CC MINS 20000606MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JUNE 612000
The meeting was called to order at 6:55 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 7:15 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
Director Rojas; Director of Public Works Dean Allison; Director of Finance Dennis
McLean; City Clerk /Administrative Services Director Jo Purcell; and, Recording
Secretary Jackie Drasco.
Mayor Byrd announced that this was Election Day and the polls would be open until
8:00 P.M.
Mayor Byrd stated that there was a new section on the City's web site for "breaking
news" which include important announcements such as street closures and that there
City forms to be downloaded for completion and a survey form for public comments.
APPROVAL OF AGENDA:
Mayor Byrd stated that there was an urgency item regarding Ocean Trails /Shoreline
Park Habitation Restoration which could be placed on the agenda with at least a 4/5
vote of the Council.
Councilman McTaggart moved, seconded by Councilwoman Ferraro, to add this item to
the agenda.
Councilman Stern stated for the record that he would have rather had the item duly
noticed so that the Council would have the benefit of input from the public and said that
he had spoken to Barbara Dye who said the matter had been brought to the attention of
staff some months ago.
After Council discussion, the motion carried with no objection.
Mayor Byrd said that Darryl Paul, an attorney representing the SAVE Committee (Save
All Views and Entitlements, a homeowner group organized in response to the Ocean
Trails Development) had called him earlier in the day to ask that the Periodic Review of
Developer's Compliance with the Ocean Trails Development Agreement and Current
Conditions of Approval item be continued to a later date.
Darryl Paul, 24501 Del Prado, Dana Point, CA 92629, asked for a postponement
because he learned that this was on the agenda only two days prior to the meeting.
Councilman Stern moved, seconded by Mayor Pro Tern Lyon, to continue this item to
July 18. Motion carried.
Councilman Stern said that although he did not want to formally remove the 1999
Annual Report regarding the General Plan Implementation Status Report from the
Consent Calendar, he did want to comment that he hoped that that next year's report
would indicate more accomplishments in open space preservation.
Councilwoman Ferraro, seconded by Mayor Pro Tern Lyon, to approve the agenda as
amended. Motion carried.
CEREMONIAL MATTERS: Presentation of City plaques to former View Restoration
Commissioners Carole Black and Warren Sweetnam.
Mayor Byrd presented a City plaque to outgoing View Restoration Commissioner
Warren Sweetnam who had served on that commission for the last ten years. He
mentioned that Commissioner Carole Black, who was not present at the meeting, had
served for right years on the Commission and would also receive a City plaque.
RECYCLING DRAWING:
The winner from the last drawing was Paul Leo who will receive a check for $250, which
represents the cost of refuse service for a year. Another card was selected.
APPROVAL OF CONSENT CALENDAR:
Lois Larue, 3136 Barkentine Road, said that the General Plan Implementation Status
Report was well re ared but she objected to the Abalone Cove Beach Improvements.
p prep
She also asked that rejection of the claim against the City by Tengli -Ann Lee be
continued because Mrs. Lee had been unable to attend this evening.
City Council Minutes
June 6, 2000
Page 2
- Councilwoman Ferraro moved, seconded by Councilman McTaggart, 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.
Hawthorne Boulevard /Granvia Altamira /Ridgegate Drive Traffic Signal
Modification (1204 x 1503)
(1) Authorized staff to proceed with the design of modifications to the traffic signal at
Hawthorne Boulevard /Granvia Altamira /Ridgegate Drive. (2) Increased the expenditure
limit of the existing contract with the City Traffic Engineer, J.R. Engineering, by $5,500
to $40,500 to provide the necessary engineering services.
