M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
REGULAR ADJOURNED MEETING
JUNE 21, 2000
The meeting was called to order at 6:00 P.M. by Mayor Byrd at Fred Hesse Community Park, 29301 Hawthorne Boulevard. After the Pledge of Allegiance, roll call was answered as follows:
PRESENT: Ferraro, McTaggart, Stern, and Mayor Byrd
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.
APPROVAL OF AGENDA:
Councilman McTaggart, seconded by Councilwoman Ferraro, to approve the agenda as presented. Motion carried.
There was no winner from the last drawing since the name drawn was found to be not participating in the recycling program. Another card was selected.
APPROVAL OF CONSENT CALENDAR:
Councilman McTaggart moved, seconded by Councilwoman Ferraro, to approve the Consent Calendar as follows:
Approved the Minutes of May 16, June 6, and June 11, 2000, as amended.
Amendment to Consulting Service Agreement with PMW Associates (1101 x 1203 x 1804)
Approved an amendment to the consulting services agreement with PMW Associates to modify the scope of services and compensation schedule.
Request for Amicus Support for ERAF Reimbursement (1101 x 1501)
Authorized the City Attorney to add the City of Rancho Palos Verdes to the friend-of-the-court brief prepared by Burke, Williams & Sorenson, LLP for the California League of Cities.
Contract to Purchase Replacement Photocopier (1101)
Approved the contract to purchase a replacement photocopier from Oce-USA, Inc. for use in the Planning, Building and Code Enforcement Department.
Award of Three-Year Contract for Audit Services (602)
Authorized the Mayor and the City Clerk to execute the professional services agreement for a 3-year contract for auditing services with Vavrinek, Trine, Day & Co., LLP for an annual amount not to exceed $20,760 for FY 1999-00; $21,450 for FY 2000-01; and, $22,150 for FY 2001-02.
Award Contract for Construction of Hesse Park Playground Equipment (1204 x 1201)
(1) Awarded a contract for Hesse Park Playground Construction to Ryco Construction, Inc. for an amount not to exceed $27,772.00; plus authorize staff to spend an additional $2,228.00 for possible extra work, for a total authorization of $30,000.00. (2) Authorized the Mayor and the City Clerk to execute the contract on behalf of the City.
Resol. No. 2000- 36 - Confirmation of Claim Against the Federal Government for Damages at Pt. Vicente Interpretive Center (1101 x 1204 x 1201)
ADOPTED RESOLUTION NO. 2000-36, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CONFIRMING THE AUTHORITY OF THE CITY MANAGER TO FILE A CLAIM FOR DAMAGE, INJURY, OR DEATH WITH THE UNITED STATES OF AMERICA ON BEHALF OF THE CITY OF RANCHO PALOS VERDES.
Resol. No. 2000-37 - Register of Demands (602)
ADOPTED RESOL. NO. 2000-37, 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
ABSTAIN: Councilman Stern on the Register of Demands for payment to Rescom Overhead Doors, Inc. because he had represented them.
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Resol Nos. 2000- 38, 39, and 40 - Ocean Trails - Repair of Landslide C (1411 x 1203)
Mayor Byrd opened the public hearing on this request to consider resolutions in reference to the repair of landslide C at Ocean Trails. City Clerk Purcell announced that notice had been duly published and that all protest letters were included in the agenda packet.
Senior Planner Pfost presented the staff report of June 21, 2000 and the recommendation to (1) Adopt the proposed resolution CERTIFYING A FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT, ADOPTING A MITIGATION MONITORING PROGRAM, CERTAIN FINDINGS AND FACTS IN SUPPORT OF FINDINGS AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA"), AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS IN CONNECTION WITH THE APPROVAL OF REVISION "L" TO CONDITIONAL USE PERMIT NO. 163 AND GRADING PERMIT 1541 FOR THE REPAIR OF LANDSLIDE C AT OCEAN TRAILS. (2) Adopt the proposed resolution APPROVING REVISIONS TO CONDITIONAL USE PERMIT NO. 163 IN CONJUNCTION WITH REVISION "L" TO THE OCEAN TRAILS PROJECT LOCATED IN COASTAL SUBREGIONS 7 AND 8. (3) Adopt the proposed resolution APPROVING REVISIONS TO GRADING PERMIT NO. 1541 IN CONNECTION WITH REVISION "L" TO THE OCEAN TRAILS PROJECT (VESTING TENTATIVE TRACT MAP NOS. 50666 AND 50667, TENTATIVE PARCEL MAP NOS. 20970 AND 23004 AND CONDITIONAL USE PERMIT NOS. 162 AND 163), LOCATED IN COASTAL SUBREGIONS.
