CC MINS 20001017MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
OCTOBER 17, 2000
The meeting was called to order at 6:30 P.M. by Mayor Byrd at Fred Hesse Community
Park, 29301 Hawthorne Boulevard and was immediately recessed to a closed session
per the Brown Act Checklist. At 7:08 P.M. the meeting reconvened. After the Pledge of
Allegiance, roll call was answered as follows:
PRESENT: Ferraro, MCTaggart, Stern, and Mayor Byrd
ABSENT: Lyon
Also present were City Manager Les Evans, Assistant City Manager Carolynn Petru;
City Attorney Carol Lynch; Director of Planning, Building, and Code Enforcement Joel
Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; City
Clerk/Director of Administrative Services Jo Purcell; and, Deputy City Clerk/Recording
Secretary Jackie Drasco.
RECYCLING DRAWING:
Winners from the last two drawings were Mark &Clara Simon and Lorna Morris. Each
family will receive a check for $250, which represents a year of free refuse service.
Another card was selected.
Mayor Byrd announced that the City has designated October as Crime Prevention
Month. He also announced the address of the City web site and described some of the
useful information to be obtained.
APPROVAL OF AGENDA:
City Manager Evans relayed a message from Mayor Pro Tern Lyon requesting that the
item regarding the revised 2000 Five -Year Financial Model and Consideration of
Revising the Utility User's Tax Rate be postponed to a future meeting since she was
unable to attend this evening's meeting.
Councilman Stern moved, seconded by Councilwoman Ferraro, to approve the agenda
as amended. Motion carried.
APPROVAL OF CONSENT CALENDAR:
Lois Larue, 3136 Barkentine Road, said that the Los Angeles Times said that a
candidate who received $250 from someone would have to recuse himself or herself
from voting on an item related to the donor and she suggested that Councilwoman
Ferraro recuse herself from voting on the Marymount EIR. She also requested more
detail in City Council and the Community Leaders' Breakfast minutes.
Samuel S. Van Wagner, 2763 San Ramon Drive, urged the Council to postpone the
approval of Addendum No. 3 for Long Point until past issues are resolved regarding use
of public land for the project. He discussed restrictions placed on City Hall property
when the Federal deeded the land to the City and questioned the economic feasibility of
a 9 -hole golf course. (A copy of Mr. Van Wagner's comments is on file with the City
clerk's Office).
Lois Karp, 31115 Ganado Drive, representing Concerned Citizens Coalition /Marymount
Expansion, discussed the large amounts of soil to be moved in grading for the
Marymount expansion project. She noted the number of truckloads which would be
traveling on the public roads and asked who would pay for any damage to these roads.
Samuel S. Van Wagner, 2763 San Ramon Drive, felt that the Marymount expansion
was not compatible with the City's General Plan and he was also concerned that the
quantities of earth to moved during grading for the project might cause land slippage
near his home. (A copy of Mr. Van Wagner's comments is on file with the City Clerk's
Office.
Councilman MCTaggart moved seconded by Mayor Byrd, to approve the consent
calendar as follows:
Minutes (301)
Approved the minutes of September 19, October 3, and October 7, 2000, as corrected.
Long Point Specific Plan EIR Contract Addendum No. 3 (1203 x 804)
Approved a Contract Addendum for the Long Point Specific Plan EIR for an increase in
preparation costs resulting from redefinition of the project which has necessitated
additional work, with the understanding that the project applicant pays all costs
associated with the EIR preparation.
Award of contract for services to prepare an Environmental Impact Report for
proposed improvements to Marymount College (30800 Palos Verdes Drive East)
(1203 x .1804)
City Council Minutes
October 17, 2000
Page 2
Authorized staff to execute a Professional Services Agreement for the Mayor's
signature in an amount not to exceed $96,000.00 with Envicom, to prepare an
Environmental Impact Report for improvements to Marymount College.
