City Council Minutes 11/21/2000 RPV, City, Council, Minutes, 2000, Meeting RPV City Council Minutes for the 11/21/2000 Meeting

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

NOVEMBER 21, 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, McTaggart, Stern, and Mayor Byrd

ABSENT: Lyon

Also present were City Manager Les Evans, City Attorney Carol Lynch; Director of Planning, Building, and Code Enforcement Joel Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; Associate Planner Associate Planner Mihranian; City Clerk/Administrative Services Director Jo Purcell; and, Deputy City Clerk/Recording Secretary Jackie Drasco.

RECYCLING DRAWING:

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

APPROVAL OF AGENDA:

City Manager Evans stated that a resident request had been received to hold the RDA meeting as early as possible in the evening.

It was the consensus of Council to hold the RDA meeting immediately after approval of the City Council Consent Calendar and to hear the item regarding habitat removal from the Filiorum property after the public hearing item.

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

APPROVAL OF CONSENT CALENDAR:

Councilman McTaggart moved seconded by Councilwoman Ferraro, to approve the consent calendar as follows:

Motion to waive full reading

Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all councilmembers after the reading of the title.

Minutes (301)

Approved the minutes of November 8, 2000.

Resol. Nos. 2000-75, -76, -77, and -78 - Transfer of Proposition ‘A’ Funds from the City of Rolling Hills (1204 x 602 x 1201)

ADOPTED THE FOLLOWING RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES: (1) NO. 2000-75 AUTHORIZING THE ACCEPTANCE OF PROPOSITION ‘A’ PER PARCEL DISCRETIONARY FUNDS GENERATED BY THE SAFE NEIGHBORHOOD PARKS ACT OF 1996, PROPOSITION ‘A’, FROM THE CITY OF ROLLING HILLS; (2) NO. 2000-76 AUTHORIZING THE ACCEPTANCE OF PROPOSITION ‘A’ MAINTENANCE AND SERVICING FUNDS GENERATED BY THE SAFE NEIGHBORHOOD PARKS ACT OF 1996, PROPOSITION ‘A’, FROM THE CITY OF ROLLING HILLS; (3) NO. 2000-77 AUTHORIZING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY FUNDS IN THE AMOUNT OF $11,829 FOR THE POINT VICENTE INTERPRETIVE CENTER EXPANSION PROJECT; and, (4) NO. 2000-78 AUTHORIZING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT UNCOMMITTED 1992 PER PARCEL DISCRETIONARY FUNDS IN THE AMOUNT OF $232 FOR THE ABALONE COVE BEACH IMPROVEMENTS PROJECT.

Resol. No. 2000-79 - Trees for the Millennium Grant Program (1204 x 602 x 1407)

(1) Authorized the application of a "Trees for the Millennium" grant. (2) ADOPTED RESOLUTION 2000-79, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AGREEMENTS AND REQUESTS FOR PAYMENT.

Contract Renewal for Geotechnical Consulting Services (1203)

Authorized the Mayor and the City Clerk to execute the proposed agreements with Zeiser Kling Consultants, Inc. and Bing Yen and Associates, Inc. to provide geology and geotechnical engineering consulting services on an as-needed basis to the City.

Resol. No. 2000-80 - Register of Demands (602)

ADOPTED RESOL. NO. 2000-80, 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, Stern, and Mayor Byrd

NOES: None

ABSENT: Lyon

# # # # # # # # # # #

PUBLIC HEARINGS:

Resol. No. 2000-81 - Amendments to the Current Fee Schedule (Resolution No. 92-68) for Specific Planning Applications and Building Permits (1203 x 602)

Mayor Byrd opened the public hearing on this request to consider amendments to the current fee schedule for specific planning applications and building permits. City Clerk Purcell announced that notice had been duly published and that there were no comment letters received by the City.

The staff recommendation was to: (1) Establish a new fee for the neighborhood compatibility analysis; (2) Establish a data processing fee for permit tracking (3) Reduce the fee for minor site plan review applications; (4) Eliminate the minimum building permit fee; (5) Establish a fixed fee for geotechnical and geology review services; and (6) Eliminate the associated fees for reviewing address files, geology files, and tract/parcel map files and clarify the document and printing services fee.

