CC MINS 19950418M I N U T E S
REGULAR MEETING
RANCHO PALOS VERDES CITY COUNCIL
APRIL 18, 1995
The meeting was called to order at 7:00 P.M. by Mayor Lee Byrd.
After the Pledge of Allegiance to the flag, roll call was answered
as follows:
PRESENT: LYON, McTAGGART, BROOKS AND MAYOR BYRD
ABSENT: NONE
Also present were City Manager Paul Bussey, Assistant City Manager
Pamela Antil, Public Works Director Trent Pulliam, Associate
Engineer Dean Allison, Senior Administrative Analyst Veronica
Dolleschel, City Clerk Jo Purcell, Planning & Building Director
Brent Bernard, Associate Planner Terry Silverman, Administrative
Analyst Rick Otto and City Attorney Carol Lynch.
APPROVAL OF AGENDA: Councilwoman Brooks moved, seconded by
Councilman McTaggart to approve the agenda. Motion carried.
APPROVAL OF CONSENT CALENDAR: Councilwoman Brooks moved, seconded
by Councilwoman Lyon to approve the consent calendar as follows:
WAIVER OF FULL READING: Adopted a motion to waive reading in full
of all ordinances adopted at the meeting with consent to the waiver
deemed to be given by all councilmembers after the reading of the
title.
MINUTES ( 301)
Adopted the minutes of February 21, March 7, and April 4, 1995.
PENINSULA EDUCATION FOUNDATION - REQUEST
FOR FEE WAIVER (12 0 3 )
Granted the fee waiver request for Special Use Permit No. 128 from
the Peninsula Education Foundation to hold the Main Event for the
Palos Verdes Peninsula Unified School District at Long Point.
.
CONTRACT FOR CIVIC CENTER DRAINAGE PROJECT (1204 x 1201)
(1) Awarded a contract to Merit Civil Engineers, Inc. for
professional services related to design, contract administration
and construction inspection of the Civic Center drainage project;
and (2) authorized the Mayor and City Clerk to execute an agreement
with Merit Civil Engineers, Inc. to provide consultant services at
a not -to- exceed fixed fee of $17,740.
FY 94 -95 BICYCLE & PEDESTRIAN FUNDS APPLICATION
(SB821) (112 X 1204)
(1) Adopted RESOL. NO. 95 -32 APPROVING THE APPLICATION FOR BICYCLE
AND /OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF
ITS BICYCLE AND /OR PEDESTRIAN PLAN. (2) Authorized the use of
$60,499 to install wheelchair curb ramps being constructed as part
of the FY94 -95 Street Overlay Project and Sidewalk Repair Program.
LEGISLATIVE ACTIVITIES (306 x 1101)
(1) Joined the League of California Cities in supporting AB 138
(Goldsmith) which proposes to grant local governments certain
exemptions to the state prevailing wage schedule. (2) Joined the
League of California Cities in opposing SB 850 (Hayden) which
proposes to amend the tort claim act and make cities liable for
damages caused by floods, earthquakes and fires.
COMMUNITY DEVELOPMENT BLOCK GRANT
ADMINISTRATIVE SERVICES CONTRACT AWARD
(601 X 1204)
Authorized award of a consulting contract to. Diana Cho & Associates
to administer the Community Development Block Grant Program for
FY9 4 -9 5 at a not -to- exceed fee of $5,000 and for FY9 5 - 9 6 at a not -
to- exceed fee of $15,000 and authorize the City Manager and the
City Clerk to sign the contract.
RESOL. NO. 95 -33 - COUNTY SEWER MAINT. DIET.
ANNEXATION OF NEW AREAS (1204 X 1402)
Adopted RESOL. NO. 95 -33 GRANTING CONTINUOUS CONSENT AND
JURISDICTION TO THE COUNTY OF LOS ANGELES FOR THE INCLUSION OF
PORTIONS OF THE CITY OF RANCHO PALOS VERDES WITHIN A COUNTY SEWER
MAINTENANCE DISTRICT.
RESOL. NO. 95 -34 BUDGET ADJUSTMENT FOR STORM
RELATED RESPONSE & REPAIR - FEMA
APPLICATION PROCESS CONTRACT (602 X 601 X 1204)
(1) Adopted RESOL. NO. 95 -34 AMENDING RESOLUTION NO. 94 -47, THE
BUDGET APPROPRIATION FOR FISCAL YEAR 1994 -95, FOR A BUDGET
ADJUSTMENT TO VARIOUS CITY ACCOUNTS FOR STORM RELATED EXPENSES.
