City Council Minutes 08/15/2000 RPV, City, Council, Minutes, 2000, Meeting RPV City Council Minutes for the 08/15/2000 Meeting

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

AUGUST 15, 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 7:08 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 Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; and, Deputy City Clerk/Recording Secretary Jackie Drasco.

RECYCLING DRAWING:

The winner from the last drawing was Christy Kennedy, who will receive a check for $250, which represents a year of free refuse service. Another card was selected.

APPROVAL OF AGENDA:

Mayor Pro Tem Lyon moved, seconded by Councilwoman Ferraro, to approve the agenda as presented. Motion carried.

APPROVAL OF CONSENT CALENDAR:

Lois Larue, 3136 Barkentine Road, spoke to a number of items: Why Hardy and Harper was not included in the "on-call" contractors; that the Abalone Cove landslide is moving; and, that the register of demands is hard to understand and is printed in a font that is too small.

Mayor Byrd clarified that the Abalone Cove landslide is moving at a rate of about one inch per year; that Zeiser Kling stated in a recent meeting that the slide was moving at about five to six inches per year but actually that the five to six inches of movement was over a period of about five to six years.

Council pointed out minor corrections to be made to the minutes.

Councilman Stern 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 July 5 and August 1, 2000, as corrected.

Agreement for Construction of Catch Basin Inlet Filters (1204 x 604)

(1) Awarded the contract for the design and construction of catch basin inlet filters to United Storm Water, Inc. for an amount not to exceed $11,691; plus authorized staff to spend an additional $1,169 in contingencies for possible extra work, for a total authorization in the amount of $12,860. (2) Authorized the expenditure of $3,500 for project inspection services with SA Associates Inc. (3) Authorized the Mayor and the City Clerk to execute an agreement with United Storm Water, Inc. for the design and construction of the catch basin inlet filters.

Tree Maintenance Services (1204 x 1407)

(1) Terminated a maintenance contract with Golden Bear Arborists, Inc. (2) Awarded a new seven-year contract to West Coast Arborists, Inc., for Fiscal Years 2000-2001 through 2006-2007.

Service Contract for Seismic Hazard Evaluation of the City Hall Complex

Approved execution of a professional service contract with Breiholz Qazi Engineering, Inc. for a seismic hazard evaluation study.

Resol. No. 2000-47 - Palos Verdes Drive South Roadway and Drainage Rehabilitation Project from Peppertree Drive to Klondike Canyon (1204 x 1404 x 604)

(1) ADOPTED RESOLUTION NO. 2000-47, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AUTHORIZING THE CITY MANAGER TO SIGN AGREEMENTS, AGREEMENT SUPPLEMENTS AND/OR AMENDMENTS THAT RELATE TO THE STATE TRANSPORTATION IMPROVEMENT PROJECT (STIP) FUNDING PROGRAM. (2) Awarded a Professional Services Agreement with CBM Consulting, Inc. in the amount of $79,520 for Professional Engineering Services and authorized the Mayor and the City Clerk to execute same.

On-Call Professional Service Agreements (1204)

(1) Awarded a professional services agreement for "On Call" services to the following firms: Charles Abbott and Associates, Inc., Jon Cicchetti and Associates, John M. Cruickshank, Inc, Group Delta Consultants, Merit Civil Engineering, Robert Bein William Frost and Associates, Inc., Willdan and Associates, Inc., Berryman and Henigar, Inc., DMc Engineering, Bing Yen and Associates, Helix Environmental, Inc, Vandermost Consultants Inc., CBM Consultants, Inc., JR Engineering, Inc., Land Images, Inc., Cotton Shires Associates, Inc., Harris and Associates, Inc., Hewitt Zollars, Inc., , Tetra Tech, Inc., Soloff Surveying and Consulting, Inc, Zeiser Kling, and Associates, Inc. (2) Authorized the expenditure of up to $60,000 with each of these firms, with a not to exceed amount of $25,000 for a single project. (3) Authorized the expenditure of up to $202,700 for ‘on-call’ services for Fiscal Year 2000-2001, and included the amount in the adopted budget for Fiscal Year 2000-2001 and 2002-2003.