Council discussion focused on the fact that there were a few new fees, a reduction in one fee, the elimination of some fees, and establishment of a fixed fee rather than a trust deposit for payment of resident services of the City geologist.

There being no response to the Mayor’s call for testimony, he declared the hearing closed.

Councilman McTaggart moved, seconded by Councilwoman Ferraro to ADOPT RESOLUTION NO. 2000- 81, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 92-68 (THE CITY’S FEE RESOLUTION) TO: (1) ESTABLISH A NEW FEE FOR THE NEIGHBORHOOD COMPATIBILITY ANALYSIS; (2) ESTABLISH A DATA PROCESSING FEE FOR PERMIT TRACKING (3) REDUCE THE FEE FOR MINOR SITE PLAN REVIEW APPLICATIONS; (4) ELIMINATE THE MINIMUM BUILDING PERMIT FEE; (5) ESTABLISH A FIXED FEE FOR GEOTECHNICAL AND GEOLOGY REVIEW SERVICES; AND (6) ELIMINATE THE ASSOCIATED FEES FOR REVIEWING ADDRESS FILES, GEOLOGY FILES, AND TRACT/PARCEL MAP FILES AND CLARIFY THE DOCUMENT AND PRINTING SERVICES FEE.

The motion carried on the following roll call vote:

AYES: Ferraro, McTaggart, Stern, and Mayor Byrd

NOES: None

ABSENT: Lyon

Discussion of Habitat Removal from Filiorum Property (1203 x 1804)

Director Rojas described incidents that led to the stop work order after it was discovered that native vegetation had been removed from the lower Filiorum property. When it was learned that Mr. York was out of the state, Gary Weber, his representative, was contacted about an area of approximately four to five acres near Barkentine from which coastal sage scrub had been systematically removed. Mr. Rojas explained that state and federal agencies had been contacted as well as City Attorney Lynch to decide on a course of action. It was determined that a biological survey would be required to assess the impact to the habitat and that Mr. York should be obligated to replace the removed vegetation at a 3:1 mitigation ratio. Mr. York’s office was informed that this item would be on the City Council agenda and he was requested to write a letter to the City explaining his actions and reassuring the City that no additional brush clearing would occur without the City’s approval.

Gary Weber indicated that the vegetation removal was for fire safety purposes.

Jim Knight, 4 Cinnamon Lane, said that he was appalled that native vegetation had been removed; that he had seen truckloads of plants leaving the area; that he did not believe the clearance was for fire safety since native plants seemed to have been targeted; that this was not the first time Mr. York, who had been involved with the NCCP and was knowledgeable of the program, had cleared native vegetation. Mr. Knight inquired if this habitat loss would affect the NCCP map and, if so, he felt Mr. York should be held responsible.

Steven Mirich, 4 Kumquat Lane, said that Mr. York had destroyed habitat by herbicide in the spring of 2000 in an area about the size of a football field above Cinnamon Lane that was easy to spot because the area turned orange. He said that he was told this was in an area proposed for relocation of the Pony Club.

Tony Baker, 16 Limetree Lane, said that he had made a complaint that led to the recent stop work order and he read a letter that he had submitted to the City which described the events leading up to the City’s intervention. (A copy of Mr. Baker’s letter is on file with the City Clerk’s Office.)

Ilse Oetiker, 6504 Via Baron, said that she and her husband were saddened by the loss of native vegetation and thought that Mr. York should be fined and directed to replace the plants.

Lois Larue, 3136 Barkentine Road, reported on her observation of the City’s inspection of the areas in question.

Claudia Gutierrez, 3 Clovetree Place, stated that she had no access to Mr. York’s property so she had not actually witnessed the plant removal. However, she said that she had seen trucks coming out of the Pony Club gate on Narcissa with their contents covered with tarps. She felt that an independent biologist rather than one Mr. York hired should evaluate the damage and said that she had recent aerial photographs, which would exhibit the different stages of the condition of the habitat.