(2 ) Awarded a professional services agreement to David M. Griffith
& Associates for assistance with the FEMA Disaster Reimbursement
Application process on a time and material basis in an amount not -
to- exceed $12,000 without additional authorization; and, authorized
the Mayor and City Clerk to sign the agreement.
RESOL. NO. 95 -35 APPLICATION FOR
FEMA FUNDING FOR STORM DAMAGE ( 6 01 X 12 0 4 )
CITY COUNCIL MINUTES
APRIL 18, 1995
PAGE 2
Adopted RESOLUTION NO. 95 -35 DESIGNATING AUTHORIZED AGENTS OF THE
CITY TO EXECUTE AN APPLICATION FOR THE PURPOSE OF OBTAINING CERTAIN
FEDERAL FINANCIAL ASSISTANCE UNDER P.L. 93 -288 AS AMENDED AND /OR
STATE FINANCIAL ASSISTANCE UNDER THE NATURAL DISASTER RELIEF ACT.
RESOL. NO. 95 -36 - BUDGET ADJUSTMENT
FOR FUNDING OF EASTVIEW PARK PLAYGROUND
EQUIPMENT ( 6 02 x 1201)
Adopted RESOL. NO. 95 -36 AMENDING RESOLUTION NO. 94 -47, THE BUDGET
APPROPRIATION FOR FISCAL YEAR 1994 -95, FOR A BUDGET ADJUSTMENT TO
THE QUIMBY FUND.
RESOL. NO. 95 -37 - REGISTER OF DEMANDS (602)
ADOPTED RESOL. NO. 95 -37 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:
NOES:
LYON, McTAGGART, BROOKS AND MAYOR BYRD
NONE
#
C.U.P. NO. 184 - HAWTHORNE BLVD. MOBILE GAS STATION
(1804 x 1203)
Mayor Byrd opened the public hearing on Conditional Use Permit No.
184 and City Clerk Purcell reported that notice had been duly
published and that protest letters were made a part of the agenda
packet.
U
Associate Planner Terry Silverman presented the staff report of
April 18 and the following recommendations: (1) Deny'the appeal
thereby upholding the Planning Commission's approval of Conditional
Use Permit No. 182, Sign Permit No. 720 and the Negative
Declaration adopted in conjunction with Environmental Assessment
No. 667; and (2) Direct staff to prepare resolutions and
conditions of approval pursuant to Council action regarding the
subject applications.
Appellant Nancy Moore, 6344 Villa Rosa, read from a prepared
statement containing her objections to this project: that
sufficient gas stations already existed on the Peninsula, that a
mini -mart and propane tank service was unnecessary and, that there
be no sale of alcohol. Additionally, she requested: the parking
CITY COUNCIL MINUTES
APRIL 18, 1995
PAGE 3
lot be chained off at night to prevent loitering; the public
telephones, air and water service be moved to the front of the
site; the parking and servicing of trucks be prohibited; that the
building be designed to allow internal entry to restrooms and that
the building be designed to resemble a residence. (Mrs. Moore Is
statement is on file with the City Clerk's Office.)
Ken Moore, 6344 Villa Rosa Drive, stated that this was a busy
intersection in the middle of a residential neighborhood and
questioned the necessity of such a mini -mart because of the
existing shopping malls in the area. He stated opposition to the
sale of alcohol and propane.
Also speaking in opposition to this project were the following
residents: William Glantz, 28070 Santona Drive; J. D. Greene,
Franchisee of the 7- Eleven Store located across from the Mobil
Station; William E. Haynes, 28200 Ridgefern Court; Susan White,
6558 Monero Drive; Andrew Huang, 28442 Lomo Drive; Mary Ann
Zwiback, 28042 Santona Drive; 28042 Santona Drive; and Lois Larue,
3136 Barkentine Drive. These residents comments focused on the
following: whether this project would enhance or detract from the
image of the City; if citizens were truly supportive of this
project; the fact that there are seven gas stations within a three
mile radius of this project; that residents want the area to stay
rural; the fact that a petition had been circulated and that 19
additional signatures had been collected in opposition to the
project and, that traffic conflicts frequently occur in this area.
Mr. Greene professed skepticism about whether there would be
adequate business to support both his store and the proposed mini-
market.
