City Council Minutes 01/10/2000 RPV, City, Council, Minutes, 2000, Meeting RPV City Council Minutes for the 01/10/2000 Meeting M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 19, 2000

 M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

DECEMBER 19, 2000

The meeting was called to order at 7:00 P.M. by Mayor Lyon at Fred Hesse Community Park, 29301 Hawthorne Boulevard.  After the Pledge of Allegiance, roll call was answered as follows:

PRESENT:               Byrd, Ferraro, McTaggart, Stern, and Mayor Lyon
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 Joel Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; City Clerk/Administrative Services Director Jo Purcell; Deputy Director of Planning Dave Snow; Senior Planner Greg Pfost; Senior Planner Kit Fox; and, Deputy City Clerk/Recording Secretary Jackie Drasco.

PRESENTATION:

Presentation by Ivan Stevenson regarding the Peninsula Emergency Response Team (PERT).

Mr. Stevenson described the origin of PERT, a Sheriff’s Department program which began in 1996; its purpose to provide assistance to the community during disasters; and the ongoing process of certifying teams throughout the nation BY FEMA standards. He encouraged all Peninsula residents to attend the new training session beginning January 18 and to register or obtain more information by calling Sgt. Rosas at 891-3227.  Flyers are posted throughout the City and information is available at City Hall, in the City Newsletter, on the reader board, and on the City web site.

RECYCLING DRAWING:

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

APPROVAL OF AGENDA:

  1.  

City Attorney Lynch explained that there had been changes to the Non-Exclusive Commercial Refuse Collection and Disposal Services Agreement Annual Renewal for 2001.  Council consensus was to remove the item from the Consent Calendar and discuss the changes.  Councilman Stern moved, seconded by Mayor Pro Tem McTaggart, to approve the agenda as amended.  Motion carried.

APPROVAL OF CONSENT CALENDAR:

Mayor Pro Tem McTaggart moved, seconded by Councilwoman Ferraro to approve the Consent Calendar as follows:

Minutes of November 21, 2000  (301)

Adopted the minutes.

Resol. No. 2000- 87 - Adopt a Disadvantaged Business Enterprise (DBE) Program for the Federal Fiscal Year 2000-2001  (1204 x 601)

ADOPTED RESOLUTION NO. 2000-87, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING THE CITY’S DBE PROGRAM FOR FEDERAL FISCAL YEAR 2000-2001 IN CONFORMANCE WITH THE UNITED STATED DEPARTMENT OF TRANSPORTATION REGULATIONS.

Professional Engineering Services for the Fiscal Year 2001-2002 Slurry Program and Fiscal Year 2001-2002 Overlay Program  (1204 x 1404)

(1) Awarded a Professional Services Agreement to Willdan Associates, Inc. in the amount of $39,965, and authorized staff to spend an additional $ 5,035 for a total authorization of $45,000 for the design services for Fiscal Year 2001-2002 Slurry and Fiscal Year 2001-2002 Overlay Programs.  (2) Authorized the Mayor and the City Clerk to execute a Professional Services Agreement with Willdan Associates, Inc.

Request for Waiver of the Application Fee for Conditional Use Permit No. 132-Revision ‘D’ (Requestor: Peninsula School of Performing Arts, 6245 via Cañada).   (1203)

Approved the requested fee waiver.

Parkland Dedication Fees for Final Parcel Map No. 25706 (Landowner/Applicant: Richard Meine, 3340 Via Campesina)  (1201 x 1203)

Accepted the parkland dedication (Quimby) fee for Final Parcel Map No. 25706, pursuant to the City’s parkland dedication fee formula in the amount of $18,286.97.

Gifts for Parks  (1201)

Accepted the Gifts for Parks donations and direct staff to prepare letters for the Mayor’s signature expressing the Council’s appreciation.

Contracts for Whale of a Day Special Event  (1201)

Authorized the City Manager to sign the proposed contracts associated with the City’s 17th Annual Whale of a Day celebration.