Council discussion focused on actions that could be taken to remedy the situation and City Attorney Lynch suggested some options.

Councilman McTaggart moved, seconded by Councilwoman Ferraro, to obtain an injunction if Mr. York does not comply with staff’s request to state in writing that he will stop removing habitat; insist that Mr. York replace removed habitat at a ratio of 3:1; require that he allow access and pay for a biological study to be performed by a consultant chosen by the City; and, authorize City Attorney to obtain whatever warrants are required to accomplish steps 1 through 3.

The motion carried on the following roll call vote:

AYES: Ferraro, McTaggart, Stern, and Mayor Byrd

NOES: None

ABSENT: Lyon

REGULAR BUSINESS:

Ordinance No. 361 - NPDES Regulations (1204 x 1103 x 1402)

Director Allison presented the staff report of November 21, 2000 and the recommendation to INTRODUCE ORDINANCE NO. 361, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.

Council discussion centered on changes from previous requirements and means of notification to affected parties.

Councilman Stern moved, seconded by Councilwoman Ferraro, to INTRODUCE ORDINANCE NO. 361, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.

The motion carried on the following roll call vote:

AYES: Ferraro, McTaggart, Stern, and Mayor Byrd

NOES: None

ABSENT: Lyon

Resol Nos. 2000-82, -83, and -84 Installation of a Traffic Signal at the Intersection of Crest Road and Highridge Road (1204 x 1503)

Director Allison presented the staff report of November 21, 2000 and the recommendation to (1) ADOPT THE PROPOSED RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES: NO. 2000-82 TO ESTABLISH TRAFFIC SIGNAL CONTROL AT THE INTERSECTION OF CREST ROAD AND HIGHRIDGE ROAD; NO. 2000-83 TO ESTABLISH STOP REGULATIONS AT THE INTERSECTION OF CREST ROAD AND HIGHRIDGE ROAD; AND, NO. 2000-84 TO AMEND RESOLUTION NO. 2000-33, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2000-2001, FOR A BUDGET ADJUSTMENT TO THE CITY’S CAPITAL IMPROVEMENT PROJECT FUND. (2) Authorize the expenditure of up to $15,000 for engineering services to design, administer, and inspect the construction of signal improvements on Crest Road at Highridge Road. (3) Authorize the Director of Public Works to demand payment of $40,000 from the developers of Tract 46651, and $40,000 from the City of Rolling Hills Estates Tract 52016. (4) Authorize staff to negotiate for the purchase of the signal poles and mast arms in accordance with Section 2.44.14 of the Municipal Code.

Council discussion focused on the CalTrans formula for determining the necessity for this traffic signal; the dept of analysis performed by the Traffic Committee; the conditions which have caused accidents in that area; the anticipation of greater traffic because of a school re-opened in the area; and, the traffic engineer’s recommendation that stop signs with flashing warning signs be installed during the six months before the traffic signal becomes operational. It was suggested that possibly the signal was not necessary and a question arose as to what would trigger the red light on Crest Road.

Jack Downhill, 20 Vanderlip, who said he drove through this area every day, opposed the traffic signal because he thought it was unnecessary and he suggested that the re-opening of the school might warrant a crossing guard.

Councilman Stern moved, seconded by Councilman McTaggart, to (1) ADOPT RESOLUTION NO 2000-82, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES TO ESTABLISH TRAFFIC SIGNAL CONTROL AT THE INTERSECTION OF CREST ROAD AND HIGHRIDGE ROAD; ADOPT RESOLUTION NO 2000-83, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES TO ESTABLISH STOP REGULATIONS AT THE INTERSECTION OF CREST ROAD AND HIGHRIDGE ROAD; and, ADOPT RESOLUTION NO 2000-84, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES TO AMEND RESOLUTION NO. 2000-33, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2000-2001, FOR A BUDGET ADJUSTMENT TO THE CITY’S CAPITAL IMPROVEMENT PROJECT FUND. (2) Authorize the expenditure of up to $15,000 for engineering services to design, administer, and inspect the construction of signal improvements on Crest Road at Highridge Road. (3) Authorize the Director of Public Works to demand payment of $40,000 from the developers of Tract 46651, and $40,000 from the City of Rolling Hills Estates Tract 52016. (4) Authorize staff to negotiate for the purchase of the signal poles and mast arms in accordance with Section 2.44.14 of the Municipal Code.

