CC MINS 20040505 ADJMINUTES
RANCHO PALOS VERDES CITY COUNCIL
ADJOURNED REGULAR MEETING
MAY 5, 2004
The meeting was called to order at 7:00 P.M. by Mayor Gardiner at Fred Hesse
Community Park, 29301 Hawthorne Boulevard.
Roll call was answered as follows:
PRESENT: Clark, Long, Stern, Wolowicz and Mayor Gardiner
ABSENT: None
Also present were City Manager Les Evans; Assistant City Manager Petru; Assistant
City Attorney Carol Lynch; Director of Public Works Dean Allison; City
Clerk/Administrative Services Director Jo Purcell; and Recording Secretary Denise
Bothe.
FLAG SALUTE
Councilman Stern led the flag salute.
APPROVAL OF CONSENT CALENDAR:
Councilman Stern requested that Agenda Item Nos. 10 and 11 be pulled from the
Consent Calendar: 10) Residential Street Overlay and Slurry Seal Project; 11) Arterial
Rehabilitation Program: Crest Road from Hawthorne Boulevard to the City's eastern
limits.
Councilman Long requested that Agenda Item No. 16 be considered subsequent to
Agenda Item No. 21: 16) Cox Communications hearing regarding Notice of Non-
Compliance; 21) City of Palos Verdes Estates Weight Limit Ordinance.
Councilman Wolowicz requested that Agenda Item Nos. 6 and 9 be pulled from the
Consent Calendar: 6) Citywide Landscaping and Lighting Maintenance District; 9)
Border Issues Status Report.
Motion to Waive Full Reading.
Adopted a motion to waive reading in full of all ordinances presented at this meeting
with consent of the waiver of reading deemed to be given by all Council Members after
the reading of the title.
Approval of the Minutes. (301)
Approved the minutes of February 17, 2004 as amended.
City Council Minutes
May 5, 2004
Page 1 of 22
Claim against the City by Vlasta Yanko. (303)
Rejected the claim and directed staff to notify the claimant.
ORDINANCE NO. 405: AFFIRMING THE CITY'S HISTORICAL INTERPRETATION
OF THE 16 -FOOT HEIGHT REQUIREMENT. (1203 x 1801)
ADOPTED ORDINANCE NO. 405 AMENDING TITLE 17 OF THE CITY'S MUNICIPAL
CODE REGARDING THE 16 -FOOT HEIGHT LIMITATION FOR RESIDENTIALLY
ZONED PROPERTIES AND CLARIFYING THE FINDINGS REQUIRED FOR HEIGHT
VARIATION AND GRADING PERMIT APPLICATIONS. (This ordinance was
INTRODUCED at the April 20t' meeting.)
ORDINANCE NO. 407: MAKING REVISIONS TO CHAPTER 15.20 (MORATORIUM
ON LAND USE PERMITS). (1801)
REINTRODUCED ORDINANCE NO. 407, AS AMENDED, TO ADOPT REVISIONS TO
CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE. (This ordinance will be presented on May 18tH
for ADOPTION.)
Animal Control Service Contract Renewal. (104)
Authorized execution of a five -year renewal contract with Los Angeles County Animal
Control and Care Department for animal control services.
Resol. No. 2004 -33: Used Oil Recycling Block Grant for FY 2004 -05. (1301)
(1) Authorized the application of the FY 2004 -05 Used Oil Block Grant to continue the
Used Oil and Filter- Recycling Program for the City of Rancho Palos Verdes residents;
and, (2) ADOPTED RESOLUTION NO. 2004 -33, AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS TO EXECUTE ANY AGREEMENTS, CONTRACTS, AND
REQUESTS FOR PAYMENT AS NECESSARY TO IMPLEMENT THE PROGRAM.
Professional services agreement with TWR Consultants for City Council and
senior staff team building workshop. (1101)
(1) Awarded a Professional Services Agreement to TWR Consultants in an amount not
to exceed $12,000 to conduct a City Council /City Manager Leadership Development
and Team Building Workshop; (2) Authorized the Mayor and City Clerk to execute the
Agreement with TWR Consultants; and, (3) ADOPTED RESOLUTION NO. 2004 -34
APPROVING A $12,000 BUDGET APPROPRIATION TO COVER THE COST OF THE
CONSULTING AGREEMENT.
City Council Minutes
May 5, 2004
Page 2 of 22
March 2004 Treasurer's Report. (602)
Received and filed the March 2004 Treasurer's Report for the City of Rancho Palos
Verdes.
Resol. No. 2004 -35: Register of Demands.
ADOPTED RESOL. NO. 2004 -35, 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.
Councilman Wolowicz moved, seconded by Mayor Gardiner, to adopt the Consent
Calendar as amended. Motion carried as follows:
AYES:
Clark, Long, Stern, Wolowicz, Mayor Gardiner
NOES:
Long (Ord. No. 405 Height Code Amendment)
ABSTAIN:
None
ABSENT:
None
Because of additional input, Councilman Long moved, seconded by Mayor Gardiner, to
suspend the motion to approve the Consent Calendar. There being no objection, Mayor
Gardiner so ordered.
City Clerk Purcell noted that Council had been provided with a copy of a letter dated
May 5, 2004 letter from Matthew and Kim Nelson in regard to their petition for the
landslide moratorium exception permit which would be impacted by Council action on
Item No. 5 (Landslide Moratorium Exception).
