City Council Minutes 05/15/2001 RPV, City, Council, Minutes, 2001, Meeting RPV City Council Minutes for the 05/15/2001 Meeting

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

MAY 15, 2001

 

The meeting was called to order at 7:08 P.M. by Mayor Lyon at Fred Hesse Community Park, 29301 Hawthorne Boulevard.

After the Pledge of Allegiance led by Cub Scout Pack 970, Sean Harvey; Brian Stone;

Brian Ball; Paul Ashla; Jacob Eisenberg; Lawrence Liu; and, Magnus Lysfjord, 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; Director of Recreation and Parks Ron Rosenfeld; City Clerk/Administrative Services Director Jo Purcell; Associate Planner Schonborn; and, Deputy City Clerk/Recording Secretary Jackie Drasco.

CEREMONIAL MATTERS:

Mayor Lyon presented a proclamation to Lorraine Donovan, who was named Outstanding Crossing Guard of the Year.

RECYCLING DRAWING:

Recycling winners from the last drawing were Val Gelineau and Manfred Welsch, who will each receive a check for $250, which represents a year of free refuse service. Another card was drawn.

APPROVAL OF AGENDA:

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

APPROVAL OF CONSENT CALENDAR:

Mayor Lyon requested that the Scout troop number and names of the scouts performing the flag ceremony be added to minutes and that the item regarding approval of a temporary lease extension between the City and Montessori School of Rancho Palos Verdes be removed for discussion.

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

Lois Larue, 3136 Barkentine Road, spoke on the following topics: typographical errors in the Ocean Trail staff report, expenses for the City’s involvement with CMANC, the cost of utilities for the Montessori School at Ladera Linda Community Center, and expenses on the register of demands.

Minutes (301)

Adopted the Minutes of May 1, 2001 Regular Meeting and the Adjourned meeting. Later in the meeting these minutes were reconsidered. (See Reconsideration of May 1st Regular and May 1st Special Budget Meeting Minutes, Page 8.)

Request for Exoneration of the Landscape Bond for Tract No. 46422 (Requestor: Silvana Schiappa, E.S. Development, Inc.) (1203 x 1411)

Released the remaining balance of Bond No. 3SM 761 737 00 for Tract No. 46422.

Time Extension for Vesting Tentative Tract Map No. 50666 (Ocean Trails LP) (1203 x 1411)

Extended the approval for Vesting Tentative Tract Map No. 50666 for the Ocean Trails project for one year, until April 15, 2002.

Gifts for Parks (1201 x 602)

Accepted the Gifts for Parks donations and directed staff to prepare letters for the Mayor’s signature expressing the Council’s appreciation.

Resol. No. 2001-38 - Register of Demands (602)

ADOPTED RESOLUTION NO. 2001-38, 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

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

Approval of Temporary Lease Extension Between the City and Montessori School of Rancho Palos Verdes (1201 x 1804)

Director Rosenfeld presented the staff report of May 15, 2001 and the recommendation to extend the current lease agreement between the City and Montessori School of Rancho Palos Verdes on a month-by-month basis until their Conditional Use Permit renewal is reviewed.

Council discussed centered on the suggestion that the expiration of the lease or the Conditional Use Permit be adjusted so that they both expire at the same time; that the lease will be submitted to the Council at a later date; and, that approval of this item allows the school to operate on a month-to-month basis until the Conditional Use Permit renewal is reviewed.

Councilman Stern moved, seconded by Mayor Pro Tem McTaggart, to extend the current lease agreement between the City and Montessori School of Rancho Palos Verdes on a month-by-month basis until their Conditional Use Permit renewal is reviewed. Motion carried.

PUBLIC HEARINGS:

Resol. No. 2001- 39 - Citywide Landscaping and Lighting Maintenance District (1204 x 901)

Mayor Lyon opened the public hearing on this proposed levy and collection of assessments within the Citywide Landscaping and Lighting Maintenance District. 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 May 15, 2001 and the recommendation to

(1) Conduct a public hearing on the proposed levy and collection of assessments within the Citywide Landscaping and Lighting Maintenance District for fiscal year 2001-2002 and the Engineer’s Report prepared in connection therewith. (2) Adopt the proposed resolution confirming a diagram and assessment for the 2001-2002 fiscal year in connection with the Citywide Landscaping and Lighting Maintenance District pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code.

Council discussion focused on the fact that the City received no letters in opposition to this item and that the funds were necessary to maintain lighting and landscaping within the City.

Lois Larue, 3136 Barkentine Road, spoke in opposition to the assessment and described its history.

There being no further testimony, Mayor Lyon closed the public hearing.

Councilman Stern moved, seconded by Councilwoman Ferraro, to ADOPT RESOLUTION NO. 2001-39, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 2001-2002 FISCAL YEAR IN CONNECTION WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. Motion carried.

