M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
AUGUST 1, 2000
The meeting was called to order at 7:02 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 Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; City Clerk/Administrative Services Director Jo Purcell; and, Recording Secretary Jackie Drasco.
The winner from the last drawing was Patsy Gillis, who will receive a check for $250, which represents a year of free refuse service. Another card was selected.
APPROVAL OF AGENDA:
Councilman McTaggart asked that the Payment for the 4th of July Independence Day Celebration item be removed from the Consent Calendar to be discussed before Regular Business.
Mayor Byrd suggested that the Redevelopment Agency meeting be held earlier in the evening because of the Abalone Cove Sewer and Storm Drain Project item in which there was much public interest and for which there were potentially many speakers. It was the consensus of the Council that the Council meeting would adjourn to the RDA Meeting after discussion of the Payment for the 4th of July Independence Day Celebration item.
City Manager Evans announced that there was a request to the Council to add an additional item to the agenda in reference to a request from Ocean Trails regarding a wedding to be held on their property on August 19.
City Attorney Lynch explained that this request was received after posting of the agenda and immediate action was needed so that if the Council did not grant the approval, the requestor would have time to make alternate plans.
Councilwoman Ferraro moved, seconded by Councilman McTaggart, to add this item to agenda. Motion carried 4-0.
Mayor Byrd introduced Lieutenant Mike Grimaldi from the Lomita Sheriffs Station who invited the Council, staff and public to attend the 25th Anniversary Celebration of the Lomita Sheriffs station on August 5, 2000 from 10:00 to 3:00 P.M. He described the agenda for the festivities.
Councilwoman Ferraro moved, seconded by Councilman McTaggart, to approve the agenda as amended. Motion carried.
APPROVAL OF CONSENT CALENDAR:
Councilwoman Ferraro moved, seconded by Mayor Byrd, 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.
Approved the Minutes of July18th Adjourned Regular Meeting and the July 18th Regular Meeting.
Commercial Refuse and Collection Agreement with A&A Waste & Rolloff Services, Inc. (1204 x 1301)
Authorized the Mayor and the City Clerk to execute a Non-exclusive Franchise Agreement for commercial refuse collection and disposal services with A&A Waste & Rolloff Services, Inc. to be effective through December 31, 2000.
ORDINANCE NO. 358 - 1959 SURVIVOR BENEFITS (1101 x 1202)
ADOPTED ORDINANCE NO. 358, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM FOR 1959 SURVIVOR BENEFITS. (This Ordinance was introduced on July 5, 2000)
Claim Against the City by Donald C. Leonard (301 x 303)
Rejected the claim and directed the City Clerk to notify the claimant.
Gifts for Parks (1201)
Accepted the Gifts for Parks donations and direct staff to prepare letters for the Mayors signature expressing the Councils appreciation.
June 2000 Treasurers Report (602)
Received and filed.
Resol. No. 2000-46 - Register of Demands (602)
ADOPTED RESOL. NO. 2000-46, 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
# # # # # # # # # # #
July 4th Independence Day Celebration (1201)
The staff recommendation was to authorize payment to Conte Productions for the production of the July 4th Independence Day Celebration.
Director Rosenfeld explained that the Citys costs were increased from the previous year because Mr. Contes contract been renewed at a higher cost; there was additional decorating and subsidized childrens rides in response to Councils requests; sponsorships were from smaller businesses than in the past; and, the stage/canopy which was used in the past could not be used so one was rented.
Mark Conte of Conte Productions explained that attendance was about 20% higher; that the Citys cost was below the budgeted $8,000; that he had donated a few canopies for non-profit groups; that parking revenues were lower because people were staying longer; and that more tables, umbrellas and chairs were rented (replacing the inexpensive hay bales for seating); there were a few extra childrens rides; and that increased attendance increased the vendors profits but did not lower the Citys costs, which could only be accomplished if there was an admission fee.
Director Rosenfeld said that there were $28,809 in expenses and $22,239 in revenue which accounted for the Citys contribution of $6,570.
Councilman Stern moved, seconded by Councilwoman Ferraro, to authorize payment to Conte Productions for the production of the July 4th Independence Day Celebration.
The motion carried on the following roll call vote:
AYES: Ferraro, McTaggart, Stern, and Mayor Byrd
Lois Larue, 3136 Barkentine Road, felt it was inconsistent that Councilmembers Ferraro and McTaggart had traveled to Washington D.C. to discuss airplane noise in the City when the City provided helicopter rides at its Independence Day Celebration. She asked that the Council pass an ordinance to ban helicopters in the City.
