CC MINS 19920421M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
APRIL 21, 1992
The meeting was called to order at 6:30 P.M. by Mayor McTaggart at
the Hesse Park Community Center, 29301 Hawthorne Boulevard.
The Council immediately adjourned to a closed session.
The regular meeting was called to order at 7:10 P.M. by Mayor
McTaggart. Following the Pledge of Allegiance to the flag, roll
call was answered as follows.
PRESENT: BROOKS, RYAN, KUYKENDALL, BACHARACH AND MAYOR
McTAGGART
Also present were City Manager Paul Bussey, Deputy City Manager
Mark Rohloff, Assistant to the City Manager Pamela Antil, Acting
Environmental Services Director Carolynn Petru, Public Works
Director Catherine Reed, Finance Officer Brent Mattingly, City
Attorney Carol Lynch, Recreation and Parks Director Mary Thomas and
City Clerk Jo Purcell.
Mayor McTaggart announced that the meeting would be adjourned in
honor of Jim Wike who died this past week.
CLOSED SESSION
City Attorney Lynch reported that the Council met in closed session
to discuss personnel matters. No litigation was discussed.
APPROVAL OF AGENDA
The agenda was modified to add the following: PV Transit Operating
Hours (Bacharach) . Closure of Service Stations (Brooks) , and
Present use of Ark Gardens (Brooks). Councilman Ryan moved,
seconded by Councilwoman Brooks and carried to approve the amended
agenda.
CONSENT CALENDAR
The consent calendar was modified with the removal of the item
regarding public employees retirement system (PERS) management
employee contributions to be discussed prior to the public hearing.
The Long Range Transportation Plan for the City of Rancho Palos
Verdes was removed and continued to the May 5, 1992 meeting. The
consent calendar was then approved as follows on motion of
Councilwoman Brooks, seconded by Councilman Ryan.
Adopted a motion to waive full reading of all ordinances and
resolutions adopted at the meeting with consent to the waiver of
reading deemed to be given by all councilmembers after the reading
of the title.
RESOLUTION NO. 92 -34 - APPROVAL OF MISCELLANEOUS BUDGET
APPROPRIATION ( 6 0 2 X 1201 X 101 X 901 X 1101 X 12 0 2)
The following adjustments were made to the 1991 -92 City budget:
(1) Increased the budgeted revenue and appropriations in the
El Prado Fund by $675.
(2) Increased the budgeted revenue in the Air Quality Mgmt.
Plan Fund by $16,000.
(3) Authorized a transfer of the budgeted revenue of $4,000
and budgeted appropriations of $9,700 from Maint. Dist. #2 Fund to
Maint Dist. #1 Fund to distribute the consolidated budget.
(4) Authorized a transfer of $5,000 from the Public
Information Dept. to the City Council Dept. to fund meeting and
conference expenses.
(5) Authorized a transfer of $2.,000 from the City Manager
Dept. to the Personnel Dept, for additional expenses related to the
recruitment of the two department head positions.
(6) Authorized an increase in the appropriation for salaries
and benefits in the Solid Waste Fund by $3,500 for staff time
anticipated for AB939 projects.
Adopted RESOLUTION NO, 92 -34 OF THE CITY OF RANCHO PALOS VERDES
AMENDING RESOLUTION NO. 91 -33, THE BUDGET APPROPRIATION FOR FISCAL
YEAR 1991 -92,
RESOLUTION NO. 92-35 - VACATION OF THE PEDESTRIAN TRAIL ALONG PASEO
DE PINO AND PASEO DE CASTANA (450 X 1408)
Adopted RESOLUTION NO. 92 -35 OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DECLARING ITS INTENTION TO VACATE THE
PEDESTRIAN EASEMENT ALONG PASEO DE PING AND PASEO DE CASTANA WITHIN
TRACT 33206.
RESOLUTION NO. 92 -36 - REGISTER OF DEMANDS
Adopted RESOLUTION NO. 92 -36 ALLOWING CERTAIN CLAIMS AND DEMANDS
AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.