Resol. No. 2000-48 - Professional Services Agreement for the Scenic Turnouts Project (1204 x 1404)

(1) Awarded a Professional Services Agreement with CBM Consulting, Inc. in the amount of $56,985 for Professional Engineering Services and authorized the Mayor and the City Clerk to execute the agreement. (2) ADOPTED RESOLUTION NO. 2000-48, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, FOR A BUDGET ADJUSTMENT TO THE CITY’S CAPITAL IMPROVEMENTS PROJECT FUND.

Resol. Nos. 2000-49 and 2000-50 - Continuing Appropriation and Budget Reductions (602)

(1) ADOPTED RESOLUTION NO. 2000-49, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2000-33, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2000-2001, TO CONTINUE CERTAIN EXPENDITURE APPROPRIATIONS FROM FISCAL YEAR 1999-2000. (2) ADOPTED RESOLUTION NO. 2000-50, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 1999-41, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1999-2000, TO REDUCE THE BUDGET FOR CONTINUING APPROPRIATIONS THAT WILL BE RE-BUDGETED AND INCLUDED IN THE FISCAL YEAR 2000-2001 BUDGET.

Resol. No. 2000-51 - Register of Demands (602)

ADOPTED RESOL. NO. 2000-51, 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, Lyon, Stern, and Mayor Byrd

NOES: None

ABSTAIN: Lyon on the August 1 minutes since she was not present at that meeting.

# # # # # # # # # # #

PUBLIC HEARING:

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

Mayor Byrd re-opened the public hearing on this request to consider the Appeal of Conditional Use Permit No. 207. Deputy City Clerk Drasco announced that notice had been duly published, that all protest letters were included in the agenda packet, and that additional correspondence from Mark Abrams and Meredith Eick had been distributed to the Council just prior to the meeting.

Senior Planner Fox presented the staff report of August 15, 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.

Meredith Eick, 2866 W. 226th St., Torrance, CA 90505, owner of the vacant lot at 6 Coveview Drive felt that most wireless communication could be handled by cell phone or satellite systems but even these do not work everywhere. (A copy of a letter from Mr. Eick is on file with the City Clerk’s Office.)

Karyl Newton, 46 Oceanaire Drive, spoke in support of the staff recommendation and the Planning Commission’s action, stating that she was hopeful the Council would adopt the staff recommendation.

Ian MacDonald, 47 Oceanaire Drive, discussed radio signal coverage on the east and south side of the Peninsula from Mr. Abram’s property and how the existing topography might block these signals.

Lois Larue, 3136 Barkentine Road, pointed out a typographical error in the staff report.

Mark Abrams, 44 Oceanaire Drive, stated that radio signals do not require line of sight so the degree of coverage of the south side of the Peninsula from his home may not be obvious. He said that he had run more than 150 studies from every conceivable site on the Peninsula and the only site which would provide the coverage he required was 44 Oceanaire Drive or a property immediately adjacent to it.

He clarified that he was no longer using the FAA site, that it was no longer available to him, and that even coverage from that site was not adequate. He said that he had determined the disadvantages of the FAA site with the last six months while he was preparing computer analyses to determine areas of poor coverage. Mr. Abrams further explained that his equipment was not designed to be used with multiple sites. (Copies of letters from Mr. Abrams are on file with the City Clerk’s Office.)

Dr. Henry Richter, 2755 Alondra Way, Palm Springs, CA 92264, Communications Consultant hired by the City, confirmed that Mr. Abrams’ equipment was designed to be used at a single site. He said that he was familiar with the topography of the Peninsula, having worked in the communications field for the L. A. Sheriff’s Department, and felt that any one site in the area would not cover the entire Peninsula. (A copy of Dr. Richter’s report is on file with the City Clerk’s Office.)

Council discussion resulted in changes to the resolutions to clarify the determination that there had been previous commercial use of the site and to explain Mr. Abrams’ contribution to the delay in the Council decision on this application.

City Attorney Lynch stated that she would provide the appropriate language for the resolution while the Council considered the next item on the agenda.

Council consensus was to postpone making a decision until this additional language was prepared by City Attorney Lynch.

Resol. No. 2000- 52 - Conformance with the 1999 L.A. County Congestion Management Program (CMP) (1203 x 1505)

Mayor Byrd opened the public hearing on this request to adopt the City’s 2000 Local Implementation Report and Self-Certifying the City’s Conformance with the 1999 County Congestion Management Program. Deputy City Clerk Drasco announced that notice had been duly published and that there was no written protest received by the City.

