CC MINS 19941018M I N U T E S
REGULAR MEETING
RANCHO PALOS VERDES CITY COUNCIL
OCTOBER 18, 1994
The meeting was called to order at 7:00 P.M. by Mayor Kuykendall at the Hesse
Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of
Allegiance to the flag, roll call was answered as follows:
PRESENT: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL
ABSENT: NONE
Also present were City Manager Paul Bussey, Planning Director Bret Bernard,
Public Works Director Trent Pulliam, City Clerk Jo Purcell, Administrative
Analyst II Rick Otto, City Attorney Carol Lynch, and Associate Planner Fabio de
Freitas.
APPROVAL OF AGENDA: Councilman Byrd moved, seconded by Council -woman Brooks, to
approve the agenda as presented. Motion carried.
APPROVAL OF CONSENT CALENDAR:
Pointing out several typographical errors in the minutes was Lois Larue, 3136
Barkentine Road, Ms. Larue also expressed her opinion about several items on the
consent calendar.
Councilwoman Brooks moved, seconded by Councilman McTaggart, to approve the
Consent Calendar as follows:
WAIVER OF FULL READING
Adopted a motion to waive reading in full of all ordinances and resolutions
adopted at this meeting with consent to the waiver of reading deemed to be given
by all councilmembers after the reading of the title.
MINUTES (301)
Approved the minutes of June 16, September 20 and September 29, 1994.
SLURRY SEAL PROGRAM FISCAL YEAR 1994 -95 (1204 x 1404)
(1) Awarded the FY 94 -95 slurry seal program to California Pavement Maintenance
Company, Inc. for $274,379.30 and authorized staff to spend up to an additional
$13,720.70 for contingencies for a total authorization not to exceed $288,100.
(2) Authorized the Mayor and the City Clerk to execute a contract with
California Pavement Maintenance Company, Inc. for the fiscal year 1994 -95 slurry
seal program.
PURCHASE OF A REPLACEMENT CITY VEHICLE
(602 x 1204)
Approved the purchase of a 1995 Ford Taurus sedan from Person Ford, 2844 Foothill
Boulevard, La Verne, California for an amount not to exceed $16,408.75 plus state
sales tax.
CLAIM AGAINST THE CITY BY EARL GANTZ (301 x 303)
Rejected the claim from Earl Gantz and directed the City Clerk to notify the
claimant.
REGISTER OF DEMANDS (602)
ADOPTED RESOL, NO, 94 -87 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: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ZONE CHANGE NO. 234 REQUEST TO RELOCATE THE SETBACK LINE (1203 x 1802)
Mayor Kuykendall opened the public hearing on this request to relocate the City' s
Coastal Setback Line seaward of its current location at 16 Seacove Drive. The
City Clerk reported that notice of the public hearing had been duly published and
that no written protest had been received by the City.
Assistant Planner Fabio de Freitas presented the October 18 staff report and the
recommendation to grant this request. He reported, however, that the mechanism
for making this change was an ordinance and not the proposed resolution.
Council inquiry of this matter clarified that the coastal setbacK line in this
case had been set landward of this home and that this condition probably existed
for the rest of the homes on Seacove Dr. Responding to Council inquiry, the City
Attorney opined that in the event other homeowners want to relocate the setback
line that one ordinance could be adopted covering a multiple of homes.
The applicant in this matter Greg Gawlik, 16 Seacove, requested that the Council
approve the Planning Commission's recommendation, that all geology questions had
been addressed, and that all of the data shows that the setback line should be
moved to the top of the slope.
Responding to Council's inquiry, Mr. Gawlik said that he would give serious
consideration to making the information on this matter available to his neighbors
in the event they want to move their setback line.
Lois Larue, said she withdrew her earlier objections to this adjustment.
Elizabeth Kelly. 6611 Vallon Drive, said she hoped the City would not be to blame
if something goes wrong.
Councilman McTaggart moved, seconded by Councilwoman Brooks to close the public
hearing. The motion carried.
Councilman Byrd moved, seconded by Councilwoman Brooks to approve the staff
recommendation and approve the preparation of an ordinance to mechanize this
setback change. Motion carried.
BEACH CURFEW ORDINANCE (1203 x 1201)
Code Enforcement Officer George Rodericks presented the staff report of October
18, 1994 and the recommendation that if the City Council wished to establish a
City Council Minutes
October 18, 1994
Page 2
beach curfew they should then direct the City Attorney to prepare the appropriate
ordinance.