Kim Nelson stated that she and her husband are new homeowners in the Portuguese
Bend area, having moved there from Palos Verdes Estates; and noted that they
purchased this home so that they could have more livable space and to be able to
shelter their horses on their own property. She advised that the house was built in the
1950's and that it had never been updated. Mrs. Nelson stated that they plan on adding
onto the home, remodeling it and creating a space for their horses. Mrs. Nelson
explained that she and her husband had talked to staff on several occasions before and
after the purchase of this home, and that they kept staff apprised of their desire to build
an addition up to 600 square feet to the house and to build a detached accessory
building of up to 600 square feet; and noted that they were advised by Director Rojas at
their November 7, 2003 meeting with staff that their proposal would be consistent with
the Landslide Moratorium Exception Permit (LMEP). She pointed out that staff had
been advised that the purchase of this property was contingent upon the ability to make
these improvements to the property; and that they were assured by Director Rojas that
the application was accurate and in line with the permit process. She stated that
because of their discussions with staff, they purchased the property in January 2004,
hired an architect and engineer, submitted to staff the appropriate plans; and advised
City Council Minutes
May 5, 2004
Page 3 of 22
that once the plans were submitted, they were once again assured by staff that
everything looked fine. She stated that only yesterday did staff advise her that Council
was to consider clarifying the LMEP code and that under the new code provision, they
would not be permitted to proceed with their project as planned. She respectfully
requested that their project be considered under the laws that were in place when they
submitted their application in February 2004.
Matthew Nelson explained that he and his wife have done everything possible to
understand and follow the guidelines of the code; and stated that they have spent a
significant amount of time meeting with staff to understand what they were permitted to
do. He explained that their plans are modest, adding onto an existing 2,300- square-
foot house on a 46,000- square -foot lot; and he requested that he be allowed to move
forward on the project within the code guidelines that were expressed by staff when
they submitted their application.
Mayor pro tem Clark asked if the Nelsons had submitted an application and whether
that application had been deemed complete.
Mrs. Nelson responded that they had submitted an application on February 10, 2004,
which was determined by staff to be complete; and that they were in the process of
getting that approval when Director Rojas advised them that Council would be
considering a clarification to the code.
Mayor pro tern Clark noted his experience on various bodies that when the City
experiences a development code change, the City usually differentiates between
property owners /applicants who have successfully submitted applications under those
existing codes at the time of their applications; and that if the code is changing, those
applications are typically considered to be grandfathered under the old code versus the
new code.
Director Rojas concurred with Mayor pro tem Clark's recall with past grandfathering
practices; explained that the Nelson's application had been deemed complete; and
expressed his belief that this was not so much a code change, but more of an
interpretation of the language that staff believed the City Attorney would need to clarify.
He stated that by clarifying the language, it would make the code more restrictive; and
that because the Nelson's were at the end of the process, he noted staff's
recommendation that the Nelson's be exempt from the new language /change. Director
Rojas explained that the change in interpretation deals with the LMEP categories for
allowing additions to existing homes in the moratorium area; stated that additions are
allowed based on a cumulative total when a house is rebuilt; but noted that what isn't
clearly reflected in the code is whether the 600 -foot rule needed a category for
additions, another category for garages, and another category for barns /out - buildings,
whether it was to read for all 3 areas or a total of 1,800 square feet.
Councilman Stern expressed his belief that the debate and discussion for the ordinance
was clear that it was a total, cumulative 600 square feet; that the residents in this area
City Council Minutes
May 5, 2004
Page 4 of 22
were told they can't build unless they meet the standards; and that the intent of the
ordinance was to give an acceptable level, some minor flexibility for existing homes. He
stated that it is unfortunate staff had given the wrong advice /information in this case;
and he noted that in other situations where an application was grandfathered, it was
where the City changed and adopted a new code provision after an applicant had
submitted an application.
Mayor pro tem Clark stated that he would support considering this matter if it should be
placed on a future agenda.
City Attorney Lynch stated that there is no exception process and that the only way
Council can help this applicant would be to change Section 7, Page 4, to say that this
ordinance shall apply only to LMEP's for development applications that have not been
deemed complete — noting that this project was previously deemed complete; and
clarified that the ordinance is 600 feet of detached or attached structures, plus 600
square feet of garage.
Mayor Gardiner questioned if this application was sufficiently far along in the process so
that the Council could reasonably consider grandfathering under the old rules.
Responding to Mayor Gardiner's inquiry, Director Rojas confirmed that the application
process was definitely far along in the completion process.
Mayor Gardiner noted his support for adopting the ordinance but to specifically
grandfather the Nelson's application.
City Attorney Lynch stated that that would be possible and stated that staff could return
at the next meeting with an ordinance for adoption; and suggested that if it is the
Council's desire to grandfather the Nelson application tonight, that Council should re-
introduce the ordinance and have the second .reading at the next meeting.
Councilman Stern asked if staff had specifically researched the records to make sure
that there are no other applicants in the same position.
Director Rojas confirmed that staff was sure the Nelsons were the only applicants in the
process with a complete application that would be affected by this code change.
Councilman Long stated that this is an awkward position the Council has been placed in
to amend this because of an error, but expressed his belief that this does not create a
precedent, that it only involves one situation; and stated that he would support this
amendment.
Mayor pro tem Clark moved, seconded by Councilman Wolowicz, that ORDINANCE
NO. 407 be re- introduced as amended, grandfathering the Nelson application, AN
ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING
AMENDMENTS TO CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS) OF
City Council Minutes
May 5, 2004
Page 5 of 22
THE RANCHO PALOS VERDES MUNICIPAL CODE; and that the ordinance come
back at the next meeting for a second reading. The motion carried as follows:
AYES:
Clark, Long, Wolowicz and Mayor Gardiner
NOES:
Stern
ABSTAIN:
None
ABSENT:
None
Because of additional input, Councilman Long moved, seconded by Mayor Gardiner, to
reconsider and suspend the previous action on Ordinance No. 407LMEP decision.
There being no objection, Mayor Gardiner so ordered.
