City Council Minutes 07/05/2000 RPV, City, Council, Minutes, 2000, Meeting RPV City Council Minutes for the 07/05/2000 Meeting

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

JULY 5, 2000

The meeting was called to order at 6:00 P.M. by Mayor Byrd at Fred Hesse Community Park, 29301 Hawthorne Boulevard and was immediately recessed into a closed session per the Brown Act Checklist. At 7:01 P.M. the meeting reconvened. After the Pledge of Allegiance, roll call was answered as follows:

PRESENT: Ferraro, McTaggart, Stern, Lyon and Mayor Byrd

ABSENT: None

Also present were City Manager Les Evans; City Attorney Carol Lynch; Director of Planning, Building, and Code Enforcement Joel Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; Senior Engineer David McBride City Clerk/Administrative Services Director Jo Purcell; and, Recording Secretary Alberta Gray.

APPROVAL OF AGENDA:

Councilwoman Ferraro moved to approve the agenda as presented.

Councilman Stern asked that the loan agreement between the City and Redevelopment Agency item be removed from the Consent Calendar for discussion.

Councilwoman Ferraro amended her motion to reflect this request.

The amended motion was seconded by Mayor pro Tem Lyon. Motion carried.

CEREMONIAL MATTERS: Mayor Byrd presented a City plaque to former View Restoration Commissioner Tobi Cordova and expressed the City’s appreciation for her service.

RECYCLING DRAWING: The winner of the drawing was John Wolf 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, spoke to the minutes of June 6, 2000, and the contradiction of the City’s meeting in Washington, D.C. objecting to aircraft noise while allowing helicopter rides at its Independence Day celebration. Regarding the Register of Demands, she suggested that the Planning Commission’s monthly stipend be increased to $60 per month and objected to the photocopy machine expenses.

Councilmember Ferraro moved, seconded by Mayor Pro Tem Lyon 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.

Minutes (301)

Approved the minutes of May 16 (Adjourned Regular Meeting), June 6 (Budget Work Session), June 20 (Regular Meeting), and June 21 (Adjourned Regular Meeting), 2000.

Request for waiver of application fee related to Conditional Use Permit No. 24-Revision ‘B’ (Requestor: Palos Verdes Panorama Owners’ Association, Tract No. 33034) (1203 x 1804 x 1411)

Approved the requested fee waiver.

Consultant Contract for Preparation of Environmental Documents for the Proposed Self-Storage Facility at 28798 S. Western Avenue (Applicant: Instorage Rancho Palos Verdes L.L.C.) (1203)

Approved the agreement for environmental consulting services with P&D Environmental Consultants for preparation of the environmental documents for the new self-storage facility at 28798 S. Western Avenue.

May 2000 Treasurer’s Report (602)

Ordered received and filed.

Resol. No. 2000-41 - Register of Demands (602)

ADOPTED RESOL. NO. 2000-41, 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, Lyon, McTaggart, Stern, and Mayor Byrd

NOES: None

ABSENT: None

# # # # # # # # # # #

PUBLIC HEARING:

Resol. Nos. 2000-42 and 2000-43 - Appeal of the Planning Commission’s Decision on the Abalone Cove Beach Improvement Project (1203 x 1201)

Mayor Byrd opened the public hearing on this request to hear an appeal of the Planning Commission’s decision on the Abalone Cove Beach Improvement Project. City Clerk Purcell announced that notice had been duly published and that all protest letters were included in the agenda packet and additional correspondence was distributed to Council prior to the meeting.

Senior Engineer McBride presented the staff report of July 5, 2000 and the recommendation to (1) Adopt the proposed resolution upholding the Planning Commission's adoption of the Mitigated Negative Declaration, and adopt the proposed resolution denying the appeal and thereby upholding the Planning Commission’s approval of Coastal Permit No. 156 and Variance No. 448, subject to conditions, for the Abalone Cove Beach Improvement Project. (2) Provide direction to staff regarding the reduction in the size of the restroom structure, and adding back one or both of the shade structures as project components. (3) Approve an amendment to an existing professional service agreement with Merit Civil Engineering, Inc. by $15,250 for a total authorization under their agreement of $34,670. (4) Approve an amendment to an existing professional service agreement with FAIA Architect, Inc. by $6,900 for a total authorization under their agreement of $21,900.