Resol. No. 2000 -29 - Construction & Geotechnical Engineering Services - Scenic
Turnouts (1204 x 1404)
(1) Awarded a contract for scenic turnout construction on Palos Verdes Drive West at
Rue Beaupre and on Palos Verdes Drive South at Wayfarer's Chapel Scenic Turnout
Construction to Alpha Engineering Company, Inc. for an amount not to exceed
$188,628 plus authorize staff to spend an additional $11,372 for possible extra work, for
a total authorization of $200,000. (2) Awarded a contract for geotechnical services
during construction to Ryback Geotechnical for an amount not to exceed $17,000. (3)
Authorized the Mayor and City Clerk to execute both contracts on behalf of the City. (4)
ADOPTED RESOLUTION NO. 2000 -29, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES FOR A BUDGET ADJUSTMENT TO THE
CITY'S CAPITAL PROJECTS FUND
Professional Services Agreement — Community Development Block Grant
Administration (1204 x 601)
Approved the option to renew a professional services agreement with Diana Cho and
Associates to administer the Community Development Block Grant Program for the
period July 1, 2000 to June 30, 2001 for a not -to- exceed amount of $20,000 for FY
2000 -01.
Professional Services Agreement —Home Improvement Program — Fiscal Year
2000 -2001 (1204 x 601)
City Council Minutes
June 6, 2000
Page 3
(1) Approved the option to renew a professional services agreement with MDG
Associates to continue providing Home Improvement Program administration services
for FY 2000 -01, the period of July 1, 2000 to June 30, 2001, for a not -to- exceed amount
of $35,000. (2) Approved an option to renew the professional services agreement with
MDG Associates to continue providing loan document preparation services in
conjunction with the Home Improvement Program for FY 2000 -01, the period of July 1,
2000 to June 30, 2001 for a not -to- exceed amount of $3,500.
Legal Costs for NPDES Petition (1204 x 1402)
Authorized the expenditure of $2,000 for legal expenses related to a petition filed on our
behalf with the State Water Quality Control Board, appealing the Los Angeles Regional
Board's January 26, 2000 action.
Notice of Completion for Palos Verdes Drive East Median Landscape
Improvement Project (1204 x 1503)
(1) Accepted the work as complete. (2) Authorized the City Clerk to record a Notice of
Completion with the County Recorder; and, if no claims are filed within 35 days after
recordation, and upon the contractor posting an acceptable warranty bond, notify the
surety company to exonerate the payment and performance bonds. (3) Authorized the
Director of Public Works to release the 10% retention payment to S &M Landscape 35
days after recordation of the Notice of Completion by the County Recorder contingent
upon no claims being filed on the project and the contractor posting an acceptable
warranty bond.
1999 Annual Report regarding the General Plan Implementation Status Report
(1203 x 701)
Directed staff to forward the City's 1999 Annual Report on the Rancho Palos Verdes
General Plan to the State Governor's Office of Planning and Research, and to the
Department of Housing and Community Development regarding the current status of
the General Plan and the progress on its implementation during the 1999 calendar
year.
Proposed revisions to the Equestrian Committee Guidelines (1203 x 1808)
Reviewed and approved the proposed revisions to the Equestrian Guidelines.
Claim Against the City by Tengli -Ann Lee (303 x 301)
City Council Minutes
June 6, 2000
Page 4
Rejected the claim and directed the City Clerk to notify the claimant.
Claim Against the City by Christine Marie Mendez (303 x 301)
Rejected the claim and directed the City Clerk to notify the claimant.
- Gifts for Parks (1201)
Accepted the "Gifts for Parks" donations and directed staff to prepare letters for the
Mayor's signature expressing the Council's appreciation.
Resol. No. 2000- 30 - Annual Appropriation Limit for Fiscal Year 2000 -01 (602)
ADOPTED RESOLUTION NO. 2000 -30, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, ESTABLISHING THE CITY'S
APPROPRIATION LIMIT FOR FY 2000 -01.
FY 2000 -01 City Investment Policy (602)
Adopted and filed the FY 2000 -01 investment policy.
April 2000 Treasurer's Report (602)
Received and filed the April 2000 Treasurer's Report.
Purchase of Tax Defaulted Property (1101)
Authorized the Mayor and City Clerk to sign an Agreement to Purchase Tax - Defaulted
Property for a vacant lot located on the northwest corner of Peppertree Drive and
Sweetbay Road.
Resol. No. 2000 -31 - Register of Demands (602)
ADOPTED RESOL. NO. 2000 -311 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, Stern, and Mayor Byrd
NOES: None
City Council Minutes
June 6, 2000
Page 5
Lois Larue, 3136 Barkentine Road, asked again about postponing rejection of the claim _ -
against Mrs. Lee.
