D R A F T
M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
MAY 21, 2002
The meeting was called to order at 6:00 P.M. by Mayor
McTaggart at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and
was immediately recessed to a closed session per the Brown Act Checklist.
At 7:32 P.M., the meeting was reconvened.
Following the Pledge of Allegiance, roll call was answered
PRESENT:Clark, Ferraro, Gardiner,
Stern, and Mayor McTaggart
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; Deputy Director of Planning Greg Pfost; City
Clerk/Administrative Services Director Jo Purcell; Senior Planner Kit
Fox; and, Dianne McGivern.
There were two cards drawn to receive a check for $250.00,
representing a year of free refuse service. Last month, there were no
APPROVAL OF AGENDA:
Councilwoman Ferraro moved, seconded by Councilman Clark,
to approve the Agenda as amended. No objections were noted.
APPROVAL OF CONSENT
Councilman Clark moved for removal of items 3, 4 and 8
from the consent calendar. Mayor McTaggart indicated discussion of these
items after the approval of the Consent Calendar.
Councilwoman Ferraro moved, seconded by , for approval
of the Consent Calendar as follows:
Approved the minutes of the Regular Meeting
of April 2nd and the Adjourned Regular Meeting of May 6th
with minor corrections.
Crossing Guard Services for the 2002-2003
School Year: Amendment No. 10 to All City Management Services Contract
Authorized the Mayor and the City Clerk
to execute Amendment No. 10 to the agreement with All City Management
Services, Inc. (All City), for an amount not to exceed $8,376.00 to provide
crossing guard services at Miraleste Intermediate School for the 2002-2003
Resol. No. 2002-35 - Sewer and Storm Drain Transfer and
Bond Exoneration/Reduction – Tract 45667; Location: PV Dr. So. And Tramonto
(1) ADOPTED RESOLUTION 2002-35, A RESOLUTION
OF THE CITY COUNCIL FOR THE CITY OF RANCHO PALOS VERDES, REQUESTING THE
BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
TO ACCEPT A TRANSFER AND CONVEYANCE OF THE STORM DRAIN FACILITIES KNOWN
AS MTD 1353 IN THE CITY OF RANCHO PALOS VERDES FOR FUTURE OPERATION, MAINTENANCE,
REPAIR, AND IMPROVEMENT AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF.
(2) Authorized the Mayor and the City Clerk to execute a Quitclaim of
Easements for the subject storm drain improvements to the Los Angeles
County Flood Control District. (3) Authorized Staff to notify the surety
company to exonerate, or reduce as appropriate, the Payment and Performance
bonds upon confirmation from the Los Angeles County Sanitation Department
and Los Angeles Flood Control District that the storm drain and sewer
facilities have been accepted and that maintenance has been transferred
to the County.
Acceptance of the Parkland Dedication
In-Lieu Fee for Final Parcel Map No. 19062; Location: 18 Rockinghorse
Accepted the parkland dedication in-lieu
fee for Final Parcel Map No. 19062 in the amount of $4,943.05.
Community Development Block Grant (CDBG)
Three-Year Cooperation Agreement
(1) Authorized the City of Rancho Palos
Verdes to continue its participation in the Community Development Block
Grant (CDBG) Program for Federal Fiscal Years 2003-2005. (2) ADOPTED RESOLUTION
2002-36, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES APPROVING AND AUTHORIZING AN AGREEMENT BY AND BETWEEN THE CITY
OF RANCHO PALOS VERDES AND THE COUNTY OF LOS ANGELES TO PARTICIPATE IN
THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, HOME INVESTMENT PARTNERSHIPS
PROGRAM, AND ASSISTED HOUSING PROGRAMS. (3) Authorized the Mayor and the
City Clerk to execute the proposed Agreement with the County of Los Angeles
Community Development Commission (CDC).
Resol. No. 2002-37 - Budget Adjustment
for California Contract Cities Conference
ADOPTED RESOLUTION 2002-37, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A $10,000
BUDGET ADJUSTMENT FOR FY 01-02 TO THE RECREATION & PARKS – SPECIAL
EVENTS PROGRAM FOR EXPENSES ASSOCIATED WITH THE CALIFORNIA CONTRACT CITIES
ASSOCIATION ANNUAL CONFERENCE.
