DECEMBER 21, 2004 RANCHO PALOS VERDES CITY COUNCIL DRAFT M I N U T E S DECEMBER 21, 2004 RANCHO PALOS VERDES CITY COUNCIL DRAFT M I N U T E S

DRAFT

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

DECEMBER 21, 2004

The meeting was called to order at 7:00 p.m. by Mayor Clark at Fred Hesse Community Park, 29301 Hawthorne Boulevard, Rancho Palos Verdes.

Roll call was answered as follows:

PRESENT: Wolowicz, Long, Gardiner, Stern, Clark

ABSENT: None

Also present were City Manager Les Evans; Assistant City Manager Carolynn Petru; City Attorney Carol Lynch; Director of Finance Dennis McLean; Director of Planning, Building and Code Enforcement Joel Rojas; Director of Public Works Dean Allison; Deputy Planning Director Gregory Pfost; Senior Planner Kit Fox; Associate Planner Eduardo Schonborn; City Clerk/Administrative Services Director Jo Purcell; and, Minutes Reporter Debra Presutti.

The Pledge of Allegiance was led by Jo Purcell.

MAYOR’S ANNOUNCEMENTS:

On behalf of the City Council, staff, and the community of Rancho Palos Verdes, Mayor Clark bade retiring City Clerk/Administrative Services Director Jo Purcell farewell, thanking her for 28 years of devoted service to the City, saying she has been a tremendous asset and will be missed. Along with City Manager Evans, the Mayor presented Ms. Purcell with a City plaque inscribed as follows: "Jo Purcell, in appreciation of nearly 29 years of dedicated service to the City of Rancho Palos Verdes - 1976 to 2004."

City Clerk Purcell stated it has been a privilege to work for Rancho Palos Verdes and to serve the residents of this fine city, adding she has worked with many dedicated staff and Council members and it has been the hard work of all these people collectively that has shaped RPV into what it is today.

Lieutenant Herrera of the Lomita Sheriff’s Station extended congratulations to City Clerk Purcell and, on behalf of Captain Jay Zuanich and Sheriff Lee Baca, presented her with two certificates in recognition of her distinguished service to the residents of Rancho Palos Verdes, noting her partnership with the Lomita Sheriff’s Station has proved invaluable.

Ms. Purcell received a well-deserved standing ovation.

Mayor Clark presented Ken Dyda, Tom Long, and Steve Wolowicz each with a certificate of appreciation for the culmination of their service on the General Plan Update Steering Committee over the past two-and-a-half years. He indicated the other two members of the Committee were unable to be present but will receive recognition for their efforts in early 2005.

Mayor Clark suggested the City adopt a tradition in place in many parts of the country since World War I called the Blue Star Program, which recognizes the families of men and women in the armed services with a blue star, which can be hung prominently in a window to display their sacrifice. He indicated, in light of current world events and the tragedy that befell American soldiers on this day in Fallujah, it is most appropriate that Council adopt this time-honored tradition. He requested a moment of silence for those lives lost.

Mayor Clark advised he would be including a new segment called "Did You Know" to the Mayor’s Announcements, saying this addition is intended to provide interesting factual information about the community, which many people might not be familiar with. He noted this information will also be included on the City’s website so it can be perused over time.

Mayor Clark announced the first segment in the new "Did You Know" series deals the allocation of the property taxes in Rancho Palos Verdes, indicating that only six percent of the taxes collected actually come back to the City. With the assistance of Director McLean he exhibited a slide presentation of a pie chart, illustrating how the remaining tax revenues are distributed among the various other government agencies and special districts.

RECYCLE DRAWING:

None.

APPROVAL OF AGENDA:

Councilman Stern moved, seconded by Mayor Pro Tem Wolowicz, to approve the Agenda. By acclamation, Mayor Clark ordered the Agenda approved as presented.

PUBLIC COMMENTS:

Lois Larue, Rancho Palos Verdes, informed staff and Council that the traffic cones in the area she mentioned at previous Council meetings where vehicles sometimes turn around on PV Drive South between Abalone Cove and Sea View have disappeared completely.

Mayor Clark asked if staff could provide any response.

Director Allison advised there is an area along the side of the road on PV Drive South just west of Schooner Drive that becomes very muddy after it rains, therefore temporary barricades are placed there when rain is expected and removed when none is forecast; what the resident is witnessing is merely a periodic maintenance activity.

CITY MANAGER REPORTS:

None.

OLD BUSINESS:

City Clerk Purcell reminded the Council that items previously discussed and continued to a future meeting can be found on the City’s website at www.palosverdes.com/rpv.

NEW BUSINESS:

APPROVAL OF CONSENT CALENDAR:

Councilman Wolowicz requested Item No. 3, Gifts for Parks, be removed for a brief comment.

Councilman Wolowicz moved, seconded by Councilman Stern, to approve the Consent Calendar as amended.

The motion to approve the Consent Calendar carried on the following roll call vote:

AYES: Wolowicz, Long, Gardiner, Stern, Clark

NOES: None

Motion to waive full reading.

Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all Council Members after the reading of the title.

