at 54 Oceanaire Drive.
Mr. Lee showed slides of the driveway at 54 Oceanaire Dr. and posed several
questions relative to whether the driveway exceeded the permissible lot coverage and
questioned if staff had properly measured the driveway. He urged enforcement of the
City's code.
Mr. Fred Lie and Mrs. Shirley Lie presented their discussion on the basis that Mrs.
Lee's complaints were based on a personal belief that the semicircular driveway facing
her doorway was bad luck. The Lies felt they had complied with the City's code.
Lois Larue, 3136 Barkentine, spoke in favor of the appeal.
There being no response to the Mayor's call for more public testimony, she declared
the hearing closed.
Council discussion centered on how staff measured the driveway; that it exceeded the
fifty percent lot coverage; and, its impact on Mrs. Lee's privacy inasmuch as the exit
from the Lie's driveway faced her front entrance. Also discussed was the fact that the
driveway was not compatible with other driveways in the area.
Councilman Byrd moved, seconded by Councilman McTaggart, to have staff work with
Mr. Lee to see if an agreement could be reached on the amount of hardscape, and to
enforce the fifty percent requirement.
Mayor Lyon posed a substitute motion, seconded by Councilman McTaggart, to find for
the appellant and order removal of the circular driveway. Motion carried on the
following roll call vote:
AYES: McTaggart, Byrd, Ferraro, and Mayor Lyon
NOES: Hollingsworth
Vacation of a Portion of Narbonne Avenue Right -of -Way (1204 x 1408)
Mayor Lyon declared the public hearing open and the City Clerk reported that there
were no written protests received by the city.
City Council Minutes
August 6, 1996
Page 4
Senior Engineer Allison presented the staff report of August 6, 1996 and the
recommendation to adopt the proposed resolution vacating the City's interest in a
portion of the Narbonne Avenue right -of -way.
Mark Goodwin, 27801 Palos Verdes Drive East, opposed this right -of -way vacation
because he mistakenly thought the intention was to build a road there.
June Husted, 27806 Palos Verdes Drive East, wanted to insure that vacating the land
did not result in an increase in noise and invade her privacy but had no objection to the
trail.
Attorney Whitney Skala, representing the Nazarian Corporation, supported the
recommendation.
City Attorney Lynch suggested making minor changes in the Resolution to include
incorporation of the easement map.
Councilwoman Ferraro moved, seconded by Councilman Byrd, to adopt as amended
(including map of area as Exhibit "A" and incorporate in resolution by reference)
Resolution 96 -62 vacating the City's interest in a portion of Narbonne Avenue right -of-
way. Motion carried.
Code Amendment 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 staff report of August 6, 1996 and the
recommendation to 1) Review the final draft language of draft Chapters 16.04, 16.20,
16.241 17.021 17.10 and 17.46 of Title 16 and Title 17, as provided in the amended
review schedule; and, 2) Continue consideration of the amended Development Code
to August 20, 1996.
Voicing their concerns about the lack of proper horsekeeping conditions in the
Portuguese Bend area were the present speakers: Muriel Titzler, 3 Ginger Root, and
Toni and Joe Deeble, 3 E. Pomegranate Road.
Speaking in opposition to the proposed code amendment language for Chapter 17.46
because of the restriction placed upon the number of horses allowed and the
requirement for a business license were the following speakers: Madeline Ryan, 28328
P.V. Drive East; Stacy Williams, 10 Cherryhill Lane; Enzo Giobbe, 10 Cherryhill Lane;
Ruth Kain, 3504 Hightide Drive; Jacki McGuire, 4935 Rolling Meadows Road, RHE;
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August 6, 1996
Page 5
Donna Fernandez, 2047 P.V. Drive North; Linda Lane, 26569 Hawkhurst Drive; Lynn
Petak, 25 Sweetbay Road; Daphne Clark, 10 Peppertree Drive; Kay Bara, 1
Peppertree Drive; Kelly Osborn, 27663 Conestoga Drive, RHE; Corrine Gerrard, 22
Narcissa Drive; Pamela Turner, 25930 Rolling Hills Road, Torrance; Hirsch Marantz, 2
Pony Lane, RH; Kathy Snell; 8 Vanderlip; Angelina Brinkman Bussi, 2141 W. 35th
Street, San Pedro; Charlene O'Neil, 38 Headland Drive; Lois Larue, 3136 Barkentine
Road; Carrie Madden, 33 Narcissa Drive; Sherree Greenwood, 2543 Sunnyside Ridge
Road; Linda Rawlings, 29624 Grandpoint; Don Fraser, 26 Peppertree; Richard Bara, 1
Peppertree Drive; Jack Stalich, 4125 Lorraine Road; Jack Downhill, 20 Vanderlip Drive;
Mary Haney, 18 Coral Tree; Beulah Bowen, 6 Thyme Place; Joe Deeble, 3 E.