Resol. No. 2002-38 - Request to Extend
the Use of Temporary Personnel
ADOPTED RESOLUTION 2002-38, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES REQUESTING THE
BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS)
TO APPROVE AN EXTENSION OF ALLOWED EMPLOYMENT FOR A RETIRED EMPLOYEE PURSUANT
TO THE CALIFORNIA GOVERNMENT CODE; AND, RESCINDING RESOLUTION NO. 2002-21.
Resol. No. 2002-39 - Register of Demands
ADOPTED RESOLUTION NO. 2002-39, 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.
Rejection of Bids and Request to Readvertise
Staff recommendation was to reject all
bids for the maintenance of City owned parks/trails and authorize staff
Director Allison introduced reasons as to why the bids
were rejected, indicating the surplus of work over and above keeping grounds
neat, i.e., any extra labor for special projects or special tasks, was
not addressed, nor a bid sought for, in the original requisition of bids.
The proposed solution was to declare a place on the applications for contractors
bidding to indicate the price of labor for such undefined items.
Councilwoman Ferraro moved, seconded by , to adopt staff
recommendation. Motion carried.
Commercial Refuse and Collection Agreement with United
Staff recommendation was to authorize
the Mayor and the City Clerk to execute a Nonexclusive Franchise Agreement
for Commercial Refuse Collection and Disposal Services with United Pacific
Waste to be effective through December 31, 2002, with amendment to include
the five-year notice.
Director Allison responded to inquiry by Councilman Clark
regarding the addition of another waste hauler, with 13 being the current
number, as to why there are 13 haulers currently.
Director Allison pointed out that the City has a history
of maintaining a non-exclusive franchise for solid waste contracts. The
indication that anyone possessing a valid business license and the requisite
insurance is permitted to provide commercial solid waste service.
Director Allison iterated the previous decision by the
Council to allow a five-year period in which commercial solid waste service
is provided on a non-exclusive basis. He said we are two years into this
period regarding commercial hauling.
City Attorney Lynch pointed to the law regarding a five-year
requirement notice be given to all commercial haulers advising that said
haulers will no longer be able to do business in the subject area. City
Attorney Lynch also indicated that in the contract with this hauler, United
Pacific Waste, provision for those five years to end concurrent with all
other haulers was included, effectively giving this hauler less than a
Councilman Clark inquired as to when in time the Council
would be able to consider inviting new haulers. City Attorney Lynch responded
in December 2005, which is four years after the original notification.
A new contract is prohibited until this five-year period is concluded;
however, negotiations taking up to nine months to fulfill, can take place
in the last year of that contract.
Mayor pro tem Stern voiced concern over the fiscal impact,
pointing out that the five percent of the franchise fees; however, indicating
that it’s the same regardless of which hauler is involved. Director Allison
indicated in the affirmative. Mayor pro tem Stern indicated that the five
percent would end up being lower as a result of the bidders competitively
pricing their service, often only to have the fees for service being lower.
Mayor McTaggart indicated that it would be a positive
cash flow, and requesting the proper reporting desperately needed to get
the percentage up.
Mayor pro tem Stern moved, seconded by Councilman Clark,
to adopt the staff recommendation. Motion carried.
Street Sweeping Services for Fiscal Year 2002-2003
Staff recommendation was to approve a one-year extension
to an existing contract for street sweeping services with R.F. Dickson
and Company. (2) Approve a five percent cost increase for the street sweeping
services contract for Fiscal Year 2002-2003.
Councilman Clark made inquiry to Director Allison with
respect to granting an unusually long contract. Director Allison explained
that there are very few companies performing street sweeping activities
and also his approval of their services. Reporting is also very positive.
His indication was that there would be a re-advertising of a new contract
in July 2003.
Mayor pro tem Stern moved, seconded by
Councilwoman Ferraro to adopt the staff recommendation.
The motion carried on the following roll
AYES:Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart.
View Restoration Permit No. 118- Appeal (Applicants: Mr.
And Mrs. James Beck, 4110 Maritime Drive; Foliage Owner: Ms. Lynn Doran,
4115 Maritime Drive)
Mayor McTaggart opened the public hearing on this request
to hear the appeal of View Restoration Permit No. 118. City Clerk Purcell
announced that notice had been duly published and that written comment
letters were distributed to the Council.