RESOLUTION NO. 92 -37 CANVASS OF APRIL 14, 1992 ELECTION RESULTS
(501)
Adopted RESOLUTION NO. 92 -37 OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, RECITING THE FACT OF THE SPECIAL
MUNICIPAL ELECTION HELD ON APRIL 14, 1992, DECLARING THE RESULTS
AND SUCH -OTHER MATTERS AS PROVIDED BY LAW.
2 APRIL 21, 1992
The motion to approve the consent calendar carried on the following
roll call vote:
AYES: BROOKS, RYAN, KUYKENDALL, BACHARACH AND MAYOR
McTAGGART
NOES: NONE
EXCEPTION: COUNCILWOMAN BACHARACH VOTED NO ON RESOL. 92 -34
PV TRANSIT HOURS OF OPERATION (1505)
City Manager Bussey explained that the item of reducing the hours
for PV Transit was not published on the Joint Powers Authorities
Agenda and consequently at the meeting held last week the Authority
was unable to take any action reducing the hours of operation. He
explained that the item would be placed on the Authority's next
agenda for action.
Councilman Kuykendall explained the budget status for the JPA and
how the Authority would have a $100,000 deficit for the remainder
of the fiscal year if hours of operation were to continue at
current levels. He explained that PV Transit cost $60,000 -
$70,000 per month to operate; that some cities would have to use
their general fund to support the transit if they were to continue
operating at current levels; consequently, the board felt that it
was necessary to take some action to balance their budget. He
reported that a public hearing had been scheduled to discuss the
fare increase and that the Board is also considering requesting
more funding from the LACTC .
DeWitt Kirk, 4335 Exultant, a member of the now inactive Transit
Advisory Committee, complained that the committee was never given
any budget inf ormation f or Prop "A" funds and inquired if Prop "A"
funds would be used to balance the City's budget.
Edith Mayerson, President of the Peninsula Seniors and representing
the League of Women Voters, said that one of the biggest needs on
the Peninsula is transportation for the seniors and requested that
the seniors have some input into what is going on with PV Transit.
Marion Smith, 3477 Newr idge , stated that she doesn't know when the
Authority's meetings are being held and requested that they be
scheduled at a time convenient for working people. She also
suggested that the City resume publication of the Newsletter to
improve communications between the City Council and the residents.
Council announced that the hours of service for PV Transit would be
discussed at a meeting on April 29th at 4:30 P.M. at Rolling Hills
Estates City Hall. Also, that the rate increase would be discussed
3 APRIL 21, 1992
at a May 13th meeting scheduled to start at 8:00 A.M. also
at the Rolling Hills Estates City Hall,
RESOLUTION NO. 92 -38 SALARY RANGE FOR DIRECTOR OF PUBLIC WORKS AND
RESOLUTION NO. 92 -39 AMENDING RESOLUTION NO. 91 -48 (MANAGEMENT
EMPLOYEE PERSONNEL RULES) (12 02 )
Assistant to the City Manager Pamela Antil presented the staff
memorandum of April 21st and the following recommendations. (1)
Adopt a resolution amending Resolution No. 91 -35 adopting certain
salary ranges for full -time employees to establish a salary range
for the recently created position of Director of Public Works and
to delete duplicate language regarding contributions to the Public
Employees Retirement System (PERS) , (2) Adopt a resolution
amending Resolution No. 91 -48 establishing the Management employee
Personnel Rules changing the City's schedule for paying management
employees' portions of the PERS contribution.
RESOLUTION NO. 92 -38 OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES AMENDING RESOLUTION NO. 91 -35 ADOPTING CERTAIN SALARY
RANGES FOR FULL -TIME EMPLOYEES was presented by title and adopted
on motion of Councilman Kuykendall, seconded by Councilwoman Brooks
and carried.
RESOLUTION NO. 92 -39 OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES AMENDING RESOLUTION NO, 91 -48 ESTABLISHING THE
MANAGEMENT EMPLOYEE PERSONNEL RULES was presented by title and
adopted on motion of Councilwoman Brooks, seconded by Councilman
Kuykendall and carried unanimously.
PUBLIC HEARINGS:
SEARAVEN DRIVE - REVISIONS TO VACATION (1408)
Assistant Director of Public Works Kevin Smith presented the staff
memorandum of April 21st and the following recommendations. (1)
Confirm existing conditions of vacation, or (2) Establish new
conditions of vacations.
