City Council Minutes 09/05/2000 RPV, City, Council, Minutes, 2000, Meeting RPV City Council Minutes for the 09/05/2000 Meeting `

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

SEPTEMBER 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 7:03 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

CEREMONIAL MATTERS:

Mayor Byrd presented a proclamation to Rose Ackert representing the Peninsula Education Foundation proclaiming October "Support Your School" month.

APPROVAL OF AGENDA:

Because of the large number of speakers for the Army Corps of Engineers Environmental Restoration Project on the Redevelopment Agency agenda, Council consensus was to hear the RDA items immediately after the most critical City Council items and continue any other items which might extend the meeting too late.

Councilwoman Ferraro moved, seconded by Councilman Stern, to approve the agenda as amended. Motion carried.

APPROVAL OF CONSENT CALENDAR:

Councilman McTaggart moved, seconded by Councilwoman Ferraro, 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

Approved the minutes of August 15, 2000.

Professional Services Agreement with Aon Consulting for Financial Analysis of CalPERS Actuarial (1101 x 1202)

(1) Approved an agreement with Aon Consulting for financial analysis of the CalPERS actuarial for the 2% @ 55 and one-year final compensation employee retirement formula. (2) Authorized the Mayor and the City Clerk to execute the agreement.

Resol. No. 2000-54 - FY 2000-20001 Overlay and Slurry Seal Program (1204 x 602)

(1) Awarded a contract for the construction of the Fiscal Year 2000-2001 residential street overlay and slurry seal to Silvia Construction, Inc. for the contract bid amount of $1,543,780.00, and authorize staff to spend up to an additional $77,220.00 for possible extra work, for a total authorization of $1,621,000. (2) Authorized the Mayor and the City Clerk to execute a contract with Silvia Construction, Inc. (3) Awarded a contract to Willdan Associates, Inc., for the Contract Management, and inspection services in an amount not to exceed $57,000. (4) ADOPTED RESOLUTION NO. 2000-54, 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, FOR A BUDGET ADJUSTMENT TO THE CITY’S CAPITAL PROJECTS FUND. (5) Authorized the Mayor and the City Clerk to execute a contract with Willdan Associates, Inc.

Appointment of Miraleste Recreation and Park District Board Member (301 x 1200)

Appointed Keith Harter as a Board Member to the Miraleste Recreation and Park District with a term of office until December 2003.

July 2000 Treasurer’s Report (602)

Received and filed.

Resol. No. 2000-55 - FY 1990-2000 Budget Adjustments (602 x 1204)

ADOPTED RESOLUTION NO. 2000-55, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS, AMENDING RESOLUTION NO. 99-41, THE BUDGET APPROPRIATION FOR FY 1990-2000, TO INCREASE BUDGETED APPROPRIATIONS IN THE CAPITAL IMPROVEMENT PROJECTS (CIP) FUND AND MEASURE "A" FUND.

 

Resol. No. 2000-56 - Register of Demands (602)

ADOPTED RESOL. NO. 2000-56, 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

# # # # # # # # # # #

REGULAR BUSINESS:

Pilot Program of Speed Humps on Basswood Avenue (1204 x 1503)

Director Allison presented the staff report of September 5, 2000 and the recommendation to (1) Determine that the six-month pilot program of speed humps on Basswood Avenue had been successful. (2) Confirm that speed humps should continue to be part of the City’s Traffic Calming Program.

Mike Peterson, M.D., 5319 Ironwood Street, said he was an emergency room physician and UCLA Professor of Medicine, and was concerned about the speed humps slowing down emergency medical response. He showed an American Heart Association chart indicating that every second counts when resuscitating a person. He questioned if the fire department had actually timed their response time before indicating that there had been no impact by the speed humps on Basswood. (A copy of the chart Dr. Peterson submitted is on file with the City Clerk’s Office.)

Hans Aichinger, 5423 Littlebow Road, expressed concerns about the speed humps slowing emergency medical response and their effect on aesthetics and property values in the neighborhood. He disagreed with the use of booklets from of other communities in determining this method of speed control and thought there might be another less expensive, more effective way of handling the speed problem. He said that he had spoken with Batallion 14, Station 106 and felt there was contradictory information regarding the impact of the speed humps on emergency response time.

Robert Gibson, 26727 Basswood Avenue, felt that higher speed humps would have reduced speed even further but he was please that there had been some improvement.

Jim Cummings, 26841 Basswood Avenue, said that at a block party held in July by his homeowners association indicated the consensus that the speed humps had been successful. He felt that diversion to other streets had not been significant and he described a situation in which a perspective buyer was convinced to proceed with his purchase of a home in the neighborhood because the speed humps were on Basswood.

