M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 5, 2000 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 5, 2000 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 5, 2000 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 5, 2000

                                                                   M I N U T E S

                                      RANCHO PALOS VERDES CITY COUNCIL

                                                           REGULAR MEETING

                                                           DECEMBER 5, 2000

The meeting was called to order at 7:00 P.M. by Mayor Byrd at Fred Hesse Community Park, 29301 Hawthorne Boulevard.  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, City Attorney Carol Lynch; Director of Planning, Building, and Code Enforcement Joel Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; Senior Planner Kit Fox; City Clerk/Administrative Services Director Jo Purcell; and, Deputy City Clerk/Recording Secretary Jackie Drasco.

RECYCLING DRAWING:

There was no winner from the last drawing.  Another card was selected.

APPROVAL OF AGENDA:

  1. Mayor Pro Tem Lyon moved, seconded by Councilwoman Ferraro, to approve the agenda as amended.  Motion carried.

COUNCIL REORGANIZATION:

Selection of Mayor

Councilwoman Ferraro moved to nominate Mayor Pro Tem Lyon for Mayor.  Motion seconded by Councilman Stern.  Motion carried unanimously.
 

Selection of Mayor Pro Tem 

Mayor Lyon nominated John McTaggart for Mayor Pro Tem.  Motion seconded by Councilwoman Ferraro.  Motion carried unanimously.

Mayor Lyon presented a memento to outgoing mayor Lee Byrd on behalf of the City Council in recognition of his Council leadership during the past 12 months.

APPROVAL OF CONSENT CALENDAR:

City Attorney Lynch clarified a correction to the SUSMP ordinance.  Regarding the Destruction of Records, item, she clarified that the minimum time for records to be kept was two years.
 

Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart, to approve the consent calendar, as amended with City Attorney Lynch’s comments, 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.

Adoption of Ordinance No. 361 – NPDES Regulations  (1204 x 1103 x 1900 x 1402)

ADOPTED ORDINANCE NO. 361, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.  (This ordinance was introduced on November 21, 2000.)

October 2000 Treasurer’s Report  (602)

Ordered received and filed.

Resol. No 2000-85 - Annual Destruction of Records  (301)

ADOPTED RESOLUTION NO. 2000-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, MAKING CERTAIN CHANGES TO EXISTING RETENTION SCHEDULES, AND AMENDING RESOLUTION NO. 96-91.

Resol. No. 2000-86 - Register of Demands  (602)

ADOPTED RESOL. NO. 2000-86, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.

The motion to approve the consent calendar carried on the following roll call vote:

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

NOES:           None

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PUBLIC HEARINGS:

Proposed 2001-2002 Community Development Block Grant (CDBG) Program  (1204 x 601) Mayor Lyon opened the public hearing on this request to receive testimony and make decisions regarding the Proposed 2001-2002 Community Development Block Grant (CDBG) Program.  City Clerk Purcell announced that notice had been duly published and that there were no written protests received by the City.

Director Allison presented the staff report of December 5, 2000 and the recommendation to (1) Conduct a public hearing to receive citizen input on the proposed 2001-2002 Community Development Block Grant (CDBG) Program.  (2) Approve the proposed CDBG projects and budget.  (3) Authorize the Director of Public Works to execute agreements for CDBG projects with the Los Angeles County Community Development.

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

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

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

Mayor Lyon opened the public hearing on this request to hear the Appeal of Grading Permit No. 1928-Revision ‘B’.   City Clerk Purcell announced that notice had been duly published and that comment letters received by the City were included in the agenda packet.

Senior Planner Fox presented the staff report of December 5, 2000 and the recommendation to remand Grading Permit No. 1928-Revision ‘B’ to the Planning Commission for further review and consideration.

Council discussion centered on whether all or some portions of this project should be remanded to the Planning Commission.

Arik Abdalian, 30825 Marne Drive, described the history of his project and modifications requested as it proceeded through the Planning Commission review process, and emphasized his willingness to comply with City regulations and the requests of his neighbors.

Eric Paris, 29234 Stadia Hill Lane, spoke in support of denying the appeal because he felt that there had been already too many concessions made to the property owner.
 
There being no further testimony, Mayor Lyon closed the public hearing.

Council discussion focused on the slope of the property before and after grading; payment of application and appeal fees, depending on whether the entire project or a portion of it was remanded to the Planning Commission; and, withholding of a certificate of occupancy until the rear slope of the site is restored.
 
Councilman Stern moved, seconded by Mayor Pro Tem McTaggart, to deny the appeal without prejudice, uphold the Planning Commission’s action of October 10, 2000, and direct Staff to prepare an appropriate resolution for adoption at the next City Council meeting; and remand only the new modifications to the Planning Commission as a new and separate revision to Grading Permit No. 1928.  Motion carried.

REGULAR BUSINESS:

Natural Community Conservation Planning (NCCP) update on the City’s draft preferred alternative preserve design (Alternative No. 5)   (1203)
 
Director Rojas presented the staff report of December 5, 2000 and the recommendation to (1) Review the draft preferred alternative preserve design (Alternate No. 5) and provide staff with input.  (2) Provide staff with direction on whether to proceed with the NCCP program, as proposed.  A PowerPoint presentation was used to exhibit maps of Alternative No. 4 and No. 5 which described the areas which the City proposed to include in an NCCP preserve.
 
