City Council Minutes 07/18/2000 RPV, City, Council, Minutes, 2000, Meeting RPV City Council Minutes for the 07/18/2000 Meeting JULY 18, 2000

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

JULY 18, 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 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

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 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.

RECYCLING DRAWING:

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:

City Clerk Purcell announced that City Attorney Lynch had requested that the Appeal of Conditional Use Permit No. 207 be removed from the Consent Calendar to be discussed before the public hearing.

Mayor Pro Tem Lyon, seconded by Councilman McTaggart, to approve the agenda as amended. Motion carried.

APPROVAL OF CONSENT CALENDAR:

Lois Larue, suggested that Gary Amo edit the Community Forum and that the Planning Commission monthly expense amount be increased to $60.00.

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

Minutes (301)

Approved the Minutes of May 8.

One-Year Extension of Agreement with Gary Amo for Public Information Services (305 x 1101)

Approved a second one-year extension of the Agreement with Gary Amo for Public Information Services and authorized the Mayor and the City Clerk to execute the agreement extension.

Professional Services Agreement with Cost Recovery Systems, Inc. (602)

Authorized the Mayor and the City Clerk to execute the proposed Professional Services Agreement with Cost Recovery Systems, Inc. for the preparation of the City’s eligible state mandated cost reimbursement claims with the State of California for an amount not to exceed $3,250.

Resol. No. 2000-45 - Register of Demands (602)

ADOPTED RESOL. NO. 2000-45, 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

# # # # # # # # # # #

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

City Attorney Lynch stated that a resolution had been prepared for the Council’s consideration however she was recommending that this item be continued because Mr. Abrams submitted correspondence yesterday which was delivered to the Councilmembers’ homes yesterday afternoon. She explained that the Council had closed the public hearing and that the information in Mr. Abrams’ letter could not be made part of the record unless the public hearing was re-noticed and re-opened. Because of the noticing time legally required, the earliest Council meeting agenda on which this could be placed would be August 15. Ms. Lynch said that Mr. Abrams’ attorney had told her that they wanted this information to be part of the record but they were opposed to a continuation.

Councilman McTaggart moved, seconded by Mayor Pro Tem Lyon, to continue this item to August 15, 2000.

Mark Abrams, 44 Oceanaire, said that his attorney’s correspondence was consistent with direction he had provided to his attorney, that he wished to have a Council decision at this meeting, and that he was opposed to a continuation. He felt that documents received at the last Council meeting at which a decision was made on his item were not disclosed to him and that this was a violation of law. His correspondence received by the City on July 17 addressed alternate sites for his antennas and he said he could explain why any location suggested by the City was not feasible.

City Attorney Lynch said that the correspondence received at the last hearing was mentioned but that maybe Mr. Abrams had not heard this reference. She explained that the continuance was legally required to protect Mr. Abrams’ due process and any other interested parties’ due process. She explained that the continuation to August 15 was necessary to provide time for the legal notice requirement for a public hearing.

Mr. Abrams indicated that he would file a suit against the City for failure to process his application on time if a decision was not made at this meeting and if the continuance was approved.

The motion to continue to August 15 carried.

Periodic Review of the Developer’s Compliance with the Ocean Trails Development Agreement and the Conditions of Approval of the Project (1203 x 1411)

A Council discussion ensued regarding the recommendation to continue the Periodic Review of the Developer’s Compliance with the Ocean Trails Development Agreement and the Conditions of Approval of the Project.

After discussion, it was the consensus to hear the presentation from Darryl Paul, the attorney representing residents near Ocean Trails, to listen to the speakers’ comments, and continue the item to August 15.

PUBLIC HEARING:

Revision "M" to the Ocean Trails Project (1203 x 1411)

Mayor Byrd opened the public hearing on this request to consider Revision "M" to the Ocean Trails Project, City Clerk Purcell announced that notice had been duly published and that all communication received had been made part of agenda package.

Director Rojas presented the staff report of July 18, 2000 and the recommendation to approve Revision "M" to the Ocean Trails Project, approving an amendment to the Habitat Conservation Plan (HCP) and an amendment to the HCP implementing agreement.

Council discussion focused on the lack of information regarding irrigation and it was agreed that water control was critical in the mitigation area in Shoreline Park.

City Attorney Lynch suggested language to stress the importance of irrigation restrictions.

Ken Zuckerman of Ocean Trails suggested that Barbara Dye could address that issue as well as the required mitigation because of the temporal loss.

Barbara Dye explained that irrigation details would be in the revegetation plan which has to be approved by the City Council and the resource agencies. She clarified that even though the loss was temporal, the mitigation is permanent.