Annual Agreement Renewal for Non-Exclusive Commercial Refuse Collection and Disposal Services for 2005 (1301)

Authorized the Mayor and the City Clerk to execute one-year non-exclusive commercial refuse collection and disposal services agreements with the following companies: Ace Roll Off Rubbish Service, Inc.; BFI Waste Systems of North America, Inc.; California Waste Services; CalMet Services, Inc.; Consolidated Disposal Service, LLC; Easy Roll Off Services; EDCO Disposal Corporation; JJK Roll-offs, Inc.; S & H Disposal Company; United Pacific Waste & Recycling Services; Universal Waste Systems, Inc.; USA Waste of California dba Waste Management; and, West Coast Waste & Roll Off Service.

Gifts for Parks (1201)

Removed from the Consent Calendar. (See below.)

Grant for Radar Speed Trailer and Driver Feedback Signs (1502 x 1204)

(1) ADOPTED RESOLUTION NO. 2004-107, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2004-45, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2004-05, FOR A BUDGET ADJUSTMENT TO THE CITY’S TRAFFIC MANAGEMENT PROGRAM, (2) Awarded a contract under the provisions of Municipal Code 2.44.140 (d) to Pacific Lighting Sales, Inc. to obtain a radar speed trailer and two driver feedback signs at a cost of $26,400 and authorized staff to spend an additional $2,600 for possible additional work or unforeseen conditions for a total authorization not to exceed $29,000; and, (3) Authorized the Director of Public Works to enter into a purchase agreement with Pacific Lighting Sales, Inc. for an amount not to exceed $29,000.

Second System Performance Audit of 2000 Cable Television Franchise Agreement (605)

Continued Second Cable Television System Performance Audit to February 1, 2005.

Register of Demands

ADOPTED RESOL. NO. 2004-108, 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.

# # # # # #

REMOVED FROM CONSENT CALENDAR:

Gifts for Parks (1201)

Councilman Wolowicz advised there are members of the community who provide gifts to the City to assist various programs, saying this particular donation is being made for the Palos Verdes Interpretive Center. He indicated there are many wonderful gifting opportunities within the community and recommended that anyone who is interested should call City Hall or look on the City’s website to find out what programs are available. He expressed gratitude to all those who provide donations.

Councilman Long echoed this sentiment. He remarked he is certainly grateful to the Long Family Foundation adding, although they are not relatives, they certainly make the name sound good.

Councilman Wolowicz moved, seconded by Councilman Stern, to Accept the Gifts for Parks donations and directed staff to prepare letters for the Mayor’s signature expressing the Council’s thanks and appreciation to the donors.

PUBLIC HEARINGS:

General Plan Amendment Initiation Request (ZON2004-00511) Location: 27 Rockinghorse Road [Applicants: Steven and Lori Nolls] (701 x 1203)

Councilman Gardiner recused himself from the Public Hearing.

Mayor Clark declared the Public Hearing open.

Associate Planner Schonborn provided a PowerPoint presentation of the staff memorandum of December 21, 2004.

Councilman Stern inquired how the property came to be zoned Open Space Hazard.

Director Rojas explained that, when the City created its first zoning map, an attempt was made to place most of the canyons into the Open Space Hazard or OH zoning district, resulting in very broad lines being drawn that captured some of the level building pads where the residences are located, such as this property and others, which were previously developed under the County.

Mayor Clark inquired if there are adjacent properties that could be addressed as the City corrects the zoning for this particular parcel.

Associate Planner Schonborn advised that other property owners in the area have expressed interest in becoming part of this application if it moves forward. He indicated, in recognition of similar issues with adjacent properties, it might be appropriate for Council to consider an area rezoning designation.

Edward Lassiter, Rancho Palos Verdes, stated he has lived in a house at 49 Rockinghorse Road for 30 years and only recently became aware of the OH designation, noting there are six additional properties – 25, 31, 49, 49-1/8, and 49-1/4 – also affected by this zoning designation some of which have had houses on them for 50 years. Using the illustration of a PowerPoint map, he indicated he believes the City’s intention was that structures not be built on the steep slopes in the canyon, saying, if the map could be redrawn to change the boundary lines, it would achieve the City’s purpose and not diminish the values of the existing properties.

Councilman Stern mentioned the application relates only to the property at 27 Rockinghorse and, noting there are other individuals with a similar interest and there would be some economy in providing a single analysis of the area, inquired if there is a mechanism, which could accommodate all the properties at one time.

Director Rojas commented that once approval is obtained, staff envisions working with the residents to provide one geology report.

City Attorney Lynch suggested a joinder would be appropriate to consolidate all parties wishing to be involved.

Stan Rinehart, Rancho Palos Verdes, voiced support for staff’s recommendation, saying there was obviously a mistake made when the map and boundaries were drawn. He requested that the city provide coordinates of the OH Zone to assist with construction certifications and suggested that it would be beneficial to have the zone boundary follow the Dodson Trail.

Steven Nolls, Rancho Palos Verdes, echoed support for staff’s recommendation and indicated he is present to also provide representation for 25 and 31 Rockinghorse Road. He queried how the process of reviewing properties affected by the OH designation would proceed.

Director Rojas responded that if Council provides the authorization to proceed, staff would work with the neighbors to make sure all interested parties are included and, once that determination is made, the process can move forward in a consolidated manner.