Dan Colburn, 26804 Basswood Avenue, stated that the speed humps had resulted in a reduction in speed and that he had observed the fire department in the neighborhood that day and felt that they were not required to slow down.

Sharon Waller, 26415 Basswood Avenue, was pleased the speed humps had been installed on Basswood and urged to Council to consider an installation on upper Basswood, particularly to insure safety of children at Silver Spur Elementary where there had been near misses of students.

Bruno Koch, 26639 Basswood Avenue, said that he represented 60 families from upper Basswood and he felt the speed humps were a good idea. He reported that the fire department could traverse the section of Basswood with speed humps in 30 seconds at 25 mph and if they slowed to 15 mph, it would take 40 seconds.

Mayor Pro Tem Lyon moved, seconded by Councilman Stern, to (1) Determine that the six-month pilot program of speed humps on Basswood Avenue had been successful. (2) Confirm that speed humps should continue to be part of the City’s Traffic Calming Program.

Council discussion clarified that speed humps were not effective on hills and that not all neighborhood applications would be approved for installation but that homeowners associations should work with the City if there was a need for traffic speed control in their area. It was suggested that radar surveillance would increase the effectiveness of the speed humps.

Memorandum of Understanding – St. John Fisher Church (1203)

City Manager Evans presented the staff report of September 5, 2000 and the recommendation to approve a Memorandum of Understanding with St. John Fisher for processing applications for a bell tower/commercial antenna on the church property.

Council discussion centered on the duration of the lease, which had not yet been determined because of the need for input from the church.

Lois Larue, 3136 Barkentine Road, objected to the use of a church bell tower for antennas, stating that it was blasphemous and a violation of the separation of church and state.

Herb Clarkson, 6424 Seabryn Drive, said that this would be a poor site unless it was an extremely high tower based on his radio experience on the Peninsula, and he asked for copies of the tests which had been performed. He felt that relocating the commercial radio site to another location would simply relocate the resident complaints and he said that a bell tower considered at St. John Fisher ten years ago was not favored by the neighborhood.

Dodie Clarkson, 6424 Seabryn Drive, referred to the project proposed ten years ago which was rejected primarily because of the noise of the bells. She felt it was unnecessary to spend funds for a survey when there were knowledgeable City residents who could provide information.

Council consensus was to continue to a later meeting after comments on the MOU are received from St. John Fisher Church.

Resol. No. 2000-57 - Fiscal Year 1999-2000 Recycling Revenue Grant Awards (1204 x 1301)

Director Allison presented the staff report of September 5, 2000 and the recommendation to (1) Award 38 recycling grant totaling $85,589.85, for Recycling Grant Cycle 11, as shown on Exhibit "A". (2) Defer the request for a beautification grant from the Miraleste Homeowners Association to the September 19, 2000 City Council meeting. (3) Adopt the proposed resolution amending Resolution No. 99-41, the budget appropriation for fiscal year 1999-2000 to increase budgeted appropriations in the recycling fund in the amount of $10,600. (4) Revise the program guidelines for the Recycling Revenue Grant Awards by reducing the grant amount from its current limit of $2,500 to $2,000.

Council discussion focused on the $85,000 fixed amount of recycling fund the City receives from the haulers and if it provided an incentive for the haulers to encourage recycling; the postponement of discussion of the grant for the Miraleste Homeowners Association until the September 18 Council Meeting; and, whether the grant amount should remain the same or be reduced.

Additional discussed centered on funding for median beautification which would have to come from another source and could be discussed at the next budget sessions; if the amount of each individual grant should be reduced from $2500 to $2,000, the fact that the applicants for these grants are required to obtain three bids for their projects and that the projects have to meet certain criteria to be eligible.

Councilman Stern moved, seconded by Councilman McTaggart to (1) Award 38 recycling grant totaling $85,589.85, for Recycling Grant Cycle 11, as shown on Exhibit "A". (2) Defer the request for a beautification grant from the Miraleste Homeowners Association to the September 19, 2000 City Council meeting. (3) ADOPT RESOLUTION NO. 2000-57, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 99-41, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1999-2000 TO INCREASE BUDGETED APPROPRIATIONS IN THE RECYCLING FUND IN THE AMOUNT OF $10,600. (4) Maintain the Recycling Revenue Grant amount at $2,500.

