CC MINS 19951017M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
OCTOBER 17, 1995
The meeting of the Rancho Palos Verdes City Council was called to
order at 7:00 P.M. by Mayor Lee Byrd at the Hesse Park Community
Center, 29301 Hawthorne Boulevard. Following 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, Planning & Building
Director Bret Bernard, Public Works Director Trent Pulliam, City
Clerk Jo Purcell, City Attorney Carol Lynch, Assistant City Manager
Pamela Antil, Planning Administrator Carolynn Petru, Associate
Planner Donna Jerex, and Assistant Planner Kim Klopfenstein.
CEREMONIAL EVENTS: (304 X 1101)
Mayor Byrd presented a five year service pin to Donna Jerex,
Associate Planner and a proclamation to Capt. Beth Dickinson of the
Lomita Sheriff's Station in recognition of declaring the month of
October as Crime Prevention Month.
APPROVAL OF AGENDA: Councilman McTaggart moved, seconded by
Councilwoman Brooks to approve the agenda. Motion carried.
APPROVAL OF CONSENT CALENDAR: 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 this 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 21, OCTOBER 3 AND 71 1995,
RESOL. NO. 95 -91 - REGISTER OF DEMANDS (602)
ADOPTED RESOL, NO, 95 -91 OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING
FUNDS FROM WHICH 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
HEIGHT VARIATION NO. 806 APPEAL (1203 X 1804)
Mayor Byrd announced that this was a continued public hearing from
the October 3 meeting.
Assistant Planner Kim Klopfenstein summarized the action taken to
date by the City Council on this matter as well as an overview of
the sequence of events when this matter was reviewed by the staff
and subsequently heard by the Planning Commission.
Speaking against the proposed project were appellant Jason Hung, 4
La Vista Verde; A. B. Nordhagen, 2 La Vista Verde; Paul Mathews, 57
Avenida Corona; and, Charles Brumbaugh, 144 S. Beverly Drive, #600,
Beverly Hills. Their objections were based on view impairment, the
incompatibility of this structure with the sourrounding
neighborhood, and the fact that its impacts were not disclosed as
required by CEQA.
Speaking in favor of the project were property owner Kimberly
Mantikas, 60 Avenida Corona; Jo Boehm, 6 La Vista Verde; and, Juan
Kivotos, 1323 N. Niagara St., Burbank. These speakers cited
compliance with the City codes and the fact that only a small
portion of Dr. Hung's view was impacted.
Councilman McTaggart moved, seconded by Councilwoman Brooks to
close the public hearing. Motion carried.
Council discussion centered on whether the proper findings such as
lack of view impairment and neighborhood compatibility could be
made to approve this second story addition; the effect of the
second story on the adjacent Boehm residence; and, the removal of
some of the foliage which was also blocking views.
Mayor Pro Tem Lyon moved, seconded by Councilwoman Brooks to uphold
the appeal without prejudice, allow the applicant to resubmit the
application without charging additional fees, and consider building
the second story within the 16 ft, height limit. Motion carried.
CDBG - PROPOSED CHANGES & BUDGET ADJUSTMENT
RESOL. N09 95 -92 (601 X 1204)
City Clerk Purcell announced that this was a public hearing and
CITY COUNCIL MINUTES
OCTOBER 17, 1995
PAGE 2
that no written protests had been received by the City. Mayor Byrd
opened the public hearing on approval of modifications to three
CDBG projects.
Ms. Dolleschel presented the staff report of October 17 and the
recommendation to adopt the proposed resolution amending RESOL. NO.
95 -50, THE FY 95 -96 BUDGET APPROPRIATION FOR FISCAL YEAR 1995 -96,
FOR A BUDGET ADJUSTMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT
FUND.
Speaking in opposition to requesting and using this CDBG funding
was Lois Larue and Kathy Snell, 8 Vanderlip Drive.
Correcting Ms. Larue's misinterpretation of low to moderate income
requirements, City Manager Bussey explained that there are two
categories of cities that receive CDBG funding: cities less than
50,000 for which the County disburses the funding; and, cities over
50,000 who receive their funding directly from the Federal
Government, The County of Los Angeles is the lead agency for the
City's funding; that while the City may not meet the Federal
criteria for low to moderate income the County as a whole does;
that these projects meet the County's requirements for CDBG funding
and are indeed approved by the Director of Community Development
Commission.