Mayor Clark closed the Public Hearing.

Councilman Long moved, seconded by Councilman Stern, to Allow the applicant to submit the necessary applications and proceed through the review process for a proposed change in the General Plan Land Use Designation for the subject site from Natural Environment/Hazard to Residential (1 to 2 dwelling units per acre) and a proposed change in the zoning from Open Space Hazard (OH) to Single Family Residential (RS-2). The proviso was added that staff contact potentially affected properties in the area and invite those property owners to join in the application at their option.

Councilman Stern queried if similarly situated homeowners from that neighborhood will be responsible to share the cost.

Director Rojas indicated those wishing to join will be expected to share the cost since geology reports will be required of everyone involved.

City Attorney Lynch advised that some properties might end up with a split designation, that is, two zoning designations on the same property.

Mayor Clark queried why the City has not addressed these land use discrepancies before.

Director Rojas explained that similar issues exist throughout the City but, because substantial geology reports and analyses are required, it has been left to individual homeowners to initiate action, saying many property owners understand they are in an OH zoning district, but have no issue with that since they are not proposing any major changes to their property. He noted the City has been proactively moving in the direction of eliminating these zoning discrepancies but it is a massive undertaking.

The motion carried without objection.

Mayor Gardiner rejoined the meeting at 7:49 p.m.

Proposed 2005-2006 Community Development Block Grant (CDBG) Program. (601 x 1204)

Mayor Clark declared the Public Hearing open.

With no staff report being requested and no members of the public asking to comment, Mayor Clark closed the Public Hearing.

Councilman Stern moved, seconded by Councilman Gardiner, to (1) Conduct a public hearing to receive citizen input on the proposed 2005-2006 Community Development Block Grant (CDBG) Program; (2) Approve the proposed CDBG projects and budget; and, (3) Authorize the Director of Public Works to execute agreements for CDBG projects with the Los Angeles County Community Development Commission. (4) Staff to notify Council regarding possible appropriate use of funds such as Prop. "A", CDBG or Measure "A".

Mayor Clark inquired if a portion of the funds could be appropriated to the Tarapaca storm drain emergency action.

Director Allison answered they cannot because this would not fulfill the eligible activities in Exhibit A of benefiting a low- or moderate-income person in a blighted area or meeting a particularly urgent community development need. He indicated the only area in the City that qualifies as blighted is the Portuguese Bend landslide area.

Mayor Clark asked if any of these funds could be reserved now to contribute towards a potential senior center in the future.

Director Allison replied that would be an eligible use since seniors fulfill one of the three categories required, but there are challenges to doing that because it is difficult to put aside more than a year’s worth of funds for a program and such accumulation has created a problem for the City in the past.

City Manager Evans reminded the Council that the City sold off these same types of funds last year because the projects they were allocated for were not prepared to move forward and the funds can only be held for 18 months.

Mayor Pro Tem Wolowicz, remembering a similar issue with CDBG funds arising about this time last year, requested that staff inform Council of any possible nexus for CDBG or Prop. A funds whenever deliberations on new projects take place.

The motion carried on the following roll call vote:

AYES: Wolowicz, Long, Gardiner, Stern, Clark

NOES: None

Reconsideration of the Decision on the Appeal of Conditional Use Permit No. 230 (ZON2004-00453) Location: 26708 Indian Peak Road [Appellant: James Kay]. (Continued hearing from November 16th Meeting.) (1801)

Senior Planner Fox provided a summary report of the staff memorandum of December 21, 2004.

Councilman Long indicated he did not understand how the City could make the finding that the proposed use as conditioned is not contrary to the General Plan when the General Plan indicates the area is zoned for residential use, and the property is not now nor has it ever been used as a residence since it has been owned by the applicant.

Councilman Stern queried why the language in Finding 1D, "The existing antennae are visible from homes across Indian Peak and Fond du Lac Road below," was stricken from the resolution when that statement remains as a fact.

City Attorney Lynch responded that the language was stricken inadvertently with the sentence that followed it and that it could be reinserted.

Councilman Stern indicated he believed the applicant should be given 90 days to come into compliance once the resolution was adopted, not the six months recommended by staff since many of these conditions were contained in the original resolution of 2002.

Donna Shen, Schmitz Associates, representing the applicant, James Kay, provided documents to Council members and began with a story to illustrate the applicant’s primary objection to many of the conditions as being excessive or "overkill." She indicated staff basically has three objectives: to ensure minimal impact to the adjacent residential community, to ensure maintenance of the subject property, and to further the goals and policies of the General Plan, saying within each of these objectives numerous conditions have been place. She indicated the applicant respectfully requests Council’s approval of the following suggested modifications and deletions to the conditions:

Conditions 2 and 10 should be modified to allow unlimited radiating elements from each mast within an imaginary vertical 4-foot cylinder since these elements are not really visible and often do not extend to two feet.

Condition 7 should be removed since building permits are not required for the antennas and the drawings have been submitted and are part of the CUP file.

Condition 9, while there is no argument with the requirement to maintain the approved antennae a neutral color, the language reserving the discretion of the Director to revisit the issue and reevaluate the color provides too much discretion over an unlimited period of time. Instead, what is considered neutral should be defined and a color palette should be provided.