City Clerk Purcell replied that time constraints required that this step be taken but that
Mrs. Lee would be notified of the Council's decision and would be free to contact an
attorney if she wished to take further action.
Mayor Byrd confirmed that the Council's action did not affect Mrs. Lee's due process.
# # # # # # # # # # #
Ocean Trails /Shoreline Park Habitation Restoration (1203 x 1201 x 1411)
Director Rojas gave a lengthy overview of the status of the project and the
recommendation to provide staff with direction as to whether to allow portions of
Shoreline Park to be used for habitat restoration and the establishment of conservation
easements. A map was provided showing the areas involved.
Council discussion focused on restoration versus enhancement which involved
removin g invasive weeds and allowing the natural habitat to flourish, maybe with some
hydroseeding; the possibility that there might be enhancement on the switchbacks
which would not require irrigation; the obligation of Ocean Trails to pay for this
revegetation and the advantage this holds for the City; the "piggybacking" on Ocean
Trails' Habitat Conservation Plan for the City's project to repair the cracks in Palos
Verdes Drive South near 25th Street which is believed to have been caused by habitat
irrigation water; and the control gained by the Resource Agencies if a conservation
easement is granted.
The topic then turned to public use of the revegetated habitat area and it was stated
that the easement would be worded so that public use would not be prohibited.
City Attorney Lynch noted that federal law would protect the gnatcatchers and prohibit
the public from entering their nesting areas during the breeding season.
Further discussion involved the reluctance to use the switchback area because of the
fear of irrigation causing slope failure.
Staff responded that there could be revegetation without irrigation but the Resource
agencies might not accept this plan because the success rate would be lower.
Vic Quirarte, 29360 Quailwood Drive, supported the use of 20 acres of Shoreline Park
City Council Minutes
June 6, 2000
Page 6
for revegetation habitat and felt that the minimal use of water would not be an issue and
public access could be provided.
Ken Zuckerman, One Ocean Trails, relayed the history of offsite mitigation and the two
areas which were considered in the past — Shoreline Park and the switchbacks. He
said that because of concern about irrigation in the switchback area, Shoreline Park
was considered the desirable location. However, after the landslide on June 2, 19991
there was additional acreage needed for mitigation. He discussed the accommodation
Ocean Trails was making for the City to piggyback on Ocean Trails HCP for the road
repair on Palos Verdes Drive South. He said that he hoped to have the benefit of the
original agreement with the City and said that Ocean Trails will cover the expenses for
the initial work and for maintenance in perpetuity. He did not feel that public access
was a problem and that possibly temporary signs regarding some trail closures could be
placed in the gnatcatcher nesting areas during the nesting season only.
Council noted that the additional acreage required would be a permanent mitigation for
a temporal loss of habitat from the landslide which would eventually recover after the
landslide repair.
Council discussion centered on public access and spiny natural habitat plants which
might make use of the property impossible and possible alternate means of irrigation
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with special attention to avoiding erosion on the bluffs.
Ken Zuckerman explained that irrigation would be required only during the plant
establishment period and described the use of drip irrigation, manual watering, shutting
the water valve when not irrigating to avoid overwatering in the event of severed pipes
and other acts of vandalism, and the use of moisture sensors which would report
problems to the golf course superintendent.
Barbara Dye, 7035 Hartcrest, stated that Converse Consultants felt that irrigation would
not be a problem and asked that the City allow Ocean Trails to follow through with the
plans they had worked out with the resource agencies.
Ms. Dye indicated that water trucks were not feasible for irrigation of a large expanse
such as this and not in the switchback areas; that testing had revealed that revegetation
without irrigation would most likely be unsuccessful in the Shoreline Park area; that
Ocean Trails geologists did not believe that the cracks on Palos Verdes Drive South
were related to Ocean Trails but from a leaking sewer line and there are videos to
substantiate this theory. She reiterated that some hydro- seeding would be required
even with enhancement rather than revegetation and she also mentioned that there
would be controls in place to avoid overwatering, as part of any plan submitted.
City Council Minutes
June 6, 2000
Page 7
Jim Knight, 5 Cinnamon Lane, spoke in support of a plan to revegetate in Shoreline
Park with control of irrigation.