Speaking in support of this vacation were the following:
Applicants Dr, Tony Rubino, and Sam Rubino, 32507 Searaven Dr.;
James Bowman, 32338 Searaven Drive; Frank Bott, 32325 Searaven Dr.;
George Fink, 32353 Searaven Dr.; Sandra Worsham, 58320 Ocean
Terrace; Richard Motz, 32413 Searaven Dr.; Steven M. MacNamara,
3519 Heroic Dr. In their statements of support these speakers
stressed the nuisance created to the adjacent homeowners as a
result of installation of the pedestrian path; expressed concern
about the level of maintenance and the cost for that maintenance;
cited the trespassing that takes place onto the private property;
and expressed concern about the loss of privacy experienced by the
adjacent property owners because of the public use of the area;
The Rubinos distributed pictures of the area which reflected the
4 APRIL 21, 1992
lack of maintenance, and presented a petition signed by 198
residents of the Ladera Linda tract and 20 residents of the
Seacliff Hills Homeowners.
Valerie Triblehorn, 3578 Heroic Dr., the other property owner
affected by this vacation, requested an update on the status of the
deposit that she had made with the City and also requested that
when moving the fire hydrant that it not be put on their side of
the street.
Sunshine, 6 Limetree, suggested that this area be held open and not
be developed.
Council then requested clarification for the charge for moving the
water main for the Rubionos; if this cost could be protested to the
Water Company; and, the status of the money on deposit by the
Rubinos and Ms. Triblehorn.
Councilman Ryan moved, seconded by Councilwoman Brooks to direct
staff to prepare a resolution with the following conditions: (1)
that all existing hardscape be removed; (2) that new curb, gutter
and sidewalk be installed along a smooth transition from Heroic to
Searaven; and, (3) that the slope drain be routed to the new curb
and gutter alignment. The motion carried on the following roll
call vote:
AYES. BROOKS, RYAN, KUYKENDALL, AND MAYOR McTAGGART
NOES: BACHARACH
Mayor McTaggart moved, seconded by Councilwoman Bacharach that a
letter be written to the California Water Company requesting a cost
breakdown for the work being done for the Rubinos and objecting to
them not being given any cost breakdowns and being required to pay
in advance. The motion carried unanimously.
VESTING TENTATIVE TRACT NO. 49067 - TRANSAMERICA (1411)
The Mayor declared the hearing open and the City Clerk reported
that notice had been duly given.
Assistant Planner Fabio de Freitas presented the staff memorandum
of April 21st and the recommendation to adopt the Mitigated
Negative Declaration for Environmental Assessment No. 600, approve
Vesting Tentative Tract Map No. 49067, and deny the appeals of
Conditional Use Permit No. 154, Coastal Permit No, 95, Grading No.
1420, and Variance No. 297, thereby upholding the Planning
Commission's approval with conditions of these applications.
Mr. de Freitas proceeded to summarize the staff memorandum as
follows: On April 19, 1991, Transamerica Realty Services submitted
an application package to develop a residential planned development
with 15 single family residential lots and 3 common area open space
5 APRIL 21, 1992
lots on an 18.33 acre vacant site located within the Portuguese
Bend Club. Upon submittal of supplemental materials, the
applications were deemed complete on July 19, 1991.
The initial study prepared in conjunction with Environmental
Assessment No. 600 indicated that the project might produce
significant adverse environmental impacts. However, it was the
City's determination that by adopting mitigation measures and
conditions of approval, the significant impacts could be eliminated
or reduced below a level of significance. A Mitigated Negative
Declaration was prepared and circulated for thirty days as required
by CEQA during which time no public comments were received.