RECESS & RECONVENE:
At 7:26 P.M., Mayor Byrd declared a recess to the Redevelopment Agency meeting. The City Council meeting reconvened at 9:20 P.M.
Lois Larue, 3136 Barkentine Road, stated that since Councilwoman Ferraro had received a $250 campaign donation from Dr. McFadden of Marymount College, she was required to recuse herself from any item regarding the college on a future agenda.
April Sandell, 28026 Pontevedra Drive, described a situation which began in 1993 when CalTrans and the City of Los Angeles dug a storm drain near her property which ultimately resulted in CalTrans filing a lawsuit against her. She said that she was made unfairly liable for "overwatering" her lawn and damaging a shopping center. She expressed appreciation to members of the City Council who had tried to assist her but said that more could have been done, specifically, to notify her of the problem when the City was first aware of the failed storm drain.
Betty Strauss, 10 West Pomegranate Road, in reference to the Long Point developers desire to use public land for his development, she asked the Council to consider open space in the City as "not for sale"
George Gleghorn, 28850 Crestridge Road, speaking for the Save our Coastline II group, summarized comments in an email he sent to the City Council opposing use of City land for private development by the Long Point developer. (A copy of Mr. Gleghorns email is on file with the City Clerks Office.)
RECESS & RECONVENE:
At 9:35 P.M., Mayor Byrd declared a recess. The meeting reconvened at 9:48 P.M.
Proposed Amendment to the Agreement for Government Access (Channel 3) Reader Board Services (1101 x 305)
Assistant City Manager Petru presented the staff report of August 1, 2000 and the recommendation to provide staff with direction regarding whether to amend the current agreement with Earl Weinstein for cable television reader board services.
Assistant City Manager Petru explained that compensation to Mr. Weinstein was $850 per month in 1988 with $200 of this amount representing a subsidy by the City for services Mr. Weinstein provided for the Library and School Districts. In 1992 this amount was reduced to $650 per month, removing this subsidy and requiring separate agreements between Mr. Weinstein and the Library and School Districts. She indicated that the exact amount of time he typically spends performing the job for the City was not known, but that he entered text manually rather than receiving a computer file transfer.
Lois Larue, 3136 Barkentine Road, supported the increase for Mr. Weinstein and urged the Council to continue to use his services rather than accept Cox Cables offer.
Councilman McTaggart moved, seconded by Councilwoman Ferraro to increase compensation to $1,000 per month to Earl Weinstein for cable television reader board services.
The motion carried on the following roll call vote:
AYES: Ferraro, McTaggart, Stern, and Mayor Byrd
AB 939 Annual Reports for 1998 and 1999 (1204 x 1301)
Director Allison presented the staff report of August 1, 2000 and the recommendation to (1) Authorize the Director of Public Works to withdraw the Citys submittal for a 1990 base year modification based on the LA Fix, and accept the California Integrated Waste Management Boards default 44% diversion rate for 1998. (2) Authorize staff to submit the 1999 annual report, which will include a completed waste generation study establishing 1999 as the Citys base year.
Council discussion centered on the flaws of measuring solid waste and recycling in the past and the options offered by the Waste Management Board to provide more accurate percentages of recycling in order for cities to meet the mandate of 50% diversion. It was felt that the option recommended by staff would provide an opportunity to have the Citys baseline re-evaluated.
Councilwoman Ferraro moved, seconded by Mayor Byrd, to (1) Authorize the Director of Public Works to withdraw the Citys submittal for a 1990 base year modification based on the LA Fix, and accept the California Integrated Waste Management Boards default 44% diversion rate for 1998. (2) Authorize staff to submit the 1999 annual report, which will include a completed waste generation study establishing 1999 as the Citys base year. Motion carried.
Support for Biosolids Land Application (1101 x 1402)
City Manager Evans presented the staff report of August 1, 2000 and the recommendation to authorize the Mayor to sign a letter in support of the State Water Resources Control Board (SWRCB) Draft Environmental Impact Report and General Order Covering General Waste Discharge Requirements for Biosolids Land Application.
Councilwoman Ferraro moved, to adopt the staff recommendation. Motion carried.