Council discussion focused on the fact that Abalone Cove Ecological Reserve is designated by the state Fish and Game Commission as an ecological reserve and how this project would impact that aspect of Abalone Cove. Other issues discussed included the number of parking spaces, placement of guard shack, number of people accessing the site, signage, education of people in regard to protection of the tide pools location of hired personnel, movement of earth, grading, and the effect of the proposed work on the slide area.

Speaking in opposition to the project were: Muriel Titzler, 3 Ginger Root Lane; Vic Quirarte, 29369 Quailwood Drive; John Nieto, 4235 Exultant Drive; Michael Lightman, 5500 Palos Verdes Drive South; Lois Larue, 3136 Barkentine Road; Marianne Hunter, 31 Narcissa Drive; Tom Redfield 31273 Ganado Drive; Dan Pinkham, 1 Narcissa Drive; Vicki Pinkham, 1 Narcissa Drive; Pat Clark, 30 Sea Cove Drive; Gail Warner, 26744 Basswood; William Tolliffe, 6347 Tarragon Road; Gerlinde Ryan, 3224 Barkentine Road; Barbara Gleghorn 28850 Crestridge Road; Robert Haase, 20 Sea Cove Drive; Sandy Holderman, 2412 Via Carrillo, Palos Verdes Estates, CA 90274; Lois Jester, 20 Narcissa Drive; Betty Strauss, 10 West Pomegranate Road; Stephen Mirich, 4 Kumquat Lane; and, Jess Morton, 787 West Fourth Street.

A summary of their comments is as follows: The City has the opportunity to bring Abalone Cove back to its once pristine condition. New facilities are not needed. We must preserve our precious open space and protect the tide pools from further ecological damage. Funds would be better spent on other projects like Ladera Linda. Children and senior citizens are able to access the beach and for those who can’t, there are other beaches. If we do develop the area, the City must accept the responsibility of policing the newly developed area. Lifeguards do not look at the tidepools first. They are there to save lives. There is a fear of increased land movement caused by grading and fill and potential disaster situations such as Ocean Trails and PVIC. We need full geological and traffic studies before proceeding. Improvements and grading should be kept to a minimum and the roadway should be used only as a service road. Parking spaces at the beach level are a mistake, a cut to the road could trigger slope movement. The City was founded on local control and local representation to control development and hopefully that the City will consider the wishes of the people. While looking to the ecological safety of the tide pools, the City should also consider the negative impact on other life, specifically the bluff face where the birds are.

RECESS & RECONVENE:

At 8:36 P.M., Mayor Byrd declared a recess. The meeting reconvened at 8:50 P.M.

Director Allison said that two consultant geologists, Matthew Rogers from Zeiser Kling and Mike Reader from Group Delta, were present to discuss geology reports performed in the past.

Matthew Rogers, Zeiser Kling Consultants, Inc. 1221 E. Dyer Road, Santa Ana, CA 92705, said that he was originally retained to look at Dr. Ehlig's proposal. The fill has been reduced in the area below the old tennis court and would be about six feet, as opposed to the original eight feet and this reduction should increase stability. He said that movement in the area has been about five to six inches per year and he does not expect it to slow.

Mike Reader, Group Delta Consultants, 2341 W. 205th Street, Suite 103, Torrance, CA 90501, stated that he looked at the working plan and made revisions. He recommended following a grading plan that more closely followed existing topography and felt that fill in some of the low areas might improve stability; but would mostly improve drainage. He said that the parking area is near the limit of the Abalone Cove slide and could be negatively affected; therefore, he recommended that some stabilization be accomplished in that area.

Main topics between council and staff included the following: Will a buttress be required for stabilization? Before grading there would be further geological investigation. The existing structure will be renovated. The road will allow easier access for the sheriffs. A telephone in the guard shack is possible. The 45-car parking lot has been cut back to 15 spaces, including five handicap spaces. Allowing cars closer to the tidepools would make removal of animals and plants more likely. The parking lot will open at noon and close at dusk to limit access and damage to the tide pools. Primary needs include restroom facilities, improvement of the road for safety reasons, and replacement or improvement of structures.

Lieutenant Mike Grimaldi from the Lomita Sheriff Station said that CORE deputies have been deputized by the State Fish and Game Department to enforce fish and game laws and that new deputies would be trained as they came aboard.