Resol. No. 2000-88 - Appeal of Grading Permit No. 1928-Revision ‘B’ (Applicant/Appellant: Arik Abdalian, 30025 Cachan Place)  (1203 x 1801)

ADOPTED RESOLUTION NO. 2000-88, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION’S ACTION ON THE APPLICATION FOR GRADING PERMIT NO. 1928-REVISION ‘B’; AND REMAND TO THE PLANNING COMMISSION THE ADDITIONAL PROJECT MODIFICATIONS PROPOSED BY THE APPLICANT/APPELLANT AS A NEW AND SEPARATE REVISION TO GRADING PERMIT NO. 1928.

Resol. No. 2000-89 - Register of Demands  (602)

ADOPTED RESOL. NO. 2000-89, 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:            Byrd, Ferraro, McTaggart, Stern, and Mayor Lyon

NOES:           None

            ABSTAIN:     Stern, on the Fee Waiver item.

            #          #          #          #          #          #          #          #          #          #          #         

Non-Exclusive Commercial Refuse Collection and Disposal Services Agreement Annual Renewal for 2001  (1201 x 1301)

Director Allison presented the staff report of December 19, 2000 and the recommendation to authorize the Mayor and the City Clerk to execute non-exclusive commercial refuse collection and disposal services agreements with: A & A Waste & Roll Off, Ace Roll Off Rubbish Service, Inc., BFI Waste Systems of North America, Inc. (BFI), California Waste Services, Consolidated Disposal Services, LLC, Easy Roll Off Services, EDCO Disposal Corporation, HMD Waste Company, Integrated Waste Industries, Inc., Ivy Rubbish Disposal, L& S Disposal, OK Disposal Service, S & H Disposal Company, and Waste Management- Los Angeles District.

City Attorney Lynch described changes to the agreement since the agenda packet was distributed.
 
Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart, to adopt staff recommendation with the changes from City Attorney Lynch.
 
The motion carried on the following roll call vote:

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

PUBLIC HEARINGS:

Resol. 2000-90 - Code Enforcement Regarding Illegal Grading and Dumping at 1942 Caddington Drive (James Dao, Property Owner)  (1203 x 1801 x 1701)

Mayor Lyon opened the public hearing on this request to discuss code enforcement regarding illegal grading and dumping.  City Clerk Purcell announced that notice had been duly published and that there were no comment letters received by the City.

Deputy Director of Planning Snow presented the staff report of December 19, 2000 and the recommendation to adopt the proposed resolution declaring the un-permitted grading, consisting of excavation and dumping of excavated material in a natural canyon, at 1942 Caddington Drive a public nuisance pursuant to Rancho Palos Verdes Municipal Code § 8.24.070 (b), and directing staff to proceed with enforcement actions.  A PowerPoint presentation showed photographs of the site.

Council discussion centered on the history of the problem and the process for declaring a public nuisance and achieving compliance.

The property owner was not present at this time.

Councilman Stern moved, seconded by Councilman Byrd, to ADOPT RESOLUTION NO. 2000-90, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING THE UN-PERMITTED GRADING, CONSISTING OF EXCAVATION AND DUMPING OF MATERIAL IN A NATURAL CANYON, AT 1942 CADDINGTON DRIVE A PUBLIC NUISANCE PURSUANT TO RANCHO PALOS VERDES MUNICIPAL CODE § 8.24.070 (B), AND DIRECTING STAFF TO PROCEED WITH ENFORCEMENT ACTIONS.

The motion carried on the following roll call vote:

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

Later in the evening (at 8:44 P.M.), the property owner in this matter arrived at the meeting.  It was the consensus of Council to reopen the public hearing.  Mayor Lyon so ordered.

James Davis Dao, 1942 Caddington Drive, described his efforts to comply with City regulations and explained that the tardiness of submitting a geology report resulted from his search for a geologist with reasonable rates.  When shown the photographs of his property exhibited during the PowerPoint presentation, Mr. Dao agreed that they accurately depicted his property except that he had added grass and landscaping to reduce the risk of erosion.