Mr. de Freitas went on to say that the project before the Council
at this meeting was the result of several modifications made by the
developer in the course of Planning Commission review. The
proposal know as Plan C involved 14 total lots, 10 of which are for
single family residential purposes, and the remaining 4 lots would
serve as common area open space lots. The middle 8 residential
lots were approved at two stories and a total of 5,000 sq, ft.,
while the two end lots, lot 1 (a split level lot) and lot 10 (a
flat pad with a single story height limitation) had been approved
to accommodate a 6,000 sq. ft. structure. The project involved
39.,000 yards of cut and 18,,000 cubic yards of fill, theref ore
21,000 cubic yards of earth would be exported from the site. The
project, as originally proposed involved a balanced site in terms
of grading, but as the project has evolved to mitigate the view
impairment issue, the amount of grading had been adjusted
accordingly for the lower pads. The remaining improvements
included with the project were the realignment of Yacht Harbor
Drive and new drainage and utility facilities. He stated that
staff would provide a more detailed description of Plan C upon
request from Council.
Continuing with his report, Mr. de Freitas stated that Mr. Gar
Goodson, representing the Save Our Coastline 2000 organization,
filed the initial appeal of the Planning Commission's decisions on
March 16, 1992. A self appeal was filed by the applicant on March
23, 19 9 2 and finally, Mr . Sharkey filed a third appeal on March 27,
1992.
All of the concerns raised by Mr. Goodson and Mr. Sharkey had been
previously addressed by the Planning Commission except for the
archeological issue and low - moderate income housing issue. With
regard to Mr. Goodson' s contention that no attention had been given
to the archeological resources on the property, the applicant had
an archaeological survey team perform a field and records search of
the subject property that yielded no evidence of the presence of
significant historic or prehistoric cultural resources. A standard
condition of approval had been imposed on the project requiring a
professional archaeologist on site to monitor the earth movement
operations. With regard to Mr. Sharkey's contention that the
6 APRIL 21, 1992
project should result in the provision for low- moderate housing,
that reference was to an invalid policy of the Design
Guidelines for Subregion 1 and 7.
Mr. de Freitas stated that staff would provide the Council with
further information regarding these matters upon request.
The applicant appealed the Commission's livable area limits of
51000 & 6,000 sq. ft. The Commission felt that homes in this range
along with other approved development guidelines for the tract,
would result in homes that would be compatible with the surrounding
area. The applicant was now seeking to enlarge the footprints of
the 10 residential structures. Staff was now asking for direction
from the Council on this matter.
Concluding his report, Mr. de Freitas said that the applicant had
also appealed the Commission's decision on the designation of lot
14 as a common area open space lot and was now proposing to modify
the configuration of residential lot no. 1 to include a portion of
lot 14 for passive, private recreational use. Staff at this time
was also seeking direction from the Council regarding this matter.
Council inquiries on this project centered on the timeline for the
removal of the fence along the Transamerica property on Palos
Verdes Dr. South; and if the design standards should become part of
the conditional use permit resolution.
(At this point in the discussion Councilmembers Bacharach, Brooks
and Kuykendall and Ryan reported that they had met with
representatives of Transamerica and discussed this project.)
Council resumed its inquiry into the conditions of this tentative
tract: if parking on lot 12 was a condition of approval; what
happened in the event the applicant wanted to change the location
of the parking lot, and if energy conservation methods
had been incorporated into the conditions of approval.
At 8:55 P.M. the Mayor declared a brief recess. The meeting
reconvened at 9:05 P.M.
Speaking for the property owner and as an appellant was Lyman
Lokken, 1150 South Olive St., Los Angeles, who gave a brief
overview of the process that his company has followed in getting
Planning Commission approval for the project: that they appeared
before the Planning Commission on five occasions between November
12, 1991, and March 4, 1992 and that they approved the project and
sent it to Council with their recommendations and conditions of
approval.
He cited the reasons for larger homes as follows: (1) The change
from Plan B to Plan C eliminated one lot: (2) That this was a
custom lot development and not a tract. (3) That they have
7 APRIL 21, 1992
prepared extensive, voluntary, self- imposed "Special Rules" that
cover architectural style, building materials and modulation of the
houses, Courtyards of 600 square feet for all of the lots and an
additional 900 sq. feet courtyard for the two end lots were
recently added to these rules. Furthermore, most of the custom
houses will be more than 100 feet away from Palos Verdes Drive
South, (4) All setbacks exceed code. Subject to staff review, Mr.