Further discussion between Council and staff included the following comments: The Recreation and Parks Committee should be consulted to provide suggestions for management of the improvements. If cars are left in the parking lot at closing time, they would be towed and there should be nightly Sheriff patrols. Easier access could increase the potential for destruction, however. If there are problems, the area could be closed again. Outsiders are going to use the beach. The City is obligated to provide access to the handicapped wherever possible. The area can be protected by the sheriff and a lifeguard.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem Lyon, to (1) ADOPT RESOLUTION NO. 2000-42, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING AN APPEAL AND REVISING THE PLANNING COMMISSION’S DECISION TO ADOPT A MITIGATED NEGATIVE DECLARATION AND MAKING CERTAIN ENVIRONMENTAL FINDINGS IN ASSOCIATION WITH COASTAL PERMIT NO. 156 AND VARIANCE NO. 448, TO ALLOW THE CONSTRUCTION OF VARIOUS IMPROVEMENTS TO THE ABALONE COVE BEACH PARK and ADOPT RESOLUTION NO. 2000-43, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING AN APPEAL AND REVISING THE PLANNING COMMISSION’S DECISION TO APPROVE COASTAL PERMIT NO. 156, AND VARIANCE NO. 448, TO ALLOW THE CONSTUCTION OF VARIOUS IMPROVEMENTS TO THE ABALONE COVE BEACH PARK. (2) Provide direction to staff regarding the reduction in the size of the restroom structure, and adding back one or both of the shade structures as project components. (3) Approved an amendment to an existing professional service agreement with Merit Civil Engineering, Inc. by $15,250 for a total authorization under their agreement of $34,670. (4) Approved an amendment to an existing professional service agreement with FAIA Architect, Inc. by $6,900 for a total authorization under their agreement of $21,900.

The motion carried on the following roll call vote:

AYES: Ferraro, Lyon, McTaggart, and Mayor Byrd

NOES: Stern

Mayor Pro tem Lyon moved, seconded by Councilmember Ferraro to ask the Recreation and Parks Committee to provide to the Council a detailed presentation on how to manage this project, specifically restricting the parking to use by the handicapped and seniors, along with hours of operation, method of controlling the traffic and a method of collecting the fees at the upper parking lot. Motion carried.

PUBLIC COMMENTS:

Norbert Keilbach, 3632 Greve Drive, stated that the City was founded in order to control its own destiny by a responsive city council and he requested that the Council enforce the law and listen to the people.

Richard Stark, 30325 Sea Raven Drive, stressed the need to discover the reason behind the Ocean Trails landslide. He said that he understood a study is now being performed and he asked that those results be made public when the study is complete.

David Kuntz, 28409 Quailhill Drive, said that earlier today there was a demonstration that is being examined by several South Bay cities and that the FAA has denied that a problem exists. The radar system will provide data as to the exact location of the aircraft. He recommended that the City participate along with other South Bay cities in sharing the expense of the radar system. (A copy of a letter from Mr. Kuntz is on file with the City Clerk’s Office.)

Lois Larue, 3136 Barkentine Road, suggested that senior citizens be allowed to park free at the Abalone Cove parking lot and said that a referendum could have the decision overturned.

RECESS & RECONVENE:

At 10:11 P.M., Mayor Byrd declared a recess. The meeting reconvened at 10:20 P.M.

Use of Federal and State Funding for Supplemental Police Services (301 x 601 x 1206)

Mayor Byrd opened the public hearing on the use of LLEBG funds to pay for additional law enforcement services. 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 grant a request from Lieutenant Grimaldi from the Sheriff’s Department to hear the Use of Federal and State Funding for Supplemental Police Services item at this time.

City Clerk Purcell presented the staff report of July 5, 2000 and the recommendation to

approve the continued use of LLEBG (Local Law Enforcement Block Grant) and COPS (Citizens Option for Police Services) funds to pay for the three CORE Deputies to perform enforcement and crime prevention duties at the schools in the region and in the area adjacent to and south of Crest Road.

Lois Larue 3136 Barkentine Road, spoke about an article in the Los Angeles Times regarding Sheriff Lee Baca's establishment of a citizen’s committee appointed to oversee the Sheriff’s Department. She relayed an experience she had when a Sheriff’s car sped past her in the fast lane.

