City Council Minutes 07/17/2001 RPV, City, Council, Minutes, 2001, Meeting RPV City Council Minutes for the 07/17/2001 Meeting Rancho Palos Verdes City Council Minutes July 17,2001

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

JULY 17, 2001

 

The meeting was called to order at 7:00 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: Gardiner, McTaggart, Stern, and Mayor Lyon

ABSENT: Ferraro

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:

There was no winner from the previous Council meeting. Another card was drawn.

APPROVAL OF AGENDA:

Mayor Pro Tem McTaggart requested that the item regarding the Comment Letter on Draft EIR/EIS for the Proposed Master Plan Improvements at Los Angeles International Airport be heard immediately before the first public hearing.

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

APPROVAL OF CONSENT CALENDAR:

Lois Larue, 3136 Barkentine Road, inquired why the Minutes of May 23 were delayed.

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

 

Councilmember Gardiner requested that Ordinance No. 364 Ė Prohibiting Hunting On Public Land and April and May 2001 Treasurerís Reports be removed from the Consent Calendar for discussion.

The maker and the seconder agreed to amend the motion to approve the Consent Calendar.

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)

Adopted the Minutes of May 23, 2001.

Informal Bid and Pre-Ordering of Pipe for the San Ramon Drainage and Landslide Stabilization Project

Reviewed and reconfirmed by a four-fifths (4/5) vote, the Councilís action on July 3, 2001 to authorize staff to conduct an informal bid process and pre-order drainage pipe for the San Ramon Drainage and Landslide Stabilization Project.

Ordinance No. 363 - Repeal of "For Sale Sign" Prohibition

ADOPTED ORDINANCE NO. 363 - AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING REGULATIONS RELATING TO PARKING VEHICLES FOR SALE ON PUBLIC STREETS AND AMENDING TITLE 10 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. (This ordinance was INTRODUCED at the July 3rd meeting.)

Resol. No. 2001-51 - Budget Adjustment for the Purchase of Tax Defaulted Property

ADOPTED RESOLUTION NO. 2001-51, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2001-43, THE BUDGET APPROPRIATIONS FOR FISCAL YEAR 2001-2002 FOR A BUDGET ADJUSTMENT TO THE CITYíS GENERAL FUND TO PURCHASE TAX-DEFAULTED PROPERTY FROM THE COUNTY OF LOS ANGELES.

Resol. No. 2001-52 - Register of Demands (602)

ADOPTED RESOLUTION NO. 2001-52, 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: Gardiner, McTaggart, Stern, and Mayor Lyon

NOES: None

ABSENT: Ferraro

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Ordinance No. 364 Ė Prohibiting Hunting On Public Land

The staff recommendation was to adopt the proposed ordinance establishing regulations prohibiting hunting on city property and amending the Rancho Palos Verdes Municipal Code. (This ordinance was introduced at the July 3rd meeting.)

Staff provided clarification that the ordinance applied to land owned or leased by the City.

Mayor Pro Tem McTaggart moved, seconded by Councilman Stern, to ADOPT ORDINANCE NO. 364 - AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING REGULATIONS PROHIBITING HUNTING ON CITY PROPERTY AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.

The motion carried on the following roll call vote:

AYES: Gardiner, McTaggart, Stern, and Mayor Lyon

NOES: None

ABSENT: Ferraro

April and May 2001 Treasurerís Reports

The staff recommendation was to receive and file the reports.

Councilmember Gardiner suggested some clarifications be made to the report to make its contents more understandable and asked about the Cityís investment policy and the possibility of different investments for better return.

Mayor Lyon and City Attorney Lynch explained that the Cityís policy had been very conservative for the last 15 years because of investment experience before that time but that possibly this subject could be agendized for discussion at a future meeting.

Council consensus was to order the Treasurerís Reports received and filed.

City Manager Update on the U.S. Army Corps of Engineering Shoreline Protection Project

At this time, Mayor Lyon asked City Manager Evans to give a report on this project.

City Manager Evans explained the history of the project which begun as landslide abatement and evolved into shoreline habitat protection. He said that at the Council meeting on September 5, 2000, the Army Corps presented a offshore barrier project which was unacceptable because of expense and aesthetics, and that the Council advised the Corps at that time not to proceed unless the City could develop information to allow the Corps to make it less expensive and more aesthetically pleasing. City Manager Evans advised that the Cityís lobbyist in Washington had recently informed him that the U.S. Army Corps of Engineers had requested that $100,000 be allocated for this project in the Federal budget. The lobbyist suggested that the City write letters to Senator Dianne Feinstein and Congresswoman Jane Harman requesting that this money be removed from the budget. He clarified that money was needed for purchase of open space and for cleanup of lead contaminated soil at Point Vicente Interpretative Center but these funds could not be used for these purposes.