The motion carried on the following roll call vote:

AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
NOES: None

ABSTAIN: Mayor Byrd on the grant for his Homeowner’s Association (Ladera Linda)

San Ramon Drainage (1204 x 1405)

Director Allison presented the staff report of September 5, 2000 and the recommendation to (1) Award a Professional Services Agreement with AGRA Earth & Environmental, Inc. in the amount of $35,160 for Professional Geology and Geotechnical Services and authorize the Mayor and City Clerk to execute the Agreement. (2) Award a Professional Services Agreement with DMc Engineering, Inc. in the amount of $51,950 for Professional Engineering Services and authorize the Mayor and City Clerk to execute the Agreement. (3) Authorize staff to move forward with the emergency interim Phase II drainage and land stabilization improvements associated with the San Ramon drainage project and to develop the necessary methods to construct these improvements before the end of the year.

Councilman McTaggart 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

AUDIENCE COMMENTS:

Stephen Carpenter, 6230 Scotmist Drive, spoke in opposition to the use of City land for a golf course. He said that developments in the City had impacted residents who enjoyed open space and he was in favor of undeveloped parks and retaining historical features such as the military bunkers on City property. He was concerned about a conflict between hiking trails and flying golf balls.

Rowland Driskell, 30 Via Capri, spoke in favor of maintaining open space for future citizens and that the public land, which does not actually belong to the City Council, should not be given or traded away. He was concerned about additional traffic resulting from the proposed Long Point project, displacement of wild animals by this and recent developments, and other slides such s the one at Ocean Trails.

Mary Casaburi, 3941 Palos Verdes Drive South, felt that there had not been proper notification to residents regarding Ocean Trails items, including the S.A.V.E. RPV item in the past and items at this meeting. She urged the Council to approve continuation of the Ocean Trails Revision "O" item to give the neighbors time to study the issue.

Jabe Kahnke, 4003 Palos Verdes Drive South, felt that there had not been proper notification to residents regarding Ocean Trails items, including the S.A.V.E. RPV item in the past and items at this meeting. She urged the Council to approve continuation of the Ocean Trails Revision "O" item to give the neighbors time to study the issue.

Herb Clarkson, 6424 Seabryn Drive, spoke in support of dissemination of complete staff reports to the public, indicating that the library copy was no longer being provided by the City and that that the web site included staff reports but not attachments. He urged the Council to resume placing a complete agenda packet at the libraries again. He disagreed with the report that there had been only one inquiry for the packet in the last two years, which was the reason given for the discontinuance.

Jim Hathaway 28955 Crestridge Road, spoke as a member of Save our Coastline II, informing the Council that there would soon be a new County golf course at Palos Verdes Drive North and Crenshaw which would impact the number of golfers interested in playing at a golf course proposed on City land and indirectly affect the City if public land were used.

RECESS & RECONVENE:

At 8:20 P.M., Mayor Byrd adjourned to the Redevelopment Agency. The City Council meeting reconvened at 12:04 A.M. (Councilwoman Ferraro was absent, having been excused at 12:02 A.M. during the Redevelopment Agency meeting.)

PUBLIC HEARINGS:

Resol. Nos. 2000- 58 and 59 - Revision "N" to the Ocean Trails Project to Amend Conditional Use Permit No. 163 to Allow Drainage into Forrestal Canyon (1411 x 1203)

Mayor Byrd opened the public hearing on this request to consider Revision "N" to the Ocean Trails Project to Amend Conditional Use Permit No. 163 to Allow Drainage into Forrestal Canyon. City Clerk Purcell announced that notice had been duly published and that all comment letters were included in the agenda packet.

Senior Planner Pfost presented the staff report of September 5, 2000 and the recommendation to (1) Adopt the proposed resolution approving a Mitigated Negative Declaration. (2) Adopt the proposed resolution approving Conditional Use Permit No. 163 – Revision "N", permitting a change to the design of the western portion of the Ocean Trails project drainage facilities from a tunneled pipe system to the existing on-site Forrestal Canyon. He noted changes to the staff report regarding construction hours on Saturday which would now be 7:00 to 5:00 P.M. and the structures being constructed from concrete with color mixed in, rather than painted concrete.

Stan Helenschmidt of Cotton Shires Associates, a firm conducting the geotechnical review of the project for the City, said that there was bedrock in this section of the property, unlike the slide areas which contained fractured rock which allowed infiltration of water. He added that, as part of the monitoring and maintenance plan, the development consultant would be required to inspect the area after heavy rainfall and make repairs as needed. He said that, as an added precaution, there were energy dissipaters in the canyon to slow the flow of water.

