CC MINS 20000905MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
SEPTEMBER 5, 2000
The meeting was called to order at 6:00 P.M. by Mayor Byrd at Fred Hesse Community
Park, 29301 Hawthorne Boulevard and was immediately recessed into a closed session
per the Brown Act Checklist. At 7:03 P.M. the meeting reconvened. After the Pledge of
Allegiance, roll call was answered as follows:
PRESENT: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
ABSENT: None
Also present were City Manager Les Evans, Assistant City Manager Carolynn Petru;
City Attorney Carol Lynch; Director of Planning, Building, and Code Enforcement Rojas;
Director of Public Works Dean Allison; Director of Finance Dennis McLean; Senior
Planner Greg Pfost; City Clerk /Administrative Services Director Jo Purcell; and,
Recording Secretary Jackie Drasco.
CEREMONIAL MATTERS:
Mayor Byrd presented a proclamation to Rose Ackert representing the Peninsula
Education Foundation proclaiming October "Support Your School" month.
APPROVAL OF AGENDA:
Because of the large number of speakers for the Army Corps of Engineers
Environmental Restoration Project on the Redevelopment Agency agenda, Council
consensus was to hear the RDA items immediately after the most critical City Council
items and continue any other items which might extend the meeting too late.
Councilwoman Ferraro moved, seconded by Councilman Stern, to approve the agenda
as amended. Motion carried.
APPROVAL OF CONSENT CALENDAR:
Councilman McTaggart moved, seconded by Councilwoman Ferraro, to approve the
Consent Calendar as follows:
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 councilmembers after
the reading of the title.
Minutes (301)
Approved the minutes of August 15, 2000.
Professional Services Agreement with Aon Consulting for Financial Analysis of
CaIPERS Actuarial (1101 x 1202)
(1) Approved an agreement with Aon Consulting for financial analysis of the CaIPERS
actuarial for the 2% @ 55 and one -year final compensation employee retirement
formula. (2) Authorized the Mayor and the City Clerk to execute the agreement.
Resol. No. 2000 -54 - FY 2000 -20001 Overlay and Slurry Seal Program (1204 x 602)
(1) Awarded a contract for the construction of the Fiscal Year 2000 -2001 residential
street overlay and slurry seal to Silvia Construction, Inc. for the contract bid amount of
$1,543,780.00, and authorize staff to spend up to an additional $77,220.00 for possible
extra work, for a total authorization of $1,621,000. (2) Authorized the Mayor and the
City Clerk to execute a contract with Silvia Construction, Inc. (3) Awarded a contract to
Willdan Associates, Inc., for the Contract Management, and inspection services in an
amount not to exceed $57,000. (4) ADOPTED RESOLUTION NO. 2000 -54, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
AMENDING RESOLUTION NO. 2000 -33, THE BUDGET APPROPRIATION FOR
FISCAL YEAR 2000 -2001, FOR A BUDGET ADJUSTMENT TO THE CITY'S CAPITAL
PROJECTS FUND. (5) Authorized the Mayor and the City Clerk to execute a contract
with Willdan Associates, Inc.
Appointment of Miraleste Recreation and Park District Board Member (301 x
1200)
Appointed Keith Harter as a Board Member to the Miraleste Recreation and Park
District with a term of office until December 2003.
July 2000 Treasurer's Report (602)
Received and filed.
Resol. No. 2000 -55 - FY 1990 -2000 Budget Adjustments (602 x 1204)
ADOPTED RESOLUTION NO. 2000 -551 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS, AMENDING RESOLUTION NO. 99 -41, THE
City Council Minutes
September 5, 2000
Page 2
BUDGET APPROPRIATION FOR FY 1990 -20001 TO INCREASE BUDGETED
APPROPRIATIONS IN THE CAPITAL IMPROVEMENT PROJECTS (CIP) FUND AND
MEASURE "A" FUND.
Resol. No. 2000 -56 - Register of Demands (602)
ADOPTED RESOL. NO. 2000 -561 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS
AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.