Comment Letter on Draft EIR/EIS for the Proposed Master Plan Improvements at Los Angeles International Airport

City Manager Evans presented the staff report of July 17, 2001 and the recommendation to approve the South Bay Cities Council of Governmentsí Comment Letter on the Draft EIR/EIS for the Proposed Master Plan Improvements at Los Angeles International Airport and the attached cover letter and authorize the Mayor to sign the cover letter on behalf of the City Council. He discussed revisions to the cover letter suggested by Attorney Barbara Lichman and provided to the Council after distribution of the agenda packet.

Council discussion centered on the need to include all pertinent issues in the letter to preserve the Cityís legal position, even if it was decided later not to pursue some of the issues. It was suggested that the Council could approve the concept and the letter could be composed by Staff in order to meet the July 25, 2001 submittal deadline.

Donald Jones, 5511 Eau Claire Drive, urged the Council to send the letter and mentioned several of his concerns such as congestion, air pollution, noise, and several incidents in which there were almost collisions between airplanes. He favored development of regional airports rather than expansion of LAX.

Beverly Ackerson, 27129 Spring Creek Road, co-chairman of the Peninsula resident group PANIC, thanked the Council for writing a letter responding to the EIR/EIS which she felt was badly flawed. She said that the Peninsula was not listed as an impacted area even though it was well known that there had been a severe aircraft noise problem for several years.

Lois Larue, 3136 Barkentine Road, asked for a copy of the cover letter which included the revisions suggested by Attorney Lichman.

Council consensus was to have staff work with Mayor Pro Tem McTaggart, one of the Council Liaisons to LAX Expansion/Noise, to make sure that the cover letter including all issues that the City wished to address.

PUBLIC HEARINGS:

Ordinance No. 366 - Code Amendment No. 49

Mayor Lyon opened the public hearing on this request to consider Code Amendment No. 49 and to introduce Ordinance No. 366. City Clerk Purcell announced that notice had been duly published and that written comments were submitted to the Council at the onset of the meeting.

Senior Planner Fox presented the staff report of July 17, 2001 and the recommendation to introduce the proposed ordinance to adopt an Amendment to Chapter 17.46 (Equestrian Overlay (Q) District) of Title 17 of the Municipal Code.

City Attorney Lynch clarified that this proposed ordinance would not legalize activities previously not allowed by code but merely would allow previous legal activities to continue.

Council discussion focused on the complex issues discussed during the years of hearings to establish the code regarding horsekeeping regulations and the recent hearings which led Council to ask for greater discretion in determining the appropriateness of grandfathering the number of horses allowed on certain properties. Further modifications to the proposed ordinance were discussed.

Richard Bara, 1 Peppertree Drive, said that he was a member of the Equestrian Committee but was speaking as a private citizen. He clarified that the date of February 1, 1997 was established retroactively so it would have been impossible for horse owners to know in advance to bring in extra horses that day to increase the number of horses they were allowed to keep on their property. He added that horses are being trucked in and out all the time and on any given day, there may be varying number of horses on a piece of property.

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

Councilman Stern moved, seconded by Mayor Pro Tem McTaggart, to INTRODUCE ORDINANCE NO. 366, AS AMENDED, ADOPTING AN AMENDMENT TO CHAPTER 17.46 (EQUESTRIAN OVERLAY (Q) DISTRICT) OF TITLE 17 OF THE MUNICIPAL CODE.

The motion carried on the following roll call vote:

AYES: Gardiner, McTaggart, Stern, and Mayor Lyon

NOES: None

ABSENT: Ferraro

RECESS & RECONVENE:

At 8:20 P.M., Mayor Lyon declared a recess. The meeting reconvened at 8:30 P.M.

Ordinance No. 367 - Abalone Cove Sewer Maintenance Fee

Mayor Lyon opened the public hearing on this request to introduce Ordinance No. 367 regarding the Abalone Cove Sewer Maintenance Fee. City Clerk Purcell announced that notice had been duly published and that written comments from the public, a revised ordinance, a revised staff report, and a revised engineerís reports were submitted to the Council at the onset of the meeting.

Director Allison presented the staff report of July 17, 2001 and the recommendation to

introduce the proposed ordinance Amending Chapter 13.06 of the Rancho Palos Verdes Municipal Code establishing Sewer Maintenance Fees for the Abalone Cove Sewer System.

The Cityís consultant, Joan Cox, Harris & Associates, described how fees were established according to Proposition 218; the various types of systems installed; the allowance of a fee increase by CIP in the future; corrected information regarding certain properties received since the Council received the agenda packet; the need to verify other information regarding certain properties; the recalculation of beach property fees; and the fact that there no fees for vacant lots. She mentioned that fees for some properties, because of incorrect information, would be much higher than expected by the property owner and that the Council might wish to notify the owner and/or subsidize the higher fee.

Council discussion centered on the Cityís subsidy and possible sunset dates; funding for spare parts replacement for the system; future assessments, separate from this fee; assistance for payment by property owners with financial hardship; and, a restriction against use of recycled "gray water" because of the landslide.

