CC MINS 19950905M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
SEPTEMBER 5, 1995
The meeting of the Rancho Palos Verdes City Council was called to
order at 6:00 P.M. by Mayor Lee Byrd at the Hesse Park Community
Center, 29301 Hawthorne Boulevard and was immediately recessed to
a closed session. The meeting reconvened at 7:00 P.M. and
following the Pledge of Allegiance to the flag, roll call was
answered as follows:
PRESENT: LYON, McTAGGART, BROOKS & MAYOR BYRD
ABSENT: NONE
Also present were City Manager Paul Bussey, Planning & Building
Director Bret Bernard, Public Works Director Trent Pulliam, City
Clerk Jo Purcell, City Attorney Carol Lynch, Administrative Analyst
Rick Otto, Senior Administrative Analyst Veronica Dolleschel,
Assistant Planner Kim Klopfenstein, and Assistant Planner Fabio De
Freitas.
APPROVAL OF AGENDA
Councilwoman Brooks moved, seconded by Mayor Byrd to approve the
agenda. Motion carried.
APPROVAL OF CONSENT CALENDAR
Lois Larue, 3136,Barkentine, spoke to several items on the Consent
Calendar: Ordinance No. 310; Appointments to the Klondike Canyon
Geologic Hazard Abatement District and Abalone Cove Landslide
Abatement District; and, the Register of Demands.
After moving Item No. 5 (Restructuring of 310 Area Code) and No. 8
(Civic Center Drainage Improvements) for discussion later in the
meeting,Councilman McTaggart moved, seconded by Councilwoman Lyon,
to approve the consent calendar as amended:
WAIVER OF FULL READING
Adopted a motion to waive reading in full of all ordinances adopted
at this meeting with consent to the waiver of reading deemed to be
given by all councilmembers after the reading of the title.
MINUTES ( 301)
Adopted the minutes of July 5 and August 15, 1995 as corrected.
ORDINANCE NO. 310 - REPEAL OF PUBLIC ART FEE (1201 X 1101)
Adopted ORDINANCE NO. 310 AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES REPEALING THE PUBLIC ART PROGRAM AND AMENDING THE RANCHO
PALOS VERDES MUNICIPAL CODE.
AMERICAN DISABILITIES ACT IMPROVEMENT
PT. VICENTE INTERPRETATIVE CENTER &
HESSE PARK ( 6 01 x 12 01)
(1) Rejected all four bids received for the project. (2)
Directed staff to revise the scope of work to keep it within the
current budget and re -bid the project.
CLAIM AGAINST THE CITY - BRODERICK (301 X 303)
Rejected the claim and directed the City Clerk to notify the
claimant.
ABALONE COVE LANDSLIDE ABATEMENT DISTRICT -
KLONDIKE CANYON GEOLOGIC HAZARD ABATEMENT DISTRICT -
APPOINTMENT OF BOARD MEMBERS (301 x 2000 & 2100 )
(1) Appointed Sharon Hegetschweiler and Stephen L. King to the
Abalone Cove Landslide Abatement Dist. for a term of four years
each until September 1999; and, (2) Appointed John M. McCarthy,
Tyler A. McCoy, and Ned C. Skillman, for a term of four years each
until September 1999 to the Klondike Canyon Geologic Hazard
Abatement District.
RESOL. NO. 95 -86 - CONFORMANCE WITH THE L.A. COUNTY
CONGESTION PROGRAM (CMP) (1203 x 1505)
Adopted RESOLUTION NO. 95 -86 OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES FINDING THE CITY TO BE IN CONFORMANCE WITH THE
LOS ANGELES COUNTY CONGESTION MANAGEMENT PROGRAM ("CMP ") AND
ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT CODE SECTION 65089.
RESOL. NO. 95 -87 - REGISTER OF DEMANDS (602)
Adopted RESOLUTION NO, 95 -87 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: LYON, McTAGGART, BROOKS AND MAYOR BYRD
CITY COUNCIL MINUTES
SEPTEMBER 5, 1995
PAGE 2
NOES: NONE
HEIGHT VARIATION NO. 806 - APPEAL (1203 X 1804)
Mayor Byrd opened the public hearing on Height Variation No. 806
and City Clerk Purcell reported that notice had been duly published
and that all protest letters were made a part of the agenda
package.
Assistant Planner Kim Klopfenstein presented the staff report of
September 5, 1995 and the following recommendation: (1) Conduct
the public hearing and deny the Appeal, thereby upholding the
Planning Commission's approval of Height Variation No. 806, subject
to conditions; and, (2) Direct staff to prepare and return with the
appropriate Resolution at the next regular meeting.
Speaking against this project were the following residents:
Appellant Dr. Jason Hung, 4 La Vista Verde; Howard A. Johnson, 59
Avenida Corona; Paul Mathews, 57 Avenida Corona; and, the
appellant's attorney Charles Brumbaugh, 144 S. Beverly Drive.