Award Contract for Roadway and Drainage Rehabilitation for Palos Verdes Drive
South at Portuguese Bend (1204 x 1405 x 604)
(1) Awarded the contact for the Roadway and Drainage Rehabilitation for Palos Verdes
Drive South at Portuguese Bend Project to Excel Paving Company for an amount not to
exceed $887,325; plus authorized staff to spend an additional $92,675 for possible
extra work, for a total authorization of $980,000. (2) Authorized the Mayor and the City
Clerk to execute a contract with Excel Paving Company.
Subdivision Agreement for Tract 50667 Ocean Trails (1204 x 1411)
Approved a revised Subdivision Agreement with Ocean Trails L.P. for Tract 50667 to
revise the security requirements.
Resolution No. 2000 -69 - Register of Demands (602)
ADOPTED RESOLUTION NO. 2000 -691 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.
Council comments before the roll call vote were as follows:
Councilman Stern felt that land use issues regarding the use of City -owned property
should be resolved before further action is taken on the Long Point proposal and that
public input should be sought before an EIR is performed.
Mayor Byrd said that, regarding the Long Point financial plan, he was curious about
whether the proposed development project would furnish revenue for the City and if it
was feasible for the developer to build a hotel without a golf course. He believed that
these questions should be answered and the EIR completed before the land use issue
was resolved. He added that the developer, not the City, was paying for the EIR.
Councilwoman Ferraro said that she consulted City Attorney Lynch to determine if it
was necessary that she recuse herself from voting on the Marymount item. After this
consultation, Councilwoman Ferraro felt she would be eligible to vote since her home is
not located within 300 feet, she has no view of the site, and her property value would
not be affected by the Marymount expansion.
City Council Minutes
October 17, 2000
Page 3
City Attorney Lynch added that even with the political campaign contribution mentioned,
under the Political Reform Act, Councilwoman Ferraro was eligible to vote on the
Marymount item.
Councilman McTaggart said that the City Council was not able to deny a project before
all the facts were presented.
Speaking in rebuttal, Councilman Stern said that he was not suggesting that the project
be denied up front but that he was concerned specifically about the use of City land.
The motion to approve the consent calendar carried on the following roll call vote:
AYES: Ferraro, McTaggart, Stern, and Mayor Byrd
NOES: Stern on Long Point Specific Plan EIR Contact Addendum No. 3
ABSENT: Lyon
# # # # # # # # # # #
PUBLIC HEARING:
Resol. No. 2000 -70 - Conditional Large Domestic Animal Permit No. 2 (Applicant:
Roger Grove, "Ride -to- Fly ", 50 Narcissa Drive)
Mayor Byrd opened the public hearing on this request to consider conditional approval
of Conditional Large Domestic Animal Permit No. 2. City Clerk Purcell announced that
notice had been duly published and that all comment letters received by the City had
been included in the agenda packet.
Senior Planner Fox presented the staff report of October 17, 2000 and the
recommendation to adopt the proposed resolution accepting the Equestrian
Committee's recommendation and conditionally approving Conditional Large Domestic
Animal Permit No. 2.
Council discussion focused on the change in operating days from the original
application to include Thursday as well as Wednesday and Saturday and the fact that
this additional day was mentioned in the public notice; the type of landscape screening
required and the need to make sure the applicant is aware of the requirements; and, a
suggested change to Condition No. 8 requiring annual proof of the applicant's
registered non - profit 501(C)(3)(c)(3) status since this status remained intact unless the
Internal Revenue Service notified the applicant.
City Council Minutes
October 17, 2000
Page 4
RECESS & RECONVENE:
At 7:45 P.M., Mayor Byrd declared a recess. The meeting reconvened at 7:52 P.M.
Roger Grove, 4923 Halison Street, Torrance, CA 90503, representing Ride to Fly to Fly,
said that this was a non - profit therapeutic organization for people with special
challenges that was operating under the rules of the North American Riding Association
for the Handicapped. He said that this association certified their instructors and that the
number of instructors and the operating days had been increased to accommodate
more participants. He explained improvements made on the property such as
sprinklers, replacement of turf with bank sand to decrease dust, and reconstruction of a
fence. He indicated that additional improvements were planned and that the group
wanted to be a good neighbor to the surrounding residences. He said that he was
aware of the landscaping requirements and would comply.
Council discussion centered on compliance with the City code and staff was directed to
confirm this compliance.