Topics of Council discussion included the impact of stockpiling on the stability of the land; safeguards to protect stability; the fact that drawings received later will provide further stockpiling details; the use of a rock crusher; how the dust from the use of the rock crusher will be minimized; whether it was more advantageous to use crushed rock rather than import soil; alternative actions discussed in the staff report; the extended hours of operation and the construction activities allowed during those times; and, the consequences of not allowing these extended hours.
Brian Schatz, 322 La Rotonda Drive, President of the Ocean Terraces Homeowners, representing 100 homeowners, spoke in support of the proposed plan regarding extended hours because he felt it was in the interest of the City and the residents to complete this project as soon as possible. He was appreciative of concerns for the neighboring residents regarding dust and noise and said that Ocean Terraces was right in the midst of the project and that there had been a few complaints about dust, only one about noise, and that the mowers were extremely quiet. He urged the Council to complete the roadwork, specifically to restore La Rotonda to its original state with street lights.
Teng Li -Ann Lee, 55 Oceanaire, expressed her concerns that another landslide associated with this project might occur.
Ken Zuckerman, One Ocean Trails Drive, noted the large stack of reports written about Ocean Trails which examined in detail the various aspects of this project. He described the landslide repair as it would be performed in six sections, with stockpiling to be done in six increments as the repair work progressed.
Mr. Zuckerman deferred to the experts in determining the benefits of using crushed rock rather than soil for the buttress. He estimated that the repairs would take an additional two months if the extended hours were not allowed, and this would delay repairs into the rainy season and possibly into the gnatcatcher nesting season which begins on approximately February 15th.
Mr. Zuckerman referred to Ocean Trails’ record of being responsible neighbors with respect to noise and dust and said that contractors were being instructed not to warm up their equipment early but turn it on only at the approved start time.
There being no further public testimony, Mayor Byrd closed the public hearing.
Council discussion focused on the advantage of completing the repairs promptly according to the plan presented and the appropriate location of the rock crusher which would be approximately 1600 feet from any residences.
Councilman Stern moved, Councilwoman Ferraro seconded, to (1) ADOPT RESOLUTION NO. 2000-38, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CERTIFYING A FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT, ADOPTING A MITIGATION MONITORING PROGRAM, CERTAIN FINDINGS AND FACTS IN SUPPORT OF FINDINGS AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA"), AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS IN CONNECTION WITH THE APPROVAL OF REVISION "L" TO CONDITIONAL USE PERMIT NO. 163 AND GRADING PERMIT 1541 FOR THE REPAIR OF LANDSLIDE C AT OCEAN TRAILS. (2) ADOPT RESOLUTION NO. 2000-39, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING REVISIONS TO CONDITIONAL USE PERMIT NO. 163 IN CONJUNCTION WITH REVISION "L" TO THE OCEAN TRAILS PROJECT LOCATED IN COASTAL SUBREGIONS 7 AND 8. (3) ADOPT RESOLUTION NO. 2000-40, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING REVISIONS TO GRADING PERMIT NO. 1541 IN CONNECTION WITH REVISION "L" TO THE OCEAN TRAILS PROJECT (VESTING TENTATIVE TRACT MAP NOS. 50666 AND 50667, TENTATIVE PARCEL MAP NOS. 20970 AND 23004 AND CONDITIONAL USE PERMIT NOS. 162 AND 163), LOCATED IN COASTAL SUBREGIONS 7 AND 8.
Mayor Byrd re-opened the public hearing.
Stan Helenschmidt of Cotton Shires Associates, a firm conducting the geotechnical review of the project for the City, came to the podium to answer a question regarding the material being used to build the buttress. He said that one of the benefits of using crushed rock was the easy access to material already on the site which would minimize the time that slopes would be at risk during excavation. Additionally, he indicated that the cohesive mass that crushed rock provided was more beneficial.
Mayor Byrd closed the public hearing.
Mayor Byrd confirmed that the City would receive detailed drawings of the plan which would be reviewed by the City geologists and the peer review group and that each item would be explained in detail to minimize risk.
The motion carried on the following roll call vote:
AYES: Ferraro, McTaggart, Stern, and Mayor Byrd
Lois Larue, 3136 Barkentine Road, relayed conversations she had with residents near Oceanfront Estates regarding conditions during the construction phase of the houses at that site.
Teng Li -Ann Lee, 55 Oceanaire, referred to a photograph of the project at 59 Oceanaire.
Norbert Keilbach, 3632 Greve Drive, spoke to a view restoration case in which the court ruled in favor of the City. He disapproved of the City Attorney’s handling of the matter.
ORAL CITY COUNCIL REPORTS:
Councilman McTaggart reported on the three-day CMANC event he attended in Sacramento.
The meeting was adjourned at 7:00 P.M. on the motion of Mayor Byrd.
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