Senior Affordable Housing (701 x 1900 x 1203)
City Manager Evans presented the staff report of August 1, 2000 and the recommendation to receive a report on the revised concept for the proposed Senior Affordable Housing Project. He said that on January 18, 2000, the City entered into an exclusive agreement with the Corporation for Better Housing in effect until October 1, 2000, to design a plan for the Senior Affordable Housing project and seek approval through the City process. Mr. Evans explained that it was necessary for the plan to be modified and consequently the developer would be unable to meet the October deadline; therefore, Mr. Brumbaugh was presenting the new design at this meeting and would request an extension of the exclusive negotiation agreement.
Attorney Charles Brumbaugh, Jr., representing the Corporation for Better Housing, 100 W. Broadway, Suite 1250, Glendale, CA 91210, explained that although the appearance of the building would not be changed drastically, there were extensive architectural and engineering modifications such as elimination of the driveway off Crestridge; better access to the Senior Center, changes to the subterranean parking, a redesign of the front of the building, Fire Department safety modifications, and Planning Department issues which would soon be resolved. He said that the agreement with the City contained language to provide extra time and he felt that an additional 90 days would be sufficient.
Council discussion focused on the new design of the entrance, the location of the fountain, and suggestions from the Fire Department to improve safety.
John Cotton, architect for the project, described modifications, pedestrian access and natural ventilation and light in reference to the subterranean parking area, improved access to the Senior Center independent of the residential areas, the canopy at the entrance for weather protection, and security.
Charles Brumbaugh stated that the Planning Department requirements should be satisfied within about a week and then the process would once again move forward assuming the Council was satisfied with the presentation at this meeting.
Council discussion then turned to other aspects of the project, such as tax credits which could be applied for as long as the project entitlements were in place by January 2001; an observation room which would result in the elimination of at least one unit and a loss of tax credit and revenue; the Planning Departments concern about the bulk of the structure; landscaping; the existence of artificial fill on the property; the elevation at Crestridge and Crenshaw and on the hill behind the proposed structure; view impairment to nearby residential areas; whether a model would be provided; and, the difficulty of drawing the curved building to provide a realistic view.
Councilwoman Ferraro moved, seconded by Councilman McTaggart, to receive and file the report. Motion carried.
Peter Hazelridge, 5208 Middlecrest Road, said that he was aware of this hearing by courtesy of Mr. Brumbaugh and he was unhappy that the City did not notify his neighborhood. He spoke of neighborhood opposition to the project based on density in reference to the number of units at the facility; traffic impact; neighborhood compatibility; and possible zoning violations if the project was built as proposed. He asked for clarification of the required number of affordable units, asked if the neighborhood would be noticed for public hearings in the future; and asked if the neighborhood should have been notified of the purchase of the land.
City Attorney Lynch replied that no notice was required regarding the purchase of the property. She clarified that the application was not deemed complete as yet and that Planning Commission and City Council public hearings would be duly noticed.
Council explained that the number of affordable housing units mandated by the State and the fact that this requirement is being reevaluated and that we do not have a final number at this time.
Jim Hathaway, 28955 Crestridge Road, agreed with the previous speaker that the City should have notified the neighborhood of the proposed development on this property and said that many seniors in his area were concerned about the impact to neighboring residences. He also expressed concern about the stability of the land, wondering if the caissons would be deep enough to secure the structure; about the impact on traffic of additional vehicles belonging to the residents of this facility; and about the density of units proposed for this property.
Mayor Byrd confirmed that the Planning Commission, Traffic Committee, and City Council would review the project after the application was deemed complete.
Ocean Trails Permit Request (1203 x 1411)
Bobby Heath, Ocean Trails Golf Club, 1 Ocean Trails Drive, expressed appreciation to the Council for considering this request, described written information which had been furnished to the Council and explained that the wedding reception had just been scheduled that day. He said that a decision at this meeting would allow the applicant to make alternate plans if the request was not approved. He stated that he had spoken to the Ocean Terraces Homeowners Board and they had no objections to the event being held as the plan was presented to them.
Council discussion focused on the lack of objection from Ocean Terraces, the daytime scheduling of the event from 10:30 A.M. to dark, the attempt to control parking and traffic, and, the reasonable amount of guests.
Bobby Heath clarified that the reception and the music would end at 6:00 P.M. but time was being allowed for guests to linger and leave by dark, at approximately 8:00 P.M. He also described the arrangement of buses, shuttles, and parking as well as the timing of the tent installation to minimize impact to surrounding residential neighbors.