Pomegranate; Bill Ruth, 4 Thyme Place; Jean Curtis Wells, 2104 Chandeleur Drive;
Sunshine, 6 Limetree; and, Rachel McCaskill, San Pedro.
Recess and reconvene: At 10:00 p.m. Mayor Lyon declared a recess. The meeting
reconvened at 10:20 p.m.
Continuing testimony were the following speakers:
View Restoration Commissioner Alan Green, 28920 Northbay Road, commented on the
view restoration revisions; Jeanette Mucha, 5538 Littlebow Road, representing the
Palos Verdes Homeowners Association, requested clarification of Sect. 17.02.20 of the
code; Kathy Snell, 8 Vanderlip, spoke about the development code; and, Lois Larue,
3136 Barkentine, expressed concern about the restriction on beekeeping inasmuch as
there is a shortage of honey bees.
REGULAR BUSINESS
November 5, 1996 - Special Municipal Election (501 x 301)
City Clerk Purcell presented the staff report of August 6, 1996 and the recommendation
to adopt the proposed resolutions, calling the election, providing for consolidation,
providing for arguments for and against, and providing for rebuttal arguments.
Councilman Hollingsworth moved, seconded by Councilman McTaggart to adopt the
proposed resolutions: 1) RESOLUTION NO. 96 -63 OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES CALLING AND GIVING NOTICE OF A SPECIAL
MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE NOVEMBER 5, 1996
STATEWIDE GENERAL ELECTION, AND ORDERING THAT A QUESTION
RELATING TO THE ADOPTION OF AN ORDINANCE VALIDATING AND RE-
ADOPTING A 3% UTILITY USERS TAX BE SUBMITTED TO THE VOTERS AT THE
SPECIAL MUNICIPAL ELECTION; 2) Adopted RESOLUTION NO. 96 -64 OF THE
City Council Minutes
August 6, 1996
Page 6
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES REQUESTING THAT
THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES
CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5,
19961 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE
PURSUANT TO SECTION 14403 OF THE ELECTIONS CODE; 3) RESOLUTION NO.
96-65 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY
MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS; AND, 4) Adopted RESOLUTION NO. 96-66 OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES PROVIDING FOR THE FILING OF
REBUTTAL ARGUMENTS FOR A CITY MEASURE SUBMITTED AT THE NOVEMBER
5, 1996 SPECIAL MUNICIPAL ELECTION. Motion carried.
Policy Director Regarding Construction in the Landslide Area: 1) Placement of
Residential Structures on Storage Container Foundations; and, 2) Relocation of
Residential Structures on the Same Lot, or to Different Lots, Within the Landslide
Moratorium Area (1203 x 1801)
Director of Planning Petru presented the staff report of August 6, 1996 with the
recommendation to provide Staff with direction regarding: 1) Placement of Residential
Structures on Storage Container Foundations; and, 2) Relocation of Residential
Structures on the Same Lot, or to Different Lots, Within the Landslide Moratorium Area.
Justin McJones, 3 Tangerine Road, said that he met all requirements to rebuild the
original house burned down in 1956 and he requested that the City Council allow the
merging of two lots. Mrs. McJones, 3 Tangerine Road, also requested lot merging.
Don Fraser, 26 Peppertree Drive, said that his house has been moving and that
residents need to be allowed to use some kind of construction that would not pull apart
with land movement.
Richard Bara, 1 Peppertree Drive, suggested that the City develop criteria to allow
houses to be moved to the most stable part of the lot.
Due to the lateness of the hour, it was the consensus that this matter be continued at
the meeting of August 20.
Klondike Canyon Drainage Vandalism (1801 x 1206)
City Manager Bussey presented the staff report of August 6, 1996 and the
recommendation to authorize an award of up to $5,000 for information leading to the
City Council Minutes
August 6, 1996
Page 7
arrest and conviction of persons vandalizing the drainage system in Klondike Canyon
or related systems.
Lois Larue, 3136 Barkentine, brought a piece of pipe from the Klondike Canyon area as
evidence of what she felt was poor construction and not vandalism.
It was the consensus that this matter also be continued at the meeting of August 20.
ADJOURNMENT: Meeting was adjourned at 12:40 a.m. to Wednesday, August 7 at
9:00 a.m. at Marymount College, 30800 Palos Verdes Drive East, Rancho Palos
Verdes for a City Council Team Building Workshop.
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MAYORt��
ATTEST:
CITY CLERK
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City Council Minutes
August 6, 1996
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