City Council Minutes 06/06/2000 RPV, City, Council, Minutes, 2000, Meeting RPV City Council Minutes for the 06/06/2000 Meeting JUNE 6, 2000

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

JUNE 6, 2000

 

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 pro tem Byrd stated that there was a new section on the Cityís 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 pro tem 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 Developerís 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 Councilmember 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 yearís report would indicate more accomplishments in open space preservation.

Councilwoman Ferraro, seconded by Councilmember 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 pro tem 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 prepared but she objected to the Abalone Cove Beach Improvements. 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.

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 Wayfarerís 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 Ė 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 Ė Home Improvement Program Ė Fiscal Year 2000-2001 (1204 x 601)

(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 Boardís 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 Cityís 1999 Annual Report on the Rancho Palos Verdes General Plan to the State Governorís 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)

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 Mayorís signature expressing the Councilís 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 CITYíS APPROPRIATION LIMIT FOR FY 2000-01.

FY 2000-01 City Investment Policy (602)

Adopted and filed the FY 2000-01 investment policy.

April 2000 Treasurerís Report (602)

Received and filed the April 2000 Treasurerís 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. 2000-31, 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

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 Councilís decision and would be free to contact an attorney if she wished to take further action.

Mayor pro tem Byrd confirmed that the Councilís action did not affect Mrs. Leeís 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 removing 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 Trailsí Habitat Conservation Plan for the Cityís 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 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 Ė 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, 1999, 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 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.

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 mitigation, as opposed to Abalone Cove, if additional habitat mitigation area is needed 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 25í from the bluff; and, the irrigation plan being review and approved by the Cityís 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 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.

Councilmember 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 Engineerís 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 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 Mayorís call for testimony, he declared the hearing closed.

Councilman Stern moved, seconded by Councilmember Lyon, to ADOPT RESOLUTION NO. 2000-32, 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 Commissionís 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. Abramsí attorney, 10100 Santa Monica Boulevard, #2460, Los Angeles, CA 90067, stated that Mr. Abramsí 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. Abramsí 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 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. Abramsí service operating on the Peninsula; and, what specific service does Mr. Abrams provide.

John P. Kemper, Mr. Abramsí 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. Abramsí property compare with the height of possible alternate sites; are there gaps in Mr. Abramsí service from his property; how does the Federal law affect the Cityís ability to regulate antennas; will Mr. Abramsí need additional antennas in the future; how long did Mr. Abramsí broadcast from the mobile tower on his property; and, does Mr. Abramsí 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. Abramís Telecommunications Attorney, 5101 Wisconsin Ave., N.W., Suite 307, Washington, D.C. 20016, described his experience and qualifications. 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 Nextelís 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 Cityís 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. Abramsí 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. Abramsí 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 (1101 x 602)

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 meeting held earlier in the evening: (1) Authorized $30,000 ($10,000 for a traffic board and $20,000 for increased traffic enforcement for a six-month period/) 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 Mayorís 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

Councilmember Lyon and Mayor pro tem 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 Mayorís miscellaneous expenses in the FY 00-01 budget.

Councilmember Lyon moved, seconded by Councilman McTaggart to ADOPT RESOLUTION NO. 2000-34, 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 Developerís Compliance with the Ocean Trails Development Agreement and Current Conditions of Approval (1203 x 1411)

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.

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) (1203 x 1103 x 1801)

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 16th Meeting.)

Councilmember Lyon moved, seconded by Councilwoman Ferraro, to (1) ADOPT RESOLUTION NO. 2000-35, 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

ADJOURNMENT:

The meeting was adjourned at 12:20 A.M. on the motion of Mayor Byrd.

 

 

_______________________

MAYOR

ATTEST:

 

__________________

CITY CLERK

 

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