Appellant Hung stressed the loss of ocean view from his property
caused by both this proposed proj ect and by large trees that exist
on his property which he plans to remove at the time he expands his
house. Mr. Johnson voiced his concern about the proposed building
wall adjacent to his house which he felt would diminish his light
and breeze, compounded by a loss of privacy because of the proposed
second story addition. Mr. Mathews opposed the project on the
basis of the colonial architecture versus the predominantly
existing single story ranch homes. The appellant's attorney
Brumbaugh, presented a prepared statement which cited the Areas of
Concern, Legal Analysis and Conclusion which asked that the
applicant prepare, file and circulate an EIR. (This September 5,
1995 brief is on file with the City Clerk's Office,)
Speaking in favor of the project were the following residents:
Property owner Kim Mantikas, 60 Avenida Corona; Jo Boehm, 6 La
Vista Verde; and, Architect Juan M. Kivotos, 1323 N. Niagara St.,
Burbank. Applicant Mantikas disputed the statements about
resultant view, light and air blockage; cited the improvement to
the neighborhood from their proposed project. Architect Kivotos
stated that they had complied with all of the City requirements and
have made compromises to meet the concerns of the neighbors: the
style of architecture was modified; sideyard & frontyard setbacks
were increased; windows on the side of the house were eliminated to
cure the concern about loss of privacy; and, disputed the assertion
that light and air passage would be impeded.
Attorney Brumbaugh, speaking in rebuttal, referred to the original
staff report dated May 9, 1995 recommending denial of the project.
CITY COUNCIL MINUTES
SEPTEMBER 51 1995
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Ms. Klopfenstein clarified the process this application followed
from the initial submittal to and denial by staff; the redesign and
second refusal by staff, and then the submittal of that plan to the
Planning Commission which they approved.
Planning Commission Chairman Nick Mowlds explained that this was
an upside down house and that the present code does not allow Dr.
Hung, 4 La Vista Verde, to have a protected view from the area
they now claim as primary viewing area. Continuing, he said that
the Planning Commission based their decision on the yet to be
adopted code. Additionally, he explained the iterations that the
design of this project has undergone.
Director Bernard clarified that Dr. Hung's house is a split level
design, therefore it was within the 16 ft. /30 ft. height envelope
and the living room was a protected viewing area.
Lengthy deliberations followed which sought to clarify certain
elements about the project: the process followed from the time it
was initially rejected by staff , redesigned and again rejected and
then approval of the last redesign by the Planning Commission;
interpretation of the required front yard and side yard setbacks
for the proposed project versus the existing structure; and,
determination of the amount of view blockage.
Mayor Pro Tem Lyon moved, seconded by Councilwoman Brooks, to
continue this matter to October 3 and that the property owner be
requested to flag the entire structure at 16 ft. and the requested
height of 26 ft. Motion carried.
Recess and Reconvene: At 7:35 P.M. Mayor Byrd declared a recess.
The meeting reconvened at 9:20 P.M. upon completion of the
Redevelopment Agency's Agenda,
L. A. COUNTY FIRE SUPPRESSION BENEFIT
ASSESSMENT DISTRICT `1101 X 1206)
Administrative Analyst Rick Otto presented the staff report of
September 5, 1995 and recommendation that if the Council wished,
support the proposed increase to the Los Angeles County Fire
Suppression Benefit Assessment District.
It was Council consensus that support for this assessment increase
of approximately $20 per year per single family household was
contingent upon Fire Station #56 on Crest Road remaining open and
that our letter to the County so state. Councilman McTaggart
moved, seconded by Mayor Pro Tem Lyon to support this request.
Motion carried.
CITY COUNCIL MINUTES
SEPTEMBER 5, 1995
PAGE 4
GRAND RE- OPENING CELEBRATION OF
PENINSULA LIBRARIES (1101 X 1001)
Administrative Analyst Rick Otto presented the staff report of
September 5, 1995 and the recommendation to consider the funding
request from the Peninsula Center Library Grand Re- Opening
Celebration Committee.
Council briefly discussed the fact that residents of this City
already support the Library through payment of $1.5M annually as
part of the 1% property tax assessment. It was the consensus not
to donate City funds to the Grand Re- Opening Celebration, however,
that staff should prepare a proclamation for the occasion. Mayor
Pro Tem Lyon so moved, seconded by Councilwoman Brooks. Motion
carried.
FEE WAIVER REQUEST - 6947 BEECHFIELD DR.
APPLICANT: MUELLER - (1203)
Planning Administrator Carolynn Petru presented the staff report of
September 5, 1995 and the recommendation to deny the request to
waive all of the required permit fees associated with proposed
repairs to the residence.