Bill Myers, the project owner, testified that he had been in
business for 16 years, that Mobil had made a decision to close the
station due to the low volume of sales at the station and that he
was in the process of purchasing the property and wanted to make
these changes to provide what he felt was an essential service to
the community. This project he said would upgrade the corner and
would contribute to City sales tax revenue. He stated that he had
collected over 900 signatures in favor of this project.
Charlotte Myers, described the store's amenities and the extensive
landscaping that they planned to have installed.
Speaking in favor of the project were the following residents:
Muriel Scott, 6418 Rio Linda Drive; George Uraguchi, 28733
Covecrest Drive; Bennett Rheingold, 6755 Birchman Drive and, Robert
Prior, 5262 Willow Drive, Rolling Hills Estates. These speakers
cited their patronization of the gas station, its convenience for
the residents, and the fact that the Myers kept the gas station
well maintained and had a courteous staff.
CITY COUNCIL MINUTES
APRIL 18, 1995
PAGE 4
Speaking in rebuttal William Glantz said he didn't feel it was
right for local government to violate the wishes of the majority of
the people and questioned if the City should permit this mini -mart
expansion of the gas station so Mr. Myers would have enough
business to justify Mobil Oil keeping the station open.
Also speaking in rebuttal was Nancy Moore who referred to her map
showing other service stations in the area and again questioned the
need for this expanded use of the site and especially the sale of
the propane gas.
Speaking in rebuttal, Mr. Myers said that he had a contract with
Mobil Oil to buy gas for the next ten years, that the Moores moved
into the area in 1989 after the gas station had been built, that
the only lights at the station would be on the perimeter of the
building and that the station had less visual impact now because a
700 sq. ft. canopy had been removed.
Council discussion focused on the location of the propane gas tank
and it was clarified that staff did contact the fire department
about this matter and was told that they were not aware of any
major problem with propane tanks; that people who operate them have
to be trained; and, that the tanks have to be inspected annually.
Planning Commissioner Nick Mowlds, reported that the propane was
included in this overlay district because it was considered an
alternate source of fuel; and, that the fire department had the
final say on the location of the propane. With regard to chaining
off certain entry points to the station to prevent loitering, he
said that the Commission didn't feel that would be an effective way
to solve that problem.
Councilman McTaggart moved, seconded by Councilwoman Brooks to
close the public hearing. The motion carried.
RECESS & RECONVENE: At 9:00 p.m., Mayor Byrd declared a recess;
the meeting reconvened at 9:05 p.m.
Council resumed its discussion of this project and dwelled on the
original impetus for formation of such a district: to encourage gas
stations to stay in business in light of the fact that so many had
closed and it was feared that residents would be left without
automotive services on the Peninsula. It was agreed, however, what
constituted ancillary uses of these gas stations was something that
now needed to be determined. Contrary to hurting the 7- Eleven
store across the street, it was argued that clustering of similar
businesses frequently helps increase business. With regard to the
installation of a car wash at a later date it was felt that would
be less likely with 1450 sq. ft. being devoted to a mini -mart.
Council then moved on to list those changes which they felt would
CITY COUNCIL MINUTES
APRIL 18, 1995
PAGE 5
reduce the impact of this project on the neighborhood: prohibit
the sale of alcohol, require that the public telephones be
relocated inside the building, paint the roof to match the existing
tile; install motion activated lights around the perimeter and,
that the hours of operation would be reviewed after six months of
operation. In addition, the Council directed staff via the
landowner, to obtain additional information from Mobil Oil
regarding the removal and /or relocation of the Mobil pegasus sign
from the Granvia Altamira side of the building and to contact the
L. A. County Fire Department regarding setback requirements for the
propane tank and report on these issues at the next hearing.
Councilwoman Brooks moved, seconded by Councilwoman Lyon to deny
the appeal. Motion carried.
Councilman McTaggart moved, seconded by Councilwoman Brooks to
prohibit the sale of alcohol at this site without a separate
conditional use permit. Motion carried.
Councilwoman Brooks moved, seconded by Councilwoman Lyon that the
building conform to a design and color compatible with the
surrounding residential neighborhood. Motion carried.
With regard to the location of the propane tank, it was the
consensus to make a determination on that item at the next meeting
to allow for input from the Fire Department; such decision could be
made prior to the adoption of resolutions.
Councilwoman Brooks' motion to reduce the size of the building by
20% died for lack of a second.
