City Council Minutes 05/01/2001 RPV, City, Council, Minutes, 2001, Meeting RPV City Council Minutes for the 05/01/2001 Meeting M I N U T E S

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

MAY 1, 2001

 

The meeting was called to order at 7:55 P.M. by Mayor Lyon at Fred Hesse Community Park, 29301 Hawthorne Boulevard. After the Pledge of Allegiance, roll call was answered as follows:

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

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 Joel Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; City Clerk/Administrative Services Director Jo Purcell; Senior Planner Fox; and, Deputy City Clerk/Recording Secretary Jackie Drasco.

RECYCLING DRAWING:

Recycling winners from the last drawing was Mauro D. Asprih, who will receive a check for $250, which represents a year of free refuse service. Another card was drawn.

APPROVAL OF AGENDA:

City Manager Evans said that the Contract Services for the Position of Deputy Director of Public Works item had been removed from the agenda.

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

APPROVAL OF CONSENT CALENDAR:

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

Lois Larue, 3136 Barkentine Road, said that she liked the new setup of the room and that the golf tax should be called greens fee revenue.

Minutes (301)

Adopted the Minutes of April 17, 2001, as presented, and April 21, 2001, as amended

Contract Services for the Position of Deputy Director of Public Works (1204 x 1202)

Removed from the agenda.

Acquisition of Vehicle for the Department of Public Works (1204 x 602)

(1) Authorized the Department of Public Works to purchase a new vehicle. (2) Authorized the Mayor and the City Clerk to enter into a purchase agreement with Worthington Ford in the amount of $18,784.36.

Update to the Pavement Management Report (1204 x 1403)

(1) Awarded a professional service contract for an update to the Pavement Management Report to Berryman and Henigar, Inc., for a not to exceed amount of $16,266, and authorized the expenditure of up to $1,734 for additional services, for a total authorization of $18,000. (2) Authorized the Mayor and the City Clerk to execute a professional service contract with Berryman and Henigar, Inc.

Award Contract for Construction of Bikeway Route Improvement Project (1204 x 112)

(1) Awarded a contract for the Bikeway Route Improvement Project to PCI Ltd. for an amount not to exceed $46,969; plus authorized staff to spend an additional $8,031 for possible extra work, for a total authorization of $55,000. (2) Authorized the Mayor and the City Clerk to execute the contract on behalf of the City.

Resol. No. 2001-37 - Register of Demands (602)

ADOPTED RESOLUTION NO. 2001-37, 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

# # # # # # # # # # # #

REGULAR BUSINESS:

Review of Large Domestic Animal Nonconformity Statement No. 6 (Ryan, 28328 Palos Verdes Drive East) (1203 x 1808)

Senior Planner Fox presented the staff report of May 1, 2001 and the recommendation to affirm Staff’s determination that the keeping of a maximum of five large domestic animals may be "grandfathered" for the property at 28328 Palos Verdes Drive East.

City Attorney Lynch confirmed that leasing a horse is the same as owning a horse;

Madeline Ryan, 28328 Palos Verdes Drive East, said that she wanted six horses on her property, not eight as the staff report indicated. She said that allowing five horses was not acceptable and the City was grandfathering six stables so it was logical to allow six horses and the 30,000 square feet developed lot was large enough to accommodate this many animals. She estimated that she had seven horses on the property on February 1, 1997 and said that she understood that "grandfathering" indicated she could have the same number of horses that was legal on February 1, 1997. She urged the Council to preserve equine rights in the City as they have with open space and views.

Council discussion centered on the total number of large domestic animals allowed on each of the lots owned by Ms. Ryan under the old code and under the new code.

Madeline Ryan indicated that she could probably provide records indicating that she had seven horses on her property on February 1, 1997.

Council discussion focused on allowing the six horses on this large parcel of land as requested by Mrs. Ryan. It was argued that this action would not comply with the Equestrian ordinance. Council consensus was that Mrs. Ryan did have seven horses on her property on February 1, 1997 and to permit the six that she was now requesting.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart, to amend Staff’s determination and allow that the keeping of a maximum of six large domestic animals may be "grandfathered" for the property at 28328 Palos Verdes Drive East. Motion carried.