Council discussed this temporal loss with permanent mitigation situation and the possible inequity. There was also concern about irrigation restrictions on the golf course itself, particularly near the bluffs and on the repaired slide area.

City Attorney Lynch indicated that the language she added would make reference to these areas as well.

Mayor Byrd closed the public hearing.

Mayor Pro Tem Lyon moved, seconded by Councilwoman Ferraro, to adopt staff recommendation with the changes noted. Motion carried.

Peafowl Population Control (1101 x 104)

Sr. Administrative Analyst Park presented the staff report of July 18 2000 and the recommendation to (1) Consider appropriating $5,000 from the Animal Control Services Program budget for preliminary work on the peafowl program. (2) Consider hiring peafowl specialist Dennis Fett to assess the peafowl population, conduct community meetings, and recommend population control options for the City.

Council discussed the peafowl philosophy in other Peninsula cities. Rolling Hills Estates hired Dennis Fett, a peafowl specialist, in the past and have a policy of protecting all wild birds. Rolling Hills believes their peafowl are under control.

Further discussion centered on the need to satisfy neighborhoods which enjoy the peafowl and those which see the peafowl as a serious problem; the benefit of hiring a peafowl specialist; the need for public education; and, the difficulty in finding areas for relocation.

Joann Hummel, 6903 Hartcrest Drive, spoke about problems that peafowl caused such as overpopulation, loud calls during the day and at night, and roof damage. She was in favor of hiring Dennis Fett to educate the public and control the population to improve quality of life and protect property values. She felt the birds were pretty and considered them a signature bird for the Peninsula but said needed to be regulated. (A copy of a letter from Ms Hummel and her husband is on file with the City Clerk’s Office.)

Chuck Taylor, 5441 Middlecrest Road, described eleven holes, some quite large, in his one and one-half year old driveway caused by the acidity in the peafowl droppings.

Lois Larue, 3136 Barkentine, spoke for Erica and Charles Stuart, 80 Narcissa Drive, reading a letter from them stating that it was important to maintain the identity of the area and maintain balance. The Stuarts opposed banning the feeding of peafowl, were concerned about maintaining the village atmosphere, and said that peacocks are not native but neither are the people. (A copy of Mr. and Mrs. Stuart’s letter is on file in the City Clerk’s Office.)

Jean Nerko, 6 Packet Road, spoke of the advantage of peafowl controlling rattlesnakes.

Jacqueline Wolff, 7010 Hedgewood Drive, urged the Council to consider that residents should appreciate and learn to live with these creatures, stating that it would be a shame to have a sterile neighborhood with no wildlife.

William Wolff, 7010 Hedgewood Drive, spoke about the history of the Peninsula, its semi-rural atmosphere and abundant wildlife. He said that the calls were much more frequent during the mating season and requested that the Council refrain from ruining the ambience and protect the habitat for the wildlife.

Robert Such, 11 Cinnamon Lane, said that he feeds wild birds and the peafowl eat the food also. He enjoyed the presence of the peafowl. (A copy of a letter from Mr. Such is on file with the City Clerk’s Office.)

Kathy Snell, mentioned that peafowl also control ticks, mosquitoes, and rats and suggested that feeding be discouraged in residential areas, but not be made illegal, and that feeding should be encouraged in the canyons to provide natural relocation. She volunteered to help with this program and offered to take some of the peafowl onto her property. (A copy of a letter from Ms. Snell is on file with the City Clerk’s Office).

Gay H. Durwood, 28105 Golden Meadow, spoke in support of living in harmony with the peafowl.

George Gleghorn, 28850 Crestridge Road, supported the concept of determining the scope of the problem, the areas affected, and public education but was skeptical of adequate information being obtained from a consultant in the short time proposed. (A copy of a letter from Mr. Gleghorn and his wife is on file with the City Clerk’s Office.)

Council discussion focused on the options of adopting a "hands-off" policy versus hiring Dennis Fett, peafowl specialist; the need for further investigation and providing the appropriate solution for each neighborhood; the suggestion for natural relocation by feeding the birds away from residential areas; the suggestion to form a citizen committee to study the situation; and, the consensus not to adopt an ordinance to prohibit their feeding.

Mayor Pro Tem Lyon moved, seconded by Councilman Stern, to accept Option 1 from the Staff report to hire Dennis Fett, peafowl specialist, to perform a peafowl population assessment, hold 3 to 4 community meetings, provide one-on-one consultation with residents when possible, recommend a management plan, and possibly train a team to trap peafowl safely, at a estimated cost of $5,000 for all expenses during his 5-day consultation.

The motion carried on the following roll call vote:

AYES: Lyon, McTaggart, and Stern

NOES: Ferraro and Mayor Byrd

RECESS & RECONVENE:

Recess and Reconvene: At 8:35 P.M., Mayor Byrd declared a recess. The meeting reconvened at 8:45 P.M.