There being no further testimony, Mayor Byrd closed the public hearing.

Councilwoman Ferraro moved, seconded by Councilman Stern, to adopt the staff recommendation.

The motion carried on the following roll call vote:

AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd

NOES: None

Peafowl Population Control

City Manager Les Evans asked that because of the large number of speakers for the Peafowl Population Control item that it be continued to the July 18 meeting. The speakers for that item were in agreement with that action. Council consensus was to continue this item to July 18.

Sunnyside Ridge Road and Palos Verdes Drive East Drainage

Councilwoman Ferraro moved, seconded by Councilman Stern, to continue the Sunnyside Ridge Road and Palos Verdes Drive East Drainage item to July 18, 2000. Motion carried.

Appeal of Conditional Use Permit No. 207 (Applicant/Appellant: Mark Abrams, 44 Oceanaire Drive) (Continued from June 6, 2000) (1203 x 1804)

Mayor Byrd opened the discussion of this request to approve Appeal of Conditional Use Permit No. 207. City Clerk Purcell announced that this was a continued public hearing from the June 6, 2000 Council Meeting and that all protest letters were included in the agenda packet and additional correspondence was distributed to Council prior to the meeting.

Senior Planner Fox presented the staff report of July 5, 2000 and the recommendation to adopt the proposed resolution denying the appeal and upholding the Planning Commission’s decision to deny conditional use Permit No. 207 with prejudice.

The speakers in favor of the staff recommendation to deny the Appeal were as follows:

Beth Ceverha, 5 Park Place; Virginia Cicoria, 62 Oceanaire Drive; Mitchell Albert, 2601 Airport Drive, Suite 345, Torrance, CA 90505; Michael Cicoria, 62 Oceanaire Drive; Mary Papps, 25 Oceanaire Drive; George Papps, 25 Oceanaire Drive; Jim Robinson, 42 Oceanaire; Meredith Eick, (owner of 6 Cove View), 2866 W. 226th Street, Torrance, CA 90505; Karyl Newton, 46 Oceanaire Drive; H. L. Mailander, 8 Coveview Drive; Lori Daniels, 3 Amber Sky Drive; Beryl McDonald, 47 Oceanaire Drive; and, Ian McDonald, 47 Oceanaire Drive.

A summary of their comments is as follows: There was some concern with the alternate site of Del Cerro Park because the park is designated as a heliport for fire and rescue personnel, and a 200-foot antenna would obstruct views. There was also some concern that Mr. Abrams has not been straightforward or honest with the City or the citizens for the past ten years. It was pointed out that Mr. Abrams’ plans were for a

40-foot antenna but that he had built something bigger, wider, and much more obtrusive. It was stated that what Mr. Abrams wants is wireless communication and he thinks that he should have it. Speakers claimed that there is no legal antenna on his property because what he applied for in 1990 is not what he built. Also, there was concern that once the City allows it there, the City cannot discriminate against the next applicant for a similar tower. A case in the city of El Cajon was described which indicates that alternative sites can be suggested even if they are less than optimal. It was stated that the City would be advancing the interests of Mr. Abrams’ firm over those of his competitors if the application were approved. Many residents said that they bought homes in the Del Cerro neighborhood because of the underground utilities, avoiding the eyesore and dangers of aboveground power lines. Residents stated that this antenna interferes with their television reception and that Mr. Abrams’ installation is in violation of the City’s Codes and is detrimental to property values and the quality of life in the Del Cerro neighborhood.

Council discussion centered on the Telecommunications Act of 1996, which restricts the City’s ability to regulate the installation of personal telecommunications antennas.

Dr. Henry Richter, a consultant hired by the City, distributed to the Council information regarding propagation studies for Mr. Abrams’ home and sites at Del Cerro Park, St. John Fisher Church, Wallace Ranch, and on the California Water Service property. He said that St. John Fisher would provide similar coverage to the Abrams property, Wallace Ranch would not offer good coverage, and the California Water Service and Del Cerro Park sites would both have significant blockage. He said that St. John Fisher seemed to be the best alternate site and that the church was receptive to putting an antenna in a bell tower on the property.

A discussion ensued between Council and Dr. Richter regarding the significance of the effect of the trees, various tower heights and, temporary antennas on Mr. Abrams’ property.