REGULAR BUSINESS:

Landslide Moratorium Exception Permit No. 40 (Landowner: Laurie Younggren, 4362 Exultant Drive) (1203 x 1801)

Associate Planner Schonborn presented the staff report of May 15, 2001 and the recommendation to approve Landslide Moratorium Exception Permit No. 40, allowing the landowner to proceed with the appropriate applications to request approval for a 597-square foot garage, 474-square foot first-story addition, and a 1,251-square foot second-story addition, for property at 4362 Exultant Drive.

Council noted that this property was not in Zone II and that this approval merely allowed the applicant the right to apply and did not imply approval for construction.

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

Abalone Cove Beach Improvement Project (1101 x 1201)

Assistant City Manager Petru presented the staff report of May 15, 2001 and the recommendation to receive and file the project update.

Council discussion focused on state grants which might be available to conduct the annual tide pool surveys and whether a person was required at the upper lot or whether an unmanned honor system might suffice, so that there would always be a staff person at the lower parking lot.

Mayor Lyon moved, seconded by Mayor Pro Tem McTaggart, to (1) receive and file the update; (2) direct staff to research possible grants for tide pool management; and, (3) give more consideration to having an automated gate at the upper parking lot rather than personnel. Motion carried.

Lois Larue, 3136 Barkentine Road, spoke in opposition to this project; said that she was one of the appellants to the California Coastal Commission; felt that local marine biologists should be hired instead of a consultant; and, said that this area is within a slide area although the staff reports that it is not.

Parkland Dedication Fees for Final Parcel Map No. 24679 (Applicant: Ron Florance) (1203 x 1410)

Director Rojas presented the staff report of May 15, 2001 and the recommendation to approve parkland dedication (Quimby) fees for Final Parcel Map No. 24679 pursuant to the City’s parkland dedication fee formula in the amount of $18,243.97.

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

RECESS & RECONVENE:

At 8:00 P.M., Mayor Lyon declared a recess. The meeting reconvened at 8:15 P.M.

Resol. No. 2001-40 - Purchase of the Barkentine Property (1101)

Assistant City Manager Petru presented the staff report of May 15, 2001 and the recommendation to adopt the proposed resolution authorizing staff to proceed with the purchase of the Barkentine property.

Council discussion centered on the purchase price of the land and revegetation costs and that approval of this agenda item did not approve the expenditure of the funds but merely allowed the process to continue forward.

Lois Larue 3136 Barkentine Road, commented that the report was well written and she discussed past and current conditions in Barkentine Canyon.

Councilman Stern moved, seconded by Mayor Pro Tem McTaggart, to ADOPT RESOLUTION NO. 2001-40, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING STAFF TO PROCEED WITH THE PURCHASE OF THE BARKENTINE PROPERTY. Motion carried.

Guidelines for Residential Undergrounding Districts (1204 x 901)

Director Allison presented the staff report of May 15, 2001 and the recommendation to

provide staff with direction on certain policy issues regarding the guidelines for residential undergrounding districts. Mr. Allison’s remarks were augmented by a computer-generated visual presentation illustrating the proposed procedure and simulating before and after views.

Council discussion focused on financial risk to the City if an undergrounding process ends by the district being rejected by the property owners or by the City; the need for a high percentage requirement for initial interest because homeowners sometimes change their minds when the realize the cost of undergrounding; unexpected cost increases caused by unexpected soil conditions, such as bedrock; and, the requirement for 50% plus one property owner to establish a district.

Representing Berryman & Henigar was Debbie Cobb who described hardship payment deferred programs for property owners for whom the expense might be impossible.

Further Council discussion included suggestions to provide cost estimates to homeowners and to lower the initial interest percentage to 65% which would be helpful in creating a district. The Council also discussed potential delays caused by too many changes to accommodate individual property owners; increases in costs during the long period of time required to establish a district; and, the improvement of views and increase to property values when undergrounding takes place.

Stephen A’Hearn, 28719 Plainfield Drive, representing homeowners in the Los Verdes area, indicated that there was enthusiasm in his neighborhood for undergrounding and that out of 160 homeowners, 140 had agreed. He felt that people were willing to work together and pay the costs and that undergrounding would increase property values.

Arvid von Nordenflycht, 28849 Blythewood Drive, supported the concept and described efforts 20 years ago to underground his neighborhood. He felt that 80% agreement by homeowners was too high an expectation, noting that other cities had been successful receiving only 65% interest initially.

Ms. Cobb stated that a typical district was made up of 50 to 200 homes and the larger number of households usually resulted in a lower cost to each homeowner.