Lois Larue, 3136 Barkentine Road, read a statement prepared by Kathy Snell. Said
statement expressed disagreement with the adoption of this proposed ordinance and
requested that the restrictions of this ordinance be restricted to homes that do not have
sewers. (Ms. Snell's statement is on file with the City Clerk's Office.)
Kathy Snell expressed her disappointment with Council's decision on this matter,
questioning what geology they had in making their decision that would help her
understand the basis for their decision. She advised that all geologists who have
looked at this area indicate that adding on does not cause the land to slide. She
reiterated her opposition to not being permitted to add onto her home that she
purchased in 1973 — pointing out that her house is on stable land. She stated that she
is only asking for a 3 -car garage for people in Zone 2, not on Clove Tree, which is next
to the active slide area, 600 additional square feet to the house, enclose the patio with
another 600 square feet or put up a barn. She pointed out that she does not believe
homeowners should be able to build in an active landslide area, including Seaview.
She stated that geologists who have looked at this area indicate that water is the cause
for the landslides and advised that the previous Council told the residents that they
would get their rights back to add on as long as a sewer system was installed — noting
that they now have a sewer system in place. She stated that this rule is unfair to those
homeowners whose land is not moving.
With regard to Item No. 3 (Claim against the City by Vlasta Yanko) City Clerk Purcell
noted that an email from Mrs. Yanko had been distributed to the Council with late
correspondence. Ms. Purcell reported that Mrs. Yanko was present at the meeting on
Tuesday night, but did not have an opportunity to speak to the matter and was unable to
attend this adjourned meeting.
Councilman Long moved, seconded by Mayor pro tem Clark, to remove Agenda Item
No. 5 from the Consent Calendar; to adopt Ordinance No. 407, the Moratorium on Land
Use Permits ordinance, with amendments to Section 7 as articulated by City Council;
and that the ordinance be returned to the next meeting for second reading.
Councilman Stern noted for Ms. Snell that a year and a half ago, Council conducted
extensive hearings on the lack of stability throughout the area; and stated that the
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May 5, 2004
Page 6 of 22
decision Council made in regard to that area was driven by the geology, with a desire
not to place people and buildings at risk.
Mayor Gardiner noted his support for the ordinance, but questioned how homeowners
who live in an area that has more of a slide threat can build larger additions than those
homeowners who live in the Portuguese Bend area.
City Attorney Lynch explained that when the former Council determined the Portuguese
Bend area to be within the landslide area, Dr. Ehlig had distinguished the Seaview area
from other areas within the landslide, saying it was a very distinct area; that the Seaview
area had slid once due to an accumulation of ground water; and that Dr. Ehlig found this
to be a one -time occurrence. As a result, she explained that two dewatering wells were
installed to extract that water so that this would not occur again and that a pipe was also
placed in Klondike Canyon to keep the water from going into that area. She stated that
the former Council based its decision on Dr. Ehlig's opinion that this was a very distinct,
one -time episode; that the factor of safety in that area was 1.5 and that it is the basis
upon which the Council treated that area differently from other areas within the landslide
moratorium.
Mayor Gardiner questioned if the City is legally in a position to support its decision in
regard to the landslide area.
In response to Mayor Gardiner's question, City Attorney Lynch stated yes, that she
agrees the decision was geologically based; and stated that until there is a different
geologic opinion placed in the record which the Council chooses to rely upon, there is
evidence to support the former Council's decision.
Mayor pro tem Clark stated if that portion of Seaview was put into the landslide
moratorium because it slid once and yet the geologist advising the City stated that the
Seaview area landslide moratorium area has a stability of 1.5, he questioned why it is in
the moratorium.
City Attorney Lynch explained that because of ground water build -up and the fact by
having it within that area, this allowed the Klondike Canyon Geologic Hazard Abatement
District to be formed under state law; and that it allowed the formation of that district to
undertake certain landslide measures, such as assessing property owners and the
ability to install certain improvements.
Mayor pro tem Clark questioned whether it would be advisable to revisit why a portion of
the Seaview area is not within the landslide moratorium.
Councilman Long, echoed by Mayor Gardiner, expressed his belief that the
conversation is going beyond the scope of the agenda item.
The motion to remove Agenda Item No. 5 (Ordinance No. 407) from the Consent
Calendar; to adopt Ordinance No. 407 with amendments to Section 7 as articulated by
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May 5, 2004
Page 7 of 22
the City Council; and that the ordinance be returned to the next meeting for second
reading carried on the following roll call vote:
AYES:
Clark, Long, Wolowicz and Mayor Gardiner
NOES:
Stern
ABSTAIN:
None
ABSENT:
None
Councilman Wolowicz moved, seconded by Mayor pro tern Clark, to adopt the amended
Consent Calendar. The motion carried as follows:
AYES:
Clark, Long, Stern, Wolowicz, Gardiner
NOES:
Long (Ordinance No. 405:16 Ft. Height Code Amendment)
ABSTAIN:
None
ABSENT:
None
Resol. Nos. 2004 -36.37 and 38: Citywide Landscaping and Lighting Maintenance
District. (901)
Director Allison noted that this item was scheduled for a public hearing at the Council's
June 15th meeting.
Councilman Wolowicz questioned whether the fee allocations in the formulas were
consistent with those in prior years.
Director Allison responded that the fund had remained stable for the last 7 years in each
area and stated that there were no challenges.
Councilman Wolowicz questioned if the reserves could be used in other applications
within the budget.
Director Allison explained that the approximate reserve account of $956,000 could only
be used for improvements to for maintenance of the existing street lighting system. He
stated that this reserve account is stable. With regard to the lower reserve account of
$44,000, he explained that the City uses this fund for cash flow purposes when bills are
paid, used to maintain medians, traffic signals, street trees — noting that this fund is not
stable. He stated that the 1911 account is more restrictive.