City Manager Evans clarified that if the Council could make the findings in the proposal presented, the City would ensure compliance.
Council consensus was that the findings could be met and to add a condition to require that the music be stopped at 6:00 P.M.
Councilwoman Ferraro moved, seconded by Councilman McTaggart to approve a permit for a wedding reception to be held on August 19 at Ocean Trails in a tent to be erected on the 13th hole of the golf course with conditions listed in staffs Alternative No. 1 in the request as follows: (1) There will be only a maximum of 200 people at this event. (2) The speakers will be pointed toward the ocean thereby ensuring that the neighboring residents are not impacted by noise. (3) All traffic will be managed by the valet system at Ocean Trails to ensure no traffic conflicts. (4) No public trails or public parking areas will be impacted by this reception. (5) The event will only be held between 11:00 A.M. to 8 P.M. (6) There will be adequate restroom facilities at the site. (7) The developer will provide the City a letter of support from the Ocean Terrace Homeowners Association. (8) The developers geologist will provide a letter/report indicating that the site is safe for such event, and this letter/report shall be reviewed and approved prior to the event by the City geologist. (9) The proposal falls under the requirements of RPVMC 9.16, and shall require the issuance of a film permit outlining these conditions as noted above and any others as deemed necessary by the City Manager. A film permit is required when there is the use of property for producing, taking or making any motion picture or television production or engaging in still commercial photography. (10) Music will end at 6:00 P.M. Motion carried.
Council discussion then focused on a procedure which might be established to have staff approve this type of request in the future without Council review and/or with less notice time to the surrounding neighbors.
City Attorney Lynch agreed that if the Council felt the findings could be met for this instance, staff approval might be appropriate for future events that met these findings but events that did not meet these findings and thus would have more impact to the surrounding residential areas should be handled on a case by case basis with Council review.
Mayor Byrd moved, seconded by Councilwoman Ferraro, to direct staff to implement such a procedure. Motion carried.
Amendment to the HCP Implementing Agreement (1203 x 1411)
City Manager Evans announced that there was another request to add an item to the agenda in reference to an issue that had been raised that afternoon by the Resource Agencies regarding the HCP Implement Agreement which was approved by the Council on July 18, 2000.
Councilwoman Ferraro moved, seconded by Councilman McTaggart, to add this item to the agenda. Motion carried 4-0.
Director Rojas explained that after the HCP Amendment and Implementing Agreement were approved by the Council on July 18, 2000, Mary Beth Woulfe from the U.S. Fish and Wildlife Service clarified that some of the habitat mitigation ratios contained in the amended HCP had to be adjusted. Staff had understood the ratio to be approximately 2.5:1 and it should have been 3:1, which means that the 1.49 acres of total restoration would be increased to 1.68 acres. The urgency for the Councils approval at this meeting was to make this adjustment in time to satisfy a Coastal Commission requirement prior to the next Coastal Commission meeting.
Council confirmed that the additional acreage would be added to the total mitigation that is to be split between the two proposed mitigation areas at Shoreline Park and on the Citys Forrestal property.
Councilwoman Ferraro moved, seconded by Mayor Byrd, to approve an adjustment to the amendment to the HCP agreement approved at the July 18th Council meeting. Motion carried.
ORAL CITY COUNCIL REPORTS:
Councilwoman Ferraro and Councilman McTaggart reported on two meetings they had attended regarding aircraft noise. The early July meeting in Washington, D.C. with John S. Walker of the FAA and a representative of Assemblyman Steve Kuykendall was attended by seven City Councilmembers from three South Bay cities and another local FAA meeting on July 17, 2000 was attended by many City Councilmembers from the surrounding areas. Councilmembers Ferraro and McTaggart felt that the attendance at both meetings by so many Councilmembers showed how important this issue is in the area. Although they were not optimistic about immediate improvement, they did obtain the long-awaited mitre study, for review by experts, and the FAA agreed to establish a round table, similar to the task force that was started more than two years ago.
Mayor Byrd reported that the ad hoc Joint Cable Committee met on July 17, 2000 and completed the review of the Cable TV Franchise Agreement with Cox Cable. He said that when the final report was completed, it would be furnished to the entire Council.
The meeting was adjourned at 11:08 P.M. on the motion of Mayor Byrd.
CITY CLERK W:\2000 City Council Minutes\08012000 cc min.doc