Council discussion focused on the planting of grass and other plants which violated the stop work order; that irrigation of this vegetation could contribute to the destabilization of the slope above jeopardizing his neighbor’s home; and, that the City geologist had requested that Mr. Dao submit a supplemental geology report which had never been received.

Mayor Lyon closed the public hearing.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart, to ratify the previous action of the Council. The motion carried unanimously.

Draft Amendment to the General Plan Housing Element  (1204 x 1201)

Mayor Lyon opened the public hearing on this request to discuss the Draft Amendment to the General Plan Housing Element.  City Clerk Purcell announced that notice had been duly published and that there were no written comments received by the City.

Senior Planner Pfost presented the staff report of December 19, 2000 and the recommendation to (1) Receive comments from the public and the City Council. (2) Direct staff to make any revisions to the Draft Housing Element based upon public and City Council comments, and forward the revised Draft Housing Element to the Department of Housing and Community Development for their 45-day review period.

Council discussion focused on consequences of not adopting a housing element or not having a housing element approved by the State; and, the uncertainty of future requirements, especially in light of the 2000 Census.

Clara Duran Reed, 30652 Palos Verdes Drive East, discussed affordable housing; inadequate noticing to homeowners for the November 28 Planning Commission meeting; and, requested that that the City Council seek input from residents regarding development and maintaining open space.
 
Jim Reed, 30652 Palos Verdes Drive East, stated that the number of affordable units was much less than previously thought and he suggested that affordable units be placed on property that has already been developed in order to protect open space.
 
Monica Mortensen, 5419 Meadowland Lane, requested that the Council take residents into consideration when making decisions about development on property which might be unstable.
 
There being no further testimony, Mayor Lyon closed the public hearing.

Council discussion centered on the fact that a draft housing element would be sent to the State for comments and that there would be two additional public hearings.  It was stressed that the City approving a housing element does not approve any specific development projects.

Mayor Pro Tem McTaggart moved, seconded by Councilman Byrd, to Direct staff to make any revisions to the Draft Housing Element based upon public and City Council comments, and forward the revised Draft Housing Element to the Department of Housing and Community Development for their 45-day review period.  Motion carried.

REGULAR BUSINESS:

Resol. No. 2000-91 - Abalone Cove Beach Improvement Project  (1204 x 1201)

Director Allison presented the staff report of December 19, 2000 and the recommendation to (1) Receive and file a project update.  (2) Authorize the expenditure of up to $20,000 in professional services.  (3) Adopt the proposed resolution amending Resolution No. 2000-33, the Budget Appropriation for Fiscal Year 2000-2001, for a Budget Adjustment to the City’s Capital Improvement Project Fund.

Council discussion focused on some recommendations made by the California Coastal Commission which expanded the scope of the project, such as additional parking spaces and a later closing time in the evening; the financial impact of these recommendations and whether they would be implemented, which would not be known until meetings were held with the Coastal Commission, and, the importance of protecting the tide pools.

Elisabeth Ryan, 3224 Barkentine Road, stated that many residents want Abalone Cove to remain in its natural state and are concerned about unstable land, removal of natural vegetation, and destruction of marine life.

Tom Redfield, 31273 Ganado Drive, concerned with maintaining land stability, suggested that before any additional costs are incurred, a workshop be held with City staff and concerned residents.  He felt that with input from the citizens, some changes such as better security, refurbished buildings, and better parking would be acceptable.
 
Jim Knight, 5 Cinnamon Lane, discussed handicapped parking; the importance of protecting the tide pools, citing the damage to the tide pools when the beach was under County control; and, the possibility of beachgoers returning to their cars after dark when the parking lot gate was locked.