The motion to approve the consent calendar carried on the following roll call vote:
AYES: Ferraro, McTaggart, Lyon, Stern, and Mayor Byrd
NOES: None
# # # # # # # # # # #
REGULAR BUSINESS:
Pilot Program of Speed Humps on Basswood Avenue (1204 x 1503)
Director Allison presented the staff report of September 5, 2000 and the
recommendation to (1) Determine that the six -month pilot program of speed humps on
Basswood Avenue had been successful. (2) Confirm that speed humps should
continue to be part of the City's Traffic Calming Program.
Mike Peterson, M.D., 5319 Ironwood Street, said he was an emergency room physician
and UCLA Professor of Medicine, and was concerned about the speed humps slowing
down emergency medical response. He showed an American Heart Association chart
indicating that every second counts when resuscitating a person. He questioned if the
fire department had actually timed their response time before indicating that there had
been no impact by the speed humps on Basswood. (A copy of the chart Dr. Peterson
submitted is on file with the City Clerk's Office.)
Hans Aichinger, 5423 Littlebow Road, expressed concerns about the speed humps
slowing emergency medical response and their effect on aesthetics and property values
in the neighborhood. He disagreed with the use of booklets from of other communities
in determining this method of speed control and thought there might be another less
expensive, more effective way of handling the speed problem. He said that he had
spoken with Batallion 14, Station 106 and felt there was contradictory information
regarding the impact of the speed humps on emergency response time.
City Council Minutes
September 5, 2000
Page 3
Robert Gibson, 26727 Basswood Avenue, felt that higher speed humps would have
reduced speed even further but he was please that there had been some improvement.
Jim Cummings, 26841 Basswood Avenue, said that at a block party held in July by his
homeowners association indicated the consensus that the speed humps had been
successful. He felt that diversion to other streets had not been significant and he
described a situation in which a perspective buyer was convinced to proceed with his
purchase of a home in the neighborhood because the speed humps were on
Basswood.
Dan Colburn, 26804 Basswood Avenue, stated that the speed humps had resulted in a
reduction in speed and that he had observed the fire department in the neighborhood
that day and felt that they were not required to slow down.
Sharon Waller, 26415 Basswood Avenue, was pleased the speed humps had been
installed on Basswood and urged to Council to consider an installation on upper
Basswood, particularly to insure safety of children at Silver Spur Elementary where
there had been near misses of students.
Bruno Koch, 26639 Basswood Avenue, said that he represented 60 families from upper
Basswood and he felt the speed humps were a good idea. He reported that the fire
department could traverse the section of Basswood with speed humps in 30 seconds at
25 mph and if they slowed to 15 mph, it would take 40 seconds.
Mayor Pro Tern Lyon moved, seconded by Councilman Stern, to (1) Determine that the
six -month pilot program of speed humps on Basswood Avenue had been successful.
(2) Confirm that speed humps should continue to be part of the City's Traffic Calming
Program.
Council discussion clarified that speed humps were not effective on hills and that not all
neighborhood applications would be approved for installation but that homeowners
associations should work with the City if there was a need for traffic speed control in
their area. It was suggested that radar surveillance would increase the effectiveness of
the speed humps.
Memorandum of Understanding — St. John Fisher Church (1203)
City Manager Evans presented the staff report of September 5, 2000 and the
recommendation to approve a Memorandum of Understanding with St. John Fisher for
processing applications for a bell tower /commercial antenna on the church property.
Council discussion centered on the duration of the lease, which had not yet been
determined because of the need for input from the church.
City Council Minutes
September 5, 2000
Page 4
Lois Larue, 3136 Barkentine Road, objected to the use of a church bell tower for
antennas, stating that it was blasphemous and a violation of the separation of church
and state.
Herb Clarkson, 6424 Seabryn Drive, said that this would be a poor site unless it was an
extremely high tower based on his radio experience on the Peninsula, and he asked for
copies of the tests which had been performed. He felt that relocating the commercial
radio site to another location would simply relocate the resident complaints and he said
that a bell tower considered at St. John Fisher ten years ago was not favored by the
neighborhood.
Dodie Clarkson, 6424 Seabryn Drive, referred to the project proposed ten years ago
which was rejected primarily because of the noise of the bells. She felt it was
unnecessary to spend funds for a survey when there were knowledgeable City
residents who could provide information.