Mayor Byrd left the dais at 11:07 P.M. and returned at 11:10 P.M.

Speaking in rebuttal, Mark Abrams, 44 Oceanaire Drive, stated that the City focused on alternative sites without reviewing Dr. Richter’s report. Mr. Abrams addressed the suggested alternative sites as follows: All four sites would require towers of at least 200 feet and the California Water Service and Del Cerro sites would require at least a

240-foot tower. Mr. Abrams stated that most of his licenses in the 800 and 450-512 megahertz bands are covered by the Telecommunications Act. He stated that, contrary to Dr. Richter’s statement, he would need more than two 800-megahertz antennas. He said that Dr. Richter does not understand what he is trying to accomplish, adding that the California Water Service site is not available and that, in any case, he would require more space than they have available. Regarding Del Cerro, he said that he is not in favor of putting a tower in the middle of the park, which he believed would be far worse than having the towers where they are, and that the cost would not be economically feasible. Mr. Abrams stated that installation at St. John Fisher Church would not be feasible because it would be very costly, require a variance, and a tower higher than 80 feet. He said that an antenna on the Wallace Ranch property would require a 210-foot tower, would be economically prohibitive, and would be denied because of CC&R’s in place on the property which state that no antenna can be built without written approval of the homeowner’s association, who would oppose installation of his tower. Mr. Abrams concluded by stating that he could not wait years for an approval; he needs one now.

Discussion between Mr. Abrams and Council focused on cost of construction; how long he would have to operate before a profit were possible; his requirements for an ideal site; service to customers; line of sight; performance at different antenna heights; temporary antennas; and, that the City expected him to build what he had applied for.

In response to a question from the Council, Mr. Abrams stated he would never agree to lower the existing tower even one inch because his attorney and his consultants agree that the tower is legally installed.

Wilkie Cheong, attorney for Mr. Abrams, commented on how the CUP is affected by the antenna guidelines, noting that Mr. Abrams is not erecting any new antennas. He said that this application does not require any new equipment, is in compliance with the City’s guidelines, and that there was no dishonesty in the applications made by his client.

A discussion between Council, Mr. Cheong and Mr. Abrams included topics such as possible discrimination against Mr. Abrams to hinder his ability to compete; the types of facilities with which he would compete; his current capabilities; his obligation to prevent TV interference; how the proximity of transmission and reception antennas to each other affects their service capabilities; the number of antennas he would need; and, whether Mr. Abrams ever intended this site to be solely an amateur operation.

Council discussion centered on whether the City’s denial of the application would violate Federal Statutes; whether St. John Fisher was a viable alternative; the undesirability of an antenna farm in a residential area; and, whether denial of this permit would discriminate against Mr. Abrams.

There being no further testimony, Mayor Byrd closed the public hearing.

Councilmember Stern moved, seconded by Councilwoman Ferraro, to deny the appeal and uphold the Planning Commission’s decision to deny conditional use Permit No. 207 with prejudice.

The motion carried on the following roll call vote:

AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd

NOES: None

RECESS & RECONVENE:

At 11:55 P.M., Mayor Byrd declared a recess. The meeting reconvened at 12 Midnight.

Fee Waiver for Fence, Wall, And Hedge Permit No. 31 – 5079 Silver Arrow Drive (Applicant: Swendsen) (1203)

Director Rojas presented the staff report of July 5, 2000 and the recommendation to deny the request to waive the $310.00 penalty fee for Permit

Council member Stern moved, seconded by Mayor Pro Tem Lyon, to adopt the staff recommendation.

The motion carried on the following roll call vote:

AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd

NOES: None

Resol. No. 2000-44 - 1959 Survivor Benefit Program (1101 x 1202)

City Manager Evans presented the staff report of July 5, 2000 and the recommendation to (1) Adopt the proposed resolution declaring the Council’s intent to approve an amendment to the contract between the board of administration of the California Public Employee’s Retirement System and the City Of Rancho Palos Verdes. (2) Introduce Ordinance No. 358, authorizing an amendment to the contract between Cal PERS and the City. (3) Authorize the Mayor and the City Clerk to sign an agreement to pool 1959 Survivor Benefits between CalPERS and the City.

Councilman McTaggart moved, seconded by Councilwoman Ferraro, to adopt the staff recommendation.