Councilman Wolowicz stated that based on the numbers that were in this proposal and
looking at the budget items, if the City continued with the same basic number, it
appeared that for this time next year, there may be a requirement for the use of $55,000
coming from the General Fund reserve in the 2005 -2006 budget, questioning if that will
occur.
Director Allison explained that from time to time, staff does have to take from the
General Fund to put into this funding plan.
City Council Minutes
May 5, 2004
Page 8 of 22
City Manager Evans noted that these assessment district funds and the demands for
funds from the General Fund are reflected in the 5 -year model.
Councilman Wolowicz moved, seconded by Councilman Long, to adopt staff
recommendation: (1) ADOPT RESOLUTION NO. 2004 -36, INITIATING
PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN
THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR
FISCAL YEAR 2004 -2005 AND ORDERING THE ENGINEER TO PREPARE A
REPORT IN CONNECTION THEREWITH; (2) ADOPT RESOLUTION NO. 2004 -37,
APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH THE LEVY AND
COLLECTION OF ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND
LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2004 -2005; AND, (3)
ADOPT RESOLUTION NO. 2004 -38, DECLARING THE CITY COUNCIL'S INTENTION
TO LEVY AND COLLECT ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING
AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2004 -2005 AND
SETTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO.
There being no objection, Mayor Gardiner so ordered.
Border Issues Status Report. (310)
Councilman Wolowicz stated that if this item was left on the Consent Calendar, how
could this enable Council to provide direction.
City Manager Evans stated that staff recommendation should be modified to include "if
deemed appropriate" at the end.
Councilman Stern moved, seconded by Councilman Wolowicz, to accept the report,
providing no direction. There being no objection, Mayor Gardiner so ordered.
Residential Street Overlay and Slurry Seal Project. (1404 x 1204)
Mayor pro tem Clark stated that the staff report did not mention why this program was
being started up once again.
City Manager Evans explained that in 2003 -04, staff did not budget any money for the
overlay projects; that staff also did not budget any money for the next fiscal year; but
that before the City adopted the 2003 -04 budget, there were funds budgeted for a
residential overlay program of approximately $900,000. He explained that because of
the threat to reduce the VLF's, this money was set aside, that the $900,000 expenditure
was adopted in the budget for 2002 -03, but deferred. Because the City now has a $12
million -plus General Fund reserve, he explained that staff believes it is a good time to
spend this money that was budgeted in the 2002 -03 budget — noting that it was never
taken out of the budget, that it was only deferred.
Mayor pro tem Clark pointed out that there is a negative consequence to deferring the
City Council Minutes
May 5, 2004
Page 9 of 22
slurry projects in the pavement management program; and stated that this program was
brought into existence to systematically and proactively go through the City to deal with
road wear, which reduces costs and minimizes the amount of repair that has to be done
to the roads on a continuous basis.
Councilman Wolowicz requested that staff provide a report to indicate the nexus among
the various funds and the related projects.
City Manager Evans stated that as a general rule, Proposition C funds could be used on
any road that has a fixed bus route service line on it. Based on the 2004 -05 budget, he
explained that this slurry activity is only for a one -time expenditure; and noted that the
City is not predicting enough money in next year's revenues to continue this program,
noting that staff is not proposing a revenue stream from the VLF fund.
Councilman Wolowicz moved, seconded by Councilman Stern, to concur with staff
recommendation: (1) Approve the construction plans. (2) Award a contract for the
construction of the Residential Street Overlay and Slurry Seal to Sequel Contractor Inc.
for the contract bid amount of $858,170, and authorized staff to spend up to an
additional $85,817 for possible extra work or unforeseen conditions, for a total
authorization of $943,987; (3) Authorize the Mayor and City Clerk to execute a contract
with Sequel Contractors, Inc.; (4) Award a contract to HY -COM & Associates for the
Contract Management and Inspection services in an amount not to exceed $70,000; (5)
Authorize the Mayor and City Clerk to execute a contract with HY -COM & Associates;
and, (6) ADOPT RESOLUTION NO. 2004 -39, AMENDING RESOLUTION NO. 2003 -422
THE BUDGET APPROPRIATION FOR FISCAL YEAR 2003 -2004, FOR A BUDGET
ADJUSTMENT TO THE CITY'S PROP C FUND.
The motion carried as follows:
AYES:
Clark, Long, Stern, Wolowicz, Gardiner
NOES:
None
ABSTAIN:
None
ABSENT:
None
Resol. No. 2004 -40: Arterial Rehabilitation Program: Crest Road from Hawthorne
Boulevard to the City's eastern limits. (1204 x 1404)
Director Allison having combined this report with the previous item, recommended the
following: (1) Approve the construction plans and authorized staff to proceed with the
overlay of Crest Road from Hawthorne Boulevard to the City's eastern limits; (2) Award
a $561,008.02 construction contract to Hardy and Harper, Inc. Contracting Company for
the overlay of Crest Road from Hawthorne Boulevard to the City's eastern limits and
authorize staff to spend an additional $56,100.80 for possible extra work, thereby
approving a $617,108.82 construction budget; (3) Authorize the Mayor and City Clerk to
execute a construction contract with Hardy and Harper, Inc. Contracting Company; (4)
Award a contract to Willdan for the construction management, inspection, and Federal
compliance services in an amount not to exceed $71,550; (5) Authorize the Mayor and
City Council Minutes
May 5, 2004
Page 10 of 22
City Clerk to execute a contract with Willdan; and, (6) ADOPT RESOLUTION NO.
2004 -40, AMENDING RESOLUTION NO. 2003 -42, THE BUDGET APPROPRIATION
FOR FISCAL YEAR 2003 -2004, FOR A BUDGET ADJUSTMENT TO THE CITY'S
PROP C FUND.