Lokken requested that the Council use the latest version of the
rules dated April 13, 1992 and not March 12, 1992 that were
included in the staff report. Accordingly, he requested the
following revision in liveable house size; (a) End lots: #1 & #10
increase first floor by 500 sq . feet from 6,000 sq. feet to 6,500
sq . feet.. (b) Middle 8 lots: Add 300 sq . feet to the first floor
of each; from 5,000 sq . feet to 5,300 sq . feet, ( No change for
the second floor size of 2,000 sq. feet. (d) the houses would now
be about 42' wide vs. 41' to 45' in Portuguese Bend Club.
He requested that 25,600 sq . feet of Lot #14 be annexed to Lot 1 to
create a 47,500 sq. feet lot. The 25,600 sq. feet will be
restricted by recorded covenant to passive private recreational
uses. Permanent structures such as a house, tennis court, the pool
would be excluded. Even with this change there would still be 72%
common open space land provided within the tract boundaries.
He went on to say that since starting this project f ive years ago
company representatives have appeared at numerous public hearings
and met with the three homeowners groups in this area. He stated
that he believed that the development merits Council approval,, with
the changes he mentioned.
At the conclusion of Mr. Lokken's presentation, Council expressed
concern about his request for larger homes; inquired if the
location of the groundwater monitoring wells and the design of the
wells was adequate and if there would be access to them from Palos
Verdes Dr. South; and, inquired of the applicants reason for
requesting end lot #1 be enlarged.
With the use of an artist's drawing of the various designs of the
homes, Leann Kirby and Bruce Arita, representatives of
Transamerica, explained the rationale in using a courtyard design
for these homes.
Appellant Gar Goodson, 1709 Via Zurita, Palos Verdes Estates, and
representing Save Our Coastline 2000, expressed his concern for the
need for an EIR and presented a prepared statement dated March 12,
1992 which urged the City Council to reject the negative
declaration filed on this project and insist upon the completion of
a detailed and exhaustive environmental impact report. Mr.
Goodson's letter went on to cite resource management factors which
would make the property subject to an EIR . Those factors included.
RM -1 Seacliff Erosion; RM -2 Extreme Slope; RM -3 High Slope; RM -4
Active Landslide; RM -5 Old Landslide Area; R -M6 Hydrologic Factors;
8 APRIL 21, 1992
RM -7 Marine Resource; RM -8 Wildlife Habitat. (Mr. Goodson's letter
is on file with the City Clerk's Office.)
Appellant John Sharkey, 30320 Avenida de Calma, presented a
prepared statement which declared that he was appealing this
project on the basis that it lacked an EIR and that the Negative
Declaration was in violation of the City's General Plan and CEQA.
Mr. Sharkey's letter cited the geologic nature of the surrounding
property and questioned whether it was stable enough to support
development. His statement went on to question if there was
adequate coastal access provided in this region of the coast;
whether this project was compatible with the neighborhood; if view
impairment was a problem and if substantial changes would be made
in the topography. (Mr. Sharkey's letter is on file with the City
Clerk's Office.)
Jack Jones, 4225 Palos Verdes Dr. South, spoke in support of this
project. He cited the responsiveness of the developer to meet with
concerned neighbors.
J.J.D. McLaren, 3925 Palos Verdes Dr. South, questioned whether
this development followed the plans of the City and if the
dewatering wells were necessary.
John McCarthy, 105 Spindrift, representing the Portuguese Bend
Homeowners Assoc., told the Council that the Association
was not aware of this appeal. He described the negotiation process
that the association went through to purchase their property from
Transamerica. He said that the Association was concerned about the
condition of the 24 inch outlet pipe and the fact that it did not
function correctly during the last storm.
Representing Transamerica was their Civil Engineer Ronald Kendrick,
616 West Commonwealth Ave., Fullerton, who described the process
that the design of the drainage would go through when that phase of
the project is being developed. He went on to explain the existing
drainage course and hydrology of the area and how the proposed
drainage would mitigate any problems in that area.
Responding to the Council's inquiry about the necessity of an EIR,
City Attorney Lynch explained that the contention of Appellants
Sharkey and Goodson that the City's General Plan required an
Environmental Impact Report be prepared for this project was
incorrect. The General Plan glossary defined "Environmental Impact
Report" (at page 249) as: "A document which discusses the impact
that a particular development will have on the surrounding
environment." Policy Number 16 of the General Plan requires "all
projects with any natural resource management district factors
falling within their project boundaries to deal with these areas in
an Environmental Impact Report ".