Assistant Planner Schonborn presented the staff report of August 15, 2000 and the recommendation to adopt the proposed resolution adopting the City’s 2000 Local Implementation Report (LIR) and Self-Certifying the City’s Conformance with the 1999 Congestion Management Program (CMP) for Los Angeles County.

There being no response to the Mayor’s call for testimony, he declared the hearing closed.

Assistant Planner Schonborn explained that since 1993 the City had earned over 9,000 credits and, even though credits were lost this past year, there was still a positive balance.

Mayor Pro Tem Lyon 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

RECESS & RECONVENE:

At 7:50 P.M., Mayor Byrd declared a recess. The meeting reconvened at 7:58 P.M.

AUDIENCE COMMENTS:

Tom Redfield, 31273 Ganado Drive, said that he attended the Finance Advisory Committee meeting recently when Long Point was discussed and he said that the quality of the committee members was impressive, that the very professional meeting was well structured and well run and that residents were provided sufficient time to speak and ask questions. He said that the committee identified questions that needed answers from the developer and that the City Manager had given them a time line to work with. He felt that because the developer was requesting the use of City land, he should be required to be more forthright.

Holly Cain, 52 Avenida Corona, said that she was a part of the Save our Coastline II group and read from a letter she distributed to the Council. This letter expressed concern about personal and property safety and City liability from golf balls from the proposed Long Point golf course onto nearby Palos Verdes Drive South. She urged the Council to maintain the City property for passive recreational use for future generations. (Ms. Cain’s letter is on file with the City Clerk’s Office.)

Resol. No. 2000-53 - Appeal of Conditional Use Permit No. 207 (Applicant/Appellant: Mark Abrams, 44 Oceanaire Drive) (1203 x 1804)

City Attorney Lynch read the language changes to be made to the resolution.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem Lyon to ADOPT RESOLUTION NO. 2000-53, as amended, DENYING THE APPEAL AND UPHOLDING 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

REGULAR BUSINESS:

S.A.V.E. RPV Petition and the Ocean Trails Project Approvals (1101 x 1203 x 1411)

City Manager Evans explained the documented process the Planning Commission and the City Council had followed regarding this project and the staff research which found no evidence of developer fraud or misrepresentations to the City Council.

Mayor Byrd clarified that the video tape shown by Darryl Paul, the S.A.V.E. RPV groups attorney, at the July 18 Council meeting of a presentation by Ocean Trails purported to be made in August 1994 was actually made in August 1991. Mayor Byrd stated that he knew this because he had attended this presentation and would not have done so if he was on the City Council. Mayor Byrd was elected in November 1993.

City Attorney Lynch stated that unless it could find evidence of fraud or non-compliance with conditions of approval, the Council would have no authority to revoke Ocean Trails’ development permits and development agreement.

Assistant City Manager Petru presented the staff report of August 15, 2000 and the recommendation to determine that the City found no evidence, as alleged in the S.A.V.E. RPV petition, that the developer used fraudulent means to obtain the development permits for the Ocean Trails project.

Ms. Petru also defined significant view impairment and provided a copy of the City’s Height Variation Guidelines and View Restoration Permit Procedures. She also provided the Council with a printout of the PowerPoint presentation she made which showed diagrams from the City’s Coastal Specific Plan, an overlay of proposed and actual pad heights, photographs and computer simulations of several view analyses, Lot Type Maps, and Clubhouse cross-section.

RECESS & RECONVENE:

At 8:55 P.M., Mayor Byrd declared a recess. The meeting reconvened at 9:06 P.M.

Nick Mowlds, 6832 Verde Ridge Road, former Planning Commissioner, explained that he was on the Planning Commission for most of the time when this project was in its early stages and that the Commissioners understood the drawings presented by the developer. He described several changes of the plans regarding the location of the clubhouse. He clarified that the height of the clubhouse was established by elevation above sea level, not a measurement from the ground; therefore, fill would not be significant. He emphasized that the Planning Commission had been very careful in evaluating proposed changes, never spoke to any developer outside of a public meeting, and said that he had no reason to believe there had been developer fraud. He discussed the elevation of the house pads and view analyses and the point from which these analyses were made.