The motion carried on the following roll call vote:

AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd

NOES: None

Improving Committees and Information Made Available to Councilmembers and Members of the Public Regarding Committee Activities (310 x 306)

Councilman Stern presented the staff report of July 5, 2000 and the recommendation to add a Section 9.3 to the Rules of Procedure regarding this topic.

Council discussion covered the issues of disseminating meeting information to the council and public in writing after ad hoc meetings.

Mayor Byrd indicated that the ad hoc committees take no action.

Councilman Stern felt that Councilmembers need to be informed about what goes on in the committee meetings.

Councilwoman Ferraro said that ad hoc committee members do inform the Council of what goes on in the meetings.

Vic Quirarte 29369 Quailwood Drive, stated that the Council works for the constituents who should be kept informed. He suggested that a staff member attend the ad hoc meetings and report back to the council. He felt that addition of this section to the Rules of Procedure would give the City Council more credibility.

Tom Redfield 31273 Ganado Drive, RPV, felt that the better informed the public is the better they work together with the Council and said that information shared in ad hoc meetings should be made available to all the councilmembers and to the public. He urged the Council to pass this procedure.

Lois Larue, 3136 Barkentine Road, suggested that the ad hoc committees provide a written report of their activities and concurred with the other speakers in favor of passing this procedure.

Alita White, President of League of Women Voters, 32614 Coastsite Drive, felt that citizens have a right to know what is going in government and said that the League supported this procedure. She said that more information unifies the group; it does not divide.

Further Council discussion centered on whether a staff member should attend ad hoc meetings and take written minutes/information to be disseminated to the Council and the public.

Councilman Stern moved to add a Section 9.3 to the Rules of Procedure in reference to improving committees and information made available to councilmembers and members of the public regarding committee activities.

The motion failed for lack of second.

Lois Tarkington, 1902 Peninsula Verde, does not favor ad hoc committees because the meetings are not noticed and the public cannot attend. She felt that not only was the Council not receiving information but neither is the public.

Council Discussion focused on the methods by which ad hoc committees are regulated; reasons for their establishment; their length of tenure; and, what they are allowed to do.

Alliance for Water Quality

Councilman McTaggart presented the staff report of July 5, 2000 and the recommendation to consider the request of the Alliance for Water Quality to send a letter to Governor Grey Davis expressing concern over the SUSMPs promulgated by the Regional Water Quality Control Board – Los Angeles Region and to publicly use Rancho Palos Verdes on its endorsement list.

Council discussed the activities of the Alliance and the reasons for sending a letter to the Governor and possibly continuing this item until there is more information.

Council consensus was to continue the matter to July 18, 2000.

Loan Agreement between the City and the Redevelopment Agency (602 x 1900)

City Manager Evans presented the staff report of July 5, 2000 and the recommendation to authorize the Mayor and the City Clerk to execute the proposed Loan Agreement between the City and the Rancho Palos Verdes Redevelopment Agency.

City Manager Les Evans explained the allocation of funds and the methods by which money for repayment could be generated.

Councilmember Ferraro, 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

Closed Session Report

City Attorney Lynch reported the following:

Item 1 - Ocean Trails: The City Council unanimously directed Staff to obtain the same rate of compensation for the use of the additional acreage at Shoreline Park as the City obtained previously in connection with the prior conservation easement.

Item 2 – Mr. Abrams: No action taken.

Item 3 - Potential lawsuit against the FAA: The Council unanimously authorized the expenditure of funds for Richards, Watson & Gershon and Chevalier, Allen & Lichman to perform an investigation of relevant documents to determine whether there is a viable claim against the FAA on behalf of Rancho Palos Verdes, Redondo Beach and Hermosa Beach, with each city bearing one-third of the cost of the investigation, and to purchase equipment that can be used to monitor the flight of aircraft over the beach cities and the Peninsula, with each city bearing one-third the cost of the equipment,

provided that all three cities agree to do so and provided further, that the aforementioned attorneys concur that the equipment would be helpful in developing a case against the FAA.

ADJOURNMENT:

The meeting was adjourned at 12:55 A.M. on the motion of Mayor Byrd to July 18 at 6:30 P.M. for a workshop on permit tracking software program for the Planning Department.

 

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MAYOR

ATTEST:

 

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