Project Coordinator Nelson presented the staff report
of May 21, 2002 and the recommendation to adopt the proposed resolution
affirming the decision of the View Restoration Commission and approving
View Restoration Permit No. 118 upon finding that all applicable findings
have been correctly made and all provisions of Section 17.02.040(c)(2)
have been complied with.
Ms. Nelson reported the View Restoration Permit No. 118
was presented to the City in August of last year, there being a stipulation
that the meeting was held. At that meeting, essentially the parties were
trying to negotiate in an attempt to reach a settlement regarding the
removal of trees without a formal filing with the city. The indication
was that Ms. Doran was currently re-landscaping her back yard in an attempt
to appease this issue.
Despite their attempts, an agreement was not reached and
a formal application was filed, bringing this issue before the VRC in
March of this year. When the application was originally filed, it was
six trees that were creating a problem. She believed that Ms. Doran removed
three trees, indicating that five trees remained. One of the five trees
is an Italian Stone Pine. Pictures were shown to indicate subject tree.
This Italian Stone Pine it was determined was the greatest
in terms of view impairment. However, tree no. 5, the holly tree, was
also shown as creating a significant impairment, and it was ordered that
the tree be lowered to the ridge line or the lowest point of the residence
which was indicated in the resolution as the garage.
The foliage owner subsequently appealed its decision,
outlining the reasons contained in the appeal. Without addressing each
one individually, Ms. Nelson indicated the staff contended that there
was no basis in support of the appeal and recommended the Council uphold
the VRC’s decision.
Mayor pro tem Stern indicated a concern regarding the
cost of removal of trees borne by the foliage owner, suggesting that the
applicant perhaps pay for the restoration of their view. He also addressed
the city attorney regarding reimbursement to the foliage owner by the
applicant. City Attorney Lynch indicated that there was nothing that would
require reimbursement for foliage that was "voluntarily" removed.
Councilman Clark disclosed his visit to the site, where
he met with both the foliage owner and applicant. He was informed by the
applicant that there had been attempted informal mediation settlement
which fell through, when the number and size of replacement trees could
not be agreed upon.
Ms. Nelson, referencing the staff report, indicated there
was discussion regarding those trees. She mentioned the fact that the
trees that are currently not a view imposition will have to be maintained
in order to prevent this type of claim from arising again.
Councilman Clark was also interested in the definition
of the "ridge line of the house." There was discussion of the
differences between the ridgeline of the garage and the ridgeline of the
house, which was variable by two feet.
City Attorney Lynch allayed concerns regarding the limitations
placed by Prop M when she suggested that the City Council be allowed to
make amendments to the ordinances. The suggestion was to add the word
"significant" to the ordinance. It was determined that adding
the word "significant" was too vague, and invited numerous requests
for small amounts of foliage to be ordered removed.
City Attorney Lynch offered that in disputes regarding
privacy versus view restoration, it is often not the privacy that is the
issue, but that of the significant view.
Mayor McTaggart added that the reason "significant"
was added was so that the VRC would have a tool to work with. Councilman
Gardiner suggested discussing the issue of "significant" on
another day, with Councilman Clark in agreement.
There was discussion regarding the removal of various
trees and what would be left vis-à-vis the view.
Councilman Gardiner and Ms. Nelson debated the meaning
of the word "ridgeline of the house." There was discussion of
the attached garage, which is two feet taller than the house, being the
ridgeline. Mayor McTaggart suggested this be clarified at a subsequent
Mayor pro tem Stern raised a question with regard to the
entry of Mr. Alberio not reviewing the materials that had been presented
by the foliage owner as a result of not having his glasses. Ms. Nelson
indicated that while the staff exercised their right not to have the information
read again, they did read it independently. Although Chairman Alberio
did not read the information, he participated in the hearing.
Jim Beck, 4110 Maritime Drive, presented slides of the
obstructed view from his dining room as well as his kitchen.
His presentation was interrupted by the Council’s discussion
regarding removal of Tree No. 2 becoming a "blocker."
Mr. Beck continued his presentation of slides, pointing
out the view of the shoreline in question, the view referred to as the
"white water" view. He then moved on to slides of the view taken
from his living room. There was more discussion between Councilman Clark,
and Mayor McTaggart regarding the issue of the ridgeline of the house
vis-à-vis the roof.
Mr. Beck proceeded to address the ridgeline. He quoted
from Proposition M, spurring discussion regarding the ridgeline, and was
it applicable to the entire structure or just the main residence.