Council discussion centered on the past five years of history of the project; the scaling back of the plan; input of the Recreation and Parks Committee, the public and the docents in proposing the improvements

Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart, to (1) authorize the expenditure of up to $20,000 in professional services.  (2) ADOPT RESOLUTION NO. 2000-91 - 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 ITO THE CITY’S CAPITAL IMPROVEMENT PROJECT FUND.

The motion carried on the following roll call vote:

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

Council comments included the concern that the Coastal Commission might reverse some of the Council’s scaling back of the project.  The suggestion was made that a tide pool patrol and a public education program be instituted, as in the City of Dana Point.  It was noted that there would be additional hearings with opportunity for public input after meetings with the Coastal Commission.

RECESS & RECONVENE:

At 8:25 P.M., Mayor Lyon declared a recess.  The meeting reconvened at 8:44 P.M.
 
PUBLIC COMMENTS:
 
Arlene Block, 29927 Avenida Anillo, representing the League of Women Voters, discussed land use issues, spoke in support of shoreline views, public access, and public use of public land.  She summarized her written request that the Council and City staff propose a plan for the use of upper Point Vicente Park, the City Hall site within the next few months; and that an interest survey be mailed to every City resident, asking for suggestions for use of the site and whether they would support a bond issue or tax increase to support their suggestions.  (A copy of Ms. Block’s statement is on file with the City Clerk’s Office.)

Requests for City Council Appeal of Conditional Use Permit No. 158-Revision ‘C’, Coastal Permit No. 94-Revision ‘A’, Encroachment Permit No. 32 and Sign Permit No. 1096  (Applicant: RPV Associates llc, Tract No. 46628 (Oceanfront); Appellants: Mayor Pro Tem McTaggart, Councilman Stern)  (1203 x 310 x 1411)

Senior Planner Fox presented the staff report of December 19, 2000 and the recommendation to consider the requests of Mayor Pro Tem McTaggart and Councilman Stern for a City Council appeal of the Planning Commission’s approval of Conditional Use Permit No. 158-Revision ‘C’, Coastal Permit No. 94-Revision ‘A’, Encroachment Permit No. 32 and Sign Permit No. 1096.

Penny Fooks, 30457 Via Cambron, requested a clarification of why the two Councilmembers were asking the Council to consider an appeal, and described her experience attending two Planning Commission hearings regarding this matter during which nearby residents reversed their opposition and agreed to the compromise offered.  She felt that if the neighbors living near Oceanfront Estates did not object to these observation booths, a fair decision had been made.

Mayor Pro Tem McTaggart read the letter he submitted requesting that the Council consider an appeal and stated that the observation booths on public streets would be a psychological barrier on public streets; that they would set a bad precedent; that approval of the project was conditioned upon access to the streets within the development; and, that these structures would not comply with the Coastal Act-Proposition 20 and the City’s General Plan.  (Mayor Pro Tem McTaggart’s letter was included in the agenda packet and is on file with the City Clerk’s Office).

Councilman Stern, the co-requestor, expressed his agreement with Mayor Pro Tem McTaggart’s appeal letter.

John Hoffman, 45 Via del Cielo, a homeowner in the Oceanfront Estates, said that he felt the observation booths did not intimidate the public because of the sign posted to indicate that access was not restricted, and that the personnel in the booths provided a feeling of security to homeowners as well as assistance to their guests and service providers in locating their homes.

Fred Menoufi, 16 Nuvola Court, said that he had purchased a home in Oceanfront Estates also and that he had lived in the City since 1984.  He felt that the observation booths would give the residents a feeling of safety and that the sign which would be posted at each booth would make it clear that access was not restricted.
 
Tim Hamilton, representing Capital Pacific Homes, 30796 La Mer, Laguna Niguel CA 92677, explained that the reason the observation booths were being requested at this time was because the developer who had received the original approval was ultimately not the developer who finalized the project, and requests had come from buyers and potential buyers to provide this amenity.  He felt that directing visitors would be one of the guard’s main tasks since there were no street lights and the streets were winding, making addresses sometimes difficult to locate.  He stated that the Planning Commission had performed a thorough analysis; the compromise included reduction of the size and height of the booths and relocation to protect views; and, access through the streets and to the coast and to the walking trails was available to the public.
 