Lois Larue, requested that a sunset clause be put in the curfew ordinance.
With regard to Abalone Cove Beach's location within the active landslide area,
Council discussion focused on the rate of land movement in that particular area,
and it was clarified that while part of that landslide area is indeed moving,
other parts have not.
Elizabeth Kelly, said she strongly backed the staff recommendation and then
alluded to other issues not relevant to the discussion at hand. Mayor Kuykendall
gave warning that unless she spoke to the matter under discussion, he would have
her removed from the room.
After a brief discussion of the September 6 direction that the Recreation and
Parks Committee study the accessibility and improvement of the beach area,
Councilman Byrd moved, seconded by Councilwoman Lyon that the committee, in
conjunction with that direction also study the extent and the specific areas of
the beach to which a curfew should be applied; additionally, that this
recommendation be presented to the Council at the December 20 meeting. Motion
carried.
CABLE TV ADVISORY COMMITTEE
RESIGNATION (106 x 305 x 1101)
Administrative Analyst II Rick Otto presented the staff report of October 18 and
the recommendation to (1) appoint a candidate to fill the vacancy on the Public
Access Cable Television Advisory Committee ( PACTAC); or (2) if the Council
concurred with the suggestion from former Committee Chairman Mitch Rose, then
withdraw from PACTAC and direct staff to initiate the formation of a separate
public access television advisory committee comprised of member cities on the
Palos Verdes Peninsula that share the same public access guidelines; or ( 3 ) take
no action, thereby leaving the position vacant. (This would result in the City
having two members on the committee which would be consistent with the member
cities of Rolling Hills Estates and Los Angeles (San Pedro).
Committee Chairman Rob Mack, 30924 Rue de la Pierre, reported that the Committee
recommended that the Council consider appointing a member to the committee.
Committee Member Mimi Horowitz, 30959 Avenida de Calma, referred to the
Committee's letter dated October 13 and in particular to the Committee's motion
that they supported the continued consolidation of the Public Access channel.
Also speaking in support of this consolidation was Earl Weinstein, P. 0. Box
7000, San Pedro, who stated his concurrence with the other committee members
request for consolidation. In response to a Council inquiry, Mr. Weinstein said
that in some cases he was paid for videotaping certain programs which appear on
the public access channel.
Elizabeth Kelly, said she strongly agreed with the staff report.
Councilwoman Brooks moved, seconded by Councilman McTaggart to make an
appointment to fill the committee vacancy.
Representing Dimension Cable was Steve Fowler, who summarized the rationale for
splitting the Palos Verdes Peninsula programming from that shown in San Pedro
(City of Los Angeles): approximately two years ago programming came in into the
community which was deemed inappropriate and the cable company received a number
of complaints. For a program to appear on Peninsula programming, it requires
representation from the Peninsula. San Pedro, however, because it is governed
City Council Minutes
October 18, 1994
Page 3
by the City of Los Angeles does not need representation from the local San Pedro
community. He explained that they have just recently acquired the technology to
make this split and in an of fort to be more sensitive to local programming made
the decision to split the programming for the Palos Verdes Peninsula away from
the programming for San Pedro.
A brief Council discussion centered on the break in continuity that this
separation of programming might cause and it was the consensus that consolidating
the public access channels was preferred.
The motion to appoint a committee member to fill the vacancy carried with no
objections.
Ballots were distributed to the Council and after the second round of voting, Ed
Vincent was appointed to serve on the Committee with a term of office until
December 1995.
DIMENSION CABLE TRANSFER
TO COX CABLE (605 x 1101)
The October 18 staff memorandum on this matter recommended that the Council
approve the transfer of control of dimension cable from Times Mirror the current
owner, to Cox Cable,
Councilman McTaggart moved, seconded by Councilman Byrd to waive reading of the
staff report. Motion carried.
Emma Kelly, said she moved to support the staff recommendation.
Earl Weinstein, Box 7000, San Pedro, said that he did not have any strong feeling
on this matter.
Councilman Byrd moved, seconded by Councilwoman Brooks to adopt the staff
recommendation. Motion carried.