Councilman McTaggart moved, seconded by Mayor Pro Tem Lyon, to
approve the staff recommendation and ADOPT RESOL, NO, 95 -92
AMENDING RESOL. N09 95 -50, THE FY 95 -96 BUDGET APPROPRIATION FOR
FISCAL YEAR 1995 -96, FOR A BUDGET ADJUSTMENT TO THE COMMUNITY
DEVELOPMENT BLOCK GRANT FUND. Motion carried.
RESOL. NOS. 95 -93, 94 & 95 - SILVER SPUR
UNDERGROUNDING DISTRICT ( 602 X 901 X 12 0 4)
Associate Engineer Dean Allison presented the October 17 staff
report and the following recommendations: (1) ADOPT THE RESOLUTION
DECLARING SILVER SPUR UNDERGROUNDING DISTRICT AN UNDERGROUND
UTILITY DISTRICT AND ORDERING THE REMOVAL OF OVERHEAD FACILITIES
PURSUANT TO CHAPTER 12.12 OF THE RANCHO PALOS VERDES MUNICIPAL
CODE. (2) ADOPT THE RESOLUTION AMENDING RESOLUTION NO. 95 -50, A
BUDGET ADJUSTMENT FROM THE CAPITAL IMPROVEMENT FUND, UNRESERVED
BALANCE TO CAPITAL IMPROVEMENT FUND, MISCELLANEOUS CONTRACTUAL
SERVICES. (3) AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT WITH THE CITY OF PALOS VERDES ESTATES IN WHICH $40,000 OF
GENERAL FUND MONIES IS EXCHANGED WITH THE CITY OF PALOS VERDES
ESTATES FOR THEIR CONTRIBUTION OF $80,000 OF RULE 20A FUNDS, TO THE
SILVER SPUR UNDERGROUNDING PROJECT. (4) ADOPT THE RESOLUTION
ABANDONING THE FORMATION OF THE SILVER SPUR UNDERGROUNDING
ASSESSMENT DISTRICT.
CITY COUNCIL MINUTES
OCTOBER 17, 1995
PAGE 3
Council then thanked the neighboring cities of Rolling Hills
Estates, Palos Verdes Estates and Southern California Edison
Company for their participation in the funding of this
undergrounding district which they felt would make a tremendous
improvement in the appearance of this neighborhood.
Councilman McTaggart moved, seconded by Councilwoman Brooks to
adopt the staff recommendation and (1) ADOPT'RESOL. NO, 95 -93
DECLARING SILVER SPUR UNDERGROUNDING DISTRICT AN UNDERGROUND
UTILITY DISTRICT AND ORDERING THE REMOVAL OF OVERHEAD FACILITIES
PURSUANT TO CHAPTER 12.12 OF THE RANCHO PALOS VERDES MUNICIPAL
CODE. (2) ADOPT RESOL. NO. 95 -94 AMENDING RESOLUTION NO. 95 -50,
A BUDGET ADJUSTMENT FROM THE CAPITAL IMPROVEMENT FUND, UNRESERVED
BALANCE TO CAPITAL IMPROVEMENT FUND, MISCELLANEOUS CONTRACTUAL
SERVICES. (3) AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT WITH THE CITY OF PALOS VERDES ESTATES IN WHICH $40,000 OF
GENERAL FUND MONIES IS EXCHANGED WITH THE CITY OF PALOS VERDES
ESTATES FOR THEIR CONTRIBUTION OF $80,000 OF RULE 20A FUNDS, TO THE
SILVER SPUR UNDERGROUNDING PROJECT. (4) ADOPT RESOL. NO, 95 -95
ABANDONING THE FORMATION OF THE SILVER SPUR UNDERGROUNDING
ASSESSMENT DISTRICT. Motion carried.
MULTIPLE FAMILY RESIDENTIAL REFUSE AGREEMENT
(1204 X 1301)
Ms. Dolleschel presented the staff report of October 17 and the
recommendation to consider giving formal written notice of
nonextension to Waste Management of California, Inc. as outlined in
Section "A" , item 3 Term -of Aareement of the multiple family
residential agreement for refuse collection dated February 1, 1991,
Representing Waste Management was their Division President John
McDonnell, 6 518 La Gar ita Drive, who spoke to both this item and
the single family residential refuse collection and disposal
recycling services franchise agreement. He summarized how his
company has been servicing the City for the last eight years; that
the number of complaints have been minimal and require very little
staff time solving; that his company participates and supports
community events; that the beautification program was the result of
his company providing the recycling services to the City; that this
recycling program has contributed to the City meeting the goals of
AB939; and, that in 1995 the recycling program has generated
$250,000 revenue for the City. He suggested extending the single
family agreement for another three years which would put it in
synch with the multiple residential agreement in 2000, if notice of
nonextension on the multiple family contract was given at this
meeting.