Councilman Wolowicz so moved, seconded by Councilman Stern, to concur with staff
recommendation. The motion carried as follows:
AYES:
Clark, Long, Stern,
NOES:
None
ABSTAIN:
None
ABSENT:
None
PUBLIC HEARINGS:
Wolowicz, Gardiner
Ordinance No. 408U: Extension of the City's Urgency Ordinance relating to the
conservation and management of coastal sage scrub habitat. (1203)
City Clerk Purcell noted that late correspondence regarding this matter had been
distributed to Council this evening.
Addressing the April 19, 2004 letter from the attorney representing York Long Point
Associates, Councilman Stern questioned if City Attorney Lynch perceived there to be a
problem with this ordinance.
In response, City Attorney Lynch stated that she disagrees with Mr. York's contention
that there is a taking of property; that all the City is trying to do is keep this moratorium
in place to basically allow vegetation removal in accordance with Fire Department
orders while staff works to reformulate the permanent ordinance, believing that a
proposed ordinance will be presented to Council in the next couple of months.
Councilman Wolowicz asked for staff input on York's claim of improper cutting by the
City.
Director Rojas stated he learned from the Public Works Department what was done was
annual weed maintenance in the picnic area near the parking lot; that there is no habitat
in that particular area; and noted he advised the York representative that was recently
the only work which was done in Abalone Cove.
City Attorney Lynch explained that staff proposed in the draft ordinance that areas
where there had been routine mowing and weed abatement activity, it goes beyond the
Fire Department orders and it would be excluded from that ordinance, but that staff is
attempting to devise an appropriate category to address this activity that meets all
competing concerns.
City Council Minutes
May 5, 2004
Page 11 of 22
Councilman Wolowicz questioned if the City had received the developer's EIR.
Director Rojas noted that the EIR for the Point View project is still being prepared and
that staff expects it to be complete sometime in June.
Kathy Snell, RPV, addressed her concern with the 6- to 8 -foot tall mustard grass that
has not been disked for 3 to 4 years; stated she was advised that staff had told the Fire
Marshall not to do any disking on Hon's property, not the York property; and noted her
concern with the safety of the residents, their homes and the lives of animals. She
stated that she is requesting the removal of the weeds, not the coastal sage scrub.
Barbara Sattler, representing the South Coast Chapter of California Native Plant
Society, strongly encouraged the Council to support staff recommendation; and stated
that she recognizes the importance of fire safety and expressed her belief that the
ordinance controls unnecessary clearing of vegetation.
Lowell Wedemeyer, 13 Clipper Road, stated that disking activity produces a whole
series of events which lasts for many years; that the year following disking, the area
affected will get the most rapidly growing weeds; and explained that if one established a
proper vegetation community and it was appropriately maintained, it does not need to
be abated on an annual basis. He noted his disagreement with the notion that annual
weed abatement is the safest or best way to reduce fire hazards. He asked that Council
support the moratorium and that the City adopt a more appropriate weed abatement
program.
Bob Nelson, 6612 Channel View Court, noted his opposition to the ordinance; stated
that the City should not be able to deny a property owner's right to clear their land; but
noted that he would support some conditions.
Councilman Wolowicz questioned if it is the responsibility of the Fire Marshall to
determine what areas need to be cut back or disked on any land that is not in the
purview of City staff.
Director Rojas noted that the Fire Department, not City staff, makes those decisions.
In response to Councilman Wolowicz' inquiry regarding the last time the Fire Marshall
was at this property, City Manager Evans stated that on January 15, 2004, the Fire
Department evaluated the York property and determined that Mr. York was only
required to maintain a buffer around the exterior of the property and to remove brush
clearance around several structures on the property; and that the Fire Department did
not require Mr. York to disk his entire property in the future.
City Attorney Lynch noted for Mayor Gardiner that the City had satisfied its legal
requirements.
City Council Minutes
May 5, 2004
Page 12 of 22
Mayor Gardiner questioned if staff had studied alternative approaches, more
environmentally friendly ways of maintaining the vegetation, such as described by Mr.
Wedemeyer.
Director Rojas stated he would be happy to sit down with Mr. Wedemeyer to get some
input on his ideas on how to deal with the vegetation.
Ms. Sattler stated there are more environmentally sound ways to clear the brush and
not disturb the soil.
City Attorney Lynch mentioned that staff is evaluating the idea of doing more mowing as
opposed to disking.
RECESS AND RECONVENE
Mayor Gardiner recessed the meeting at 8:58 P.M. and reconvened the meeting at 9:03
P.M.
Councilman Stern moved, seconded by Councilman Long, to adopt urgency ordinance.
NO. 408U EXTENDING URGENCY ORDINANCE NO. 391 U FOR ONE YEAR TO MAY
16, 2005.
Councilman Wolowicz noted that he was still concerned with the exposure to fire, the
potential to homeowners, and what the City could do to mitigate this exposure without
disturbing all the other issues of concern. He stated that he would like to see this matter
back on the agenda with staff recommendation once the York EIR is complete and
available.
City Attorney Lynch noted her concern with Councilman Wolowicz' request because
staff had planned on bringing back the new ordinance without dealing with the York EIR
— pointing out that the new ordinance applies to brush clearing activities citywide, on
numerous properties, and is not directly related to the York property; and stated that she
would recommend Council not defer action on a future ordinance until the York EIR is
done.
Councilman Wolowicz stated that he was not proposing to defer action on this
ordinance; but explained that he was still placing a lot of weight on that EIR because of
its uniqueness with this particular piece of property and the issues of concern regarding
fire mitigation.
City Attorney Lynch explained that the City could not require Mr. York to do anything
more than what would be required of any other property owner.
Councilman Wolowicz stated that he would like to understand the extent of Mr. York's
EIR that will help guide him as to what should or should not be done.