Review of Large Domestic Animal Nonconformity Statement No. 19 (Downhill, 20 Vanderlip Drive) (1203 x 1808)

Senior Planner Fox presented the staff report of May 1, 2001 and the recommendation to affirm Staff’s determination that the keeping of a maximum of six large domestic animals may be "grandfathered" for the property at 20 Vanderlip Drive.

Jack Downhill, 20 Vanderlip Drive, said that often he did not know how many horses were on his property because he was not running a business and often would allow a child to board their horse there free of charge. He stated that he had owned the property since 1968 and this large 7-acre parcel could legally accommodate many more horses if sub-divided. He said that he did not know exactly how many horses were on his property on February 1, 1997; that he knew a week before the inspection that there were seven; and, that even though he felt he should be allowed 11 horses, it was unlikely he would ever have that many.

Council discussion centered on the need for Council discretion in making individual decisions when unusual circumstances existed. It was argued that language providing Council discretion already existed in the Equestrian Ordinance and that by requiring that the Council hear disputed grandfather statements, it was implied that Councilmembers could use their best judgment.

Councilman Stern moved, seconded by Mayor Lyon, to direct staff to prepare an amendment to the Ordinance to give the City Council the ability to go beyond the number of large domestic animals allowed if there were unique circumstances. Motion carried.

It was decided that during a recess, a copy of the ordinance might be located and it could be determined if this discretion already existed in the code.

RECESS & RECONVENE:

At 8:29 P.M., Mayor Lyon declared a recess. The meeting reconvened at 8:40 P.M.

Council consensus was to have City Attorney Lynch bring back on June 5 the appropriate language to amend the ordinance to allow Council discretion in making decisions on disputed grandfather statements and to postpone the decision regarding Mr. Downhill’s property until after the ordinance was amended.

PUBLIC COMMENTS:

Claudia Krikorian, 1821 Paseo Del Sol, Palos Verdes Estates, CA 90274, stated that by a letter delivered to staff this evening she had filed an appeal to the City to ratify the Planning Commission’s approval of the Montessori School at Golden Cove and that she was requesting that the appeal be heard at the Council’s adjourned meeting on May 23. She explained that she believed that an appeal was going to be filed to delay the opening of the school in September 2001 and that an appeal hearing on June 5 would delay construction. (A copy of Ms. Krikorian’s appeal letter is on file with the City Clark’s Office.)

Council discussion focused on the deadline of May 9 to file an appeal of the Planning Commission's decision and that an appeal submitted right at the deadline would mean that the appeal hearing would be on June 5. It was argued that submitting the appeal from the applicant this evening would not follow the process.

City Attorney Lynch confirmed that the appeal submitted tonight and one filed even as late as May 9 would be heard concurrently on May 23 and advised that this item would have to be added to tonight's agenda in order for the Council to make a decision on Ms. Krikorian's request for the appeal to be heard on May 23. The City Attorney explained that this item came to the City's attention after the posting of the agenda, since Ms. Krikorian filed her appeal today, and there is an immediate need to take action, if the appeal hearing is to be properly noticed to be held on May 23rd.

Deputy Director Snow confirmed that staff would have sufficient time to provide notice and prepare a staff report for the May 23 agenda.

Brant Dveirin, Brown, Winfield & Canzoneri, 300 South Grand, Suite 1500, Los Angeles, CA 90071, attorney representing Claudia Krikorian, stated that he was sensitive to due process; that he did not believe any rights would be violated; and, that he hoped the Council to approve Ms. Krikorian’s request that the appeal be heard on May 23. He said that the party they expected to file an appeal was associated with a competitive school.

Councilman Stern moved, seconded by Councilwoman Ferraro to add this item to the agenda.

The motion carried on the following roll call vote:

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

NOES: None

Councilwoman Ferraro moved, seconded by Councilman Stern, to hear any appeals on May 23. The motion carried (4-1) with Mayor Pro Tem McTaggart dissenting.