Darryl Paul, 24501 Del Prado Ave., Suite F-2, Dana Point, CA 92539, attorney for S.A.V.E. RPV, disagreed with City Attorney Lynch’s analysis that the Council had authority to revoke Ocean Trails’ Conditional Use Permit only if there was fraud or non-compliance with conditions of the development agreement and cited the Municipal Code 17.86.060 which he said allowed the Council to revoke a Conditional Use Permit if it was issued erroneously, on the basis of incorrect information supplied by the applicant, or contrary to provisions of the Municipal Code. He felt that many aspects of the Municipal Code and the City’s land use laws had been violated and that even one violation would require that the Council revoke the Conditional Use Permit. He referred to one of the Coastal Specific Plan slides from staff’s PowerPoint presentation and stated that the impact to views was very significant.

Discussion between Mr. Paul and the Council included topics of views from specific homes; presentations by the developer in the past to residents, the Planning Commission, and the City Council; Mr. Paul’s photographic view analysis and analyses performed by the City and the developer; protected and unprotected views; information discussed in letters between Councilman Stern and Mr. Paul which were included in the agenda packet; and, a history of approvals and revisions documented by public meetings and resolutions adopted by the City.

Mary Casaburi, 3941 Palos Verdes Drive South, read from a letter she had submitted to the City Council, and provided photographs to substantiate her concerns regarding loss of views. She apologized that the date of the video shown at the July 18 meeting was incorrect. (A copy of Ms. Casaburi’s letter is on file with the City Clerk’s Office.)

Jabe Kahnke, 4003 Palos Verdes Drive South, said that most residents were not trained to interpret documents and plans and depended on the City to protect their views.

Dan De Borba, 4047 Palos Verdes Drive South, felt that silhouettes, not computer simulations, should be used to analyze views.

Lenee Bilski, 4255 Palos Verdes Drive South, read from a letter sent to the City Council and the City Manager from the America the Beautiful Fund in Washington D.C. regarding protection of the Atlantic and Pacific coastlines from development. She felt that poles and flags should be erected to show view impacts, not only as seen from the residences but also from Palos Verdes Drive South.

Uday Patel, 4011 Palos Verdes Drive South, said that in 1998 he had submitted calculations which indicated percentages of views being lost which he felt was more accurate than the many versions of the pictorial view analyses and he exhibited a chart for illustration. He said that wire framing would have indicated much of the ocean view was being lost by residents and he discussed the effect of the two-story homes which he said were originally to be one-story homes. He felt that staff was comparing recent computer simulations which was an incorrect method. He discussed the Coastal Specific Plan which made reference to view corridors and he said there had not been compliance. He stated that residents had been told that they had nothing to worry about in regard to Ocean Trails impacting their views and that it was easy to see today that there was great impact. Mr. Patel then discussed what he felt were inaccuracies in the computer simulated view analyses. (Copies of letters from Mr. Patel’s are on file with the City Clerk’s Office.)

Sharon Solari, 4145 Palos Verdes Drive South, presented to the Council 37 additional letters in support of the S.A.V.E. RPV group and discussed temporary stockpiling of dirt on the Ocean Trails property which she feared was not going to be temporary. She urged the Council to order a definitive view study at this time which would settle the matter once and for all. (Said letters are on file with the City Clerk’s Office.)

Diane Weinberger, 4206 Exultant, President of Seaview Residents Association, emphasized the importance of maintaining ocean views from Palos Verdes Drives South and agreed that constructing silhouettes would be in the best interest of all parties concerned.

RECESS & RECONVENE:

At 10:48 P.M., Mayor Byrd declared a recess. The meeting reconvened at 11:04 P.M.

Mike Sribney, 32415 Nautilus Drive, said that before he purchased his home in 1995 he discussed with Carolynn Petru the pad heights in correlation to views and she said that views would not be negatively impacted. He felt that the pads that he is seeing now will impact his view significantly and he asked that silhouettes be erected.

Milton Rosen, 4140 Admirable Drive, asked that the City put up frames before the City Council passed judgment on this issue.

Joseph Wang, 3913 Palos Verdes Drive South, exhibited a chart which he said showed that views will be blocked to an extent that was not expected and he cited City regulations which he felt made this blockage unacceptable. He asked that the City Council order silhouettes to be erected.

Ken Letum, 32334 Conqueror, reiterated what other speakers had said in reference to silhouettes.

Chonita Holmes, 3922 Admirable Drive, felt that posts should be put up rather than relying on computer simulations.