City Clerk Purcell noted that late correspondence had been distributed to the Council as well as revised pages for the staff report.
 
Council discussion centered on a history of the NCCP and the parties participating in its formulation; obligations to the City and the need to understand how changes to a preserve could be made if necessary in the future; the requirement for provisions for emergency repairs in a preserve; the need for a financial and management plan; parcels being considered for open space purchase; the new “bubble” concept introduced in Alternative No. 5; and, the advantage of cooperation from landowners.

RECESS & RECONVENE:

At 8:30 P.M., Mayor Lyon declared a recess.  The meeting reconvened at 8:42 P.M.

PUBLIC COMMENTS:

Tony Baker, 16 Limetree Lane, discussed use of trails and road in the Portuguese Bend area and urged the Council to preserve this area as a nature preserve.

Bernie Slotnick, 6055 Montemalaga Drive, said he was Neighborhood Watch block captain for 22 homes and he asked that the Council prohibit soliciting after dark.  He stated that residents felt intimidated by these solicitors and there had been a report of a car being vandalized after a refusal to purchase magazine subscriptions being sold by these solicitors.

City Attorney Lynch said that the Council did not have the authority to change a state law which allowed soliciting until 8:00 P.M. but said that residents could place a “no soliciting” sign or a “no soliciting after 4:00 P.M.” sign on their property and the sheriff could be called if the signs were not heeded.  She also mentioned that vandalism of property or soliciting without a permit were also violations that should be reported to the Sheriff.

Lois Larue, 3136 Barkentine Road, spoke on a number of subjects:  Council reorganization; her reporting on the landslide; the suggestion that the City transfer its accounts to a local bank; and, the monthly stipend payments to Planning Commissioners.

George Gleghorn, 28850 Crestridge Road, stated that the past microphone problem at City Council meetings appeared to have been solved and that he was glad that it was easier to hear what was being said.

Natural Community Conservation Planning (NCCP) update on the City’s draft preferred alternative preserve design (Alternative No. 5)    CONTINUED   (1203)

Public comments were heard at this time.

Bill Tippets, 4949 Viewridge Avenue, San Diego, CA  92123, Habitat Conservation Supervisor, California Department of Fish and Game, provided information regarding the process, funding, City commitments and benefits of the NCCP; experiences of other cities; the role of the Coastal Commission; and, he answered questions from the Council relative to certain scenarios of the ultimate features of the City’s NCCP.

Mike Walker, Palos Verdes Portuguese Bend Company, 25200 La Paz Road, Suite 210, Laguna Hills, CA  92653, distributed a handout indicating the ten goals of the NCCP to the Council; addressed staff recommendations; discussed the collaborative role of the City Council, landowners, citizens, city staff, and resource agencies; the need for criteria within the “bubble” areas; constraints placed upon landowners; and, the fact that some consider a golf course as open space.  He indicated that his group would do what they could to support the program.  (A copy of Mr. Walker’s handout is on file with the City Clerk’s Office.)

Gary Weber, 6610 Palos Verdes Drive South, representing York Long Point, said that they were generally in support of the program but had questions regarding details, such as linkage and criteria in the “bubble” areas.  He said that funding was critical and his group would be willing to help locate funding sources.

Larry Vivian, 2324 West 37th Street, San Pedro, CA  90732, Conservation Chair, Palos Verdes/South Bay Sierra Club, felt that Alternative No. 5 was a complex plan which appeared to place development at a higher priority than the environment.
 
Barbara Gleghorn, 28850 Crestridge Road, Steering Committee, Save our Coastline II, said that she appreciated the City’s involvement in NCCP but felt that Alternative No. 5 was in conflict with citizens’ wishes regarding upper Pt. Vicente Park at City Hall and that Mr. York should use his own land for golf, not public land.

Jim Knight, 5 Cinnamon Lane, spoke in favor of the City’s participation and felt that large contiguous parcels were preferable to islands of open space; however, he felt that Alternative No. 5 created isolated strips of habitat.  He asked how the recent destruction of habitat by Mr. York would be addressed in reference to the NCCP.
 
Rowland Driskell, 30 Via Capri, spoke in opposition to the use of City Hall property for golf and said that he felt that a golf course did not constitute open space.
 
Councilwoman Ferraro left the meeting at 9:39 P.M.

Jess Morton, 787 West 4th Street, San Pedro, CA  90731, Los Angeles County Director, Endangered Habitats League, said that Alternative No. 5 was the best alternative except for No. 1 and he was opposed to allowing a golf course on public land.  He felt that the greatest possible preserve should be created to preserve the high quality of life on the Peninsula.

Bill Ailor, 1052 Via Palestra, Palos Verdes Estates, CA 90274, representing Palos Verdes Peninsula Land Conservancy, acknowledged the Council’s past support of open space purchases and urged them to continue to search for funding, particularly to purchase open space in Portuguese Bend which he felt was essential to the NCCP.
 