Mayor Byrd closed the public hearing.
Councilman Stern moved, seconded by Councilwoman Ferraro, to ADOPT
RESOLUTION NO. 2000 -707 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, AS AMENDED, ACCEPTING THE EQUESTRIAN
COMMITTEE'S RECOMMENDATION AND CONDITIONALLY APPROVING
CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 2.
City Attorney Lynch indicated that a sentence would be added to Condition No. 8 reflect
that Ride to Fly to Fly would provide written notice within 30 days of any change in their
non - profit status.
The motion carried on the following roll call vote:
AYES:
Ferraro, McTaggart, Stern, and Mayor Byrd
NOES:
None
ABSENT:
Lyon
Resol. No. 2000 -71 -Cable Television Franchise Renewal with Cox
Communications (1101 x 605)
Mayor Byrd opened the public hearing on this request to consider approval of the Cable
Television Franchise Renewal with Cox Communications. City Clerk Purcell announced
that notice had been duly published and that there were no comment letters received by
the City.
City Council Minutes
October 17, 2000
Page 5
Assistant City Manager Petru presented the staff report of October 17, 2000 and the
recommendation to adopt the proposed resolution approving the cable franchise
renewal agreement with Cox Communications.
Council discussion focused on the need for improved sound quality at City Council
meetings; whether the new broadcasting equipment would provide text on the screen to
indicate to viewers which item the Council is discussing; and, if the City can require the
cable operator to give subscribers one month of free service if a service complaint is not
corrected within 24 hours of receiving the complaint.
Eric Paris, 29234 Stadia Hill Lane, said that he attended the Cable TV ad hoc meetings
and had some suggestions. He said that Cox should be required to pay franchise fees
on self - advertising on all channels, on the use of Channel 10 to promote pay - per -view
and the adult channels, and on the use of Channel 12 for their own "infomercials"
disguised as news interviews during peak hours. He said that the parental control
device is free only at the time of the original installation and he felt that if adult channels
were added later, there should be no charge to have them blocked at a later date. He
was in favor of having a low- income package and an education package (for members
of the public who do not want entertainment channels but could reap the benefits of
educational television). He felt that Cox should be prohibited from moving existing
channels to a higher programming tier or into digital cable packages. When asked
about adult channels being available only through subscription, he replied that the
channels are scrambled but the video is slightly visible and the audio is often clear.
Steve Fowler, Vice President and General Manager of Cox communications, said that
he had been working in this community since 1995 and he described the new
technology in place in Cox's cable system such as fiber optics, high speed data lines,
and digital service. Mr. Fowler said that there had been about $40,000 in revenue from
cable modem service, which is no longer subject to the utility user tax, but that this loss
should be made up by the increased subscribers to the new digital service. He said
that industry standard is not to impute some value for self - promotion and that these ads
are shown in time that was unsold for commercials. Regarding parental controls, he
said that there is a minimum $15 charge for a service call; that individual channels or
certain ratings can be blocked with a converter; and, that the adult channel is
scrambled and does not come on until after 10:00 P.M. In response to a Council query,
he said that he had not considered raising his performance bond and that the franchise
revocation is a much more valuable tool for the City if there problems. He explained that
the local office was not equipped to handle a high volume of calls and that the call
center in San Diego was established to take calls when an entire neighborhood is out of
service. He said that voluntarily Cox provided a free month if the service were out for a
24 -hour period but he would prefer that this was not mandatory because he felt
customers would take advantage of this requirement and turn a minor problem into a
City Council Minutes
October 17, 2000
Page 6
major one. He explained that they also had alarms which sounded when service went
down in an area.
Mayor Byrd closed the public hearing.
Council discussion focused on the thorough scrutiny on both sides during the many
negotiation meetings. No changes were proposed to the draft franchise renewal
agreement.
Councilman Stern moved, seconded by Councilman McTaggart, to ADOPT
RESOLUTION NO. 2000 -711 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES APPROVING THE CABLE FRANCHISE RENEWAL
AGREEMENT WITH COX COMMUNICATIONS.
