M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
MAY 2, 2000
The meeting was called to order at 6:30 P.M. by Mayor Byrd at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and immediately recessed to a closed session per the Brown Act Checklist. At 7:00 P.M. the meeting reconvened. After the Pledge of Allegiance, roll call was answered as follows:
PRESENT: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
Also present were City Manager Les Evans, Assistant City Manager Carolynn Petru; City Attorney Carol Lynch; Director of Planning, Building, and Code Enforcement Director Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; City Clerk/Administrative Services Director Jo Purcell; and, Recording Secretary Jackie Drasco.
CEREMONIAL MATTERS: (304 x 1101 x 106 x 301)
(1) Presentation of proclamation declaring the month of May as Veterans Appreciation Month. (2) Recognition of outgoing committee and commission members.
Mayor Byrd presented a proclamation to Irene Perez from the Employment Development Department declaring May as Veterans Appreciation Month.
Mayor Byrd presented City tiles to 14 of the 22 outgoing Commissioners and Committee Members who were present at the meeting. Tiles will be mailed to the homes of those who were not able to be attend.
RECYCLING DRAWING: (1204 x 1301)
There was no winner from the last drawing since the name drawn was found to be not participating in the recycling program. Another card was selected.
APPROVAL OF AGENDA:
Councilwoman Ferraro moved, seconded by Councilman McTaggart, to approve the agenda as presented. Motion carried.
APPROVAL OF CONSENT CALENDAR:
Lois Larue, 3136 Barkentine Road, spoke on the adequacy of the noticing of the March 22nd council meeting; the expenses for the Council’s Washington D.C. trip; and, the manner in which the names of the appointees were listed in the April 4 minutes.
City Attorney Lynch clarified that the Washington D.C. meeting had been noticed as a Special Meeting and that meetings with legislators to advance issues on the City’s behalf were allowed.
Council noted that the authors of AB1939 should be changed to Vincent and Margett in the minutes of April 4.
City Clerk Purcell noted the addition of the Voting Tally sheets for the committee and commission appointments. She also noted the correction of a minor error on the March 22 minutes.
Mayor Pro Tem Lyon moved, seconded by Councilman Stern, to approve the Consent Calendar as follows:
Motion to waive full reading
Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all councilmembers after the reading of the title.
Approved the minutes of March 22 and April 4, 2000 as amended.
Ordinance No. 356 - Amending Section 17.86.050 (Enforcement) of Title 17 of the Municipal Code (1103 x 1806 x 1203)
ADOPTED ORDINANCE NO. 356, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING SECTION 17.86.050.A (ENFORCEMENT) OF TITLE 17 OF THE MUNICIPAL CODE TO PROHIBIT THE FILING OR PROCESSING OF A VIEW RESTORATION, VIEW PRESERVATION, CITY TREE REVIEW OR OTHER DEVELOPMENT OR USE APPLICATION BY A PROPERTY OWNER OF A LOT THAT IS IN VIOLATION OF THE CITY’S MUNICIPAL CODE.
Claim against the City by Alvaro Gil-Gomez (303 x 301)
Rejected the claim and directed the City Clerk to advise the claimant.
Resol. Nos. 2000-18, 19, and 20 - Citywide Landscaping and Lighting Maintenance District (901 x 1204)
ADOPTED THE FOLLOWING RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES: (1) RESOLUTION NO. 2000-18, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2000-2001 AND ORDERING THE ENGINEER TO PREPARE A REPORT IN CONNECTION THEREWITH. (2) RESOLUTION NO. 2000-19, APPROVING THE ENGINEER’S REPORT IN CONNECTION WITH THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2000-2001. (3) RESOLUTION NO. 2000-20, DECLARING THE CITY COUNCIL’S INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2000-2001 AND SETTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO.
Appointment of member to the Klondike Canyon Geological Hazard Abatement District (301 x 2100)
Appointed Paul Gamsgaard to the Klondike Canyon Geological Hazard Abatement District to a term of office until December 2003.
March 2000 Treasurer’s Report (602)
Received and filed the March 2000 Treasurer’s Report for the City of Rancho Palos Verdes.
Resol. No. 2000- 21 - Register of Demands (602)
ADOPTED RESOL. NO. 2000-21, 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, Lyon, McTaggart, Stern, and Mayor Byrd
# # # # # # # # # # #
Resol. No. 2000-22 - Appeal of the Planning Commission Action Approving Conditional Use Permit No. 182 Revision "A", et al – Mobil Car Wash (1203 x 1804)
Associate Planner Louie presented the staff report of May 2, 2000 and the recommendation to (1) adopt the proposed resolution upholding the appeal, thereby denying Conditional Use Permit No. 182 Revision "B" and Sign Permit No. 720 Revision "A" to allow a hand car wash at the Mobil service station. (2) Remand to the Planning Commission a review of the applicant’s request to delete a condition of approval from the original Conditional Use Permit No. 182 that requires the rear parking lot area to be chained off after business hours.