Council agreed that providing a booklet describing the process and information about deferred payments, as well as a cost estimate and other pertinent information on the petition would contribute to the success for forming a district. It was suggested that a goal of 65% interest be established and that a fee of approximately $100 be collected from each homeowner who indicated interest. It was noted that costs could be increased based on terrain, soil conditions, the location of the utility pole, etc.

Mayor Pro Tem McTaggart moved, seconded by Mayor Lyon, to conceptually accept the guidelines for residential undergrounding districts with the change from 80% to 65% for required neighborhood petition approval and to approve the expenditure of $20,000 for engineering services to assist property owners through the early stages of the undergrounding process.

The motion carried on the following roll call vote:

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

NOES: None

Comment Letter to the Regional Water Quality Control Board (1204 x 604)

Director Allison presented the staff report of May 15, 2001 and the recommendation to

(1) Authorize the Mayor to execute a letter to the Regional Water Quality Control Board outlining the City’s concerns with the proposed storm water permit. (2) Authorize the expenditure of $5,000 with the Coalition for Practical Regulations for legal fees regarding the new storm water permit.

Council discussion focused on the Board’s lack of recognition that all regulations cannot apply to all Cities, for instance, the requirement to have water percolate through the soil contributes to the City’s landslides.

Councilman Byrd moved, seconded by Councilwoman Ferraro to

(1) Authorize the Mayor to execute a letter to the Regional Water Quality Control Board outlining the City’s concerns with the proposed storm water permit. (2) Authorize the expenditure of $5,000 with the Coalition for Practical Regulations for legal fees regarding the new storm water permit.

The motion carried on the following roll call vote:

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

NOES: None

Legislative Bills (1101 x 306)

City Manager Evans presented the staff report of May 15, 2001 and the recommendation to receive and discuss various legislative bills of interest to the City Council.

After a discussion of the bills and when and if the Council should take stands on legislation, Mayor Pro Tem McTaggart moved, seconded by Councilwoman Ferraro, to direct staff to compose a letter to legislators for the Mayor’s signature opposing AB 62X and AB 14X and to Senator Betty Karnette inquiring how she intends to deal with California League of Cities opposition to her bill, SCA 3 and to allow Councilmembers to write letters, if so desired, expressing their own opinions regarding AB 1284 and SB 503.

Change of April 17th Minutes (301)

City Clerk Purcell presented the staff report of May 15, 2001 and the recommendation to consider Mayor Lyon’s request to change the minutes of April 17, 2001 to reflect her intent that this Ad Hoc committee sunset in December 2001.

Councilman Stern moved, seconded by Mayor Pro Tem McTaggart, to change the minutes of April 17, 2001 to reflect her intent that this Ad Hoc committee sunset in December 2001.

Reconsideration of May 1st Regular and May 1st Special Budget Meeting Minutes, (301)

Council requested reconsideration of the May 1st Regular City Council minutes due to the corrections listed on the errata sheet distributed by the City Clerk, said correction pertaining to the discussion under Audience Comments about the proposal to develop a girls soft ball facility at the Lower Pt. Vicente property. Also, to approve the correction to the May 1st Special Budget Meeting Minutes.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart to reconsider the May 1st Regular City Council minutes and the May 1st Special Budget Meeting Minutes. Motion carried.

After discussion of the City Clerk’s proposed correction to the May 1st Regular Meeting Minutes, that portion of the minutes was approved to read as follows: "Councilman Stern argued, 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 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."

The minutes of the May 1st Special Budget Meeting were approved with the proposed correction.

Councilwoman Ferraro moved seconded by Councilman Stern to approve the Minutes of the May 1st Regular Meeting and the minutes of the May 1st Special Budget Meeting as corrected. Motion carried.

It was noted that with future errata sheets, that the City Clerk inform the Council of the corrections.

PUBLIC COMMENTS:

Lois Larue, 3136 Barkentine Road, expressed appreciation for removal of the buildings on Portuguese Point constructed for a movie.

CLOSED SESSION REPORT:

City Attorney Lynch reported that regarding the potential purchase of the Filiorum property, the Council unanimously directed that there would be no change to the prior offer to purchase the property; regarding the Los Angeles World Airports lawsuit, the Council unanimously (with Councilwoman Ferraro absent) directed that the case would be dismissed, since the desired paperwork was turned over by LAWA; and, regarding the potential purchase of the Barry Hon property, the Council unanimously directed that an offer be made.

ORAL CITY COUNCIL REPORTS: Mayor Pro Tem McTaggart reported on the City’s efforts to improve congestion and safety near schools.

ADJOURNMENT: Adjourned at 10:00 on motion of Councilwoman Ferraro, to a Budget Workshop on Wednesday, May 23, at 7:00 P.M. in the City Hall Community Room.

 

 

____________________

MAYOR

ATTEST:

 

______________________

CITY CLERK

 

 

 

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