Condition 11, the horizontal support structure being permitted needs to be specifically identified as one of the structures permitted to remain.

Condition 12 should be modified to allow maintenance during legal business hours pursuant to the Municipal Code: 8:00 a.m. to 5:00 p.m. Monday through Saturday, and should specifically exclude maintenance of amateur antennae.

Condition 13 should be modified to clarify if the intent is actually to prevent a fleet of service vehicles from parking on the street overnight 24/7.

Condition 14 is unnecessary because the CUP explicitly identifies that five antenna masts, support structures, and some radiating elements are being allowed. Since it does not differentiate between commercial and amateur antennae and Council approval is not required for amateur antennae, it should be removed.

Condition 15 should be modified to allow noise in excess of 65 dBA between the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday since it is more restrictive than what is allowed by the Municipal Code.

Condition 16 should be modified to allow the applicant to place holiday lights on the rooftop, if he so desires.

Condition 17 is unnecessary and should be removed because the applicant must already comply with FCC regulations and it is not within the City’s jurisdiction to regulate.

Condition 18 should be removed since the Municipal Code provides the necessary safeguards to ensure the property is maintained in a neat and orderly fashion.

Conditions 19 and 20 interfere with the applicant’s right to use the house as a secondary residence and should be modified to allow installation of immediate response security and fire alarm systems in lieu of habitation of the house.

Condition 22 should be modified so the City does not retain authority to add, delete, or modify the conditions or revoke the permit in six months but only require the applicant to comply with the conditions as imposed.

Condition 25 should be removed because the FCC licensed frequencies are available to the public on the FCC’s website.

Councilman Gardiner indicated the opinion and order of the Court implied that all antennae were going to be used for commercial purposes and asked how Council should distinguish between commercial and amateur as is being requested in reconsidering Condition 14.

Ms. Shen answered that the applicant’s position is that, pursuant to the Municipal Code, if he were genuinely utilizing any one of the five antennas as amateur, he should be allowed to maintain and expand that without seeking Council’s approval.

Councilman Stern queried why Condition 13, relating to the number of service vehicles, is unreasonable.

Ms. Shen indicated that the City is requiring a residential use of the property and that requiring service vehicles to be parked off street will impede residential use of the driveway and garage.

Councilman Stern remarked he was surprised by Ms. Shen’s comment about Condition 25 because, on one hand, Council was told the information is public record and available on the FCC’s website and, on the other, Mr. Kay’s attorney objected because it is "necessary to prevent {him} from being placed at a competitive disadvantage with respect to his business." He requested clarification of the applicant’s actual complaint.

Ms. Shen stated she cannot respond to the attorney’s position but it is an unnecessary requirement since the information is readily available elsewhere.

Councilman Stern, noting there is no objection to the limited hours for maintenance of the commercial antennae but there is to limitation of the amateur use, he indicated they are the same thing, so he does not follow that rationale.

Ms. Shen noted the applicant also objects to the condition limiting maintenance of the commercial antennae, saying the request is for legal business hours for the commercial and no limitation for the amateur as provided in the Code.

Councilman Long asked if Ms. Shen could provide evidence that any of the antennae at the facility have ever been employed for amateur use.

Ms. Shen indicated she did not have evidence with her, but it is her understanding there was amateur use at one time.

Councilman Long indicated the gist of Ms. Shen’s presentation is Mr. Kay objects to a number of the proposed conditions as unreasonable because they address things outside the scope of the City’s Code and/or they are covered by other regulations. He stated that, in essence, that could apply to all conditions attached to any CUP.

Recess and Reconvene: Mayor Clark recessed the meeting at 8:48 p.m. and reconvened the meeting at 8:56 p.m.

Councilman Stern indicated that staff recommended a modification to Condition 9, allowing the antenna to be left in its current neutral color, and queried why the applicant is objecting to this.

Ms. Shen responded that the uncertainty factor is what is deemed objectionable, saying the applicant is seeking a clear definition of what is considered neutral as well as not allowing for further and further review of the issue.

Mayor Clark requested clarification of Condition 2, saying he did not understand Ms. Shen’s presentation and its relationship to Mr. Kay’s discussion of a need for the designation of "imaginary vertical cylinders" thirty feet tall and four feet in diameter.

Ms. Shen explained the request is essentially that he be allowed more than the four radiating elements on the mast, saying the applicant’s characterization of the cylinder has created some miscommunication.

Councilman Gardiner remarked the dilemma for him is that, instead of a mast with four, two-feet elements protruding, the applicant wants an unlimited number of elements in any direction; so rather than having five masts with four elements each, there would be 20 lineal feet of absolute blockage created by an unlimited number of elements radiating in any direction.

Ms. Shen said her understanding was that the radiating elements are usually not twenty feet but are generally two feet or less.

Mayor Clark indicated his understanding was that Mr. Kay is requesting more from the City than what the Court ordered and asked why the City Council at this point in time would modify the Court’s decree with respect to the structures permitted.