Rob Katherman, representing Capital Pacific Homes, 19300 South Hamilton Avenue, #230, Gardena, CA  90245, stated that the observation booths were designed in the same architectural style as the homes; that they would not have the appearance of military style guard stations; the personnel in the booths would not have uniforms or sidearms; that these types of structures were present in the Island View and Rancho Palos Verdes Estates developments; and, that the guards would respond the questions but otherwise would not interact with passersby.

Council discussion centered on the fact that the two other developments mentioned by Mr. Katherman are not in the coastal zone of the City and that the City would control permits in the coastal zone unless there was an appeal to the Coastal Commission.  It was argued that objections could have been raised by Councilmembers during the two Planning Commission hearings rather than appealing the Commission’s decisions since Councilmembers receive minutes of all Planning Commission meetings, and that staff time and taxpayer dollars would be used if an appeal was filed.

Councilman Byrd moved, seconded by Councilman Stern, to appeal the Planning Commission’s action concerning the observation booths only and allow the remainder of the Planning Commission’s decision to stand and to be implemented.

The motion carried on the following roll call vote:

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

RECESS & RECONVENE:

At 9:38 P.M., Mayor Lyon declared a recess to the Redevelopment Agency Meeting.  The Council meeting reconvened at 11:59 PM

Resol. No. 2000-92 - Resolution Supporting the Acquisition of Open Space lands within the Portuguese Bend area  (1203 x 305)

The staff recommendation was to adopt the proposed resolution supporting the acquisition of open space lands within the Portuguese Bend area and authorizing the mayor to send a letter to this effect to the Palos Verdes Peninsula Land Conservancy.

Councilman Byrd moved, seconded by Councilwoman Ferraro, to ADOPT RESOLUTION NO. 2000-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES SUPPORTING THE ACQUISITION OF OPEN SPACE LANDS WITHIN THE PORTUGUESE BEND AREA AND AUTHORIZING THE MAYOR TO SEND A LETTER TO THIS EFFECT TO THE PALOS VERDES PENINSULA LAND CONSERVANCY.

Acquisition of a Replacement Vehicle for the Department of Planning, Building, and Code Enforcement as budgeted for Fiscal Year 2000-2001  (1203 x 602)

Staff recommendation was to authorize the Department to purchase the new departmental vehicle budgeted for Fiscal Year 2000-2001, awarding the bid to the Casa de Gonzales dealership, as the lowest responsive bidder, in the amount of $21,145.06.

Councilman Stern moved, seconded by Mayor Pro Tem McTaggart, to adopt the staff recommendation.

The motion carried on the following roll call vote:

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

Altamira Canyon Channel Improvements  (1204 x 604)

Staff recommendation was to (1) Award a professional service contract to RBF Consulting for the design of improvements to the Altamira Canyon Channel in an amount not to exceed $105,000, and authorize the expenditure of up to an additional $5,000 for possible extra services for a total authorization of $110,000. (2) Authorize the Mayor and the City Clerk to execute an agreement with RBF Consulting.  (3) Award a professional service contract to Zeiser Kling Consultants Inc., for geotechnical services required for the channel improvements to the Altamira Canyon Channel for an amount not to exceed $15,000.  (4) Authorize the Mayor and the City Clerk to execute an agreement with Zeiser Kling.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart to adopt the staff recommendation.

The motion carried on the following roll call vote:

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

City Council Assignments for 2001  (301 x 306)

The staff recommendation was to make Council assignments. 