Rob Katherman, 18 Rockinghorse Road, representing the Palos Verdes Peninsula Girls Softball League, requested that the Council start a process for approval of sports fields at lower Point Vicente Park, noting that the League had made several presentations at Council meetings. He distributed a packet which showed, among other things, a diagram of the sports fields superimposed on eight acres of the property. He indicated that the proposal included a combination of softball, soccer and Pop Warner football field. He said that he realized there are many steps to the process, including approval by Los Angeles County who owned the land leased by the City, removal of the lead in the soil, and a coastal permit.

It was argued by Councilman Stern, however, that a wider scope of development should be considered for this property and that it was not appropriate to begin the process for one group. Council discussion then centered on the fact that action could not be taken at this meeting but that the applicant could bring more information to begin the process.

Monument for Lauren Key at Inspiration Point (1101 x 305)

Assistant City Manager Petru presented the staff report of May 1, 2001 and the recommendation to approve a request from Sarah Key-Marer to place a monument at Inspiration Point to honor the memory of her daughter, Lauren Key.

Sarah Key-Marer, 8201 Maloy Drive, Huntington Beach, CA 92646, thanked the City Council and staff and said that the monument means a lot to her.

Lois Larue, 3136 Barkentine, requested that the Council consider a similar request for a monument to her son who she said discovered the Abalone Cove landslide in 1974 and indicated that she would be willing to pay for the monument.

Councilwoman Ferraro moved, seconded by Councilman Byrd, to approve the staff recommendation.

The motion carried on the following roll call vote:

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

NOES: None

Invitation to Join as Parties to Litigation Filed by SCAG (1101 x 1203)

City Manager Evans presented the staff report of May 1, 2001 and the recommendation to consider the invitation to join as a named plaintiff in a lawsuit filed by the Southern California Association of Governments (SCAG) against the State Department of Housing and Community Development (HCD).

Councilman Stern said that he would recuse himself from participating in the discussion and voting on this item since the law firm at which he is employed is representing SCAG.

Council discussion centered on the state mandate for cities to provide housing units; legislation being considered which could result in withdrawal of state funds from cities which do not have an approved housing element; the state’s lack of respect for a city’s general plan; the small group of approximately eight people at HCD who make these decisions; the lack of cost to the City to join the suit; the possibility of the State’s denying approval of the City’s housing element should the Council decide to join the lawsuit; and, what questions the State asked when it returned the City’s housing element.

City Attorney Lynch responded with some of the questions the State had asked and said that the approval was not based on firm requirements but was a subjective review.

Mayor Pro Tem McTaggart moved, seconded by Mayor Lyon, to join as a named plaintiff in a lawsuit filed by the Southern California Association of Governments (SCAG) against the State Department of Housing and Community Development (HCD). Motion carried 4-0-1, with Councilman Stern abstaining.

Storm Drain Presentation (1204 x 604)

Director Allison presented a computer generated visual presentation of the City storm drains.

ORAL CITY COUNCIL REPORTS:

Mayor Lyon announced the Household Hazardous Waste Roundup scheduled for Saturday, May 5, from 9:00 A.M. to 3:00 P.M. at City Hall, and that it was free to all residents of Los Angeles County.

Mayor Pro Tem McTaggart reported on several bills being proposed which could affect General Plan requirements and state-mandated programs. He asked staff to research SB 503, AB 1284, and SCA 3 and provide details to the Council so it could respond.

Councilwoman Ferraro added AB 62X to the list to be studied.

Mayor Lyon suggested that staff might provide the website address to each Councilmember who could then access the bills on the Internet.

RECESS & RECONVENE:

At 10:04 P.M., Mayor Lyon declared a recess to the Redevelopment Agency and Improvement Authority meetings, and then a Closed Session. The meeting reconvened at 11:30 P.M.

CLOSED SESSION REPORT:

City Attorney Lynch reported that Council unanimously authorized her office to make another counter offer to Jim York for the upper Filiorum property.

ADJOURNMENT: 11:30 P.M.

 

 

 

____________________

MAYOR

ATTEST:

 

__________________

CITY CLERK

 

 

 

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