AUDIENCE COMMENTS:

Lois Larue, 3136 Barkentine Road, requested that information be made public when a City staff member leaves the employ of the City, suggested that the Planning Commissioners monthly expense amount be increased to $60.00, and asked that signs be painted along Palos Verdes Drive South.

Leah Marinkovich, 28544 Montereina Drive, speaking as Vice President of Rolling Hills Riviera Homeowners Association and as a private citizen, spoke in opposition to the proposed Western Avenue restriping project which would be on an upcoming Council agenda. She was concerned about the resulting additional lanes of traffic and elimination of the bike path, which could endanger students walking to nearby schools and bicyclists. She also spoke in opposition to the Pier 400 project in the harbor area which she considered light pollution and a loss of views and recreational area. She urged the Council to become involved in this project because even though it was not in the City, Rancho Palos Verdes residents would be impacted.

Kathy Snell, said that even though she lived in an ancient landslide area and had been subject to assessments, her property had never actually moved. She requested that the Council realign the assessment boundaries because there were unstable areas which were not included.

Sunnyside Ridge Road and Palos Verdes Drive West Drainage (1204 x 604)

Director Allison presented the staff report of July 18, 2000 and the recommendation to

(1) Authorize staff to prepare plans and specifications to repair a private storm drain facility adjacent to the Palos Verdes Drive East and Sunnyside Ridge Road intersection. (2) Authorize staff to prepare and execute a License Agreement with the affected property owner to repair the damaged portions of the private storm drain system adjacent to the Palos Verdes Drive East and Sunnyside Ridge Road intersection. (3) Authorize staff to utilize the City’s Maintenance Contractor to perform the necessary repairs to the existing storm drain at a cost not to exceed $30,000. (4) Authorize staff to solicit request for proposals (RFP’s) for professional engineering services to investigate potential drainage improvement options and for the design of a long-term solution to drainage in the area near Sunnyside Ridge Road and Palos Verdes Drive East.

Director Allison clarified that the short-range plan involved replacement pipe of the same diameter as the damaged pipe but said that the long-range plan might involve increasing the diameter of the pipe.

Marvin Eddington, 2607 Sunnyside Ridge Road, explained that it was his property which had the private storm drain and said property owners below him had threatened to sue him because of erosion problems and mud in a pool even though the problems were caused by public water on his private property. He expressed his appreciation for the City’s short-term and long-term assistance with this problem.

Frank Gill, 2605 Sunnyside Ridge Road, President of the Sunnyside Ridge Community Association, indicated that the inadequate system allowed even minor rains to cause problems and that major rainstorms resulted in standing water on residents’ properties. He described one situation in which water flowing down the canyon necessitated the draining of a swimming pool to shovel out mud. He described actions that residents have taken to protect their property and said that the solution needed to be regional because the problem extended beyond this community.

Council discussion focused on funding for the long-term project and what effect rains will have both with the short-term and the long-term solutions.

Director Allison said that the short-term solution might still allow overflow from heavy rains.

Resident Frank Gill, spoke again, stating that with the current situations, even a small amount of rain causes heavy overflow but that the homeowners realized the long-term solution might not be in place for years.

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

Council discussion included a suggestion that approval of an additional $10,000 would allow flexibility within the project to increase the diameter of the replaced pipe which then could be incorporated into the long-term solution, being more cost effective in the long run.

Mayor Pro Tem Lyon amended her motion, with the approval of the second, to include this additional $10,000 to perform the necessary repairs to the existing storm drain at a cost not to exceed $40,000.

The motion carried on the following roll call vote:

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

NOES: None

Periodic Review of the Developer’s Compliance with the Ocean Trails Development Agreement and the Conditions of Approval of the Project (1203 x 1411)

City Manager Evans explained that the original item before the Council was to discuss the Developer’s Compliance with the Ocean Trails Development Agreement and the Conditions of Approval of the Project. He stated that Darryl Paul, an attorney representing a group of citizens known as S.A.V.E. RPV, has asked to present his case that the developer is guilty of fraud against the City primarily in reference to pad heights of the homes, locations of two-story homes, and the pad height of the clubhouse. However, Mr. Paul’s most recent submittal was received too late to be included in the agenda packet, but it was distributed to the City Council. Staff has researched City records to understand events which occurred between 1991 and 1996 and City Attorney Lynch has studied the issues also. Therefore, staff’s recommendation was that the Council hear a report from staff regarding Mr. Paul’s allegations, accept testimony from the public, and then continue the hearing to August 15, 2000.

