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CC MINS 19951003 ADJM I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING OCTOBER 31 1995 The meeting was called to order at 7:00 p.m. by Mayor Lee Byrd at the Fred Hesse Park Community Center, 29301 Hawthorne Boulevard. After the Pledge of Allegiance, 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, Assistant Planner Kim Klopfenstein, Assistant Planner Fabio de Freitas, Recreation & Parks Administrator Ron Rosenfeld, and Assistant City Manager Pam Antil. CEREMONIAL EVENT: Mayor Byrd presented a City the to Gary Amo, editor of the Palos Verdes Peninsula News, in recognition of his services to the community during his tenure at the paper. APPROVAL OF AGENDA: Councilwoman Brooks moved, seconded by Mayor Pro Tem. Lyon, to approve the agenda. Motion carried. APPROVAL OF CONSENT CALENDAR Lois Larue, 3136 Barkentine, spoke to several items on the consent calendar: Minutes, hiring of the architect for the Pt. Vicente Interpretive Center Expansion and the manner of notification for the closed session. Elizabeth Kelly, spoke to matters not under Council's jurisdiction and was called out of order by Mayor Byrd. At 7:15 P.M. the Mayor then declared a recess for the purpose of asking Mrs. Kelly to leave the meeting. The meeting reconvened at 7:20 p.m. Councilwoman Brooks, moved, seconded by Councilman McTaggart, 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 of reading deemed to be given by all councilmembers after the reading of the title. MINUTES (301) Approved the minutes of September 19, 19950 RESOL. NO. 95 -89 - ANNUAL RECORDS DESTRUCTION (301) ADOPTED RESOLUTION NO. 95 -89 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. STREET PAVEMENT OVERLAY PROGRAM - NOTICE OF COMPLETION (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 ALL AMERICAN ASPHALT POSTING AN ACCEPTABLE SECURITY, NOTICE THE SURETY COMPANY OF THE EXONERATION OF THE PAYMENT AND PERFORMANCE BONDS; AND, ( 4 ) AUTHORIZED THE FINANCE DIRECTOR TO RELEASE THE 10% RETENTION PAYMENT 35 DAYS AFTER RECORDATION OF THE NOTICE OF COMPLETION BY THE COUNTY RECORDER CONTINGENT UPON NO CLAIMS BEING FILED ON THE PROJECT, AND THE CONTRACTOR POSTING ACCEPTABLE SECURITY, PT. VICENTE EXPANSION - ARCHITECT SELECTION (1201) APPROVED RON YEO, FAIA ARCHITECTS-, INC., AS THE FIRM SELECTED TO PROVIDE ARCHITECTURAL SERVICES RELATED TO THE EXPANSION OF THE PT. VICENTE INTERPRETIVE CENTER AND AUTHORIZE STAFF TO ENTER INTO CONTRACT NEGOTIATIONS. RESOL. NO. 95 -90 - REGISTER OF DEMANDS (601) ADOPTED RESOL, NO. 95 -90 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 & MAYOR BYRD NOES: NONE RECYCLE DRAWING: There was no recycle winner for the month of October. Mayor Byrd, however, announced that the County of Los Angeles Department of Public Works and the Sanitation Districts of Los Angeles County were sponsoring a household hazardous waste roundup on Saturday, October 28 from 9:00 a.m. until 3:00 p.m. at Hughes Electro- Dynamics Division, 3100 W. Lomita Boulevard, Torrance. CITY COUNCIL MINUTES OCTOBER 31 1995 PAGE 2 HEIGHT VARIATION NO. 806 APPEAL (1203 x 1804) Mayor Byrd announced that this was a continued public hearing from the September 5 meeting. Mayor Byrd reported that Council was in receipt of a letter from the City Attorney relative to this second story addition and that the letter raised questions about this matter not previously discussed. Mayor Pro Tem Lyon moved, seconded by Councilwoman Brooks to listen to the speakers, however continue the public hearing to a later date. Motion carried. Speaking in opposition to this project were the following residents: Jason Hung, 4 La Vista Verde; Howard Johnson, 59 Avenida Corona; and, Paul Mathews, 57 Avenida Corona. The concerns of these neighbors centered on the view obstruction caused by this proposed structure if it is left on the north elevation; the incompatibility of this project inasmuch as it was a two story structure whereas all of the other homes are only one story; and, that the structure wwould block the flow of air and perhaps even affect the property value of adjacent property. Jo Boehm, 6 La Vista Verde was in favor of the project as proposed and emphasized that shifting the second story toward her home would be a negative impact to her property. The appellant's attorney Charles Brumbaugh, Jr., read from his letter of October 3, 1995 which cited two areas of concern with this project: adherence to CEQA guidelines; and, meeting the required criteria for a height variation. (Mr. Brumbaugh's letter is on file with the City Clerk's office.) Kim Mantikas, 60 Avenida Corona, the applicant in this matter, said that it has now been 14 months since they submitted plans for this project, that they have complied with all of the required changes, and that Hung's primary view was toward the north this proposed project would not affect his view. No action was taken by Council and the matter was continued to October 17. LANDSLIDE MORATORIUM EXCEPTION PERMIT NO. 9 (12 03 x 18, 01 ) Assistant Planner de Freitas summarized the background on this matter with the last action being taken by the Council on September 5 to allow the applicants to rebuild their house which had been demolished and to add an additional 400 sq . ft. of new area, Along with that approval, the Council imposed the requirements that the applicants install a holding tank. As a result of that condition, CITY COUNCIL MINUTES OCTOBER 31 1995 PAGE 3 the applicants had now decided to seek the