City Attorney Lynch clarified that remanding to the Planning Commission the deletion of a condition of approval from the original Conditional Use Permit would require a fully-noticed public hearing.
Councilwoman Ferraro moved, seconded by Mayor Pro Tem Lyon to ADOPT RESOLUTION NO. 2000-22, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, UPHOLDING THE APPEAL, THEREBY DENYING CONDITIONAL USE PERMIT NO. 182 REVISION "B" AND SIGN PERMIT NO. 720 REVISION "A" TO ALLOW A HAND CAR WASH AT THE MOBIL SERVICE STATION and (2) Remand to the Planning Commission a review of the applicant’s request to delete a condition of approval from the original Conditional Use Permit No. 182 that requires the rear parking lot area to be chained off after business hours.
Resol. 2000- 23 - Supporting School Bond Measure K (310 x 1101 x 1401)
City Manager Evans presented the staff report of May 2, 2000 and the recommendation to adopt the proposed resolution supporting School Bond Measure K and urging its passage at the June 6, 2000 Special Election.
After discussion, Council consensus was to add an additional WHEREAS indicating the value of quality schools and their effect on property values.
Dora de la Rosa, 27600 Warrior Drive, urged the Council’s support of Measure K and said that the $46 million in anticipated bond funds would be augmented by State matching funds of $21 million but only if the measure passes. She explained that the funds could be used only for repair of existing facilities, not for new structures, and she described the safeguards and monitoring to assure that the funds were used appropriately. She said that homeowners would be assessed at a rate of $16.47 per $100,000 of assessed (not market) value and the average assessed value of a Peninsula home was $300,000.
Ms. De la Rosa said that the architectural firm hired by the School District estimated that the repairs would take five to nine years and that there would be three issuances of funds over a three to five year period.
Al Hughes, 4016 Via Gavilan, Palos Verdes Estates, CA 90274, spoke in support of Measure K and emphasized that the assessed value of homes purchased before the passage of Proposition 13 was much lower than those purchased more recently even though the homes may have a similar market value.
Council discussion centered on the advantage to seniors who may have owned their home a long time and have a fixed income; the benefit to all homeowners whose property values will be maintained or increased by high quality schools; statistics which indicated that 80% of Peninsula residents do not have school age children and that one-third of the homes have assessed values of $150,000 or less.
Councilwoman Ferraro moved, seconded by Mayor Pro Tem Lyon, to ADOPT RESOLUTION NO. 2000-23, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, SUPPORTING SCHOOL BOND MEASURE K AND URGING ITS PASSAGE AT THE JUNE 6, 2000 SPECIAL ELECTION. The motion carried unanimously.
Appointment of members to the View Restoration Commission (301 x 106)
City Clerk Purcell presented the staff report of May 2, 2000 and the recommendation to
(1) Direct staff whether to proceed with the appointment process and arrange for the interview of the two candidates not previously interviewed by the Council; (2) Schedule the appointment of the View Restoration Commission for an upcoming City Council meeting.
Council directed staff to schedule interview of the two candidates not previously interviewed by the Council at its next meeting on May 16, 2000. Staff will provide resumes on all 16 applicants and Council will select the seven members and three alternates on that date.
Peafowl Problems (1101 x 104)
Sr. Administrative Analyst Park presented the staff report of May 2, 2000 and the recommendation to consider the problems experienced by residents due to the growing peafowl population and direct staff.
Ms. Park explained that a consultant hired by Rolling Hills Estates provided mostly educational information to that City’s residents. She reported that the City of Palos Verdes Estates had difficulty in finding sites for relocation of their peacocks.
Council requested that costs associated with the options described in the staff report be presented at a future meeting.
Nancy Rose, 28239 Trailriders Drive, discussed the problems in her neighborhood with the proliferation of peacocks: their screeching throughout the night which disturbed
Residents’ sleep; destruction of roofs and landscaping; and, the possibility of decreased property values. She was sure there would have been more speakers if residents had been aware that this item was on the agenda.
Council discussed the information sheet which might help residents live more compatibly with the peafowl and the specific areas of the City in which the problem is present.
Linda DiNoto, 7015 Hedgewood Drive, stated that the problem had become more serious recently and described efforts made to discourage the presence of the birds. She said that in addition to the other problems mentioned, they were messy and very loud when they walked on the roofs.
She said that even though she loves animals and would have opposed extreme measures in the past, at this time she would not oppose the County’s involvement to trap and euthanize some of the birds because of the huge increase in their population.