City Attorney Lynch summarized her written response of May 11, 2000 to Mr. Paul’s letter of March 7, 2000 regarding his claim that the developer is not in compliance with the permit approvals and the development agreement. She said that each revision of the project was brought to the Planning Commission and/or the City Council for review at duly noticed public hearings and that each decision is a matter of public record.

City Manager Evans asked Assistant City Manager Petru to comment. He said that even though she was not the planner for Ocean Trails in 1991, she did become involved as planner and later as Planning Director and had a history and recollection of this project.

Assistant City Manager Petru said that she had reviewed Mr. Paul’s evidence, compared it to the public record, and that she felt that claims of fraud were unfounded because pad heights were consistent with the documents that were focused on by Mr. Paul and some development had always been contemplated in the current location of the clubhouse and two-story lots. She stated that additional research was being conducted on the two-story homes and she provided details of changes to the project regarding pad heights for the homes, and the pad height of the clubhouse. Ms. Petru distributed an overlay drawing to the Council which compared the approved home pad heights with the existing pad heights. She explained past view analyses and distributed to the Council various photographs and computer simulations to illustrate the findings of these studies; discussed proposed locations for two-story homes; and, clarified the reasons for several relocations of the clubhouse. She stated that the view analysis presented by Mr. Paul is consistent with prior computer simulations, and that while some ocean view is impacted, the amount of impairment is not significant in her opinion.

Attorney Darryl Paul. 24501 Del Prado Avenue, Dana Point, CA 92629, representing a citizen group called S.A.V.E. RPV, disagreed with Assistant City Manager Petru’s analysis and felt that there was fraud on the developer’s part. He discussed details of the home pad heights, locations of two-story homes, and the clubhouse pad height with the Council and staff members. He then showed an excerpt from a video taped meeting with the developer representatives and residents which he said was held in August 1994 which he felt supported his fraud claim. (Mr. Paul submitted exhibits in the form of declarations from residents Jabe Kahnke, Ray Toal, and Moe Derek which are on file with the City clerk’s Office.)

RECESS & RECONVENE:

Recess and Reconvene: 10:42 P.M., Mayor Byrd declared a recess. The meeting reconvened at 10:52 P.M.

Council then asked questions of Mr. Paul in reference to his comments.

Sharon Solari, 4145 Palos Verdes Drive South, speaking for the group of citizens present, suggested that because of the late hour, the speakers were willing to hold their comments until the next meeting.

Council consensus was to hear speakers who might not be able to attend the next hearing on August 15.

Diane Weinberger, 4026 Exultant, President of the Seaview Homeowners Association, said that 116 letters had been sent to the City regarding loss of views from the Ocean Trails project and she asked the Council to consider revoking the Conditional Use Permit to avoid the reduction of the quality of life for these homeowners who had lost views. (Copies of the aforementioned letters are on file with the City Clerk’s Office.)

Craig Douglass, 32420 Nautilus Drive, said that his ocean view was not protected because it was from his family room and dining room, not his living room. He strongly disagreed with staff’s determination of his protected viewing area and urged the Council to consider his view impairment and other residents’ view impairment by the Ocean Trails project. He then summarized his comments in a letter he had submitted. (A copy of Mr. Douglass’ letter is on file with the City Clerk’s Office.)

Mayor Byrd moved, seconded by Councilman McTaggart, to continue this item to August 15, 2000. Motion carried.

Council Meetings in August and October (1101 x 307)

City Manager Evans presented the staff report of July 18, 2000 and the recommendation to consider scheduling City Council meetings for fifth Tuesdays in August and October.

After discussion, Council consensus was not to add additional meetings on these fifth Tuesdays.

Councilwoman Ferraro left the meeting at 11:45 P.M.

Alliance for Water Quality (310 x 1204 x 1601)

Director Allison presented the staff report of July 18, 2000 and the recommendation to

consider a request of the Alliance for Water Quality to send a letter to Governor Gray Davis expressing concern over the SUSMPs promulgated by the Regional Water Quality Control Board – Los Angeles Region and to publicly use Rancho Palos Verdes on its endorsement list.

Council consensus was to direct staff to write a letter of support if this had not already been done.

CLOSED SESSION REPORT:

City Attorney Lynch reported that the City Council took no action on the Closed Session item.

ORAL CITY COUNCIL REPORTS:

Councilman McTaggart discussed the incorrect billing from Waste Management to residents for trash pickup.

City Manager Evans reported that Waste Management was re-billing residents to correct the amount owing and to include information regarding the discount for seniors and the discount for paying annually.

ADJOURNMENT:

The meeting was adjourned at 11:50 P.M. on the motion of Mayor Byrd.

 

 

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MAYOR

ATTEST:

 

 

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CITY CLERK