Representing BFI, was their Director of Community Affairs Chip
Scholz, 14905 S. San Pedro Street, Gardena, who said that his
company services the three other cities on the Peninsula; that
CITY COUNCIL MINUTES
OCTOBER 17, 1995
PAGE 4
their contract with Rolling Hills Estates has been renegotiated in
their favor; that his company also has a green waste program in
effect in the other cities; that they too have participated in and
support community events; that they supported the July Fourth
celebration; and, that they would appreciate the opportunity to bid
on this contract.
Representing Western Waste Industries was Edward King, 906 15th
Street, Hermosa Beach, who said that if the City decided to go to
bid on this contract that they would welcome the opportunity to
participate in the process; that they have provided the service for
multiple family residential collection within the City for several
years; that his company has been providing services in Southern
California for over 40 years; that their corporate office is in the
City of Torrance; and, that they strongly support recycling
efforts.
Lois Larue spoke in favor of Ivy Rubbish Collection Co.
Council discussion centered on the advantages or disadvantages of
putting these two contracts on the same schedule; whether volume
would present an advantage in the negotiation process; if now was
the time to consider some automation of the refuse collection
process; and, if a citizen committee should be formed to consider
all of the issues involved in this matter.
Councilman McTaggart moved, seconded by Mayor Byrd to approve the
staff recommendation to consider giving formal written notice of
nonextension to Waste Management of California, Inc. as outlined in
Section "A", item 3 Term of Aareement of the multiple family
residential agreement for refuse collection dated February 1, 19910
The motion carried on a three - 0 -1 vote with Councilwoman Brooks
abstaining.
SINGLE FAMILY RESIDENTIAL REFUSE COLLECTION
(1204 X 1301)
In light of the discussion of the previous item Mayor Pro Tem. Lyon
moved, seconded by Councilman McTaggart that at the time Council
appoints all of the other committees and commissions that they also
appoint an ad hoc committee to solicit public input on refuse
collection issues and make recommendations to the City Council.
Motion carried.
Recess & Reconvene: At 8:30 P.M. the Mayor declared a recess.
After completion of the RDA agenda, the meeting reconvened at 9:15
P.M.
LADERA LINDA - COMMUNITY BULLETIN BOARD
(1201 X 808)
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OCTOBER 17, 1995
PAGE 5
Ms. Dolleschel presented the staff report of October 17 and the
recommendation to: (1) PROVIDE DIRECTION REGARDING THE LADERA
LINDA HOMEOWNERS ASSOCIATION'S REQUEST TO INSTALL A BULLETIN BOARD
ON CITY PROPERTY. (2) POSTPONE CONSIDERATION OF THIS HOMEOWNERS
ASSOCIATION REQUEST TO LANDSCAPE THE TENNIS COURTS AT THE LADERA
LINDA COMMUNITY CENTER TO THE FY 96 -97 BUDGET PREPARATION PROCESS.
Mayor Byrd recused himself from the discussion of this matter
because he is a member of the Ladera Linda Homeowners Association.
Speaking in favor of these proposals were the following
representatives of the homeowners association: Chuck Agnew, 32261
Phantom Drive and Al Recher, 32343 Phantom Drive who explained that
their association is hard at work keeping the area beautified and
that they have placed oleander trees along Forrestal Drive; that 14
homeowners purchased improved mailboxes; flower pots have been
installed in certain areas; and, that they were now desirous of
landscaping around the paddle tennis courts on Ladera Linda. For
the latter project, their Association would be willing to
contribute up to ten percent of the costs with perhaps the
remainder being paid for out of the recycling funds. Additionally
they wanted a bulletin board because they felt that their area is
a remote part of the City and that this would be an excellent means
of advertising community activities. They were, however, concerned
about the cost of the liability insurance requested by the City for
that bulletin board because it was located on City property. They
estimated that the cost to run between three thousand and thirty -
five hundred dollars per year.
Council discussion centered on the fact that this bulletin board
would be on City property and it was questioned whether other
homeowner associations would make similar requests and resulting in
a proliferation of bulletin boards. Additionally, the concern was
raised that input was not received from the homeowners association
members. It was argued, however, that such boards serve the
purpose better than the current practice of hanging signs on
fences. With regard to the matter of City funding, concern was
expressed that this association has already received several
beautification grants.