Raymond Green, 3200 Rotonda Drive, #406, former View Restoration Commissioner, said that plans are difficult for the average person to understand; that flagging the site would provide more useful information than computer simulated view analyses; and, that he felt that there were discrepancies regarding the grading plan and the fill on the clubhouse pad.

Rob Katherman, 18 Rockinghorse Road, former Planning Commissioner, said that Ocean Trails was a complicated site; that erection of silhouettes was not a City requirement when this project was approved but that it might be helpful at this time; that computer simulations indicated there would be no significant view blockage; and, that there had been lengthy meetings on the project. Mr. Katherman felt the house pads and the height of the clubhouse seem higher than he had imagined when they were approved. He also said that staff had carefully analyzed the possibility of view impact by two-story homes during Planning Commission meetings and that view analyses indicated there would be no significant impact.

Ken Zuckerman, One Ocean Trails Drive, representing Ocean Trails, said that the Ocean Trails project had been subjected to thorough scrutiny by the City, the California Coastal Commission, California Fish and Game, U.S. Fish and Wildlife, Army Corps of Engineers, the State Lands Commission, the State Historical Society, and the Regional Water Control Board. He stated that he had always insisted that anyone who speaks for Ocean Trails be honest and professional and that he stood proudly by their record and emphatically denied any fraud. Mr. Zuckerman explained that he had commissioned the 1999 computer simulations, which were based on the approved tentative tract map.

Mike Mohler, 11777 San Vicente Boulevard, Los Angeles, CA 90049, former project manager, said that he worked with the Ocean Trails project until early 1995 and that there were approximately 18 public meetings over a four or five year period. He emphasized that the developer’s staff had always done everything in their power to live up to the high standards of integrity that Mr. Zuckerman demanded and that there had been no effort to lie to the City or to the public.

Council discussion focused on the original plan submission, how the project changed through the years, and the fact that the 1991 view analysis shown in the video tape was for a project that was never approved.

RECESS & RECONVENE:

At 11:42 P.M., Mayor Byrd declared a recess to a Closed Session. The meeting reconvened at 12:07 A.M.

Council offered a proposal to Ken Zuckerman and to the residents that silhouettes be erected with permission from Mr. Zuckerman and with the expense to be borne by the S.A.V.E. RPV petitioners.

After discussion, Council consensus was to direct staff to prepare a letter outlining the details of this proposal for consideration by the parties involved.

Councilmember Lyon moved, seconded by Councilman Stern to determine that the City found no evidence that the developer used fraudulent means to obtain the development permits for the Ocean Trails project, as had been alleged in the S.A.V.E. RPV petition. Motion carried.

Fiscal Year 2000-2001 Diversion Program Additions (1204 x 1301)

Due to the lateness of the hour, Council consensus was to continue this item to September 5, 2000.

Resol. No. 2000- 53 - Fiscal Year 1999-2000 Recycling Revenue Grant Awards (Cycle 11) (1204 x 1301)

Due to the lateness of the hour, Council consensus was to continue this item to September 5, 2000.

Ordinance No. 359 - NPDES Regulations (1204 x 1402)

Staff recommendation was to INTRODUCE AN ORDINANCE AMENDING CHAPTER 13.10 OF RANCHO PALOS VERDES MUNICIPAL CODE TO INCORPORATE THE NEW STATE MANDATED SUSUMP REQUIREMENTS.

Mayor Pro Tem Lyon moved, seconded by Councilwoman Ferraro, to introduce Ordinance 359 amending Chapter 13.10 of Rancho Palos Verdes Municipal Code to incorporate the new State Mandated SUSUMP requirements.

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 the City Council unanimously agreed to take no action regarding the closed session Ocean Trails item and that the City Council unanimously directed staff to pursue a Memo of Understanding with St. John Fisher Church regarding the possibility of establishing an alternative antenna site on that property.

ORAL CITY COUNCIL REPORTS:

Mayor Pro Tem Lyon stated that she wished to give a report early in the agenda at the September 5, 2000 Council meeting regarding Regional Law Enforcement and Senior Housing.

Councilman McTaggart reported that after many months of waiting, the City is in possession of the mitre study regarding aircraft noise.

ADJOURNMENT:

The meeting was adjourned at 12:35 A.M. on the motion of Mayor Byrd.

 

 

_______________________

MAYOR

ATTEST:

 

__________________

CITY CLERK

 

 

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