Council discussed conditioning the project to include irrigation control measures and
prohibiting irrigation closer than 25 feet from the bluff and the urgent need to finalize
plans in order to allow Ocean Trails to provide timely submittal of their landslide repair
plan to the Coastal Commission.
Barbara Dye said that planting could take place in the sewerline easement because .
County trucks would need to access this area only about once annually and the plants
would recover from this intrusion.
Council discussion centered on the use of Shoreline Park for purposes other than open
space; additional input which might be required from the geologist; and the idea of a
connection between Friendship Park and Shoreline Park as a recreational package for
hikes from one park to another.
Barbara Dye indicated that Ocean Trails could provide picnic areas along some trails at
the cost of Ocean Trails.
The Council agreed to look at the possibility of using some of the Forrestal property for
pp
, as
mitigation, opposed to Abalone Cove, if additional habitat mitigation area is needed
g
for City projects.
Council consensus was that Ocean Trails would be allowed to use the remainder of
Shoreline Park for habitat restoration and the City is amenable to providing a
conservation easement over the new restoration area provided the easement allows for
use of the trails, County sanitation facilities, and fire buffer area; Ocean Trails providing
a picnic area in the proximity of the bluff edge; no irrigation closer than 25' from the
bluff; and, the irrigation plan being review and approved by the City's consulting
geologists. Details regarding the processing for approving the HCP amendment would
be discussed at the next Council meeting.
Recess and Reconvene: At 8:55 P.M., Mayor Byrd declared a recess. The meeting
reconvened at 9:10 P.M.
PUBLIC COMMENTS:
April Sandell, 289026 Pontevedra Drive, discussed her problem with litigation with
CalTrans, the City of Los Angeles, and the County of Los Angeles and decisions made
City Council Minutes
June 6, 2000
Page 8
by the Western Avenue Task Force. She expressed disappointment with past actions,
was concerned about her property value, and thanked the City for attending a recent
Los Angeles City Transportation Committee meeting held at Peck Park.
Councilman McTaggart said that he was familiar with her situation and said that she
had been a victim of a state lawsuit, that her insurance company had turned its back on
her, that many had tried to help her, and that he felt bad about what had happened to
her.
Mayor Pro Tern Lyon said that she and City Manager Evans had attended a Los
Angeles City Transportation Committee meeting at Peck Park and that
recommendations had been given to the Western Avenue Task Force.
Lois Larue, 3136 Barkentine Road, spoke in opposition to the three - minute time limit to
speak about Consent Calendar items, allowing speakers to submit their names late,
and the lack of a staff report for the first item on the budget workshop meeting held
earlier that evening.
Jim Knight, 5 Cinnamon Lane, commended the Council for ordering an appraisal for the
Hon property in Portuguese Bend and other parcels in an attempt to preserve natural
habitat. He urged the Council to continue to pursue this goal and hoped that funding
would be available and that the NCCP map would be finalized.
PUBLIC HEARING:
Resol. No. 2000 -32- Citywide Landscaping & Lighting Maint. District (1204x901)
Mayor Byrd opened the public hearing on this request to conduct a public hearing and
adopt a resolution on the proposed levy confirming a diagram and assessment for the
2000 -01 fiscal year in connection with the Citywide Landscaping And Lighting
Maintenance District. City Clerk Purcell announced that notice had been duly published
and that there were no protest letters received by the City.
Council consensus was to waive presentation of the staff report.
The staff recommendation was to (1) Conduct a public hearing on the proposed levy
and collection of assessments within the Citywide Landscaping and Lighting
Maintenance District for fiscal year 2000 -01 and the Engineer's Report prepared in
connection therewith. (2) Adopt the proposed resolution confirming a diagram and
assessment for the 2000 -01 fiscal year in connection with the Citywide Landscaping
And Lighting Maintenance District pursuant to the provisions Of Part Two Of Division 15
City Council Minutes
June 6, 2000
Page 9
Of The California Streets And Highways Code.
A brief Council discussion centered on the fact that assessments have not increased
since 1992 and that as costs have risen, the funding has come from other sources.
There being no response to the Mayor's call for testimony, he declared the hearing
closed.