Councilman McTaggart moved, seconded by Councilwoman Brooks to
authorize the Ladera Linda Homeowners Association to construct the
bulletin board with the following conditions: The design would
have to be approved by the Public Works Director, the homeowners
association would pay for construction, the bulletin board would
become City property but be maintained by the homeowners
association, and approval would be needed from the homeowners
association members. Motion carried. Council encouraged the
homeowners association to apply for a recycling grant to landscape
around the tennis courts at Ladera Linda Community Center.
CITY COUNCIL MINUTES
OCTOBER 17, 1995
PAGE 6
METRO GREEN LINE RAIL SYSTEM TICKETING PROCEDURES(1204 X 1505)
Ms. Dolleschel presented the staff report of October 17 which
explained the random ticket checking practices onboard the MTA rail
lines. Staff recommended to receive and file the report.
Council questioned the efficacy of such a random checking procedure
and it was the consensus to send a letter to the MTA asking for a
written explanation of how the system works and their rationale for
having such a policy.
STREET TREE POLICY CLARIFICATION (1203 X 1407)
Planning Administrator Petru presented the staff report of October
17 and the recommendation that Council provide staff with direction
on whether the city or the landowner requesting view restoration
should be responsible for the costs to provide replacement trees or
other landscaping when unofficial trees are removed from the public
right -of -way, until the development code revisions establishing a
city tree review permit are adopted by the city council.
Derek Classen and Linda Classen, 4120 Admirable Drive, stated they
had made the request to have the pine trees on Palos Verdes Drive
South removed; that the trees were of no benefit to the Portuguese
Bend Club because those homes face the ocean with only their
garages fronting Palos Verdes Drive South; that replacement trees
would only be a maintenance burden to the City because they need
watering and would grow beyond the point where they too would block
views. Moreover, that they were not the only residents requesting
the removal of these trees, citing several recent letters sent to
the City by their neighbors.
Mrs. Samuel Martin, 2215 Rue le Charlene, was concerned about a
letter she had received from the City about the street trees in
front of her property inasmuch as a neighbor had been complaining
about the trees located on her property. She explained the
harassing antics of her neighbor because of alleged view blockage.
Mrs. Martin was requested to call the City Manager about this
matter.
In addition to concern about the removal of so many trees, Council
expressed concern about the removal cost. The suggestion was then
made that perhaps the idea of lacing these trees should be
explored. Of additional concern was the cost to the City of
planting replacement trees whereupon Councilwoman Brooks moved,
seconded by Councilwoman Lyon to direct staff to place all street
tree removal requests on hold until the Development Code Revisions
were adopted and to include a provision that the City not cover the
cost of replacement trees. Motion carried.
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OCTOBER 17, 1995
PAGE 7
RECESS & RECONVENE: At 10:30 P.M. the Mayor declared a recess.
The meeting reconvened at 10:35 P.M.
FEE WAIVER REQUEST - 3638 COOLHEIGHTS DRIVE (1203)
Ms. Petru presented the staff report of October 17 which contained
a lengthy history of the deck renovations occurring at this address
since 1988. Staff recommended that Council approve a fee waiver
request for only the (after-the-fact) penalty fee, but require the
applicant to submit the required variance application fee.
Phil and Joanne Brunner, 3638 Coolheights Drive, summarized the
history of their several renovations of their deck which they said
were performed in compliance with City codes. The last renovation
was completed in 1991 and since then they had received no
correspondence from the City notifying them of any code violations.
They felt that their neighbor's complaint to the City was
unjustified, that they were unaware of any violations and they
requested waiver of all fees.
Council deliberation clarified that this deck was encroaching onto
the extreme slope by two feet as well as the required 5 foot side
yard setback area; and, that no follow -up had occurred at this
location since the September 1991 code enforcement visit by City
personnel.
Councilwoman Brooks moved, seconded by Councilman McTaggart to
waive all fees given that the circumstances in this case were
exceptional. Motion carried on the following roll call vote:
AYES: LYON, McTAGGART, BROOKS & MAYOR BYRD
NOES: NONE
WALLACE RANCH TRACT NO. 44514 - REQUEST FOR MODIFICATIONS
(1203 X 1411)
Associate Planner Donna Jerex presented the staff report of October
17 and the recommendation to provide staff with direction on
requests made by the Wallace Ranch Homeowners Association
regarding: (1) the installation of a small structure at the
entrance to the tract; (2) the installation of a gate at the
entrance of the public trail easement along Highridge Road; and,
(3) the installation of lighting along the public trail.