Council consensus was to continue to a later meeting after comments on the MOU are
received from St. John Fisher Church.
Resol. No. 2000 -57 - Fiscal Year 1999 -2000 Recycling Revenue Grant Awards
(1204 x 1301)
Director Allison presented the staff report of September 5, 2000 and the
recommendation to (1) Award 38 recycling grant totaling $85,589.85, for Recycling
Grant Cycle 11, as shown on Exhibit "A ". (2) Defer the request for a beautification grant
from the Miraleste Homeowners Association to the September 19, 2000 City Council
meeting. (3) Adopt the proposed resolution amending Resolution No. 99 -41, the
budget appropriation for fiscal year 1999 -2000 to increase budgeted appropriations in
the recycling fund in the amount of $10,600. (4) Revise the program guidelines for the
Recycling Revenue Grant Awards by reducing the grant amount from its current limit of
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$2,500 to $2,000.
Council discussion focused on the $85,000 fixed amount of recycling fund the City
receives from the haulers and if it provided an incentive for the haulers to encourage
recycling; the postponement of discussion of the grant for the Miraleste Homeowners
Association until the September 18 Council Meeting; and, whether the grant amount
should remain the same or be reduced.
Additional discussed centered on funding for median beautification which would have to
come from another source and could be discussed at the next budget sessions; if the
amount of each individual grant should be reduced from $2500 to $2,000, the fact that
the applicants for these grants are required to obtain three bids for their projects and
City Council Minutes
September 5, 2000
Page 5
that the projects have to meet certain criteria to be eligible.
Councilman Stern moved, seconded by Councilman McTaggart to (1) Award 38
recycling grant totaling $85,589.85, for Recycling Grant Cycle 11, as shown on Exhibit
"A ". (2) Defer the request for a beautification grant from the Miraleste Homeowners
Association to the September 19, 2000 City Council meeting. (3) ADOPT
RESOLUTION NO. 2000 -571 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, AMENDING RESOLUTION 99 -41, THE BUDGET
APPROPRIATION FOR FISCAL YEAR 1999 -2000 TO INCREASE BUDGETED
APPROPRIATIONS IN THE RECYCLING FUND IN THE AMOUNT OF $10,600. (4)
Maintain the Recycling Revenue Grant amount at $2,500.
The motion carried on the following roll call vote:
AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
NOES: None
ABSTAIN: Mayor Byrd on the grant for his Homeowner's Association (Ladera
Linda)
San Ramon Drainage (1204 x 1405)
Director Allison presented the staff report of September 5, 2000 and the
recommendation to (1) Award a Professional Services Agreement with AGRA Earth &
Environmental, Inc. in the amount of $35,160 for Professional Geology and
Geotechnical Services and authorize the Mayor and City Clerk to execute the
Agreement. (2) Award a Professional Services Agreement with DMc Engineering, Inc.
in the amount of $51,950 for Professional Engineering Services and authorize the
Mayor and City Clerk to execute the Agreement. (3) Authorize staff to move forward
with the emergency interim Phase II drainage and land stabilization improvements
associated with the San Ramon drainage project and to develop the necessary
methods to construct these improvements before the end of the year.
Councilman McTaggart moved, seconded by Mayor Pro Tern Lyon, to adopt the staff
recommendation.
The motion carried on the following roll call vote:
AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
NOES: None
AUDIENCE COMMENTS:
Stephen Carpenter, 6230 Scotmist Drive, spoke in opposition to the use of City land for
City Council Minutes
September 5, 2000
Page 6
a golf course. He said that developments in the City had impacted residents who
enjoyed open space and he was in favor of undeveloped parks and retaining historical
features such as the military bunkers on City property. He was concerned about a
conflict between hiking trails and flying golf balls.
Rowland Driskell, 30 Via Capri, spoke in favor of maintaining open space for future
citizens and that the public land, whch:does not, actually belong to the City Council,
should not be given or traded away. He was concerned about additional traffic resulting
from the proposed Long Point project, displacement of wild animals by this and recent
developments, and other slides such s the one at Ocean Trails.