Keith Lenard, El Rey Road, San Pedro, CA  90732, Executive Director, Palos Verdes Peninsula Land Conservancy, said that he was new to the community, having been hired only six months ago.  He described his experience with the conservancy in Wyoming, and explained how raising funds for purchase of open space was handled.  He urged the Council to adopt a resolution proposed by the Land Conservancy regarding purchase of open space in Portuguese Bend; encouraged completion of the NCCP as quickly as possible to create additional funds; and, noted funds currently available from the Palos Verdes Peninsula Land Conservancy and from Proposition A.  (A copy of a statement from Mr. Lenard is on file with the City Clerk’s Office.)

Lois Larue, 3136 Barkentine Road, stated her agreement with Josh Cohen of the Palos Verdes Peninsula News that the staff report was excellent; that she was pleased that Bill Tippets was able to attend the meeting; and, she inquired about the funding of the cleanup of Forrestal Canyon.

Angelika Brinkmann-Busi, 2141 West 35th Street, San Pedro, CA  90732, Conservation Chair, South Coast Chapter of the California Native Plant Society, explained that the Native Plant Society had participated in the NCCP from the beginning and said that the NCCP provided a good opportunity to preserve natural open space with regional control and protected the environment while still allowing commercial development.  She read from a letter that she wrote to the City expressing her concern that the proposed plan seemed to give a higher priority to development and urging the Council to consider wildlife in the public land around City Hall and make this land part of the preserve.
 
Bill Ailor, 1052 Via Palestra, Palos Verdes Estates, CA  90274, Palos Verdes Peninsula Land Conservancy, reminded the Council of the Conservancy’s offer to provide management of Forrestal at no cost to the City.

RECESS & RECONVENE:

At 10:10 P.M., Mayor Lyon declared a recess.  The meeting reconvened at 10:25 P.M.

Council discussion focused on the suggestion for staff to provide a comparison of all the NCCP alternatives; the need for criteria for the “bubble” areas; price negotiations for purchase of open space; the latitude the City would have in stabilizing the landslide; and the goals of the NCCP, which are compatible with the City’s goals at the time of incorporation.

Councilman Stern moved, seconded by Mayor Pro Tem McTaggart, to: (1) Direct staff to provide a more detailed comparison of Alternatives 1, 3 and 5 at a workshop to be scheduled later including (a) what development would be permitted by each alternative; (b) how the property owners feel about each alternative; and (c) how the Resource Agencies and other environmental groups feel about each alternative. (2)  Develop "draft" criteria for the "bubbles."  (3)  Provide more definitive answers to the questions related to mitigation for habitat damaged during emergency repairs to public facilities due to failures or natural disasters.  (4)  Describe more specific criteria for removing habitat from an adopted "preserve."  (5)  Provide a draft or sample NCCP agreement that would be similar to one that would be applicable to the NCCP in Rancho Palos Verdes.  Motion carried 4-0-1 (Councilman Ferraro having left the meeting at 9:39 P.M.).

Landslide Moratorium Exception Permit No. 37 (Jim Knight, 5 Cinnamon Lane).     (1203 x 1801)

Director Rojas presented the staff report of December 5, 2000 and the recommendation to approve with conditions Landslide Moratorium Exception Permit No. 37 allowing the landowner to proceed with the appropriate applications to legalize a 105 square foot non-habitable storage shed attached to the existing residence.

Jack Monks, 32200 Schooner Drive, spoke in support of issuing the permit.

Councilman Byrd moved, seconded by Mayor Pro Tem McTaggart, to adopt the staff recommendation.  Motion carried 4-0-1 (Councilman Ferraro having left the meeting at 9:39 P.M.).

Los Angeles World Airports Roundtable on Aircraft Noise  (1101 x 1505)

City Manager Evans presented the staff report of December 5, 2000 and the recommendation to consider appointing Councilmembers McTaggart and Ferraro as the City’s representative and alternate, respectively, to the Los Angeles World Airports Roundtable Group and authorize the Mayor to execute a written endorsement of the appointments.            

Councilman Stern moved, seconded by Councilman Byrd, to adopt the staff recommendation. Motion carried 4-0-1 (Councilman Ferraro having left the meeting at 9:39 P.M.).

Request from Navy League of the United States to support a port visit to the South Bay by an aircraft carrier.   (1101 x 310)

Assistant City Manager Petru presented the staff report of December 5, 2000 and the recommendation to consider whether to award a grant to the Navy League of the United States to support a port visit to the South Bay by an aircraft carrier. 

Samuel Van Wagner, 2763 San Ramon Drive, spoke in support of awarding the grant and suggested that support from other South Bay cities be sought by advance publicity for the event.

Council consensus was to communicate with other cities in the area and to utilize the services of Gary Amo for publicity.

Mayor Pro Tem McTaggart moved, seconded by Councilman Stern, to award a maximum grant of $2800.

The motion carried on the following roll call vote:

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

ADJOURNMENT:  Adjourned at 11:01 P.M. on motion of Mayor Lyon.

_______________________
                MAYOR

ATTEST:

__________________
     CITY CLERK