Representing the Homeowners Association was William Whalen, 22 Via
Costa Verde, who said that an unmanned guard shack at the entrance
to the tract would beautify the area and add security; that they
would also like to increase the lighting along the public trail;
and, that the installation of a non - locking gate at the Highridge
trail entrance would serve as a deterrent to the vandalism that
CITY COUNCIL MINUTES
OCTOBER 17, 1995
PAGE 8
homeowners were experiencing. With regard to the issue of
liability, he inquired if the City was obligated to install
lighting since 1) some of the stairwells along the trail are very
steep, and 2) the trail is part of the City's Conceptual Trails
Plan.
Council discussion centered on whether this trail should be removed
from the plan since it was originally intended to serve students
attending the nearby school which was now closed; that the City
does not have the obligation to light streets or trails; if there
were any reports from the Sheriff's department concerning vandalism
at this location; and, the fact that installation of this guard
shack would not entail any street or curb modifications.
Mayor Pro Tem. Lyon moved, seconded by Councilman McTaggart to
approve the guard shack. Motion carried.
Lois Larue, spoke in opposition to this installation.
It was the consensus that staff should prepare a resolution listing
the conditions of this guard shack and present it at a future
meeting.
Mayor Pro Tem Lyon moved, seconded by Councilwoman Brooks to
approve the installation of a non - locking gate at the top of the
stairwell at the Highridge Road entrance. Motion carried.
With regard to the issue of installing additional lights, the City
Attorney said she would provide a memorandum to the Council on this
subject.
KLONDIKE CANYON VANDALISM (1101 X 1206 X 1801)
City Manager Bussey presented the staff memorandum of October 17
and the recommendation to direct staff to work with the Klondike
Canyon Geologic Hazard Abatement District ( KCGHAD) , the property
owner where facilities are located, and the sheriff's department to
reduce vandalism to KCGHAD facilities.
Lois Larue described the condition of the landslide in the Klondike
Canyon Area.
It was the consensus to approve the staff recommendation.
DEVELOPMENT CODE REVISION HEARINGS(1203 X 1801)
City Manager Bussey presented the staff report of October 17 and
the recommendation to direct staff to provide legal notice that the
City Council will begin public hearings on the development code at
its November 8, 1995 meeting.
CITY COUNCIL MINUTES
OCTOBER 17, 1995
PAGE 9
Lois Larue questioned the lack of the appeal process in Section 16.
It was the consensus of Council to meet at 6:00 P.M. at the next
meeting to discuss the Development Code Revisions.
CODE OF ETHICS - COUNCIL, COMMITTEES & COMMISSIONS
(1101 X 1202)
Councilwoman Brooks presented her October 17. report to the Council
with the recommendation that Council instruct the City Attorney to
draft a local ethics code for appointed commission and committee
members and for members of the City Council. Additionally, she
presented a supplemental report which listed guidelines for this
proposed ethics code.
Jerry Mulliner, 102 Spindrift, said he was very unhappy about some
of the stuff that had gone on with his project at 102 Spindrift;
inquired why an investigation of his property was conducted;
questioned the delays experienced with this project; and he said he
believed these were the result of interference by Planning
Commissioner Nick Mowlds.
Sandi Mulliner said that they simply wanted to go ahead with the
project; questioned why Commissioner Mowlds was still involved in
their project since his bid was substantially higher than any other
bid they had received for their project.
Council discussion then centered on a bid document showing that
Commissioner Mowlds had bid on the Mulliner project. Councilwoman
Brooks stated that Commissioner Mowlds had promised during his 1991
interview that he would not do work within the City while on the
Planning Commission.
Some members of Council then questioned the impropriety of a
planning commissioner even bidding on a construction job within the
city.
Council directed staff to put together a timeline on the Mulliner
project, including the dates the matter was voted upon by the
Commission; and, put the matter on the next agenda for discussion
and request Mr. Mowlds' resignation.
AUDIENCE COMMENT: Lois Larue thanked the Fire Department for the
speedy action on the fire that occurred near her home on Barkentine
Road,
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OCTOBER 17, 1995
PAGE 10
ADJOURNMENT: At 12 :30 A.M., Council adjourned to 6:00 P.M.
Wednesday, November 8 for a public hearing on amendments to the
Development Code. Motion made by Councilman McTaggart.
ATTEST:
CITE CL
101795CCA OCT 17 95 CCAGENDA
4A
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OCTOBER 17, 1995
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