Bob Halderman, 88 Narcissa Drive, discussed the possibility of the pumps failing.

Staff provided information regarding the modular aspect of parts replacement; who is responsible (the City or the homeowner) for blockage in different areas of the system; capacity for storage and backup generator in the event of a power failure; pipes above ground and flexible for accommodate land movement; and, features included in the maintenance contract.

Muriel Titzler, 3 Ginger Root Lane, expressed concerns regarding homeowners on a fixed income or suffering temporary financial hardship and she discussed the additional fees and taxes paid by upon property owners in this part of the City.

Lois Larue, 3136 Barkentine Road, said that she did not live in this part of the City but was asked to read a letter from Kathy Snell, who did. Ms. Snell felt that the park/beach formula to determine fees for those areas was incorrect. (A copy of Ms. Snellís letter is on file with the City Clerkís Office.)

City Attorney Lynch clarified that Ms. Snellís remarks were partly why some changes were made by the consultant.

Daphne Clarke, 10 Peppertree Drive, said that she was not directly affected but she was concerned about elderly homeowners and hoped that fees could be waived or deferred until the sale of their property.

City Attorney Lynch clarified that Proposition 218 required that the Council would have to consider this separately from the establishment of the fees.

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

Mayor Pro Tem McTaggart moved, seconded by Councilman Stern, to ADOPT ORDINANCE NO. 367U AMENDING CHAPTER 13.06 OF THE RANCHO PALOS VERDES MUNICIPAL CODE ESTABLISHING SEWER MAINTENANCE FEES FOR THE ABALONE COVE SEWER SYSTEM.

The motion carried on the following roll call vote:

AYES: Gardiner, McTaggart, Stern, and Mayor Lyon

NOES: None

ABSENT: Ferraro

Mayor Pro Tem McTaggart moved, seconded by Councilmember Gardiner, to INTRODUCE ORDINANCE NO. 368 AMENDING CHAPTER 13.06 OF THE RANCHO PALOS VERDES MUNICIPAL CODE ESTABLISHING SEWER MAINTENANCE FEES FOR THE ABALONE COVE SEWER SYSTEM.

The motion carried on the following roll call vote:

AYES: Gardiner, McTaggart, Stern, and Mayor Lyon

NOES: None

ABSENT: Ferraro

PUBLIC COMMENTS:

Rowland Driskell, 30 Via Capri, spoke in opposition to the proposed use the York Long Point Projectís proposed use of golf at Upper Point Vicente; suggested some enhancements to beautify the site; and, felt that the farmerís lease should not be renewed so that the farmed section could accommodate other uses. He also questioned the value of the proposed nine-hole golf course and described negative comments he received when he phoned other golf courses to determine the demand for this smaller course.

Don Shults, 2129 Velez Drive, President of Rolling Hills Riviera Homeowners Association, discussed the Ad Hoc Committee to Study City Border Issues established by the Council; provided details on some of the projects; and, requested that the committee give regular reports.

Council consensus was to possibly provide regular reports from this ad hoc committee at Council meetings, maybe near the beginning of the meeting, and to agendize this matter for further discussion at a future meeting.

REGULAR BUSINESS:

Guidelines for Residential Undergrounding Districts

Director Allison presented the staff report of July 17, 2001 and the recommendation to

adopt the proposed guidelines to establish a Residential Underground Program and he presented a computer generated visual presentation to illustrate the procedure.

Mayor Pro Tem McTaggart left the dais at 9:40 P.M. and returned 9:42 P.M.

Scott Gobble, Southern California Edison, offered the following information: the estimated length of time for bonds to sell; the option of having Edison design the project and then either build it or have someone else build it; the lines become the property of Edison after they installed; maintenance for underground lines differs from overhead; and, the minimum and usual number of homes included in a district.

Council discussion focused on the need for cost deferral for residents for whom the assessment would be a hardship and the consensus was to address this issue after the fees have been established for a successful district.

Councilman Stern moved, seconded by Mayor Pro Tem McTaggart, to adopt the proposed guidelines to establish a Residential Underground Program.

The motion carried with Councilmember Gardiner dissenting.

City Attorney Lynch suggested that the guidelines be submitted in resolution form for Council.

ORAL CITY COUNCIL REPORTS:

Mayor Pro Tem McTaggart reported on the LAX Round Table meeting he attended on July 11.

Councilmember Gardiner expressed appreciation to those who had helped with his transition as City Councilmember completing the term of Councilman Byrd.

Mayor Lyon thanked the Recreation and Parks Department for another very successful and enjoyable Independence Day celebration.

ADJOURNMENT: Adjourned at 10:20 P.M. on motion of Mayor Lyon.

 

 

____________________
MAYOR

ATTEST:

______________________
CITY CLERK

 

 

 

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