City Council Minutes
May 5, 2004
Page 13 of 22
Councilman Stern stated that he did not want this discussion linked to the York property
because this ordinance applies to the entire City, not specifically an ordinance for Mr.
York's property.
Mayor pro tem Clark recommended that San Diego Councilman Jim Madaffer, who is
the lead Council spokesman on major fires, be invited to speak at the next Leadership
Breakfast, asking that Councilman Madaffer provide some insight on what he learned
from that County's fires.
The motion to adopt the urgency ordinance carried as follows:
AYES:
Clark, Long, Stern, Wolowicz and Mayor Gardiner
NOES:
None
ABSTAIN:
None
ABSENT:
None
There was a request to reopen Public Comments. There being no objection, Mayor
Gardiner so ordered.
PUBLIC COMMENTS:
Kathy Snell stated that she could see on Palos Verdes Drive South where the earth is
moving; commented on the slide area in the Seaview area, noting her belief that those
residents were allowed to build because of their existing sewer system; and urged the
City to be proactive in getting rid of the escalating coyote population on the peninsula.
CITY COUNCIL ORAL REPORTS:
Councilman Stern stated that he, Mayor pro tem Clark and City Manager Evans met
with representatives of Ocean Trails who provided a presentation of the preliminary
diagrams for a very significant/dramatic change on Tract 666, which is on the west side
of Ocean Trails. He stated that at the present time, the plan has residential single -
family lots with a driving range proposal; and that they are tentatively proposing to
change the homes to allow approximately 23 units to be located in the area directly
across the street from Seaview. He advised that a full presentation of the new plans
would be made before City Council.
Mayor pro tem Clark added that a suggestion was made that the Trump representatives
make the same presentation before the Council of Homeowners Association in the
future; and noted that the new plans will likely require a zone change, General Plan
amendment, a new CDP, an extensive EI R, going through the approval process, which
includes the Coastal Commission. He noted his optimistic expectation that the approval
process could take a couple years to complete.
Mayor pro tern Clark noted that he attended the following events:
City Council Minutes
May 5, 2004
Page 14 of 22
April 21St, guest Council speaker at the RPV Council of Homeowners Association,
provided an update on a variety of issues of concern to the group;
April 22nd, stated that he was the first elected guest speaker at the monthly P.V.
Chamber Mixer;
April 30th, attended, along with Councilman Wolowicz, the Annual South Bay Women of
the Year Switzer Center Awards Luncheon, noting that this is an outstanding event that
is worth attending. He encouraged nominations of women from RPV.
Councilman Wolowicz noted that he attended the following events:
April 21St, attended the Palos Verdes Transit Board meeting and received its annual
financial statement; and stated that budget restraints may result in increased fees;
April 27th represented this City at the ribbon cutting ceremony for the Chambers of
Commerce for Ladies Express in Golden Cove Plaza;
April 29th, attended the Medal of Valor Luncheon, which recognizes deserving police
and fire personnel from the entire South Bay area;
April 29th, attended the Ladera Linda Homeowner's Association meeting and discussed
topics of concern to their residents; and he encouraged residents to participate in their
homeowner's association events;
April 30th, attended the Annual South Bay Women of the Year Switzer Center Awards
Luncheon.
Councilman Long noted that he attended the following events:
May 4th, participated in a regional jury for the American Planning Association, noting
that the Los Angeles Air Force Base was one of the nominated projects;
April 17th, attended the Sheriff's Volunteers Luncheon;
May 1St, attended the Peninsula Education Foundation's main event.
Mayor Gardiner questioned if staff had received the videotape of the meeting that was
conducted regarding the proposed golf course over the landfill.
City Manager Evans responded that a few months ago, staff had made that request in
writing at the direction of the attorney representing the developer of the golf course; and
he advised that the City has not received any response to that letter. He stated that he
has followed up on this issue and that it appears a videotape of that meeting will not be
made available.
City Council Minutes
May 5, 2004
Page 15 of 22
REGULAR NEW BUSINESS:
Recruitment for View Restoration Mediators. (1806)
City Manager Evans presented staff report and the recommendation to approve a trial
program for the View Restoration Pre - application process utilizing trained mediators
rather than volunteers.
Councilman Stern asked why the statistics have fluctuated with the success versus
failure rate; and stated that he would like to see a quantifiable result on the activities if
Council is to appoint people to this body.
City Manger Evans stated that staff could provide some statistics on the mediating
activities.
Mayor Gardiner noted his support for seeking those experienced individuals who
volunteer for this body.
Councilman Wolowicz suggested that consideration be given to hiring a skilled mediator
who can train others in the mediation process.
City Manager Evans mentioned that the South Bay COG has offered this type of training
in the past.
Councilman Long commented on his experience with the View Restoration Commission
and the rotation process with the alternates; expressed his belief that the decline in
success rates is due to the abolition of the View Restoration Commission because no
longer can a mediator speak with the authority that someone would have with Planning
Commission experience; stated that he understands the enthusiasm for trying
something that will bring fewer cases forward, but noted he is not sure that hiring
professional mediators is the right solution. He questioned if this is a systemic problem
and whether the City should consider re- establishing the View Commission or instituting
a mediation program that involves the members of the Planning Commission who now
decide the view issues; but pointed out that the Planning Commission currently has a
full load to handle. He noted the helpfulness of the alternates, which made it easier to
spread around the workload.
Mayor Gardiner expressed his belief that staff recommendation is a good place to start,
the simplest solution to start with; and that he would support a trial program and see
where it goes from there.
Councilman Wolowicz suggested that formerly experienced and skilled members from
various bodies be sought to participate.
Mayor pro tem Clark moved, seconded by Councilman Stern, to approve staff
recommendation.