Councilman Stern echoed the Mayor’s position, saying he did not know why this Council would even entertain that idea. He quoted from the Court’s order and opinion that "there was substantial evidence contained in a written record of valid aesthetic reasons for denying Kay's request that would have been sufficient had Kay not already received permission to have the five amateur mast structures," saying he finds it disturbing that the applicant is now requesting something different when the Court seemed to base much of its decision on the fact of preexistence.

Councilman Long inquired about what the system is powered by and if there is an alternate power source on site.

Ms. Shen indicated that she did not know.

Glenn McRoberts, Trutanich and Michel, representing the applicant, James Kay, indicated Mr. Kay’s overall objections are that there is no real nexus between many of the conditions and the use being permitted, which is a change in frequencies on the existing antennae; the fact that many of the conditions are covered elsewhere in the Code; and, the fact that, in order to exercise his federal right to use commercial frequencies on his five existing antennae, he is being bogged down with CUP conditions which can readily be addressed through the City’s normal course of actions. He explained that, unlike a neighbor whose lawn is overgrown or whose house becomes unsightly, what happens to Mr. Kay if he is cited by the City for some violation and a dispute ensues, is that, during that dispute and/or any subsequent appeal, he might be compelled to cease operations and stop his business, which places him not in the same situation as that neighbor but imposes the added burden of lost earnings while debating zoning matters unrelated to his commercial activity.

Mayor Clark asked if the speaker saw any distinction between his client and the surrounding neighbors with respect to their uses of property in a residentially zoned area.

Mr. McRoberts answered that his client has five antennae on his roof that he wants to use for commercial purposes.

Mayor Clark responded, asking it this use of residentially designated property for commercial purposes did not create legitimate concerns, which require a reasonable Conditional Use Permit.

Mr. McRoberts agreed that the conditions related to the equipment, the number of antennae, their height, and items with a nexus to the actual permitted use are reasonable, but things such as landscaping and painting seem unrelated to the frequencies emanating from the antennae.

Mayor Clark remarked that one of the conditions considered objectionable is occupancy of the home which Mr. Kay’s representative had volunteered as appropriate as part of the CUP approval when the matter was before the Planning Commission previously.

Mr. McRoberts agreed that that had occurred, but noted at a subsequent meeting that same representative apologized for overstepping his bounds due to a misunderstanding of Mr. Kay’s position on the matter. He indicated the home is currently ready for occupancy, but Mr. Kay wants to retain the option of whether to rent the home or use it as a second residence.

Councilman Stern remarked that the Court ordered that the permit to use the five mast antennae structures for commercial purposes be issued subject to "reasonable conditions," saying he remained unconvinced that anything in the conditions is unreasonable.

Mr. McRoberts reiterated that the issue of unreasonableness is directly related to the fact that many of them are unnecessary. He illustrated that requiring all vehicles to park in the driveway may not be unreasonable but it is completely unnecessary, and Mr. Kay resents being manipulated by the imposition of conditions that others are not forced to comply with. He explained that the antenna system is passive, there are no employees on site, and no business, per se, is being conducted there. He stated one thing he believes gets overlooked in all this is the fact the antennae are not eight-and-a-half feet from the rooftop and are not as obtrusive as some other antennae in the neighborhood.

Mayor Clark queried why the applicant did not voluntarily remove the additional antennae after the Court decreed he be allowed to retain only five, saying there are currently 17 on the roof some of which were added during the original permit hearing before the Planning Commission.

Mr. McRoberts replied the applicant believed there might be lengthy debate about the conditions and perhaps an agreement could be reached in the interim that if he removed the additional 12 antennae arrangements could be made to allow him to operate commercially while the conditions were negotiated.

City Attorney Lynch confirmed there had been discussions along that line but no final agreement had been reached.

Mayor Pro Tem Wolowicz explained that the City is tackling new ground by upholding its responsibility to protect its residents while allowing a business to be conducted in their neighborhood, saying that the operation of a small business from someone’s home is a very different scenario from having 17 antennae on one’s roof.

Mr. McRoberts suggested that eliminating some of the conditions with no nexus to the facility’s actual use would lessen the likelihood of the matter’s reappearing before the Court, and requested Council take that into consideration in the interest of saving time and money.

Councilman Stern remarked that the applicant has challenged some of the conditions in the original CUP Resolution as part of his litigation and the Court has made a decree. He asked why Council should revisit any of the conditions the Court did not find objectionable.

Mr. McRoberts explained the Court did not specifically address the conditions or reflect them in her opinion but did frown upon some -- such as the residency requirement. He indicated, if that condition is allowed to remain and the matter returns to court, the City will most likely lose on that point, adding there were also two or three things contained in the conditions that were rejected in the Abrams matter which Council might also consider removing.

Mayor Clark declared the Public Hearing closed.

Councilman Gardiner inquired how many conditions were placed on the Abrams matter.

City Attorney Lynch indicated that there were roughly the same number of conditions and her recollection was that the Court upheld all but four.

Councilman Gardiner verified that approximately 14 of 18 were upheld in the Abrams case and in this case the applicant is requesting 11 of 26 be eliminated, saying the City is not treating this applicant substantially differently from others in the same category.