Mr. Beck continued his remarks by stating that both his
wife and himself applaud the passing of Proposition M. He encouraged the
Council to deny the appeal, as there was a unanimous decision. He stated
their application is clear in its request and fulfills every point of
the law and guidelines. He indicated that the appeal is unfounded, contending
that the VCR made mistakes in finding views and viewing areas, the viewing
area has already been established on some multicomponent view, and that
the VRC abused its discretion in establishing a remedy that was within
Mr. Beck further addressed the replacement of the trees
with three 24-inch box trees, indicating that that will provide more privacy
than the current trees. He again provoked discussion regarding the ridge
line, and that the two-foot difference between the garage and the main
residence, assuming the Council allowed the ridge line to be the garage
at 15 feet, would impair his white water view.
Mr. Beck finally, in answer to Councilwoman Ferraro, indicated
that he would like the Council to uphold their decision with two conditions;
first, to approve the ridge line definition as that of the primary residence;
secondly, that Item No. 2 on Exhibit "A" of VRC Resolution No.
2002-04 should include all of the trees.
Mayor pro tem Stern inquired of Ms. Nelson what was done
with Trees 2, 3 and 4. Ms. Nelson pointed out that they were insignificant
as long as they were maintained.
Mr. Beck, in opposition, explained that Tree 2 is only
two feet shorter than Tree 1, and that it poses a threat as well.
Peggi Collins, 5411 Manitowoc, Rancho Palos Verdes, counsel
for Ms. Doran, spoke in her behalf, indicating that the reason for the
appeal is that Ms. Doran did not feel she received a fair hearing. Indicating
that Mr. Alberio did not have his glasses on for the reading of the information
submitted by Ms. Doran; also that they believe there are some ambiguities
in the interpretations of the language that are in the guidelines as opposed
to the ordinance. Ms. Collins opined that the obstruction being claimed
by the Becks is only on one end of a 180-degree view; that, in fact, it
is only a small amount of impairment.
To Mayor pro tem Stern’s question as to whether they should
decide based on a person’s total view as a percentage, the response by
Ms. Collins was that the only view impairment that the Becks suffered
was that of one only enjoyed while standing up in the kitchen. She compared
that to an illustration of protecting 180-degree views; that the Council
will have to contend with someone who has a four-sided home hoping to
protect their 360-degree view. She pointed out that the Italian Stone
Pine was a protector of Ms. Doran’s privacy.
Ms. Collins indicated that a portion of the package for
the Council’s review was omitted until shortly before this meeting commenced
and would not oppose a continuance in that regard.
Lynn Doran, 4115 Maritime Drive, owner of the foliage,
indicated that the Italian Stone Pine was 30 to 40 years old; that it
is an integral part of her landscaping which provides privacy and shade
for her front yard and home, and also beauty for the neighborhood. She
outlined the different trees that were sacrificed at her expense for the
sake of the Italian Stone Pine.
Ms. Doran requested that if the appeal should be denied
and the Beck’s application upheld, that she be allowed to replace the
Italian Stone Pine with two 36" box trees to replace the Italian
Stone Pine and one 24" box tree to replace the holly.
Inquiry from Mayor McTaggart revealed that the Italian
Stone Pine has never accomplished any damage, with the Mayor indicating
the contrary; that is, his Italian Stone Pine had done considerable damage
to his home. Again, Ms. Doran affirmed that she has had no problems.
Councilman Clark moved, to continue the matter until all
council members have an opportunity to visit the site, visually assessing
it, and then pick up the decision process on June 18th at Miraleste.
Mayor pro tem Stern seconded the motion.
Councilman Gardiner added to the motion that the word
"significant" is revisited before the decision is made. Mayor
pro tem Stern pointed out that amending the ordinance was not agendized,
only the appeal pending. Councilman Gardiner proposed to add it as a second
agenda item to which there was no objection. Motion carried.
Albert Roman of Palos Verdes Peninsula, and Amy Lynn from Rancho Palos
Verdes, invited everyone to watch a free demonstration of Chinese Falun
Gong techniques at the Memorial Day Celebration in Hermosa Beach.