City Council Minutes
May 5, 2004
Page 16 of 22
Motion carried as follows:
AYES:
Clark, Stern, Wolowicz, and Gardiner
NOES:
None
ABSTAIN:
Long
ABSENT:
None
Councilman Tom Long's visit with legislators in Washington, D.C. (I 101)
Councilman Long advised that he and his would be taking a trip to Washington, D.C.,
next week for a few days, and noted his interest in meeting with various electeds to talk
about matters of concern to RPV. He advised that he was able to get a meeting with
staff from the offices of Dianne Feinstein, Barbara Boxer, and Dana Rohrabacher; and
asked the Council for suggestions on what to discuss with these individuals.
Councilman Wolowicz asked that he urge great support for the L.A. Air Force Base and
to comment on what the City has done in this regard and how the issue impacts the
City's residents; and he suggested that he discuss HUD's control over the Navy housing
and the manner in which the additional 78 homeless housing units were arbitrarily
decided without much discussion or input from the local residents. He suggested that
tax reform might be a topic to address.
Councilman Long requested that Councilman Wolowicz provide him with an outline of
points to discuss concerning the Air Force base.
Councilman Wolowicz stated that he would prepare some background information for
Councilman Long's visit to Washington, D.C., regarding the Air Force base.
City of Palos Verdes Estates Weight Limit Ordinance. (1101)
City Manager Evans presented staff report and the recommendation to get the history
on the PVE development that dictated the use of RPV streets for trucks and to write
letter to PVE stating this is not an appropriate condition and that RPV would not like to
see on future proposals.
Mayor pro tem Clark noted his discomfort to see a sister peninsula city take what he
views as an offensive action to not allow pass- through trucks using their streets to come
into RPV for various future projects that would be enjoyed by all peninsula residents;
and he stated he finds this action to be troubling given that it was done without first
consulting RPV. He pointed out that he routinely sees residents from Palos Verdes
Estates enjoying RPV facilities.
Councilman Stern questioned if there have there been any complaints from the
residents of Palos Verdes Estates that has resulted in this action. He expressed his
belief that most trucks do not need to utilize the streets in Palos Verdes Estates to get to
RPV, believing that the trucks either come from San Pedro or come from Torrance on
City Council Minutes
May 5, 2004
Page 17 of 22
Hawthorne Boulevard; and that he does not see this action as a problem. He noted that
Palos Verdes Estates (PVE) is largely residential and that it is not unreasonable for that
city to protect its neighborhoods.
Councilman Long stated that he sees both sides of this issue, but expressed his belief
this ordinance is reflective of a poor peninsula wide community spirit, noting that trucks
have traveled through RPV to get to projects in PVE. He noted his inclination to file this
matter away, keeping a wait - and -see attitude should some problem arise in the future.
Councilman Wolowicz questioned if this ordinance could cause a problem for RPV
residents, whether it be moving vans, trash trucks, or for business projects, such as
Long Point or Ocean Trails.
City Manager Evans expressed his belief that this ordinance probably would not cause
a problem, noting that most truck traffic entering the City comes in from San Pedro or
from Torrance on Hawthorne Boulevard.
Councilman Stern noted his concurrence that the ordinance is not a neighborly attitude
to take; and stated that PVE should not be shifting their trucks into RPV.
Mayor Gardiner requested that staff be alert to any complaints that arise from RPV's
residents where this ordinance has caused a problem, and that further discussion ensue
if a complaint arises in the future.
Councilman Long noted his support for staff to research the history on the PVE
development that dictated the use of RPV for trucks.
Councilman Stern noted his concurrence with staff recommendation.
With regard to a past Palos Verdes Estates project that required the trucks to utilize
RPV's roads, City Attorney Lynch explained that there was a mitigation measure to
repair any damage to RPV's streets as a result of those project activities in Palos
Verdes Estates.
Councilman Stern moved, seconded by Councilman Long, to support staff
recommendation. There being no objection, Mayor Gardiner so ordered.
COUNCIL DISCUSSION OF FUTURE AGENDA ITEMS & SUGGESTION OF FUTURE
AGENDA ITEMS:
• Consideration of Noise ordinance: indicate advantages, disadvantages; give
examples of other cities that have ordinances; give alternatives and whether RPV
should adopt one.
• Invite Chamber of Commerce to make presentation at meeting.
City Council Minutes
May 5, 2004
Page 18 of 22
Mayor pro tem Clark requested that a future agenda include discussion of Seaview's
status in the moratorium area.
City Manager Evans noted for Mayor pro tem Clark that staff has already placed that
issue on the City Council's website as unfinished business, Item No. 2.
Mayor pro tem Clark requested a future invitation for the P.V. Chamber Leadership to
provide before City Council an overview regarding ideas in which the Chamber could
collaborate with RPV on improving the business environment in the City and on the
peninsula.
Citing the lengthy City Council agendas, Mayor Gardiner noted his opposition to any
lengthy presentations by the Chamber at City Council meetings; and suggested that
RPV City Talk be utilized for that particular discussion — pointing out that he is not
opposed to any brief presentations at City Council meetings.
CLOSED SESSION REPORT:
With respect to the City Manager's performance evaluation, City Attorney Lynch stated
that this matter was concluded and that Council gave her direction to bring back a
contract agreement to be placed on the agenda for consideration and adoption.
With respect to the issue concerning the franchise agreement, City Attorney Lynch
stated that further direction was given to the City's negotiators.
City Attorney Lynch stated that no action was taken with respect to the possible
litigation from York Long Point.
Cox Communications hearing regarding Notice of Non - Compliance. (605 x 1101)
Councilman Long explained that he would recuse himself from consideration of this
matter because his firm does work for Cox Communications, albeit out of another
location than where he works, and that the work is unrelated to RPV, however, he
chose to avoid any appearance of impropriety. Councilman Long then left the Council
Chambers.