City Attorney Lynch advised that it is important to note the City has routinely imposed conditions limiting noise, hours of operation, delivery hours, et cetera to make it more compatible when there is a commercial use next to a residential neighborhood. She recommended amending Condition No. 19 by removing the requirement for an outside maintenance contractor.

Councilman Gardiner queried if the City has any rules, regulations, or ordinances governing the obligation of an owner to reside in a residence where a business is being conducted.

City Attorney Lynch advised that is regulated in the Home Occupation Section of the Code.

Mayor Clark asked if there are any residential properties in the city currently being used for commercial purposes that are not occupied as a residence, noting his understanding is the underlying premise of the City’s Zoning Code is that residential properties are expected to be occupied as residences.

City Attorney Lynch indicated that the City is aware of no businesses being run from residential properties that are not occupied as residences by the owner or a tenant.

Councilman Stern recommended that the language struck from Paragraph 1D, "The existing antennae are visible from homes across Indian Peak Road …" remain; that the language in Paragraph 1F referring to the use being consistent with the General Plan be removed, saying he does not believe it is consistent with the General Plan but rather the City is under Court order to issue the CUP.

Councilman Long indicated that the phrase in Paragraph 1F, "and to ensure that the proposed use is consistent with the General Plan," should also be removed and suggested a finding be made that the use is contrary to the General Plan by saying something to the effect that the proposed use as conditioned is contrary to the General Plan but the City Council has been ordered by the District Court to permit it.

Councilman Stern recommended striking the language, "to the City’s knowledge," in Paragraph 1F, saying the City made a correct finding of fact that the house has never been occupied since the applicant purchased it; that the review period be reduced from six months to 100 days; that staff’s more lenient revision of Condition No. 9 be adopted with the following language included at the end: "In the event the Director of Planning, Building and Code Enforcement shall require the applicant to paint any portion of the antenna support and array, the applicant shall provide the Director with a selection of possible colors for approval prior to the painting of any portion of the antenna support structure and array."

Councilman Stern continued by recommending that the language in Condition 16 regarding illumination be modified to say, "in the event that the applicant shall be required by the FAA, in order to comply with the provisions of whatever regulations, to illuminate any portion of the roof-mounted antenna support structure, the applicant may seek a modification of this provision from the Director of Planning, Building and Code Enforcement."

City Attorney Lynch reiterated her recommendation to change Condition 19 to eliminate the reference to the outside gardening service and suggested allowing 120 days for the applicant to come into compliance.

Councilman Long recommended deleting from Paragraph 4 on circle Page 6 the phrase, "and the local zoning authority reserved to the City of Rancho Palos Verdes by the Telecommunications Act of 1996," and returning the number of service vehicles permitted from three to two as provided in the original Condition 13.

Councilman Long moved, seconded by Councilman Stern, to ADOPT AS AMENDED RESOLUTION NO. 2004-109, CONDITIONALLY APPROVING CONDITIONAL USE PERMIT NO. 230 (PLANNING CASE NO. ZON2004-00453), AS AMENDED, PURSUANT TO AN ORDER OF THE UNITED STATES DISTRICT COURT.

The motion carried on the following roll call vote:

AYES: Wolowicz, Long, Gardiner, Stern, Clark

NOES: None

PAUSE TO CONSIDER REMAINDER OF THE AGENDA

The Council discussed how best to proceed with the remaining items on the Agenda.

Mayor Pro Tem Wolowicz suggested delaying Item No. 13, the Five-Year Financial Model, given its extensive nature.

Councilman Long agreed and advised staff he will have questions regarding changes in the budget for litigation costs, specifically what, if any, portion of those costs might be reimbursable through the Joint Powers Insurance Authority since he understands a member city on the Peninsula is having similar litigation issues and its defense costs are being covered by the same JPIA which has declined to reimburse Rancho Palos Verdes’ costs.

Moved by Mayor Pro Tem Wolowicz, seconded by Councilman Long, to continue Item No. 13 to a subsequent meeting.

CITY COUNCIL ORAL REPORTS:

Council members Stern, Long, Gardiner, and Wolowicz indicated they each met with Mr. Dyda during the previous week to discuss matters relating to the proposed senior center on the Crestridge property

Mayor Pro Tem Wolowicz attended the Regional Chamber event recognizing past members of various City Councils on December 9th and also represented the City at the Hanukkah Menorah lighting ceremony of the Chabbad Jewish Center. He solemnly advised that on December 17th a well-known and very active member of the community Mrs. Shirley Bender succumbed to her battle with cancer. He remarked that his neighborhood and Rancho Palos Verdes are greatly saddened by her loss but their lives have been enriched by her example and her tireless devotion on behalf of this community.

Mayor Clark taped a holiday message on behalf of the City and the Council on December 12th at Cox studio and attended the Peninsula Mayors’ luncheon on December 15th.