Ocean Trails – Report
Mayor pro tem Stern described the meeting that he and Councilman Clark
attended that morning. He indicated that the Council will be receiving
a copy of the package of materials that were distributed at that meeting,
and should be included in the weekly report submitted by City Manager
The information contained references to the contractor
being contacted and given permission to resume work on the remediation
of the landslide. Also discussed at that morning’s meeting was the rebuilding
of Palos Verdes Drive South. Without delving into detail, indicated that
it was to be a long and drawn out process. He encouraged various types
of communication so as to keep the residents informed, e.g., a dial in
number, for people to receive updates on the construction. A Web page
was suggested for residents to keep updated.
Councilman Clark indicated that the team of peoples now
serving this project are eager and have "hit the ground running."
Mayor McTaggart shared that he attended a meeting last
week on the subject of using landfill for a golf course. The gist was
that everything done there would be consistent with safety. Another issue
brought up at that meeting was the equestrian emergency response team
training that takes place up in Calabasas. It is a two-hour ride, and
the equestrians that are interested in being involved would like to see
the trainers brought down here since 17 of them commute to Calabasas.
Mayor McTaggart indicated that a fee was paid to County Animal Control
and also for liability insurance, the money staying with the county, so
they ought to be able to find the funding to do that.
Councilman Gardiner reported that Jim Stahl, Sanitation
Chief Engineer, was kind enough to have himself and two members of his
staff available. Councilman Gardiner went over and exchanged information,
things that have been reported to him as areas of concern he passed along.
Mr. Stahl wanted from an engineering perspective to get as much factual
information and address as many of the factual concerns that he could.
Councilman Gardiner expressed concern over the kids in
Rancho Vista and their safety.
Councilman Clark briefly reported on his trip to Sacramento
to attend the League of California Cities Technology Committee, of which
he is a member. It was formed basically to look at how to bring the cities
of California into leveraging the electronic and information technology
across the state being utilized by various cities to the various other
cities. The committee about a month and a half ago put out a technology
survey to all the county and city managers in the state receiving an impressive
return rate of city managers and council members. Councilman Clark encouraged
the Council members that have not yet had a chance to respond to please
take time to return their surveys, indicating that the cut-off date was
extended until the end of May.
Councilman Clark indicated an exhibition at the Forum
of this information technology. He suggested or proposed that this Council
showcase the video streaming of council meetings on the website. He indicated
excitement was expressed.
Moving on, May 15th and 16th were
legislative action days, where city, county and special districts made
a collective presence to the May Revised Governor’s Budget and the concern
that the local officials have elected officials over the potentiality
of taking from the municipalities and counties to resolve the deficit.
He pointed out the deficit of 23.6 billion dollars this year, and as such
the City’s interests will be at stake. There was a group of elected officials
from South Bay that attended; three from Rolling Hills Estates were included.
Although Senator Vincent was not present, his Chief of
Staff was, and an invitation was extended for them to visit our city soon.
There was mention of acquisition of open space in the Portuguese Bend.
There was also indication that this was a focused area that would be of
regional interest to the Senator.
Mayor McTaggart ordered that a letter prepared by the
City Clerk with an invitation to the 4th of July festivities
Mayor McTaggart announced that the Independent Cities
had invited him as incoming President of the Contract Cities Association
to their conference to be held on July 11-14 in Rancho Bernardo, San Diego
County. The Contract Cities will be paying for his hotel room, and the
$650.00 cost of the conference is also waived. The only cost incurred
will be mileage.
RECESS AND RECONVENE
At 8:00 P.M., Mayor McTaggart recessed the meeting, and
he reconvened the meeting at 8:10 P.M.
Appointment of Members to the Recreation & Parks Committee
and Appointment of a Chair for the Equestrian Committee
City Clerk Purcell presented the May 21 staff report and
the recommendation: (1) Appoint seven members to the Recreation &
Parks Committee: Four members with a term of office until March 7, 2006;
and, three members with a term of office until March 2, 2004; and (2)
Set 6:00 P.M. Tuesday, June 4th as the date to interview appointees
for the position of chair for this board. (3) Appoint a chair for the
Discussion was held as to the induction of a task force,
to be voted on this evening, and for such task force to have a tenure
of one year. Decision was made to appoint Carol Hildreth as Interim Chair.
The votes cast for the candidates as members to the Equestrian
Committee were as follows:
- Mayor McTaggart – Charlene
- Mayor pro tem Stern – Charlene
- Councilmember Clark – Charlene
- Councilwoman Ferraro – Richard
- Councilman Gardiner – Richard
Bara and Charlene O’Neil as co-chairs
- Charlene O’Neil was selected
as the new Equestrian Committee Chair.