Staff interpreted policy No. 16 in light of the definition in the
9 APRIL 21, 1992
General Plan glossary to require an environmental assessment of a
project, which is comprised of an initial study and either a
negative declaration or an environmental impact report. That
interpretation was consistent with the definition of environmental
impact report set forth in the General Plan and also complied with
the provisions of the California Environmental Quality Act and the
California Code of Regulations which implements CEQA.
Ms. Lynch went on to say that Section 15162 of the California Code
of Regulations states that an EIR is required only when "there is
substantial evidence that a project may have a significant effect
on the environment." (Section 15064) That determination is to be
based, to the extent possible, "on scientific and factual data."
Therefore, she said, unsupported assertions did not provide the
factual basis for requiring an EIR. Moreover! Section 15063 stated
that one of the purposes of an initial study is to "eliminate
unnecessary EIRs." Accordingly, CEQA recognizes that an EIR is not
necessary in every instance, and that unnecessary EIRs should be
eliminated.
Ms. Lynch said that the appellants' interpretation of Policy No. 16
on Page 44 of the General Plan could lead to absurd results. For
example, if someone wished to add a very small addition to their
home, such as 200 square feet, and their home happened to be
located in one of the resource management districts, according to
appellants, an EIR would be required. Obviously such a result
would fly in the face of CEQA because there would be no substantial
evidence that such a project would have a significant effect on the
environment.
With regard to this application, Ms. Lynch said that the record
demonstrated that there is no substantial evidence that the project
would have a significant affect on the environment. In -depth
geologic studies were performed on the site, which she said would
be discussed by Ms. Petru. Furthermore, because the site was
regularly disked, as noted by Councilman Ryan, the sensitive
biologic habitat which otherwise might have existed had been
eliminated. For these reasons, Staff had determined that there was
no substantial evidence in the record demonstrating that the
project would have a significant effect on the environment.
Accordingly, staff required a negative declaration rather than an
environmental impact report for the Transamerica project.
Acting Environmental Services Director Petru, gave a brief overview
of the geology done in this project area: the applicant had
performed extensive geologic investigation on the subject property
since 1986. All of the accumulated geotechnical information had
been reviewed by Dr. Perry Ehlig and a Geotechnical Review Board.
In November of 1988, Dr. Ehlig confirmed the Geotechnical Review
Board's findings and found that the proposed development was
geotechnically feasible.
10 APRIL 21, 1992
Councilwoman Brooks moved, seconded by Councilman Kuykendall to
close the public hearing. The motion carried.
Councilwoman Brooks moved, seconded by Councilman Ryan to deny the
appeals, approve the project as approved by the Planning
Commission; and, require that the drain line be designed to the
satisfaction of the Public Works Dept. The motion carried
unanimously.
With regard to the "Special rules governing the processing of the
residents within Tract No, 49067" Councilwoman Bacharach moved to
adopt Conditions W.1 and W.3 (Design Guidelines) and include the
condition that the Architectural Committee be able to modify any
associated fees with respect to the PBC's A.C. review process and
that the City not get involved with the details. The motion died
for a lack of a second.
AUDIENCE COMMENTS:
Responding to the Mayor's call for audience comments for items not
on the agenda were the following: Elizabeth Kelly, 6611 Vallon
Dr., who inquired about the adequacy of the City's charges to
developers and whether they were sufficiently high.
Roy Fulwider, 28219 Hazelridge, expressed his objection to the
expenditure of funds on the beautification of Granvia Altamira,
Peter Glusac, 6456 Via de Anzar, inquired about the possibility of
getting the City's help to solve the parking problem around
Peninsula High School.
School Board Member Barry Hildebrand, told the Council that he will
pursue this matter with the principal of Peninsula High School to
insure that the car pooling is being enforced as well as the local
exemption on parking permits.
J.J.D. McLaren, 3923 Palos Verdes Dr. South, stated several
questions regarding the Planning Commission.