Councilwoman Brooks moved, seconded by Councilwoman Lyon to require
installation of a chain to prohibit access to the rear area of the
property after closing; location and manner of the chain to be
approved by staff. Motion carried.
Councilwoman Brooks moved, seconded by Councilman McTaggart that
the public telephones be removed or relocated to the inside of the
building no later than January 31, 1996. Motion carried.
Councilman McTaggart moved, seconded by Councilwoman Lyon that no
car wash be considered for this site. Motion carried.
Councilwoman Brooks moved, seconded by Councilwoman Lyon to install
motion activated lighting on this site. Motion carried.
Councilwoman Lyons moved, seconded by Mayor Byrd to prohibit the
sale and /or display of pornographic material, magazine, or
periodicals in areas visible and /or accessible to the general
public and that prior to the sale of California State Lottery
CITY COUNCIL MINUTES
APRIL 18, 1995
PAGE 6
tickets that the City review and approve the location and display
of the lottery services. Motion carried.
ORDINANCE NO. 308 - ESTABLISHING HEARING PROCEDURE FOR POTENTIALLY
DANGEROUS AND VICIOUS DOGS (104 x 1101)
Administrative Analyst Otto presented the staff report of April 18
and the recommendation to Introduce the proposed ordinance AMENDING
THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING CHAPTER 6.32
RELATING TO POTENTIALLY DANGEROUS AND VICIOUS DOGS AND AMENDING
CHAPTER 6.12 RELATING TO THE TERM OF DOG LICENSES.
Councilwoman Brooks moved, seconded by Councilwoman Lyon to
INTRODUCE ORDINANCE NO. 308 AMENDING THE RANCHO PALOS VERDES
MUNICIPAL CODE BY ADDING CHAPTER 6932 RELATING TO POTENTIALLY
DANGEROUS AND VICIOUS DOGS AND AMENDING CHAPTER 6.12 RELATING TO
THE TERM OF DOG LICENSES. The motion carried on the following roll
call vote:
AYES: LYON, BROOKS, McTAGGART & MAYOR BYRD
NOES: NONE
SUBMITTAL OF RESOLUTIONS FOR THE CALIFORNIA CONTRACT CITIES
ASSOCIATION'S ANNUAL SEMINAR (306 x 1101)
Administrative Analyst Otto presented the staff report of April 18
and the recommendation that Council submit a resolutions) to the
California Contract Cities Association to be reviewed at their
annual seminar. Councilman McTaggart so moved, seconded by
Councilwoman Lyon. Motion carried.
SAVE OUR SHIPYARD COMMITTEE -
REQUEST FOR FINANCIAL ASSISTANCE
(1101 x 305)
Administrative Analyst Otto presented the staff report of April 18
and the recommendation that if Council so desired to authorize
financial assistance to the Save Our Shipyard Committee in an
amount determined by the council.
Instead of contributing City funds to this committee, Councilwoman
Lyon moved, seconded by Mayor Byrd that this inf ormat i on about this
committee be put on the public access channel reader board and that
residents be encouraged to contribute to this cause.
RESOL. NO. 95 -38 - DESIGN OF REPLACEMENT SEWER LINE AT TARAPACA
DRIVE (12 0 4 x 14 0 2)
Associate Engineer Allison presented the staff report of April 18
and the recommendations as follows: (1) Adopt the proposed
CITY COUNCIL MINUTES
APRIL 18, 1995
PAGE 7
resolution RESOL. NO. 95 -38 OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES AMENDING RESOLUTION NO. 94 -47, THE BUDGET
APPROPRIATION FOR FISCAL YEAR 1994-95, FOR A BUDGET ADJUSTMENT FROM
THE GENERAL FUND UNRESERVED BALANCE TO PUBLIC WORKS ADMINISTRATION
FOR COSTS OF PROFESSIONAL AND CONSULTING SERVICES FOR THE DESIGN OF
THE NEW SEWER LINE AND ACQUISITION OF RIGHT -OF -WAY. (2) Authorize
the Director of Public Works to negotiate with the Los Angeles
County Department of Public Works for Professional Engineering
Services for the design and right -of -way acquisition for a
replacement sewer line. (3) Authorize the Mayor and City Clerk to
execute a Professional Services Agreement with the County of Los
Angeles for an amount not to exceed $50,000.
Keith Reynolds, 30745 Tarapaca Road, stated support for the staff
recommendation. Richard Fling, 2805 Vista Mesa Drive, expressed
appreciation for the staff response to this emergency. He requested
that the slide be assessed to determine how serious it was and to
know if any homes were endangered.