INCENTIVE PAY PROGRAM (1101 x 1202)
City Manager Bussey presented the staff memorandum of October 18 and the
recommendation to (1) adopt the proposed resolution AMENDING THE MANAGEMENT
EMPLOYEE PERSONNEL RULES AND THE COMPETITIVE SERVICE EMPLOYEE PERSONNEL RULES TO
CREATE AN INCENTIVE PAY PROGRAM; and, (2) adopt the proposed resolution
AMENDING RESOL. NO. 94 -47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1994 -95, FOR
A BUDGET ADJUSTMENT OF $19,000 TO THE NON- DEPARTMENTAL ACCOUNT.
Lois Larue, suggested that the Council delay adoption of these resolutions until
completion of the salary survey.
Elizabeth Kelly, spoke to this and then alluded to other issues not relevant to
the discussion at hand. Mayor Kuykendall ruled Mrs. Kelly out of order and had
her removed from the meeting.
Recess & Reconvene: At 8 :15 P.M. the Mayor declared a recess: the meeting
reconvened at 8:20 P.M.
Council resumed discussion of the incentive pay program and City Manager Bussey
gave a summary of the merit /step system versus an incentive pay program.
Council expressed concern that the private /public salary survey would not be
completed for some time and how important it was to reward extraordinary
performance. However, it was also argued whether this program should be
implemented now or if it should be delayed pending the results of the salary
City Council Minutes
October 18, 1994
Page 4
survey. Finally, in discussing the proposed resolution implementing the
incentive program, it was the consensus to limit the incentive pay award to 5%
rather than the 10% provided for in the proposed resolution.
Councilwoman Lyon moved, seconded by Councilwoman Brooks to adopt
RESOL. NO, 94 -88 AMENDING THE MANAGEMENT EMPLOYEE PERSONNEL RULES AND THE
COMPETITIVE SERVICE EMPLOYEE PERSONNEL RULES TO CREATE AN INCENTIVE PAY PROGRAM.
The motion carried on the following roll call vote:
AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL
NOES: NONE
It was the consensus that the City Manager should report back during the budget
workshops on the kinds of bonuses awarded.
Councilman Byrd moved, seconded by Councilman McTaggart to adopt
RESOL. NO, 94 -89 AMENDING RESOL. NO. 94 -47, THE BUDGET APPROPRIATION FOR FISCAL
YEAR 1994 -95, FOR A BUDGET ADJUSTMENT OF $19,000 TO THE NON - DEPARTMENTAL ACCOUNT.
The motion carried on the following roll call vote:
AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL
NOES: NONE
AUDIENCE COMMENTS (items not on the agenda). Mark Chinowsky, 3368 Crownview
Drive, voiced his objection to the $1100 fee that he is required to pay for a
variance to place solar panels on his backyard slope. He questioned if this was
contrary to the spirit of the Solar Rights Act and requested that the Council
consider reducing this fee.
Mr. Chinowsky was advised that Brown Act restrictions prohibited the Council from
making a decision on a matter not on the agenda, however staff would meet with
him and explain what his options were. It was the consensus that staff should
prepare a brief report on this matter for the Friday Report.
Richard Bara, 1 Peppertree, requested that he be notified of any hearing where
the matter of the beach curfew would be discussed.
NOVEMBER MEETING SCHEDULE (307)
(307)
City Manager Bussey presented the staff report of October 18 and the
recommendation that if the Council wished to make any changes to the November
schedule, that they then set other meetings dates.
After a brief discussion about conflicting schedules, Councilman Byrd moved,
seconded by Councilwoman Lyon to cancel the November 1 City Council meeting.
Motion carried.
Speaking against this cancellation was Lois Larue.
REPORT ON CLOSED SESSION: City Attorney Lynch reported that the Council had met
in closed session and concurred with her recommendation to not prosecute a code
violation matter, but instead to file with the County Recorder's office a Notice
of Violation. Also, the Council discussed the case of Baer v. Abbott and voted
unanimously to accept the defense of both Abbott & Associates and Winston Ward.
The City Council also voted to place on its closed session agenda the matter of
DML Properties V. the City. In that matter the City received a favorable
decision and because it was time sensitive to request publication of the
decision, the Council voted to place the item on its agenda and authorize the
City Attorney's Office to request publication of the opinion.
City Council Minutes
October 18, 1994
Page 5
ADJOURNMENT: At 9:00 P.M. the meeting adjourned on motion of Councilman
McTaggart.
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City Council Minutes
October 18, 1994
Page 6
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EXHIBIT "A" CITY. COUNCIL MINUTES
OCTOBER 18, 1994