MIRALESTE SWIMMING POOL COST OF PROGRAM (1201)
City Manager Bussey presented the April 15th memorandum and the
recommendation to request the Palos Verdes Unified School District
Board to waive the District's fixed costs associated with City use
of the Miraleste swimming pool.
Speaking to this item was School Board Member Barry Hildebrand,
3560 Vigilance Dr., who summarized his recollection of a meeting
with members of the City Council and School District Representative
John White. At that meeting it was the consensus that the City
would contact other organizations to determine the level of
interest in sponsoring the summer swim program at Miraleste.
11 APRIL 21, 1992
Recreation and Parks Director Thomas explained that the staff had
contacted Marymount College, the San Pedro YMCA and the American
Red Cross, Ms. Thomas stated that due to the budget process for
these organizations that there was no interest in getting involved
in the swim program at this time.
A lengthy Council discussion then followed about whether the City
could really afford this level of support for this program; if a
citizen's group could be formed to increase the participation in
the program; the lead time necessary to hire the personnel
necessary to conduct the program; and, if the School District would
be willing to split the difference in the cost of operating the
pool for this program.
Councilwoman Bacharach moved to terminate this swim program and
request that the School Sub - committee meet with the Palos Verdes
Unified School District and discuss getting use of the pool at a
reduced cost; that the City get involved insofar as liability
coverage is concerned; that the community be asked to come up with
a budget to satisfy the deficit; and, that the community develop
some kind of a program by the next meeting. The motion died for
lack of second.
Councilwoman Brooks moved, seconded by Mayor McTaggart that pending
approval of a least $5,000 from the Palos Verdes Unified School
Dist. in reduced costs that the program move ahead. The motion
carried on the following roll call vote:
AYES: BROOKS, RYAN, AND MAYOR McTAGGART
NOES: KUYKENDALL AND BACHARACH
BENEFIT ASSESSMENT DISTRICT (901)
City Manager Bussey presented the staff memorandum of April 16th
and the recommendation to consider the establishment of a 1972 Act
Lighting and Landscaping district for maintenance of park
landscaping, median maintenance, traffic signal maintenance and
other related public facilities.
Councilman Ryan moved, seconded by Councilman Kuykendall to adopt
the staff recommendation. The motion carried unanimously.
John Sharkey, 30320 Avenida de Calma, stated his objection to the
formation of this assessment district.
It was the consensus that the Mayor and the City Manager would
prepare a schedule of the public meetings that would be held to
explain this process to the residents.
FOURTH OF JULY CELEBRATION (1201)
City Manager Bussey presented the staff memorandum of April 17th
12 APRIL 21, 1992
and the recommendation that the City not hold a Fourth of July
celebration this.year. He went on to explain that traditionally
this event required a City subsidy and because of staff cutbacks it
was more difficult to devote adequate time to the event. The
projected net subsidy was $7,554, and to -date 95 hours of staff
time has been spent on the pre - planning.
Councilman Kuykendall moved, seconded by Councilman Ryan to hold a
July Fourth celebration and that the event be turned over to an
outside vendor with a net cost to the City not to exceed $2,500;
and, that the City look at doing this on a permanent basis. Motion
carried unanimously.
A brief discussion then ensued and concern was expressed whether
there was adequate time to get a vendor to handle this project and
prepare it in time for the July Fourth date; what would happen in
the case that a vendor could not go ahead with this program; and,
if it was possible to combine one of the summer concerts with the
July Fourth celebration.
Councilman Ryan moved, seconded by Councilman Kuykendall and
carried that if necessary staff should bring back some data to the
Council on the vendor's availability and that the item be placed on
the May 4th work session agenda.
ORDINANCE NO. 280 - ADOPTION OF REVISED BUILDING CODES ( 2 01 x 1203)
Acting Director Petru presented the staff memorandum and the
recommendation of April 21st as follows: (1) Adopt the 1991 Uniform
Building Code as amended. (2) Adopt the 1991 Uniform Plumbing Code
as amended. (3) Adopt the 1991 Uniform Mechanical Code as amended.
(4 ) Adopt the 1990 National Electrical Code as amended. ( 5 ) Adopt
the 1991 Uniform Administrative Code as amended. (6) Adopt the
1991 Uniform Code for the Abatement of Dangerous Buildings. (7)
Adopt the 1991 Uniform Housing Code.