Assistant City Manager Petru presented staff report and the recommendation to receive
testimony on the Notice of Non - Compliance to Cox Communications.
Mayor Gardiner questioned if Cox had responded to the City's April 8, 2004 letter.
Assistant City Manager Petru stated that to her knowledge, Cox has not responded to
that letter nor provided the customer response statistics for the second half of 2002.
She stated that Cox did fulfill its obligation of the franchise in 2001 by creating a
segment of must -carry stations on one of its commercial programs on Channel 12; and
City Council Minutes
May 5, 2004
Page 19 of 22
noted that because 3 years have elapsed since that segment, there would be another
opportunity for them to do a similar show as part of their broadcasting on Channel 12.
She noted that another option might be for Cox to provide an insert in their billing
statements to customers or perhaps including something on their website; and indicated
that she can offer a few suggestions if Cox is interested. With regard to Item No. 3, she
noted that Cox has complied with the requirement of posting information on the Channel
3 reader board regarding the procedure for filing a complaint, but questioned whether
that is the best way to relay that information.
Assistant City Manager Petru stated the only thing Cox has done since its franchise
agreement was renewed in 2001 was to include a small segment in one of their
commercial programs about must -carry stations; advised that Cox has not done
anything since that she is aware of and that the one thing Cox has done within the last
month is to place a small blurb on the City's reader board on Channel 3 at the head of
the scroll, giving a brief description of a must -carry station and a reference to the FCC
website. She noted that it does not list the must -carry stations. She noted that Cox has
complied with No. 5.
Art Yoon, representing Cox Communications, stated that it is the opinion of Cox
Communications that it is in compliance with the agreement; and noted that there is
room to improve in some areas and that Cox is working closely with staff to improve in
the areas cited by the letter issued to Cox by the City Manager. He noted that he is now
in possession of the information requested by the City, and he distributed those
materials to the Council at this time. He stated that Cox has exceeded Federal
Communications standards and stated that Cox is in compliance with Exhibit B, Item
Nos. 1 and 2; and noted that Cox,is available to its customers 24 hours a day, 7 days a
week.
With regard to Exhibit B, Item No. 3, Mr. Yoon stated that in Cox's view, the agreement
does not indicate there must be on -going public education; and that Cox had minimally
satisfied this requirement in 2001; but noted that Cox is willing to do more if the City so
desires.
With regard to Exhibit B, Item No. 4, Mr. Yoon stated that Cox has been providing this
paid service voluntarily to the City, without charge to the City, and that this information
has also been sent to the customers in the annual reports.
With regard to Exhibit B, Item No. 5, Mr. Yoon stated that because of the large amount
of paperwork, Cox had submitted only the top page of the materials and had indicated
the corresponding codes for clarification. He added that Cox responds fairly quickly to
all calls and satisfies the needs of its customers.
Highlighting the numerous information /materials provided by Mr. Yoon at this meeting,
Councilman Wolowicz asked that a report be provided to Council which categorically
explains and clarifies the technical data provided and to report any improvements or
trends moving in a positive /negative manner.
City Council Minutes
May 5, 2004
Page 20 of 22
Mr. Yoon offered to clarify for staff and Council any data reflected in the materials; and
reiterated that customer care is very important to Cox.
Because of the submittals from Mr. Yoon at the meeting, Mayor Gardiner stated that
additional time would be needed to evaluate whether Cox has complied with the
requirements.
Councilman Stern questioned why it took Cox this long to generate the requested
information.
Mr. Yoon stated that he was hired by Cox in 2003 and advised that at the end of 2003,
there had been a large number of staff cuts; pointed out that Cox responds to numerous
requests from the City on a daily basis; that Cox is expedient with its responses; and
that this untimely response is not something that typifies the work done by Cox.
Mayor Gardiner questioned why Cox had not responded to the City's April 8t" letter.
Addressing Mayor Gardiner's inquiry, Mr. Yoon stated that Cox did not agree with the
City's assertions of noncompliance and that Cox believed this forum would be the
appropriate place to respond to the City's letter. He added that Cox did respond to the
first letter, but after the second letter from the City had not changed in its presumption of
noncompliance, it was Cox's desire to address the issue in a hearing.
Councilman Stern questioned Cox's intent to meet the minimum requirement of posting
the required information only once.
Responding to Councilman Stern's question, Mr. Yoon noted that Cox has met its
minimum requirement; that Cox has not charged the City for the reader board activities
as a gesture of charity, but that Cox may have to review the practice of this charitable
contribution if the City has a problem with this effort.
Councilman Wolowicz noted his concern with the need to be provided with "catch -up"
data and Cox's reporting obligations going forward, questioning what plans are in place
to relieve reporting problems.
Mr. Yoon stated that it was Cox's goal to find out exactly what RPV is seeking and how
the City wants Cox to respond, whether it be on a monthly, quarterly or yearly basis.
Mayor Gardiner stated that he is pleased Cox is willing to cooperate.
Mr. Yoon suggested that Cox meet with the Cable Subcommittee to provide further
information and clarification.
There being no further input, Mayor Gardiner closed the public hearing.
City Council Minutes
May 5, 2004
Page 21 of 22
City Attorney Lynch suggested that the public hearing remain open if staff is to provide a
report concerning the data submitted by Mr. Yoon this evening.
There being no objection, Mayor Gardiner re- opened the public hearing in regard to this
matter.
Mayor pro tern Clark moved, seconded by Councilman Stern, to continue this matter to
the July 6, 2004 City Council meeting. There being no objection, Mayor Gardiner so
ordered.
ADJOURNMENT:
The meeting was adjourned at 10:55 P.M. on motion of Cou
Attest:
WA2004 City Council Minutes \05052004 CC MINS.doc
an Stern.
City Council Minutes
May 5, 2004
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