Carolean Mueller, 6947 Beechfield Dr, requested an explanation of
the mechanisms, e.g., lien, promissory note, used to defer payment
of these fees.
Lois Larue, referred to the alternatives listed in the staff
report.
Council discussion centered on the method of deferring payment of
these fees and how deferments from the landscaping and lighting
district tax were processed versus hardship deferments for the
utility user tax. One important aspect of this deferment was the
fact that the City would have out-of-pocket costs to provide the
requested service and would have to make payment to a third party
consultant for the Building and Safety reviews and permits. In
concluding this discussion, Council requested information be
forwarded to them relative to what constituted a "hardship" case
vis -a -vis deferment of these taxes.
Councilman McTaggart moved, seconded by Councilwoman Brooks to
postpone payment of the fees and that staff work out the details
with Mrs. Mueller. Motion carried o the following roll call vote:
AYES: LYON, MCTAGGART, BROOKS & MAYOR BYRD
NOES: NONE
LANDSLIDE MORATORIUM EXCEPTION PERMIT
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SEPTEMBER 5, 1995
PAGE 5
NO. 9 - CLARIFICATION; 102 SPINDRIFT - MULLINER (12 03 X 18 01)
Assistant Planner Fabio de Freitas presented the staff report of
September 5, 1995 and the recommendation to consider the previous
conditions and circumstances of Landslide Moratorium Exception
Permit No. 9, and Provide Staff with direction regarding: (a)
whether the current project to re- construct the house is in
substantial compliance with the City Council's previous approval;
and (b) whether the requirement for a holding tank should be
waived. Additionally, Mr. de Freitas referred to the September 2,
1995 letter from the Portuguese Bend Club which requested that the
City Council include in its conditions of approval, should the
current Mulliner plan be approved, the requirement that such plan
be submitted the Architectural Committee for approval.
Speaking in favor of the Mulliner plan were the following
neighbors: June Dunbar, 83 Spindrift Drive; Jenny Bacon, 4111
Seahorse Lane; Robert Lloyd, 127 Spindrift; applicants Jerry
Mulliner and Sandy Mulliner, 102 Spindrift; and, contractor Mike
Davis. These neighbors asserted that the house was old and in need
of extensive rebuilding; that rebuilding the structure would
improve the neighborhood; and, that the foundation and walls were
so dilapidated that the two walls deemed by the City necessary to
remain, collapsed during the demolition of the exterior walls.
Council deliberation covered such concerns that now that a new
structure has to be built that it be done correctly and in
accordance with the requirement for a holding tank, even though it
had been waived when the permit was granted for an add -on. With
regard to required geology investigation, it was clarif ied that the
geology study completed did indeed cover the addition as well as
upgrading the property; and, explanation by the City Attorney that
rebuilding in the moratorium is allowed only in the case of a
hazard or natural disaster.
Councilman McTaggart moved, seconded by Mayor Pro Tem Lyon, to
approve Alternative No. 2 as spelled out in the staff report
requiring the applicant to install a holding tank as a condition of
approval. Motion carried.
The applicants were advised that their plans would have to be
submitted to their local reviewing board, the Portuguese Bend Club
Architectural Committee and the City's Planning Commission and that
the approval by the City Council was for their permit only.
EXPANDING CURBSIDE RECYCLING PROGRAM
TO INCLUDE MIXED PAPER (1204 X 1301)
Council waived reading of the staff report which recommended
authorization that Waste Management and Ivy Rubbish Disposal expand
CITY COUNCIL MINUTES
SEPTEMBER 5, 1995
PAGE 6
the curbside recycling program to include mixed paper.
Representing Waste Management was their Division President John P.
McDonnell, who responded to Council's inquiries about the
processing, sorting and the percentage and of f ect of mixed paper on
the collected newsprint.
Councilwoman Brooks moved, seconded by Councilman McTaggart to
approve the staff recommendation. Motion carried.
PUBLIC WORKS CONSULTING SERVICES AGREEMENT (1204)
Senior Administrative Analyst Dolleschel reported that this staff
report was identical to the one already considered by the Council
during their session as a Redevelopment Agency, City Manager
Bussey stated that staff had dropped its request to have the RDA
and City agreement terminate on the same date and that staggered
termination dates would be acceptable.