The motion carried on the following roll call vote:
AYES:
Ferraro, McTaggart, Stern, and Mayor Byrd
NOES:
None
ABSENT:
Lyon
RECESS & RECONVENE:
At 8:50 P.M., Mayor Byrd declared a recess. The meeting reconvened at 8:59 P.M.
PUBLIC COMMENTS:
Tom Redfield, 31273 Ganado Drive, expressed praise for the competence of the
Finance Advisory Committee, and said he was specifically pleased by the chairman's
comment that the committee would be willing to take on additional work for the City. He
stated that the Coalition of Concerned Citizens, made up of residents from communities
adjacent to Marymount, suggested that the Council take advantage of the expertise of
the Committee members and ask them to analyze the financial plan for Marymount
College. He said that concerns of the Coalition included the repeated City approval of
increases to the enrollment cap in order to meet financial needs and the proposed
grading plan for the current expansion which would involve massive amounts of soil to
be removed from the site.
Jabe Kahnke, 4003 Palos Verdes Drive South, said that he was disappointed with the
way Revision N to the Ocean Trails project was handled at the September 5 Council
meeting, stating that there was not proper noticing to surrounding residents. He felt
that because of this lack of notice, the revision was approved without proper citizen
input.
City Council Minutes
October 17, 2000
Page 7
Uday Patil, 4011 Palos Verdes Drive South, spoke about the proposed Ocean Trails
silhouettes to show view impact of the proposed homes to surrounding residents. He
said that most of the plan was settled on paper within two weeks of the Council's
decision to approve the erection of these silhouettes but that Mr. Zuckerman had
placed so many conditions on the placement of these silhouettes that, in effect, he
refused to allow them. Mr. Patil was disappointed that the item was not on this
evening's agenda as he said was originally planned and he hoped that it would be on
the November 8 Council agenda. When asked about conditions placed by the
residents, he referenced a meeting with staff.
Mary Casaburi, 3941 Palos Verdes Drive South, said that she too was - waiting patiently
for the silhouettes that she hoped would be in place before December. On a related
topic, she objected to the view obstruction from the highway indicated by the silhouettes
for the proposed gatehouses at Oceanfront Estates.
Lois Larue, 3136 Barkentine Road, said that the Council was elected to represent hat
the people want and she felt they were not meeting that obligation by their current
action regarding keeping open the options for consideration of use of public land for a
golf course and for consideration of a breakwater.
REGULAR BUSINESS:
The Effect of the Brown Act on City Council Subcommittees (103 x 1101 x 306)
City Attorney Lynch presented the staff report of October 17, 2000 and the
recommendation to avoid the continued misunderstanding about meetings of City
Council subcommittees, by either (1) disbanding the Council subcommittees, or (2)
noticing meetings of the subcommittees in accordance with the provisions of the Ralph
M. Brown Act.
April Sandell, 28026 Pontevedra Drive, who said she had attended Western Avenue
Corridor Task Force meetings for about a year; asked about the group's schedule and
purpose; whether it is subject to the Brown Act; and, its relationship to the City and to
the Redevelopment Agency. She felt that very few people are aware of this group.
Lois Larue, 3136 Barkentine Road, congratulated Nick Green of the Daily Breeze for
bringing this issue to the attention of the Council.
Councilman Stern moved to abolish all of the ad hoc committees with the exception of
the NCCP committee which will become a standing committee which will become
subject to the provisions of the Brown Act.
The motion died for lack of a second.
City Council Minutes
October 17, 2000
Page 8
After additional discussion of the reporting procedures for these committees and
whether minutes should be prepared to report the action of the committees,
Councilwoman Ferraro moved to disband all of the ad hoc committees with the
exception of the Beautification Committee and the NCCP which will be an official
standing committee; liaison members of the City Council will attend other committee
meetings when they can. The motion was seconded by Councilman MCTaggart.
Further discussion resulted in a proposed amendment by Councilman Stern that the
Ocean Trails, Rolling Hills Estates Economic Development, the Western Avenue Task
Force, the LAX Expansion Noise committees become liaison committees; to the extent
that minutes are available from those groups they should be made available to the City
Council and to the public.