The motion carried on the following roll call vote:

AYES: McTaggart, Stern, and Mayor Byrd

NOES: Ferraro

ABSENT: Lyon

FY 1999-2000 Comprehensive Annual Financial Report, Audit Management Letter and Independent Auditors’ report on Compliance and Internal Control (602)

Director McLean presented the staff report of November 21, 2000 and the recommendation to receive and file.

Council discussion focused on the concept of a change of auditors to ensure a fresh look at City files and projected General Fund reserves for the next five years.

Councilman Stern moved, seconded by Councilman McTaggart, to receive and file the report. Motion carried.

RECESS & RECONVENE:

At 9:35 P.M., Mayor Byrd declared a recess. The meeting reconvened at 9:44 P.M.

Mayor Byrd suggested that the following item be heard next, out of order, for the convenience of the View Restoration Commission Vice Chair.

Request from the View Restoration Commission for Payment of Travel Expenses to Attend the Annual Planners Institute in Monterey (1203 x 1806)

Director Rojas presented the staff report of November 21, 2000 and the recommendation to review and discuss the View Restoration Commission's request and provide staff with direction.

Jim Slayden, Vice Chair, View Restoration Commission, who attended the Planners Institute when he was on the Planning Commission, said that he believed the sessions would be very helpful to the View Restoration Commissioners in learning to deal effectively with the public and with the City Council. He said that there would be an additional advantage of networking with the three to five other cities that had View Restoration Commissioners who attended the Planners Institute. He felt the expenses might be less than reported.

Council discussion centered on the value of topics covered at the event given the View Restoration Commission’s narrow scope and the high cost of sending all eight current commissioner

Lois Larue, 3136 Barkentine Road, spoke in favor of granting the request.

Further Council discussion focused on the positive experiences described by several Councilmembers who had attended the Planners Institute when they had been Planning Commissioners; the Council’s appreciation that the Commissioners were willing to devote the time and effort to attend training sessions; the value of granting permission for all View Restoration Commissioners to attend if their schedule permits. It was argued, however, that perhaps the decision should be postponed until after the outcome of a legal case reviewing the View Restoration Commission.

Councilman McTaggart moved, seconded by Councilwoman Ferraro, to approve payment of travel expenses for any View Restoration Commissioner who wished to attend the next Planners Institute.

The motion carried on the following roll call vote:

AYES: Ferraro, McTaggart, and Mayor Byrd

NOES: Stern

ABSENT: Lyon

Point Vicente Interpretive Center (1101 x 1201 x 1204)

City Manager Evans presented the staff report of November 21, 2000 and the recommendation to direct staff simultaneously to (1) Continue pursuing permits through the Department of Toxic Substance Control (DTSC) for the clean-up of the lead-contaminated soil at the Point Vicente Interpretive Center; (2) Work with the Army Corps of Engineers to achieve funding for site clean-up through the Formerly Used Defense Sites (FUDS) or Potential Responsible Party (PRP) programs; and, (3) Negotiate with the County of Los Angeles to take on a portion of the financial responsibility for clean-up.

Council discussion focused on the possibility of identifying other potential contaminators of this land other than the Federal Government, which might provide Federal funds, rather than waiting for the Federal Government to take full responsibility and perform the cleanup, which could take many years. It was felt that input from longtime City residents who might know of other uses of the property as well as research of local newspaper archives might provide helpful information.

Gerlinde Ryan, Barkentine Road, spoke in opposition to diverting Los Angeles County funds of $4 million granted to the City for purchase of open space for cleanup of Point Vicente Interpretative Center.