A brief Council discussion ensued about this slope failure that
severed the sewer line and the fact that this was the same
landslide which had been identified several years ago. Council
requested that they be kept abreast of the condition of this slide.
Councilwoman Brooks moved, seconded by Councilwoman Lyon to approve
the staff recommendation and adopt RESOL. NO. 95 -38 OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO.
94 -47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1994 -95, FOR A
BUDGET ADJUSTMENT FROM THE GENERAL FUND UNRESERVED BALANCE TO
PUBLIC WORKS ADMINISTRATION FOR COSTS OF PROFESSIONAL AND
CONSULTING SERVICES FOR THE DESIGN OF THE NEW SEWER LINE AND
ACQUISITION OF RIGHT -OF -WAY. (2) Authorize the Director of Public
Works to negotiate with the Los Angeles County Department of Public
Works for Professional Engineering Services for the design and
right -of -way acquisition for a replacement sewer line. (3)
Authorize the Mayor and City Clerk to execute a Professional
Services Agreement with the County of Los Angeles for an amount not
to exceed $50,000. The motion carried on the following roll call
vote:
AYES: LYON, BROOKS, McTAGGART & MAYOR BYRD
NOES: NONE
FRIENDSHIP PARR (1101 x 1201)
Mayor Byrd presented his April 18 memorandum to the Council
describing his letter and visit with Supervisor Deane Dana to
discuss the current plans proposed for developing Friendship Park.
Additionally, he summarized the outcome of the March 14 meeting
which had been organized by Friends of Friendship Park and where it
CITY COUNCIL MINUTES
APRIL 18, 1995
PAGE 8
had been determined that they would request the County to modify
their plans and relocate the interpretive center; to -date, however,
it appeared that the County was not going to change their plans.
Janey Jones, 2747 Vista Mesa Drive, chairman of Friends of
Friendship Park, said her group wanted to maintain the park in a
passive state.
Also representing the Friends was Rob Katherman, 18 Rockinghorse
Road, who requested that the City Council help in evaluating the
impact of this plan on the City as well as on the natural flora and
fauna of the park. In an effort to coordinate efforts on responses
to the draft Environmental Impact Report, he requested that the
City approve staff and city attorney time to review the technical
reports for this environmental process.
Councilwoman Brooks moved, seconded by Councilman McTaggart to
allocate $1,000 for this cause pending submittal of bills by
Friends of Friendship Park. The motion carried on the following
roll call vote:
AYES: LYON, BROOKS, McTAGGART & MAYOR BYRD
NOES: NONE
CMANC CONFERENCE (306)
It was the consensus to continue this item to the May 2 meeting.
VOTER FRAUD ( 5 01 x 1101)
This item was also continued to the May 2 meeting.
ROBERT E. RYAN MEMORIAL (306 x 1101)
City Manager Bussey presented the report on selecting an
appropriate community memorial in memory of former Councilman
Robert E. Ryan.
Mike Kennedy, 3200 La Rotonda Drive, requested that the Council
consider naming the "J" Road in the Ocean Trails development in
honor of former Councilman Ryan.
Howard Hildreth, 30727 Palos Verdes Drive East, requested that the
Council renaming the Ladera Linda Community Center the Robert E.
Ryan Community Center.
Michael P. Ryan, 3224 Barkentine, requested that the Rancho Palos
Verdes Park be renamed the Robert E. Ryan Park in recognition of
his father's years of service and leadership to the City.
CITY COUNCIL MINUTES
APRIL 181 1995
PAGE 9
It was the consensus of Council to rename and dedicate the Rancho
Palos Verdes Park as the Robert E. Ryan Community Park and staff
was directed to set a date for the dedication ceremony.
AUDIENCE COMMENTS: Responding to the Mayor's call for items not on
the agenda was Bob Ciriello, 6545 Nancy Road, who spoke against the
proposed vicious dog ordinance.
Lois Larue, spoke in opposition to having the audience comments at
the end of the meeting
ADJOURNMENT: At 11:14 P.M. the meeting adjourned to April 20 at
7:00 p.m, for a Town Hall Meeting scheduled to be held at the
Ladera Linda Community Center. Motion made by Councilwoman Lyon.
ATTEST:
C CLERK
YO
CITY COUNCIL MINUTES
APRIL 18, 1995
PAGE 10