Councilman McTaggart moved, seconded by Councilwoman Brooks to
adopt Alternative No. 2 as outlined in the staff report with the
exception of the late fee: (1) CAA' s insurance coverage to remain
unchanged; (2) That all invoices be paid within 30 days of receipt
by the City; (3) that a rate be added f or the Landscape Director at
$90 per hour and that the Landscape Supervisor be changed to
Landscape Associate with the rate reduced from $65. /hr to $60,/hr,
and, (4) that the contract be extended to June 3 Of 19 9 7 with a rate
increase in FY96 -97 based on the inflation index used in the
Engineers News Record for the Los Angeles. The motion carried on
the following roll call vote:
AYES: McTAGGART, BROOKS & MAYOR BYRD
NOES: LYON
CONSIDERATION OF INTERIM STORMWATER RUNOFF
CONTROL MEASURES - LANDSLIDE AREA BETWEEN
NARCISSA & PEPPERTREE DR. (1204 X 1900)
Public Works Director Trent Pulliam presented the staff report of
September 5, 1995 and recommendation that if Council wished, to
adopt a resolution amending Resol. No. 95 -50, the Budget
Appropriation for FY 1995 -96, for a $16,000 budget adjustment to
the City's Portuguese Bend Road Maintenance Program for interim
drainage measures to protect the roadway from damage due to storm
runoff intrusion into the landslide plane.
Richard Bara, 1 Peppertree, requested clarification of several
statements in the staff report and in particular the realignment of
the existing pipe.
CITY COUNCIL MINUTES
SEPTEMBER 51 1995
PAGE 7
Lois Larue, said the work should be done through CDBG funding.
Council discussion then clarified that this proposal was
maintenance to prevent stormwater runoff from seeping into the
underground and that when the CDBG funding is secured then a more
permanent drainage and fix will be done with the roadway
improvement project.
Councilman McTaggart moved, seconded by Mayor Byrd to adopt the
proposed resolution. The motion failed on the following roll call
vote:
AYES: McTAGGART & MAYOR BYRD
NOES: LYON & BROOKS
FRIENDSHIP PARR DRAFT ENVIRONMENTAL
IMPACT REPORT ( dEIR) (12 01 X 1101)
Referring to his September i report to the Council on this matter,
Mayor Byrd explained that it was not certain if the County would
hold a public hearing on the dEIR prepared for this park and that
he recommended that staff be directed to prepare a letter to
Supervisor Dana requesting that such a public hearing be held at a
location near Friendship Park. Additionally, he felt that a
similar request should be made by Los Angeles City Council Member
Rudy Svoronich.
It was the consensus that a letter be prepared requesting that a
public hearing be conducted on the dEIR and that the Mayor should
attempt to meet with Supervisor Dana about this matter.
WESTERN AVENUE PLANNING CONSULTANT
INTERVIEWS (1101)
City Manager Bussey gave a brief report about the interviews that
would be taking place on Tuesday morning, September 6 and suggested
that if Council wished, that perhaps one or two members could
attend those interviews.
Director Bernard stated he would report to Council on these
interviews in the Friday report.
RESTRUCTURING OF 310 AREA CODE BOUNDARIES (1101 X 1601)
Councilman McTaggart summarized his participation in the two
meetings where the matter of the area code boundaries were
discussed. He described the two scenarios for making more numbers
available in the South Bay area: installation of either a new 562
area code or an overlay code number. His first choice was the
installation of an overlay. He then moved, seconded by
CITY COUNCIL MINUTES
SEPTEMBER 51 1995
PAGE 8
Councilwoman Brooks to send a letter to the PUC recommending the
installation of an overlay with the secondary recommendation to
support the proposal by the City of Gardena. Motion carried.
CONSIDERATION OF AWARD OF CONTRACT
CIVIC CENTER DRAINAGE IMPROVEMENT
PROJECTS (1204 X 1202)
In response to Mayor Pro Tem Lyon' s clarification of the term "sole
Source" staff responded that only one proposal would be solicited
from a consultant for geotechnical work.
Mayor Pro Tem Lyon then moved, seconded by Councilwoman Brooks to
adopt the staf f recommendation to: (1) Reject all bids and direct
staff to investigate alternatives to lower the cost of this
project. ( 2 ) Authorize staf f to select a sole source Geotechnical
Consultant and perform subsurface investigations for the project in
an amount not to exceed $7,,500. The motion carried on the
following roll call vote.
AYES: LYON, MCTAGGART, BROOKS & MAYOR BYRD
NOES: NONE
AUDIENCE COMMENTS: Lois Larue commented on the purchase of the
press packet and coverage of phones and availability of personnel
at City Hall.
REPORT ON CLOSED SESSION: City Attorney Lynch stated that no
action was taken by the City Council during the closed session.
LETTER FROM COUNCILWOMAN BROOKS (306 x 310)
Councilwoman Brooks read a prepared statement dated September 5,
1995, in which she explained her reasons for not seeking a second
term on the Council, summarized her accomplishments during her
tenure of office and, lastly, talked about her future goal to
continue to represent the people of the city in a broader capacity
in Congress. (This letter is on file with the City Clerk's
Office,)
ADJOURNMENT: At 11 :20 P.M. the meeting adjourned on motion of
Mayor Pro Tem Lyon.
R
ANTE •
CITY CLERK
CITY COUNCIL MINUTES
SEPTEMBER 5, 1995
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