REGULAR NEW BUSINESS:

Mayor’s Appointment of City Council Members to Intergovernmental Organizations and Associations (306)

Mayor Clark made appointments as follows:

Organizations Delegate Alternate

City Selection Committee Clark Wolowicz

League of CA Cities L.A. Division Clark Stern

So. CA Assoc. of Govts. (SCAG) Long Wolowicz

So. Bay Cities Council of Govts. (SBCOG) Clark Wolowicz

So. Bay COG Transportation Oversight

Subcommittee Wolowicz Long

Sanitation Districts (Dist. No. 5 and So. Bay) Clark (None)

CA Joint Powers Insurance Authority (CJPIA) Long Stern

Contract Cities Long Wolowicz

Chambers of Commerce All Council members

Santa Monica Bay Restoration Commission Long Stern

Palos Verdes Transit Authority (PVTA) Wolowicz Gardiner

Peninsula Regional Law Enforcement Wolowicz Stern

West Basin Water Association Stern Gardiner

MAX Policy Steering Committee Stern Wolowicz

L.A. County West Vector Control District Stern (None)

Ad Hoc Committees Delegate Alternate

Finance Format Reporting Wolowicz Gardiner

Open Space Acquisition Clark Stern

Cable TV Franchise Gardiner Stern

Residential Development Standards Long Wolowicz

Community Forum/Foundation Wolowicz Gardiner

Standing Committees Delegate Alternate

School District Liaison Gardiner Long

Council Liaison to Ocean Trails/Long Point Clark Stern

Council Liaison to Crestridge/Seniors Project Clark Wolowicz

Liaison Assignments Delegate Alternate

L.A.X. Community Noise Roundtable Clark Long

Mayor Clark noted that the list contained a new standing committee be formed to help focus attention on the Crestridge project and its implications from a seniors’ community standpoint and suggested that he and the Mayor Pro Tem be given that assignment as delegate and alternate respectively.

Amendments to the Planning, Building, and Code Enforcement Department’s Personnel (1202 x 1203)

Councilman Stern moved, seconded by Councilman Gardiner, to (1) Amend the existing Services Agreement with Charles Abbott Associates to eliminate the services of a City Building Official, include the issuance of additional permits into the scope of work, and extend the term of the contract an additional 2 years to June 30, 2007; (2) ADOPT RESOLUTION NO. 2004-110, CREATING A CERTAIN SALARY RANGE FOR THE NEW POSITION OF CITY BUILDING OFFICIAL; (3) Terminate the existing Services Agreement with Willdan for view restoration staffing services, while allowing for an adequate transition period; (4) Approve the addition of a Senior Planner and Associate Planner to the full-time staffing of the Planning, Building and Code Enforcement Department to administer the Department’s view restoration program; and (5) Authorize Staff to initiate the recruitment for said new positions.

Mayor Clark queried why staff is recommending the extension of the Charles Abbott Associates contract an additional two years, saying his preference would be to promote competitive bidding rather than sole source extension of contracts.

Director Rojas explained that Charles Abbott has proven their ability to provide service to the City by being flexible. He indicated they have rebated money to the City for some staffing services being shared with Palos Verdes Estates and when the City bid this contract out previously it was determined their costs for services were very competitive and the City is actually getting a very good deal.

City Manager Evans advised that some significant changes are being made to Planning, Building and Code Enforcement which will make it more convenient for people coming in to obtain permits, saying Charles Abbott Associates has been honest and straightforward; and he is more comfortable maintaining a firm that knows how the system works rather than changing everything at the same time.

Mayor Pro Tem Wolowicz mentioned that an e-mail had been received from the Chairman of the Traffic Committee expressing concern about termination of the Willdan contract.

City Manager Evans explained it has become far too expensive to continue to utilize Willdan, saying the City can save nearly $100,000 a year by terminating the existing agreement. He indicated there is a good possibility that some of the people currently doing the job can be hired on as City employees and Willdan has agreed to allow some of their employees to remain during the transition period.

General Plan – Program for Completing the Update. (701)

Councilman Gardiner moved, seconded by Councilman Long, to (1) Direct Staff to proceed with drafting proposed amendments to the General Plan Goals and Policies as recommended by the General Plan Update Steering Committee for future review by the Planning Commission and City Council; (2) Direct Staff to proceed with an update of the factual information within the General Plan for future review by the Planning Commission and City Council; (3) Direct Staff to proceed with the proposed improvements to the general format of the General Plan and the mandatory elements for future review by the Planning Commission and City Council in order to make the Plan more user friendly; (4) Direct Staff to release an RFQ to obtain consultant assistance with updating portions of the General Plan; and (5) Disband the General Plan Update Steering Committee.

Tom McFadden, Rancho Palos Verdes, as president of Marymount College, commended the Steering Committee for their work over the last two years, saying they provided him and other representatives a chance to register concerns about changes affecting institutional property owners that are being introduced into the draft General Plan. He noted one item of particular concern was a position expounding that not for profit institutions pay no taxes, contribute very little to the City and, as a result, are a burden. He informed the Council that not for profit institutions such as churches, synagogues, private schools, retreat centers, art centers, and homes for seniors play an important roll in every city, adding he trusts the General Plan in its final form will reflect support for these institutions. He noted he would be remiss if he did not mention one particularly significant contribution Marymount College has made to Rancho Palos Verdes, an alumna being honored for her outstanding service to the City – Ms. Jo Purcell. In closing, Mr. McFadden stated that representatives from institutional property owners in the City look forward to working with the City Council and the Planning Commission to enhance the General Plan.