Council's approval for a larger scale project which the council had already reviewed but in a different format. Referring to the plans submitted to Council at the meeting, Mr. de Freitas continued that these plans represented what the Council had requested at the last meeting; however, they represent a new project inasmuch as the applicants now want a home in the same general configuration, plus an addition on a vacant lot, Moreover, the applicant is also requesting that the Council reconsider the requirement for a holding tank. Finally, Mr. de Freitas referred to the letter dated September 27, 1995 from the Portuguese Bend Club Architectural Committee disapproving the applicants' request, albeit based on a procedural matter and not on the merits of the project itself. Council then requested clarification of several items on this matter: when was this first heard by the council; and, the anticipated date for installation of a sewer system in this area thus obviating the need for installation of this holding tank. At 7:49 P . M. Mayor Byrd declared a recess to allow Council time to review the newly submitted plans. The meeting reconvened at 8:10 P.M. Speaking in favor of this project was June Dunbar, 83 Spindrift, who explained the changes she has seen taking place in the area. She said that she would prefer see a house on the lot rather than leaving it empty. She said that the architectural committee consists of only three people: John McCarthy and Donald Ury and Lyman Lokken, the latter two being representatives of Transamerica. Applicants Sandi and Jerry Mulliner, 102 Spindrift, said the cost of installing a holding tank would be from $18,000 to $20,000; and , that because of the steep terrain of the area, that weekly service on the tank would run close to $200. Council discussion ensued and covered such aspects of the project as limiting the number of fixtures as shown on the plans just submitted to Council; clarifying that the lot was not buildable because it was in the moratorium area; the amount of setback, if any, that should be required; and, considering the financial hardship of installing the holding tank and the costliness of the weekly service whether that requirement could indeed be waived inasmuch as sewers would eventually be installed in this area. At this point in the discussion, City Attorney Lynch opined that perhaps the best approach would be for Council to consider an amendment to the code. It was the consensus that staff should CITY COUNCIL MINUTES OCTOBER 3® 1995 PAGE 4 prepare such an amendment. Councilwoman Brooks moved, seconded by Mayor Pro Tem Lyon, to waive the holding tank, and set the setbacks at five feet on the left side and a zero setback on the south side of the property. Motion carried. Recess & Reconvene: At 8:39 P.M. the meeting recessed; the meeting reconvened at 8:45 P.M. BUDGET ADJUSTMENT FOR ABALONE COVE ZONE II PEER REVIEW (12 0 4 X 19 0 0) Public Works Director Pulliam presented the staff report of October 31 1995 and the recommendation to (1) ADOPT THE PROPOSED RESOLUTION AMENDING RESOL. NO. 95 -20, THE CITY BUDGET APPROPRIATION FOR FISCAL YEAR 1995 -96; THEREBY APPROVING AN APPROPRIATION INCREASE OF $30,000 TO PROVIDE FOR PEER REVIEW OF THE GEOTECHNICAL CONDITIONS INVOLVED WITH THE ABALONE COVE ZONE II LANDSLIDE MORATORIUM EXCEPTION PROJECT; AND (2) AUTHORIZE STAFF TO RETAIN THE SAME GEOTECHNICAL CONSULTANTS WHO ARE CURRENTLY PROVIDING THE PEER REVIEW FOR THE PORTUGUESE BEND AREA TO PROVIDE PEER REVIEW OF THE ABALONE COVE ZONE II AREA PAST GEOTECHNICAL WORK. Council expressed concern about the City getting reimbursed for the expense of this study; if parameters could be set such as the scope of documents to be reviewed, the timeframe, who would be conducting the review, and the manner of informing the Council about the review. Lois Larue, questioned the necessity for this review. It was the consensus that staff should report on the scope of the work to be done by this group. RESOLUTION FROM THE CITY OF CLAREMONT (306 x 1101) City Manager Bussey presented the staff report of October 3, and explained that the City of Claremont is requesting the City to support a resolution which proposes to prohibit state and counties from taking local government revenue without their consent. Lois Larue, requested clarification of this resolution. Councilman McTaggart moved, seconded by Councilwoman Brooks moved, to support the resolution submitted by the City of Claremont. Motion carried. Audience Comments: Richard Bara, 1 Pepper Tree, spoke relative to the 75 acres of land located in the Portuguese Bend area and urged CITY COUNCIL MINUTES OCTOBER 3, 1995 PAGE 5 the Council to consider this distressed land and not to pay more for it than the price at the time it was purchased by the current owner. Recess to Closed Session: At 9:12 P.M. the Council recessed to a closed session which would be held after the Redevelopment Agency Meeting. Motion made by Councilman McTaggart. Reconvene: At 10:00 p.m, the meeting reconvened and the City Attorney reported that the Council took no action with regard to the labor negotiations; that with regard to the real property negotiations, the Council directed the negotiators to continue negotiations but no agreement was reached and no price was set. Adjournment: At 10:00 p.m. the meeting adjourned to Saturday at 8:00 a.m. at Hesse Park for a Community Leader Breakfast. Motion made by Mayor Pro Tem Lyon. ATTEST: MAYOR CITY COUNCIL MINUTES OCTOBER 31 1995 PAGE 6