The motion as amended carried on a 4 — 0 —1 vote with Mayor Pro Tem Lyon absent.
Recommendation: To avoid the continued misunderstanding about meetings of City
Council subcommittees, it is recommended that the Council either (1) disband the
Council subcommittees, or (2) notice meetings of the subcommittees in accordance
with the provisions of the Ralph M. Brown Act.
RECESS & RECONVENE:
At 10:02 P.M., Mayor Byrd declared a recess. The meeting reconvened at 10:12 P.M.
Resol. No. 2000 -72 - Establishment of Stop Regulations at the Intersection of
Avenida Aprenda and Avenida Cuaderno (1204 x 1502)
Director Allison presented the staff report of October 17, 2000 and the recommendation
to adopt the proposed resolution establishing stop regulations at the intersection of
Avenida Aprenda and Avenida Cuaderno.
Don Shults, 2129 Velez Drive, President of Rolling Hills Riviera Homeowners
Association, spoke in support of the proposed action; discussed other means of traffic
control; and, said that this will encourage other Homeowners Associations to provide
input to the City to request traffic control in their areas.
Council discussion focused on the lack of opposition to this action and the consensus
was that this would be good for traffic control.
Councilman McTaggart moved, seconded by Mayor Byrd to ADOPT RESOLUTION No.
2000 -72, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES ESTABLISHING STOP REGULATIONS AT THE INTERSECTION
City Council Minutes
October 17, 2000
Page 9
OF AVENIDA APRENDA AND AVENIDA CUADERNO.
Status Of Proposition A Funds And At -Risk Youth Compliance (1204 x 601)
Director Allison presented the staff report of October 17, 2000 and the recommendation
to receive and file the report.
Council discussion centered on the youths at risk and the fact that the contractors hire
the employees and prepare all required paperwork.
Councilman Stern moved, seconded by Councilwoman Ferraro, to receive and file the
report as recommended by staff.
Recommendation for Expanding Speed Enforcement and Awareness Program
(1204 x 1502)
Director Allison presented the staff report of October 17, 2000 and the recommendation
to authorize Staff to increase the use of the radar trailer and secure additional services
from the Los Angeles County Sheriffs to increase speed enforcement and improve
public awareness of speeding on local roadways.
Don Shults, 2129 Velez Drive, President of Rolling Hills Riviera Homeowners
Association, discussed speeding problems in various parts of the City and different
methods of control. He said that his neighborhood would be happy to serve as a test
area.
Council discussion focused on the need for adequate light, including flashing yellow
beacons, to ensure that the speed board is visible to motorists; the probability that
speed boards installed for night use would be placed on main arterials; and, the saving
of labor costs and additional data collected when a speed board could be left in place
for two days.
Councilwoman Ferraro moved, seconded by Councilman McTaggart to authorize Staff
to increase the use of the radar trailer and secure additional services from the Los
Angeles County Sheriff's to increase speed enforcement and improve public awareness
of speeding on local roadways. Motion carried.
Revised 2000 Five -Year Financial Model and Consideration of Revising the Utility
User Tax Rate (602 x 1501 x 1601)
Council consensus was to postpone this item until Mayor Pro Tern Lyon could be present.
City Council Minutes
October 17, 2000
Page 10
CLOSED SESSION REPORT:
City Attorney Lynch reported that no action was taken
ORAL CITY COUNCIL REPORTS:
Councilman McTaggart requested that the Council meeting schedule for Wednesday,
November 8, be rescheduled for Monday, November 6, since he had a conflict on
Wednesday.
Council discussion focused on the policy to hold the Council meeting on Wednesday
when the regular Council meeting day fell on election day and likely conflicts of two
other Councilmembers making it impossible for them to attend a November 8 meeting.
Councilwoman Ferraro described a COPS advisory board meeting she recently
attended which also was attended by Kelly Johnson, principal of Peninsula High, and
several Sheriff deputies in casual uniform. She said that the program had been
wonderful for the high school students.
ADJOURNMENT: Adjourned at 10:42 P.M. on motion of Mayor Byrd.
ATTEST:
C CLERK
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City Council Minutes
October 17, 2000
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