Mary Casaburi, 3941 Palos Verdes Drive South, felt that there had not been proper
notification to residents regarding Ocean Trails items, including the S.A.V.E. RPV item
in the past and items at this meeting. She urged the Council to approve continuation of
the Ocean Trails Revision "O" item to give the neighbors time to study the issue.
Jabe Kahnke, 4003 Palos Verdes Drive South, felt that there had not been proper
notification to residents regarding Ocean Trails items, including the S.A.V.E. RPV item
in the past and items at this meeting. She urged the Council to approve continuation of
the Ocean Trails Revision "O" item to give the neighbors time to study the issue.
Herb Clarkson, 6424 Seabryn Drive, spoke in support of dissemination of complete staff
reports to the public, indicating that the library copy was no longer being provided by
the City and that that the web site included staff reports but not attachments. He urged
the Council to resume placing a complete agenda packet at the libraries again. He
disagreed with the report that there had been only one inquiry for the packet in the last
two years, which was the reason given for the discontinuance.
Jim Hathaway 28955 Crestridge Road, spoke as a member of Save our Coastline II,
informing the Council that there would soon be a new County golf course at Palos
Verdes Drive North and Crenshaw which would impact the number of golfers interested
in playing at a golf course proposed on City land and indirectly affect the City if public
land were used.
RECESS & RECONVENE:
At 8:20 P.M., Mayor Byrd adjourned to the Redevelopment Agency. The City Council
meeting reconvened at 12:04 A.M. (Councilwoman Ferraro was absent, having been
excused at 12:02 A.M. during the Redevelopment Agency meeting.)
PUBLIC HEARINGS:
Resol. Nos. 2000- 58 and 59 - Revision "N" to the Ocean Trails Project to Amend
City Council Minutes
September 5, 2000
Page 7
Conditional Use Permit No. 163 to Allow Drainage into Forrestal Canyon (1411 x
1203)
Mayor Byrd opened the public hearing on this request to consider Revision "N" to the
Ocean Trails Project to Amend Conditional Use Permit No. 163 to Allow Drainage into
Forrestal Canyon. City Clerk Purcell announced that notice had been duly published
and that all comment letters were included in the agenda packet.
Senior Planner Pfost presented the staff report of September 5, 2000 and the
recommendation to (1) Adopt the proposed resolution approving a Mitigated Negative
Declaration. (2) Adopt the proposed resolution approving Conditional Use Permit No.
163 — Revision "N ", permitting a change to the design of the western portion of the
Ocean Trails project drainage facilities from a tunneled pipe system to the existing on-
site Forrestal Canyon. He noted changes to the staff report regarding construction
hours on Saturday which would now be 7:00 to 5:00 P.M. and the structures being
constructed from concrete with color mixed in, rather than painted concrete.
Stan Helenschmidt of Cotton Shires Associates, a firm conducting the geotechnical
review of the project for the City, said that there was bedrock in this section of the
property, unlike the slide areas which contained fractured rock which allowed infiltration
of water. He added that, as part of the monitoring and maintenance plan, the
development consultant would be required to inspect the area after heavy rainfall and
make repairs as needed. He said that, as an added precaution, there were energy
dissipaters in the canyon to slow the flow of water.
Council discussion focused on water traveling through the canyon rather than through a
tunneled structure to divert water to the beach as was currently approved through the
original EIR and there was some apprehension about canyon erosion and land stability.
Ken Zuckerman, representing Ocean Trails, One Ocean Trails Drive, said that the plan
removes an unattractive structure; that it was environmentally sound; and, that it would
provide an opportunity for greater habitat enhancement in the upper reaches of
Forrestal Canyon and at Ocean Trails. He confirmed that his geologist and the City
geologist felt there would no adverse geological impacts from the proposed plan and
that, in fact, there would be improved conditions by relocating the water from the upper
canyon to the lower canyon where there was harder rock.
Lois Larue, 3136 Barkentine Road, described golf courses as toxic waste sites and
referred to the lakes on the Ocean Trails golf course installed to receive the toxic waste
in order for it to be carried offsite.