Equestrian Committee Report on a Possible City Equestrian
Charlene O’Neil introduced Don Burt, outlining his various
accomplishments and appointments among the equestrian community.
Mr. Burt acknowledged all members of Council, and indicated
that he has lived in Portuguese Bend for 40 years. Mr. Burt advised that
there are about 200 horses living in the Portuguese area alone. With the
help of the handout submitted, the proposal in Mr. Burt’s opinion is viable.
The cost to the City will be limited to donating land
and providing necessary insurance for the City’s protection.
Mayor pro tem Stern inquired about the availability of
land, to which Mr. Burt responded that there are parcels that have been
chosen as possible locations.
Mr. Burt asked the Council if there was interest in the
project and should he research in more detail what is required. All Councilmembers
indicated an interest.
Roadside Maintenance Contract
Councilman Gardiner moved, seconded by Councilwoman Ferraro,
to waive the staff report. Motion carried.
Councilman Gardiner moved, seconded by Councilwoman Ferraro
to adopt the staff recommendation: (1) Award a three-year contract for
roadside maintenance services to U.S. Landscape, Inc, in an amount equal
to $156,000. (2) Authorize the Mayor and City Clerk to execute a contract
with U.S. Landscape, Inc. (3) Authorize the expenditure of up to $194,200.
for Fiscal Year 2002-2003.
Motion carried on the following roll call vote:
Ayes:Ferraro, Stern, Gardiner, Clark & Mayor McTaggart
Residential Solid Waste and Recycling Rate Adjustments
for the Fiscal Year 2002-2003.
Councilman Gardiner moved, seconded by Councilwoman Ferraro,
to waive the staff report. Motion carried.
Councilwoman Ferraro moved, seconded by Mayor pro tem Stern, to adopt
the staff recommendation: (1) Maintain the current monthly residential
solid waste and recycling rates for Waste Management of Los Angeles and
Ivy Rubbish Disposal during FY 02-03. (2) Apply the estimated $18,480
excess collection due from the Waste Management of Los Angeles contract
for the period of July 1, 2002 through June 30, 2003, to offset any future
rate increases. (3) Request the Director of Finance to establish a new
account in the Solid Waste Fund to deposit excess collection from the
Waste Management of Los Angeles contract.
Recreational Vehicle Street Parking and Residential Storage
Director Rojas presented the staff report of May 21 and
the recommendation to provide staff with direction as whether to initiate
any code amendments to address the issues associated with RV parking and
storage on public streets and private property. He reported that the genesis
of this agenda item was the result of letters that were received by staff
early this year, complaining about R.V. parking on the streets and R.V.
parking on private property. He outlined two issues.
One, the Code currently requires that no vehicle remain
on the street beyond 72 hours. The residents have shown that the other
cities on the Peninsula maintain stricter requirements, e.g., Rolling
Hills Estates prohibits overnight parking of R.V.’s on the streets.
The Code allows R.V. parking on private drives providing
it is on a legally paved surface. They also have prohibition vis-à-vis
the distance an R.V. must be from an easement, and that parking will only
be allowed in the front yard if the back yard lacks sufficient space.
Mr. Rojas indicated that the City of Costa Mesa recently
attempted stricter regulations for R.V.’s. Mayor McTaggart offered that
it would result in a room filled with people who use R.V.’s as their only
means of transportation. This concern especially is relevant to those
living in condominiums where parking is limited.
Councilwoman Ferraro expressed concern over R.V.’s being
parked around curves and indicated an inherent danger in that children
playing cannot be seen when driving around an R.V.
Tom Dosdall, 3534 Hightide Drive, discusses a new type
of view impairment. His indication that he lives next door to a 31-foot
camper permanently parked in the front yard is an imposition on his view.
Mr. Dosdall circulated pictures showing the camper.
Mr. Dosdall indicated that the owner of the camper merely
moves it every 72 hours just a couple of feet to avoid an infraction.
He also pointed out that a petition was circulated around the neighborhood
that gathered numerous signatures. The petition was then sent to the Sheriff’s
office. Unfortunately, there were loopholes that the owner of the camper
was able to assert.
Mr. Dosdall indicated that the owner has the camper plugged
into electrical outlets and is currently using it for an office.