Council discussion focused on water traveling through the canyon rather than through a tunneled structure to divert water to the beach as was currently approved through the original EIR and there was some apprehension about canyon erosion and land stability.

Ken Zuckerman, representing Ocean Trails, One Ocean Trails Drive, said that the plan removes an unattractive structure; that it was environmentally sound; and, that it would provide an opportunity for greater habitat enhancement in the upper reaches of Forrestal Canyon and at Ocean Trails. He confirmed that his geologist and the City geologist felt there would no adverse geological impacts from the proposed plan and that, in fact, there would be improved conditions by relocating the water from the upper canyon to the lower canyon where there was harder rock.

Lois Larue, 3136 Barkentine Road, described golf courses as toxic waste sites and referred to the lakes on the Ocean Trails golf course installed to receive the toxic waste in order for it to be carried offsite.

Additional Council discussion included a comparison of the current Ocean Trails outlet structure to the ones installed for water diversion at Oceanfront Estates at Subregion 1.

Mayor Byrd closed the public hearing.

Councilman Stern moved, seconded by Mayor Pro Tem Lyon, to (1) ADOPT RESOLUTION NO. 2000-58, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING A MITIGATED NEGATIVE DECLARATION. (2) ADOPT RESOLUTION NO. 2000-59, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING CONDITIONAL USE PERMIT NO. 163 – REVISION "N", PERMITTING A CHANGE TO THE DESIGN OF THE WESTERN PORTION OF THE OCEAN TRAILS PROJECT DRAINAGE FACILITIES FROM A TUNNELED PIPE SYSTEM TO THE EXISTING ON-SITE FORRESTAL CANYON.

The motion carried on the following roll call vote:

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

ABSENT: Ferraro (left at 12:02 A.M.)

Councilman McTaggart explained that he voted against the proposal because he felt there were other solutions which would have been visually appealing and more environmentally sound.

Revision "O" to the Ocean Trails Project to Amend Conditional Use Permit No. 162 to Clarify Homeowner Association Membership (1411 x 1203)

Mayor Byrd announced that Ocean Trails had withdrawn their request.

REGULAR BUSINESS:

Ocean Trails – Licensing Agreement for the Use of the Lower Portion of Shoreline Park (1411 x 1203)

Senior Planner Pfost presented the staff report of September 5, 2000 and the recommendation to approve the licensing agreement with Ocean Trails for the use of the lower Shoreline Park. He said that a copy of a revised licensing agreement was distributed to Council at the onset of the meeting.

A discussion with staff prompted deletion of the phrase "in perpetuity" in paragraph 8 because it conflicted with the term of 21 years.

Councilman Stern moved, seconded by Mayor Byrd, to adopt the staff recommendation.

Lois Larue, 3136 Barkentine Road, questioned the use of the phrase "an Act of God" in describing the landslide and asked for an explanation of the fees to be paid by Ocean Trails relative to this agreement.

 

The motion carried 4-0-1. (Councilwoman Ferraro left at 12:02 A.M.)

Review of Forrestal Management Plan (1203 x 1201)

Council consensus was to continue this item at a workshop with the City Council, Parks and Recreation Committee and the Finance Advisory Committee. It was tentatively schedule for Saturday, October 7, after the Community Leaders Breakfast, at Hesse Park.

Appropriation and Agreement for Lawsuit Against the FAA and Purchase of Flight Tracking Equipment (1101 x 1505)

Council consensus was to continue this item to September 19, 2000.

Ordinance 359 - NPDES Regulations (1204 x 1402)

Council consensus was to continue this item to a later date.

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

Council consensus was to continue this item to September 19, 2000.

Proposed Acquisition of the Tidemark Solutions Permit Tracking System (1203 x 201)

Council consensus was to continue this item to October 3, 2000.

Funding Plan for Abalone Cove Storm Drain (1900 x 310)

Council consensus was to continue this item to September 19, 2000.

Request to Explore Reducing the Utility Users Tax (1501 x 1601)

Council consensus was to refer this item to the Finance Advisory Committee.

CLOSED SESSION REPORT:

City Attorney Lynch reported that the City Council took no action on the McCaul case; unanimously agreed to accept the defense of all individually named defendants in reference to the Mark Abrams litigation; took no action on the Tyler case; and, and took no action on the possible litigation against either Los Angeles County or the Federal Government regarding PVIC

ADJOURNMENT:

The meeting was adjourned at 12:48 A.M. on the motion of Mayor Byrd.

_______________________

MAYOR

ATTEST:

__________________

CITY CLERK