Timmi Jandro, 7016 Hedgewood Drive, confirmed that the heavy footsteps of the birds on roofs was an additional problem along with their screeching. She said that trees had been trimmed and that helped temporarily but that they are now roosting in other trees. She discussed other problems with the birds; the louder, more frequent screeching during their breeding season; their rapid proliferation; and, the high cost and difficulty involved in relocation. She explained that the problem was alleviated in Arcadia by placing the birds in the Arboretum where visitors could feed them. She inquired if the South Bay Botanical Garden would be interested in participating.
After further deliberation, Council directed staff to investigate means of mitigating the problem, including associated costs of each option, and to contact other Peninsula cities to discuss a joint control program. A report will be brought back to a future meeting.
Residents were urged to contact the City to pinpoint other areas with peafowl problems and to watch the City’s web site to learn when the item would appear again on the City Council agenda.
RECESS & RECONVENE:
Recess and Reconvene: At 8:15 P.M., Mayor Byrd declared a recess. The meeting reconvened at 8:24 P.M.
Public Comments (307)
Don Shults, 2129 Velez Drive, summarized an article in the Palos Verdes Peninsula News about a bill (HR2372) authored by local Congressman Steven Kuykendall, and approved by the House of Representatives, to shorten the approval process for developers, eliminating the need for appeal to lower courts with appeal rights directly to Federal courts when the City’s Planning Commission and City Council have denied a project. Mr. Shults felt that the local control the City was founded upon would be threatened by such legislation and said that he hoped it was not passed at the Senate level.
Council suggested that Mr. Shults contact Congressman Kuykendall directly to discuss the features of the bill.
Teng Li-Ann Lee, 55 Oceanaire Drive, spoke in opposition to a residential remodeling project at 59 Oceanaire and asked that the work be stopped.
Lois Larue, 3136 Barkentine Road, spoke about action by the Environmental Protection Agency to which she was opposed and pollution along the Palos Verdes coastline. She asked that the Council attend meetings or contact the EPA to counteract their action. She also spoke about the importance of church and state separation and her opposition to City events being held at Marymount College.
Council commented that Santa Monica Bay Restoration meetings were attended regularly and that Sr. Administrative Analyst Park had attended the most recent meeting at which the time for comment on the EIR was extended.
Resol. No. 2000-24 - Pt. Vicente Interpretive Center (1201 x 1204)
Director Allison presented the staff report of May 2, 2000 and the recommendation to (1) Authorize the Mayor and the City Clerk to execute a Voluntary Cleanup Agreement with the State of California Department of Toxic Substances Control for the Point Vicente Interpretive Center. (2) Authorize the expenditure of up to $46,500 for Department of Toxic Substances Control expenses under the agreement. (3) Adopt the proposed resolution, amending Resolution 99-41, the budget appropriation for Fiscal Year 1999 - 2000, for budget adjustment to the City’s Capital Improvement Program Fund.
Council discussion centered on personnel who would be involved with the cleanup and the number of hours and cost estimate for the project.
Councilman Stern moved, seconded by Councilwoman Ferraro to (1) Authorize the
Mayor and the City Clerk to execute a Voluntary Cleanup Agreement with the State of California Department of Toxic Substances Control for the Point Vicente Interpretive Center. (2) Authorize the expenditure of up to $46,500 for Department of Toxic Substances Control expenses under the agreement. (3) ADOPT RESOLUTION 2000-24, 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, FOR BUDGET ADJUSTMENT TO THE CITY’S CAPITAL IMPROVEMENT PROGRAM FUND.
The motion carried on the following roll call vote:
AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
Storm Water Ordinance (1204 x 1205)
Director Allison presented the staff report of May 2, 2000 and the recommendation to
authorize staff to prepare a storm water ordinance to comply with new RWQCB (Regional Water Quality Control Board) storm water quality standards for private developments.
Councilman McTaggart moved, seconded by Mayor Pro Tem Lyon, to adopt the staff recommendation.
Council discussion followed, focusing on involvement by the South Bay Council of Governments; regulations imposed with no guidelines; the role of the City’s consultant; the need to customize regulations according to a City’s specific circumstances; and, the need to consider economics when imposing regulations.
The motion carried.
CLOSED SESSION REPORT:
City Attorney Lynch reported that no action was taken by the City Council.
ORAL CITY COUNCIL REPORTS:
Councilwoman Ferraro reported on a recent South Bay Aircraft Noise Task Force meeting which was attended by many Councilmembers and constituents from several South Bay cities and said that the group again requested a copy of the Mitre Study. She was encouraged that the upcoming demonstration project will allow the Cities to
track the aircraft and provide valuable information in the event a decision is made to file a lawsuit. She said that she would provide more details as they are available, including the possibility of several cities sharing costs.
The meeting was adjourned at 8:55 P.M. to a Budget Workshop on May 8 at the City Hall Community Room on the motion of Mayor Byrd.
W:\2000 City Council Minutes\05022000 cc min.doc