Councilwoman Ferraro inquired into changing the Code.
City Attorney Lynch indicated that the Code can be changed, or rewritten,
to reflect different ways of dealing with this issue.
Tom Redfield, 31273 Granada Drive, encouraged the Council
to get homeowners involved. He also supported active participation on
the part of the city to strictly enforce new ordinances referencing either
R.V.’s or unwanted, parked cars.
Mayor McTaggart brought to the attention of the Council
that among these unwanted parked cars are gardeners who park their trucks
in one place, fill them with debris, which could take up to three weeks,
and then empty them once they are full. He indicated getting the Sheriff
involved, after which he has not observed those gardeners again.
Mayor McTaggart proposed a parking permit, to which Councilman
Gardiner agreed there would be some control in that the permit could be
revoked in the absence of compliance with the code.
Don Shults, 212 Velez Drive, Rancho Palos Verdes, introduced
the idea of using unoccupied land to house R.V.’s that have no legal parking.
Mayor McTaggart supported the idea, that it would be a
Councilman Clark moved, seconded by Councilman Gardiner,
that this area of review be remanded to the Planning Commission as an
area to explore possible revisions to the code. Motion carried.
Letter of Support for I-405 Arterial Improvement Initiative
Councilman Gardiner moved, seconded by Councilwoman Ferraro, to waive
reading the staff report and adopt the recommendation to support the request
for $750,000 in the FY02-03 transportation appropriation bill for the
South Bay I-405 arterial improvements initiative. Motion carried.
Palos Verdes Peninsula Transit Authority
City Manager Evans presented the staff report of May 21,
2002 and the recommendation to consider the Palos Verdes Peninsula Transit
Authority program to install surveillance cameras in certain buses and
advise the City Council representatives to the Transit Authority on whether
or not to support the practice when consideration of the issue is before
the Authority Board.
Councilman Gardiner addressed surveillance cameras on
buses. There was an indication that the cameras were installed on Bus
No. 1022 after they had experienced several acts of vandalism. It being
a large bus, it was difficult to monitor the passengers’ activity in the
rear of the vehicle. The system is installed next to the driver and faces
the rear of the vehicle, and includes an audio recording. The system was
installed in September 2001 and has been in operation since then. Videotapes
are changed every day and kept in the Authority’s office, where they may
be reviewed. The law firm of Richards, Watson & Gershon advised that
the system is allowable under state and federal law, with a recommendation
of appropriate signage to be installed on transit vehicles.
Council also recommended against publicly showing any
videotapes as it would invade the public’s right to privacy.
There currently is a request to install surveillance cameras
on three more buses.
Councilman Gardiner proposed alternative solutions. One
would be to offer a reward to those who find people vandalizing buses.
Another is to inspect the seats at the end of every workday. A third is
to issue seat assignments.
Mayor McTaggart expressed grave concern over taking pictures
of people without their permission, and the accompanying liability should
the system fail.
Councilwoman Ferraro advocated the use of surveillance
cameras indicating that all those who ride the bus will know that it is
there; including, but not limited to, the parents of children who ride
the bus. She also pointed out the decline in vandalism since the video
surveillance was installed; that it acts as a deterrent.
Councilman Gardiner, together with Mayor McTaggart, expressed
that video surveillance should be employed as a last resort. Mayor pro
tem Stern and Councilman Clark agreed that we live in a world of surveillance;
that it is present at City Council meetings, banks, convenience stores,
and that we are even being watched from space.
Councilman Clark moved, seconded by Councilman Gardiner
to request information from the Transit Authority about alternatives they
have evaluated to the use of cameras so that these studies may be evaluated
by the council and a subsequent decision about the suitability of using
surveillance cameras in PV Transit busses. Motion carried.
School District Liaison
City Manager Evans presented the staff report of May 21,
2002 and the recommendation to consider the appointment of a City Council
liaison committee to meet with a similar committee representing the Palos
Verdes Peninsula Unified School District or select some potential dates
in July and August for a joint meeting of the City Council and the School
Mr. Evans relayed the desire of the school district to
meet with the council to discuss items of mutual interest. At this point,
they are otherwise engaged as it is near the end of the school year. They
also proposed forming a committee, with two members from each entity.
Mayor pro tem Stern suggested that given the importance of the issues
it would be better to conduct a meeting involving all members of the City
Council. Councilman Clark agreed.