Additional Council discussion included a comparison of the current Ocean Trails outlet ,
structure to the ones installed for water diversion at Oceanfront Estates at Subregion 1.
City Council Minutes
September 5, 2000
Page 8
Mayor Byrd closed the public hearing.
Councilman Stern moved, seconded by Mayor Pro Tern Lyon, to (1) ADOPT
RESOLUTION NO. 2000 -581 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, APPROVING A MITIGATED NEGATIVE
DECLARATION. (2) ADOPT RESOLUTION NO. 2000 -597 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING
CONDITIONAL USE PERMIT NO. 163 — REVISION "N ", PERMITTING A CHANGE TO
THE DESIGN OF THE WESTERN PORTION OF THE OCEAN TRAILS PROJECT
DRAINAGE FACILITIES FROM A TUNNELED PIPE SYSTEM TO THE EXISTING ON-
SITE FORRESTAL CANYON.
The motion carried on the following roll call vote:
AYES: Lyon, Stern, and Mayor Byrd
NOES: McTaggart
ABSENT: Ferraro (left at 12:02 A.M.)
Councilman McTaggart explained that he voted against the proposal because he felt
there were other solutions which would have been visually appealing and more
environmentally sound.
Revision "O" to the Ocean Trails Project to Amend Conditional Use Permit No.
162 to Clarify Homeowner Association Membership (1411 x 1203)
Mayor Byrd announced that Ocean Trails had withdrawn their request.
REGULAR BUSINESS:
Ocean Trails — Licensing Agreement for the Use of the Lower Portion of Shoreline
Park (1411 x 1203)
Senior Planner Pfost presented the staff report of September 5, 2000 and the
recommendation to approve the licensing agreement with Ocean Trails for the use of
the lower Shoreline Park. He said that a copy of a revised licensing agreement was
distributed to Council at the onset of the meeting.
A discussion with staff prompted deletion of the phrase "in perpetuity" in paragraph 8
because it conflicted with the term of 21 years.
Councilman Stern moved, seconded by Mayor Byrd, to adopt the staff
recommendation.
City Council Minutes
September 5, 2000
Page 9
Lois Larue, 3136 Barkentine Road, questioned the use of the phrase "an Act of God" in
describing the landslide and asked for an explanation of the fees to be paid by Ocean
Trails relative to this agreement.
The motion carried 4 -0 -1. (Councilwoman Ferraro left at 12:02 A.M.)
Review of Forrestal Management Plan (1203 x 1201)
Council consensus was to continue this item at a workshop with the City Council, Parks
and Recreation Committee and the Finance Advisory Committee. It was tentatively
schedule for Saturday, October 7, after the Community Leaders Breakfast, at Hesse
Park.
Appropriation and Agreement for Lawsuit Against the FAA and Purchase of Flight
Tracking Equipment (11101 x 1505)
Council consensus was to continue this item to September 19, 2000.
Ordinance 359 - NPDES Regulations (1204 x 1402)
Council consensus was to continue this item to a later date.
Fiscal Year 2000 -2001 Diversion Program Additions (1204 x 1301)
Council consensus was to continue this item to September 19, 2000.
Proposed Acquisition of the Tidemark Solutions Permit Tracking System (1203 x
201)
Council consensus was to continue this item to October 3, 2000.
Funding Plan for Abalone Cove Storm Drain (1900 x 310)
Council consensus was to continue this item to September 19, 2000.
Request to Explore Reducing the Utility Users Tax (1501 x 1601)
Council consensus was to refer this item to the Finance Advisory Committee.
CLOSED SESSION REPORT:
City Council Minutes
September 5, 2000
Page 10
City Attorney Lynch reported that the City Council took no action on the McCaul case;
unanimously agreed to accept the defense of all individually named defendants in
reference to the Mark Abrams litigation; took no action on the Tyler case; and, and took
no action on the possible litigation against either Los Angeles County or the Federal
Government regarding PVIC
ADJOURNMENT:
The meeting was adjourned at 12:48 A.M. on the motion of Mayor Byrd.
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WA2000 City Council Minutes \09052000 cc min.doc
City Council Minutes
September 5, 2000
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