Councilman Stern moved, seconded by Mayor Pro Tern Lyon, to ADOPT
RESOLUTION NO. 2000 -321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES CONFIRMING A DIAGRAM AND ASSESSMENT FOR
THE 2000 -01 FISCAL YEAR IN CONNECTION WITH THE CITYWIDE LANDSCAPING
AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF
PART TWO OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS
CODE. Motion carried.
Appeal of Conditional Use Permit No. 207 (Applicant/Appellant: Mark Abrams, 44
Oceanaire Drive) (1203 x 1804)
Mayor Byrd opened the public hearing on this request to hear the appeal of Conditional
Use Permit No. 207. City Clerk Purcell announced that notice had been duly published
and that all protest letters were included in the agenda packet and that additional
correspondence was provided to the Council prior to the meeting.
Senior Planner Fox presented the staff report of June 6, 2000 and the recommendation
to adopt the proposed resolution denying the appeal and upholding the Planning
Commission's decision to deny Conditional Use Permit No. 207 with prejudice.
Due to the complex topic and large number of speakers, City Attorney Lynch suggested
that perhaps the speakers could give testimony at this meeting and the Council could
continue its deliberations to a future meeting.
Wilkie Cheong, Mr. Abrams' attorney, 10100 Santa Monica Boulevard, #2460, Los
Angeles, CA 90067, stated that Mr. Abrams' facility had been in place on his property
for ten years for amateur purposes and that Mr. Abrams took issue with the City
claiming that he had been using his antennas for commercial purposes. He said that
Mr. Abrams' request to use his antennas for commercial purposes would not mean that
there was a business on the premises per se and that there would be no additional
antennas, noise, persons, or equipment. He felt that the opposition to the antenna
tower was based not on actual impacts but more on personalities and the dislike of
antenna structures. He also stated that the decisions made by the Planning
City Council Minutes
June 6, 2000
Page 10
Commission and the City Council must be supported by findings based on facts.
Council discussion with Mr. Cheong included concern that there would be intensification
of use at this property; that there would be cumulative negative impacts because other
property owners in the neighborhood might ask for similar permits; and, if Council had
granted Mr. Abrams a permit, those other applicants might claim discrimination under
Federal law if the Council denied their requests.
Mark Abrams, 44 Oceanaire Drive, stated that the Planning Commission had indicated
that there were alternative locations for his antennas but that this was not true. He
said that he could describe why any other site suggested by the City would not be
feasible.
Council and City Attorney Lynch queried Mr. Abrams at length relative to the proposed
commercial use of his antennas. Some of the questions were as follows: Would the St.
John Fisher Church property be a alternate feasible site; does Mr. Abrams have
another antenna in another city; would Catalina be a feasible site; who are the
providers of a functionally equivalent personal wireless service; has Mr. Abrams
broadcast commercially from the antennas at his home; did Mr. Abrams have antennas
at the FAA site on the Peninsula; who are other providers of functionally equivalent
service to Mr. Abrams' service operating on the Peninsula; and, what specific service
does Mr. Abrams provide.
John P. Kemper, Mr. Abrams' Communication Consultant, 5512 Sara Drive, Torrance,
CA 90503, opined that the FAA would not allow additional antennas on the FAA site
because of technical and political reasons. He discussed past complaints received
from a residential neighbor of the FAA site and the state of wireless coverage on the
Peninsula.
Additional queries from Council and City Attorney Lynch to Mr. Abrams included: How
does the height of Mr. Abrams' property compare with the height of possible alternate
sites; are there gaps in Mr. Abrams' service from his property; how does the Federal
law affect the City's ability to regulate antennas; will Mr. Abrams' need additional
antennas in the future; how long did Mr. Abrams' broadcast from the mobile tower on
his property; and, does Mr. Abrams' have a list of references from customers?
Recess and Reconvene: At 10:20 P.M., Mayor Byrd declared a recess. The meeting
reconvened at 10:40 P.M.
Christopher D. Imlay, Mr. Abram's Telecommunications Attorney, 5101 Wisconsin Ave.,
N.W., Suite 307, Washington, D.C. 20016, described his experience and qualifications.