  1.  
  2. Mayor Lyon announced the following assignments:

ORGANIZATION                                                                              DELEGATE/ALTERNATE
City Selection Committee                                                               Lyon/McTaggart
League of Calif. Cities L.A. County Division                                 Lyon/McTaggart       
So. Calif. Assoc. Of Governments (SCAG)                                   McTaggart/Lyon
So. Bay Cities Council of Govts.  (SBCOG)                                 Lyon/ McTaggart
San. Districts (Dist. No. 5 & So. Bay San. District)                     Lyon/McTaggart
Calif. Joint Powers Ins. Authority     (CJPIA)                                  McTaggart/Byrd
Contract Cities                                                                                  McTaggart/Byrd
So. Bay Youth Project                                                                       Stern/Ferraro
Chambers of Commerce                                                                 Entire Council
Santa Monica Bay Restoration Project                                          Ferraro/Stern
Palos Verdes Trans. Authority                                                         Byrd/Ferraro
Max Policy Steering Committee                                                     McTaggart/Ferraro
Pen. Regional Law Enforcement                                                    Stern/McTaggart
West Basin Water District                                                               Lyon/Byrd

AD HOC COMMITTEE
City Beautification                                                                             Lyon/McTaggart

STANDING COMMITTEE

Natural Community Conservation Plan (NCCP)                            McTaggart/Byrd

LIAISON ASSIGNMENTS                                                              LIAISON / ALTERNATE
Council Liaison to Ocean Trails                                                      Stern/Lyon
Council Liaison to Western Avenue Corridor Task Force           Stern/Ferraro                        
Council Liaison to LAX Expansion/Noise                                      McTaggart/Ferraro

Council consensus was to accept the assignments.

Meeting Schedule for 2001  (307)
  1.  

Assistant City Manager Petru presented the staff report of December 19, 2000 and the recommendation to (1) Schedule a Joint Workshop with the Recreation and Parks Committee and Finance Advisory Committee to discuss the Draft Forrestal Management Plan on January 30, 2001 (fifth Tuesday).  (2) Select two dates in April for the City Council budget policy issue workshops.  (3) Select two dates in May for the City Council budget review workshops (only one date may be necessary).  (4) Select two dates, in spring and one in fall, for the Community Leaders’ Breakfast meetings.  (5) Select a date for the Neighborhood Watch Volunteer Appreciation Lunch.

Council consensus was to schedule the following dates:  (1) Tuesday, January 30, 2001 (fifth Tuesday) for a Joint Workshop with the Recreation and Parks Committee and Finance Advisory Committee to discuss the Draft Forrestal Management Plan.  (2) Saturday, April 21 and Wednesday, April 25 for City Council budget policy issue workshops.  (3) Wednesday, May 23 for a City Council budget review workshop.  (4) Two Saturdays, April 7 and September 22, for spring and fall Community Leaders’ Breakfast meetings.  (5) Saturday, March 10 for a Neighborhood Watch Volunteer Appreciation Lunch.

  1. (Councilwoman Ferraro left the meeting at 12:16 A.M.)

Request of Mayor Pro Tem McTaggart to Investigate Cellular Service on the Peninsula  (1601)

Staff recommendation was to direct staff whether or not to prepare a report on cellular service to the Peninsula and advise staff about what items should be included in the scope of work.

After a short discussion, Council consensus was to continue this item.

Purchase of Tax Defaulted Property  (1101)

Staff recommendation was to authorize the Mayor and City Clerk to sign an Agreement to Purchase Tax-Defaulted Property for three vacant properties: (1) a lot located at the end of East Pomegranate Road; (2) a vacant lot located at the southeast corner of Tangerine Road and Peppertree Drive; and, (3) a vacant parcel located in Windport Canyon. 

After a description of the properties by staff and a short Council discussion, Mayor Pro Tem McTaggart moved, seconded by Councilman Stern, to adopt the staff recommendation.  Motion carried 4-0-1 (Councilwoman Ferraro having left the meeting at 12:16 A.M.).

ADJOURNMENT:  Adjourned at 12:20 A.M. on motion of Mayor Lyon.

_______________________
                MAYOR

ATTEST:

__________________
     CITY CLERK

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