Councilman Wolowicz inquired if there is a particular section containing language that should be addressed and, if so, if that could be forwarded to the Planning Commission for review.

Mr. McFadden responded there are several sections that he will be happy to submit to the Planning Commission for their consideration.

Ken Dyda, Rancho Palos Verdes, remarked he was pleased Council provided the Steering Committee copies of both the 1974 goals report and the 2002 update to utilize during their deliberations. He emphasized it is crucial that those goals always be kept in mind because they reflect the voice of the residents of Rancho Palos Verdes to whom this great city belongs.

Jack Karp, Rancho Palos Verdes, commended Greg Pfost for his excellent service and outlined the process the Steering Committee used to arrive at the General Plan revisions being recommended. He informed the Council that numerous meetings were held and oral reports and written commentaries from concerned citizens were considered; each item was discussed then referred to subcommittees where they were further discussed in publicly noticed hearings; every item was voted on a least three times through the public hearing process; there was lengthy debate with a great deal of public input on both sides and many discussions were held and decided with 15 people often voting 8 to 7, so it was never a unanimous rubber stamping of ideas but a full, fair, and open debate process resulting in compromise.

Mayor Pro Tem Wolowicz indicated there were many different very high-quality individuals from the community on this Committee, and he expressed gratitude for everyone’s participation and dedication.

2004 Five-Year Financial Model – Revision 2 (602)

(1) Continued item to January 4, 2005; (2) Directed staff to find out if CJPIA will cover litigation expenses on certain cases.

Repair of the Tarapaca Storm Drain (604 x 1204)

Councilman Stern briefly commented he is troubled that the City once again finds itself in the position of dealing with an emergency. He indicated one lesson he knows this particular Council has learned is that attention must be given to the City’s infrastructure and he is pleased to acknowledge that processes are moving forward to determine the condition of that infrastructure and the best ways to maintain it to avoid future emergency expenditures.

Mayor Clark remarked that Councilman Stern’s excellent points are echoed by the entire Council, saying this body is intent on taking a proactive rather than reactive stand in terms of the City’s infrastructure renewal.

Councilman Wolowicz requested clarification that the funding is already provided for in the budget.

Director Allison verified that Council previously approved a $300,000 line item for miscellaneous drain repairs with the idea that its exact use would be determined sometime in the future.

Councilman Stern moved, seconded by Councilman Long, to (1) Find that an emergency exists which will not permit a delay for the competitive solicitation of bids and that the actions taken below are necessary to respond to the emergency; (2) Approve plans for the construction of a new outlet structure; (3) Authorize the Director of Public Works to approve a Change Order to an existing contract with Hardy and Harper Inc., to reconstruct the storm drain outlet; (4) Authorize the Director of Public Works to negotiate a contract to line the Tarapaca Storm Drain, an existing corrugated metal storm drain facility; (5) Authorize the Mayor and City Clerk to execute a contract to line the Tarapaca Storm Drain; (6) Adopt the Notice of Exemption for the repair of the Tarapaca Storm Drain and direct staff to post notice of this action as required by law; (7) Authorize the Director of Public Works to obtain needed engineering and inspection services from DMC Engineering with the contract for on-call professional services; and, (8) Authorize the expenditure of up to $95,000 for the items of work listed above, as provided in the adopted Capital Improvement budget for Miscellaneous Drainage Improvements and the Storm Drain lining program.

The motion carried on the following roll call vote:

AYES: Stern, Long, Gardiner, Wolowicz, Clark

NOES: None

Interview Schedule: Membership on the Traffic Safety Commission, Planning Commission Vacancy, Committee/Commission Chairs, and Leadership Workshop. (106)

City Manager Evans provided a brief summary of the staff memorandum of December 21, 2004.

Councilman Gardiner moved, seconded by Mayor Pro Tem Wolowicz, to (1) Interview candidates for committee/commission chairs on February 1; 2004; (2) Conduct interviews during the 6:00 p.m. to 7:00 p.m. time frame before the February 15 and March 1, 2005 City Council meetings for interviewing candidates for Planning Commission, Traffic Safety Commission and Finance Advisory Committee.

City Council Meeting Dates (307)

The Council members checked their schedules, discussed possible dates for upcoming meetings, and decided as follows:

The second City Council meeting in January was rescheduled for Monday, January 24; 2005.

Budget Meetings And Community Leaders’ Breakfasts Schedule For 2005. (307)

(1) Set Saturday, January 29 as date for Tactical Planning Workshop; (2) Set Saturday, February 26 at 9:00 a.m. and Saturday, March 12 at 9:00 a.m. for Budget Policy Issues Workshop dates; and, (3) In late January 2005 Council will set date for Community Leaders' Breakfast meetings.

COUNCIL DISCUSSION OF FUTURE AGENDA ITEMS & SUGGESTION OF FUTURE AGENDA ITEMS:

None.

CLOSED SESSION REPORT:

City Attorney Lynch advised that no action was taken with respect to either item.

ADJOURNMENT:

Mayor Clark formally Adjourned the meeting at 11:01 p.m. to Monday, January 24, 2005 at 7:00 p.m. at Hesse Park.

_______________________

Mayor

Attest:

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City Clerk