Samuel van Wagner, 2763 San Ramon, spoke in favor of pursuing funds from the Federal Government, the responsible party, for cleanup of Point Vicente Interpretative Center but was opposed to using funds granted by the County for purchase of open space. (A copy of Mr. van Wagner’s statement is on file with the City Clerk’s Office.)

Jim Knight, 5 Cinnamon Lane, spoke in opposition to diverting Los Angeles County funds of $4 million granted to the City for purchase of open space for cleanup of Point Vicente Interpretative Center.

Council discussion focused on their agreement that funds granted by Los Angeles County should not be diverted for cleanup of Point Vicente Interpretative Center even though the staff report indicated that the County had suggested this.

Lois Larue, 3136 Barkentine Road, spoke in opposition to the City bearing the expense of cleanup of Point Vicente Interpretative Center.

Councilman Stern moved, seconded by Councilman McTaggart to direct staff simultaneously to: (1) Continue pursuing permits through the Department of Toxic Substance Control (DTSC) for the clean-up of the lead-contaminated soil at the Point Vicente Interpretive Center; (2) Work with the Army Corps of Engineers to achieve funding for site clean-up through the Formerly Used Defense Sites (FUDS) or Potential Responsible Party (PRP) programs; and, (3) Negotiate with the County of Los Angeles to take on a portion of the financial responsibility for clean-up. (4) Not allow diversion of any of the $4 million intended for open space acquisition toward the soil contamination cleanup at Point Vicente Interpretative Center. Motion carried.

Request for Constitutional Amendment Calling for the Direct Election of President (310)

Councilman Stern presented the staff report of November 21, 2000 and the recommendation to request that our United States Senators and Congressperson introduce a constitutional amendment calling for the direct election of the President and Vice President of the United States by popular vote.

Council discussion focused on whether the local, nonpartisan City Council should interject into national politics. It was argued, however, that because of advancement in communication and increased confidence in voters, it was time to urge the national legislature to consider a constitutional amendment allowing one person/one vote.

Councilman Stern moved to request that Senators and Congressperson representing the City introduce a constitutional amendment calling for the direct election of the President and Vice President of the United States by popular vote. The motion died for lack of a second.

Request for a Joint Meeting between the City Council and the Planning Commission (1203 x 307)

Director Rojas presented the staff report of November 21, 2000 and the recommendation to consider the Planning Commission’s request for a joint meeting with the City Council and provide staff with direction.

Council discussion centered on the time elapsed since the last joint meeting; whether a need existed at this time for another joint meeting; and, specifically whether it was appropriate or useful to hold a joint discussion on the Long Point project, particularly since the Planning Commission voted 4-3 to place this topic on the joint meeting agenda.

Councilman Stern moved to hold a joint meeting with the Planning Commission to discuss at least the Long Point project. The motion died for lack of a second.

Cancellation of January 2, 2001 City Council Meeting (1101 x 307)

City Manager Evans presented the staff report of November 21, 2000 and the recommendation to cancel the January 2, 2001 regular City Council meeting.

Councilwoman Ferraro moved, seconded by Mayor Byrd, to cancel the January 2, 2001 City Council Meeting.

The motion carried on the following roll call vote:

AYES: Ferraro, McTaggart, and Mayor Byrd

NOES: Stern

ABSENT: Lyon

CLOSED SESSION REPORT:

City Attorney Lynch reported that regarding the Belda lawsuit, the City Council unanimously authorized the acceptance of the settlement; and, that regarding the S.A.V.E RPV lawsuit and the Echevarrieta litigation, she provided an update on the lawsuits and the Council took no action. She also reported that the City Council unanimously authorized the filing of a lawsuit against a property owner to seek an injunction, if the property owner does not comply with the stop work order; and, that the Council took no action was taken regarding potential litigation against Los Angeles County or the United States.

ADJOURNMENT: Adjourned at 10:50 P.M. on motion of Mayor Byrd.

 

 

 

_______________________

MAYOR

ATTEST:

 

__________________

CITY CLERK

 

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