City Council Minutes
June 6, 2000
Page 11
He explained that it was necessary for the City to provide for wireless services and he
read from the Telecommunications Act of 1996. He said that the purpose of the Act
was to reduce barriers to commercial mobile services and increase competition to
reduce cost to consumers. He explained the concept of functionally equivalent service
and said that Mr. Abrams offers dispatch communication internally within a business
and that the closest equivalent would be Nextel's Direct Connect service. He said that
some Cities have required that all commercial antennas be placed at the same site.
Council and City Attorney Lynch queried Mr. Imlay. Some of the questions were as
follows: Is Mr. Abrams currently transmitting commercially from his property; can you
explain how the Telecommunication Act affects the City's ability to regulate; is any
resident entitled to put up an antenna and sell wireless service; is Mr. Abrams
challenging the entity which caused him to lose his FAA site; are there other dispatch
wireless services operating in the City of Rancho Palos Verdes; what other kinds of
services would be considered functionally equivalent to Mr. Abrams' service; and, what
conditions would have to exist to make a site feasible?
Because of the lateness of the hour Council consensus was to receive testimony from
Mr. Abrams' neighbors and to hold Council deliberation at a future meeting.
Councilman McTaggart moved, seconded by Councilwoman Ferraro, to continue this
item to July 5, 2000. The motion carried.
Recess and Reconvene: At 11:55 P.M., Mayor Byrd declared a recess. The meeting
reconvened at 12:02 A.M.
Resol. Nos. 2000 -33 and 34 -Annual Budget for Fiscal Year 2000 -01 (1101x602)
Mayor Byrd opened the public hearing on this request to adopt resolutions to approve
the Annual Budget for Fiscal Year 2000 -01. City Clerk Purcell announced that notice
had been duly published and that there were no protest letters received by the City.
Councilwoman Ferraro moved, Councilman McTaggart seconded, to waive
presentation of the staff report. Motion carried.
The staff recommendation was to (1) Adopt the proposed resolution approving a budget
appropriation and adopting the operating and capital improvement budget for fiscal year
2000 -2001. (2) Adopt the proposed resolution establishing hourly ranges for
competitive and management employee job classifications.
Assistant City Manager Petru listed the additions approved in the budget workshop
City Council Minutes
June 6, 2000
Page 12
meeting held earlier in the evening: (1) Authorized $30,000 ($10,000 for a traffic board
and $20,000 for increased traffic enforcement for asix -month periods in the FY 00 -01
budget. (2) Approved an increase of $50 a month for City Council miscellaneous
expenses and an increase of $50 a month for the Mayor's miscellaneous expenses in
the FY 00 -01 budget. (3) Approved annual merit raises for City employees to reflect an
average 6.0% rather than the present authorization of 4.5 %. (4) Authorized $8,000 in
the FY 00 -01 budget for an LCD projector to use with PowerPoint presentations. (5)
Approved $3,000 to cover expenses for Councilmembers Ferraro and McTaggart to
meet with the FAA in Washington D.C. in July 2000.
Councilwoman Ferraro moved, seconded by Councilman McTaggart, to ADOPT
RESOLUTION 2000 -33, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING A BUDGET APPROPRIATION AND
ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL
YEAR 2000 -2001, adding items approved in the workshop earlier in the evening.
The motion carried on the following roll call vote:
AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
NOES: None
Mayor Pro Tern Lyon and Mayor Byrd asked that the record reflect that they approved
all the budget items except the approval of an increase of $50 a month for City Council
miscellaneous expenses and an increase of $50 a month for the Mayor's miscellaneous
expenses in the FY 00 -01 budget.
Mayor Pro Tern Lyon moved, seconded by Councilman McTaggart to ADOPT
RESOLUTION NO. 2000 -347 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES ESTABLISHING HOURLY RANGES FOR
COMPETITIVE AND MANAGEMENT EMPLOYEE JOB CLASSIFICATIONS.
The motion carried on the following roll call vote:
AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
NOES: None
REGULAR BUSINESS:
Periodic Review of Developer's Compliance with the Ocean Trails Development
Agreement and Current Conditions of Approval (1203 x 1411)
City Council Minutes
June 6, 2000
Page 13
This item was continued to July 18, 2000.