Mayor pro tem Stern moved, seconded by Councilman Clark,
to bring everyone’s calendars to the next meeting to schedule time with
the school district.
League of California Cities Membership
City Manager Evans presented the staff report of May 21, 2002 and the
recommendation to consider Councilmember Gardiner’s proposal to withdraw
from membership in the League of California Cities.
Councilman Gardiner expressed belief in withdrawing
from the League of California Cities, indicating that Rancho Palos Verdes
is now going to pay over $11,000 per year and has no decision making voice
in the League. He stated that the league has all sorts of studies and
committees and training programs. But on the most important issue to come
before the League – protecting local city revenues from theft by state
-- they folded. In order to balance the state budget and fund the mess
they have made in Sacramento, the state is going to take everything they
can from the local governments and the only way to stop this is to pass
a constitutional amendment by initiative to prevent it. The league had
such an initiative prepared and ready to go. Evidently, the league decided
not to pursue this course of action in the coming election after taking
polls and talking with consultants. Gardiner stated his views that this
is not leadership. This is quitting when we most need the leadership to
protect cities. The league should decide what is best for cities and then
pull out the stops to make it happen. If they won’t take a strong position
on this most important issue, why bother to belong. His additional concern
was that with the election coming up, the State of California is cooperating
now; however, post election is when we will see them "stealing"
our money to balance the budget they made a mess of.
Councilman Clark proposed that the Council remain in the
League of California Cities, claiming that having a collective voice with
the neighboring cities would be more effective than dropping out of the
League. Councilman Clark also opined that getting appointments on meaningful
committees is significant in changing policy.
Mayor pro tem Stern concurred with Councilman Clark that
an aggressive role is more effective, as the league is the most influential
entity in representing cities.
Mayor McTaggart offered an experience he had with the
League supporting him and his belief that it is important to stay allied
with the League.
Councilman Gardiner maintained his position.
Councilwoman Ferraro advised that withdrawal from the
League will not stop the State of California from taking our money. She
expressed that you can’t change organizations from the outside; rather,
being involved from the inside is the way to make changes.
Tom Redfield, 31273 Granada Drive, complimented the Council
on their excellent work. He continued by pointing to problems with sister
cities. He also expressed his communion with Councilman Gardiner and warned
about putting effort into organizations that aren’t fruitful. However,
he agreed that you cannot change things from the outside and proposed
to allow Councilman Clark a chance to become involved and see where we
are a year from now.
League of California Cities Resolution
City Manager Evans presented the staff report of May 21, 2002 and the
recommendation to consider Councilmember Clark’s proposal to submit a
resolution to the League of California Cites for consideration at the
annual conference in October.
Councilman Clark spoke on the issue of undergrounding
the whole city, by allowing the League of California Cities to negotiate
with the utility companies in terms of paying the costs for underground
Mayor McTaggart expressed agreement with Councilman Clark.
Councilman Clark moved, seconded by Councilwoman Ferraro, to approach
the League regarding this agenda item. No objections noted.
Los Angeles County West Vector Control District
City Clerk Purcell presented the staff report of May 21,
2002 and the recommendation to determine who is to be the City’s representative
to the Vector Control District Board for the new term of office beginning
June 26, 2002.
Mayor McTaggart expressed his chagrin at retiring this
position. Mayor pro tem Stern indicated that the position should be rotated,
as Mayor McTaggart has served for eight and a half years.
Mayor pro tem Stern queried Mayor McTaggart regarding
the position and what it involves. Mayor McTaggart explained that the
various pests, including mosquitoes, black flies, Africanized bees, and
imported fire ants, etc. The Mayor indicated that L.A. County is looking
for a way to deal with these pests. He is willing to fill the position
Mayor pro tem Stern, indicating all due respect to the Mayor, indicated
that there has been a lack of information brought back to the Council
regarding this issue. The Mayor outlined several things, including brochures
and a website, that he has shared with the Council. There was discussion
about the various terms of offices.
Councilman Clark inquired of the Council if any was interested
in serving. There was a negative response from all.
Councilwoman Ferraro moved, seconded by Councilman Gardiner,
to maintain the appointment of Mayor McTaggart to the Los Angeles County
West Vector Control District. Motion carried.
ADJOURNMENT:The meeting was adjourned
at 11:22 P.M. on motion of Mayor McTaggart.