ORDINANCE NO. 280 OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY
REFERENCE THE UNIFORM BUILDING CODE, UNIFORM MECHANICAL CODE,
UNIFORM PLUMBING CODE, UNIFORM HOUSING CODE, UNIFORM ADMINISTRATIVE
CODE, UNIFORM CODE FOR THE ABATEMENT OF HAZARDOUS BUILDINGS, 1991
EDITIONS, AND NATIONAL ELECTRICAL CODE, 1990 EDITION AND MAKING
AMENDMENTS TO SAID CODES AND AMENDING THE RANCHO PALOS VERDES
MUNICIPAL CODE was presented by title and introduced and set for
public hearing on May 19, 1992 on motion of Councilman Ryan,
seconded by Councilman Kuykendall and carried.
LANDSLIDE MORATORIUM EXCEPTION NO. 1 - 48 SEAWALL LANE (1801)
Assistant Planner Kimberly Klopfenstein, presented the staff
memorandum of April 21st and the recommendation to deny this
request for an exception for the remodel and addition of 1,173
square feet to the structure.
13 APRIL 21, 1992
Representing the applicant was their architect Richard M. Linde,
2200 Ampola Ct., who summarized the changes that they were now
willing to make to this project.
In light of the extent of the changes the City Attorney opined that
the City Council could deny this application without prejudice and
that she did not think it was advisable to approve this project
without having seen any plans of the changes.
Councilman Ryan moved, seconded by Councilman Kuykendall to deny
this application without prejudice. Motion carried.
STATUS OF DIRECTIVES:
Peninsula -Wide Park & Recreation System (12011
The City Manager presented the staff memorandum of April 20th and
the recommendation that each Peninsula City Council appoint a
subcommittee to begin formal discussions regarding formation of a
Peninsula -wide recreation and park system.
Councilman Kuykendall moved, seconded by Councilman Ryan to approve
the staff recommendation. The motion carried unanimously.
CLOSURE OF SERVICE STATIONS
Mayor Pro Tem Brooks cited her concern for the announced closing of
several stations on the Peninsula including stations in Rancho
Palos Verdes. She stated that this limited the availability for
residents to conveniently obtain auto service and places an
economic hardship on the local operators. In addition, the City
may lose needed sales tax revenues as a result of these closings.
She requested that the City Council consider the ordinance that was
recently adopted by the City of San Francisco which required that
whenever a gas station is closed by a major oil company that the
owner of the property not be allowed to change the use of the
property to a different type of use without first applying for and
receiving a Conditional Use Authorization.
Council discussion then focused on getting the support of
organizations such as the Chamber of Commerce and perhaps the
Coordinating Council to convey the City's concern about this trend.
Councilman Kuykendall moved, seconded by Councilman Ryan and
carried to request that the City Attorney investigate this San
Francisco ordinance and prepare a report for the Council; also,
that the City Manager prepare a press release to the major
newspapers and service organizations in the City stating the City's
concern about this problem and request their support.
ARK GARDENS - CURRENT USE
14 APRIL 21, 1992
Mayor Pro Tem Brooks expressed her concern about the condition and
the current usage of the location known as the Ark Gardens. She
described what appeared to be a auto repair station in what used to
be a nursery location.
It was the consensus that staff would follow up on this matter to
determine if there has been a code violation.
LETTER TO CONGRESSMAN ROHRABACHER
Councilman Ryan moved, seconded by Councilwoman Brooks to send a
letter to Congressman Rohrabacher thanking him for his help on
behalf of the City and for the special attention given to the RDA
problems. Motion carried unanimously.
LONG RANGE FINANCE COMMITTEE (602)
Councilman Kuykendall moved, seconded by Mayor McTaggart that the
City go ahead with the creation of this Long Range Finance
Committee even though the Parcel Tax failed. The motion carried
unanimously.
It was the consensus that staff would start the recruitment process
for this committee.
ADJOURNMENT:
At 1:15 A . M . the City Council adjourned to 7:00 P . M . on Monday, May
41 1992 for a worksession to discuss the MSI retort.
'IrPTESTI
TY LERK
192MIN
15 APRIL 21, 1992