Award Contract for Storm Drain Project for Palos Verdes Drive East and Bronco
Drive (1204 x 604)
Councilman McTaggart moved, seconded by Councilwoman Ferraro to waive
presentation of the staff report.
The staff recommendation was to (1) Consent to the request for relief submitted by
Southern California Underground Contractors, Inc. because of a mistake in their bid,
and authorize the release of their bid bond. (2) Declare the bid submitted by EMSICO,
Inc. to be non - responsive and reject the bid. (3) Award the contract for the Palos
Verdes Drive East and Bronco Drive storm drain project to Excel Paving Company for
an amount not to exceed $598,100; plus authorize staff to spend an additional $42,900
for possible extra work, for a total authorization of $641,000.
Councilwoman Ferraro moved, seconded by Councilman McTaggart, to adopt the staff
recommendation.
The motion carried on the following roll call vote:
AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
NOES: None
A Zone Change initiation request to consider a seaward adjustment of the Coastal
Setback Line based on a geologic study. (42 Seacove Drive). (1203 x 1802)
Associate Planner Mihranian presented the staff report of June 6, 2000 and the
recommendation to direct staff to initiate the review process and the public hearing
process before the Planning Commission to consider Zone Change No. 29, a request to
consider a seaward adjustment of the coastal setback line, in conjunction with related
development applications on property located at 42 Seacove Drive.
Council noted that the conditions of approval must indicate that there could be no
watering allowed on the bluff side of coastal setback line.
Richard Carl, 42 Seacove Drive, pointed out on the drawing posted on the wall that the
new home would have the same general footprint as the old home, which encroached
into the coastal setback line only nine feet. He described the placement of other homes
in the neighborhood which were closer to the bluff and mentioned a much more
extensive zone change granted by the City at 15 Seacove Drive.
City Council Minutes
June 6, 2000
Page 14
Richard Martin, 2114 Paseo del Mar, San Pedro, CA 90732, said that he was a
geotechnical engineer and had studied the findings of the geologist. He showed a
cross section of soil and explained his opinion that the land was stable.
Lois Larue, 3136 Barkentine Road, praised the geology report for this item.
Councilmember Lyon moved, seconded by Councilwoman Ferraro, to adopt the staff
recommendation. Motion carried.
Ordinance No. 357, Code Amendment No. 45, and Environmental Assessment No.
714 - Amendments to Chapter 15.20 (Moratorium on Land Use Permits) (1203x1103x1801)
Mayor pro tem Byrd moved, seconded by Councilmember Lyon, to waive presentation
of the staff report.
The staff recommendation was to (1) Adopt the proposed resolution hereby certifying
the draft Negative Declaration prepared pursuant to Environmental Assessment No.
714. (2) Adopt Ordinance No. 357, an Ordinance of the City of Rancho Palos Verdes
thereby enacting Code Amendment No. 45 For Miscellaneous Amendments To Chapter
15.20 (Moratorium On Land Use Permits) of Title 15 of the Municipal Code. (This
ordinance was introduced at the May 16`h Meeting.)
Councilmember Lyon moved, seconded by Councilwoman Ferraro, to (1) ADOPT
RESOLUTION NO. 2000 -357 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES HEREBY CERTIFYING THE DRAFT NEGATIVE
DECLARATION PREPARED PURSUANT TO ENVIRONMENTAL ASSESSMENT NO.
714. (2) ADOPT ORDINANCE NO. 357, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES THEREBY ENACTING CODE AMENDMENT NO. 45 FOR
MISCELLANEOUS AMENDMENTS TO CHAPTER 15.20 (MORATORIUM ON LAND
USE PERMITS) OF TITLE 15 OF THE MUNICIPAL CODE.
The motion carried on the following roll call vote:
AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
NOES: None
CLOSED SESSION REPORT:
City Attorney Lynch reported that no action taken
City Council Minutes
June 6, 2000
Page 15
ADJOURNMENT:
The meeting was adjourned at 12:20 A.M. on the motion of Mayor Byrd.
ATTEST:
� CITY CLERK
WA2000 City Council Minutes \06062000 cc min.doc
MAYOR
City Council Minutes
June 6, 2000
Page 16