CC MINS 20090505 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MAY 5, 2009
The meeting was called to order at 7:06 P.M. by Mayor Pro Tern Wolowicz at Fred
Hesse Community Park, 29301 Hawthorne Boulevard.
City Council roll call was answered as follows:
PRESENT: Long, Stern and Mayor Pro Tern Wolowicz
ABSENT: Clark (excused) and Gardiner (excused)
Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager;
Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information Technology
(IT); Joel Rojas, Director of Planning, Building, and Code Enforcement; Jim Bell,
Director of Public Works; Eduardo Schonborn, Senior Planner; Leza Mikhail, Associate
Planner; Gary Gyves, Senior Administrative Analyst; Lauren Ramezani, Senior
Administrative Analyst; and, Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Jarel Wheaton.
MAYOR'S ANNOUNCEMENTS:
Mayor Pro Tern Wolowicz provided the following announcements: 1) Building and
Safety Week from May 4, 2009 to May 8, 2009; 2) Household Hazardous Waste and
Electronics/Computer Waste Round-Up on Saturday, May 9, 2009; and, 3) Free Bulk
Green Waste Collections scheduled for the month of May.
RECYCLE DRAWING:
Mayor Pro Tern Wolowicz announced Recyclers of the Month from the April 7, 2009 City
Council meeting: Jay Scharp and Gary Randall. He indicated that all winners receive a
check for $250 representing a year of free refuse service and urged everyone to
participate in the City's recycling program.
APPROVAL OF AGENDA:
Councilman Stern moved, seconded by Councilman Long, to approve the Agenda.
Without objection, Mayor Pro Tern Wolowicz so ordered.
PUBLIC COMMENTS:
City Council Minutes
May 5, 2009
Page 1 of 10
Michael O'Sullivan, Rancho Palos Verdes, expressed concern with errors in the City's
record regarding a deck on his neighbor's property and asked how to correct the
information.
Mayor Pro Tern Wolowicz indicated that staff would follow up with Mr. O'Sullivan.
CITY MANAGER REPORT:
None.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale indicated that late correspondence had been distributed prior to the
meeting on Item 6.
Deputy City Manager Petru requested that Item 6 be continued to May 19, 2009.
Councilmember Long moved, seconded by Councilman Stern, to approve the Consent
Calendar, as amended, with Item 6 continued to May 19, 2009.
The motion passed on the following roll call vote:
AYES: Long, Stern, and Mayor Pro Tern Wolowicz
NOES: None
ABSENT: Clark and Gardiner
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 Council Members after
the reading of the title.
Approval of the Minutes (301)
Approved the Minutes of the March 3, 2009 Regular Meeting; March 17, 2009 Regular
Meeting; and, the March 21, 2009 Adjourned Regular Meeting (Budget Workshop).
Border Issues Status Report (310)
Received and filed the current report on the status of border issues.
Contract for Citywide Fuel Modification — FY08-09 (1204)
Awarded a sole-source, negotiated contract with Ranchito Tivo Boer Goats in the
amount of$116,000 and authorized the expenditure of up to $17,400 as a project
City Council Minutes
May 5, 2009
Page 2 of 10
contingency (15%), for a total of$133,400 to perform brush clearance for approximately
half of the areas designated by the Los Angeles County Fire Department.
FYO9-10 Advisory Board Work Plans and Purpose and Scope of Responsibilities
and Process of the Oversight Committee (106 X 602 X 401 X 1502)
1) Approved the FY09-10 Work Plans for the Emergency Preparedness Committee,
Finance Advisory Committee, and Traffic Safety Commission; and, 2) ADOPTED
RESOLUTION NO. 2009-25, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, TO ESTABLISH THE PURPOSE AND SCOPE OF
RESPONSIBILITIES AND PROCESS OF THE OVERSIGHT COMMITTEE FOR THE
WATER QUALITY AND FLOOD PROTECTION PROGRAM.
Extension to Lease Agreement with Verizon Wireless Associated with the
Monopole at City Hall (1601 X 1109)
Continued to the May 19, 2009 City Council meeting.
January 2009 Monthly Report of Cash Balances (602)
Received and filed the January 2009 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
February 2009 Monthly Report of Cash Balances (602)
Received and filed the February 2009 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Register of Demands
ADOPTED RESOLUTION NO. 2009-26, 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.
# # # # # #
PUBLIC HEARINGS:
Zone Text Amendment to the Commercial Limited (CL) Zoning District (Case No.
ZON2009-00034) [Continued from March 17, 2009] (1801)
City Clerk Morreale reported that the public hearing was continued from March 17,
2009, late correspondence was distributed prior to the meeting, and there was one
request to speak on the item.
Council discussion ensued regarding staff's recommendation to continue both of the
public hearings on the agenda.
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May 5, 2009
Page 3 of 10
Jim Herrera, Rancho Palos Verdes, stated that he was concerned with the proposed
zone text amendment and possible requirements for Conditional Use Permits to the
Commercial Limited Zoning District. He opined that a CUP overlay would cost him time
and money in filling vacant office space in Miraleste Plaza.
Councilman Long clarified the proposed changes and Mr. Herrera indicated that he did
not want to see any changes to the CL Zoning District.
Councilman Long moved, seconded by Councilman Stern, to continue the public
hearing to the June 16, 2009 City Council meeting, when it is anticipated that there will
be four Council Members present, to consider the Planning Commission's
recommendation on the proposed Code Amendment.
Without objection, Mayor Pro Tem Wolowicz so ordered.
Appeal of the Planning Commission's Denial of Case No. ZON2008-00091 for a
General Plan Amendment and Zone Change for Property Located at 28103
Hawthorne Boulevard (Valero Gas Station Site) [Continued from April 21, 2009]
(701)
Steve Kuykendall, Rancho Palos Verdes, stated that he was available to answer any
questions that the Council might have.
Councilman Long moved, seconded by Councilman Stern, and to continue the public
hearing to the June 16, 2009 City Council meeting, when it is anticipated that there will
be four Council Members present, to consider the General Plan Amendment and Zone
Change appeal.
Without objection, Mayor Pro Tem Wolowicz so ordered.
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
The City's Peafowl Population (104)
City Clerk Morreale reported that late correspondence had been distributed prior to the
meeting and there were nine requests to speak on the item.
Senior Administrative Analyst Gyves provided a brief staff report and PowerPoint
presentation on the item. He clarified that it was presently a violation of the City's
Municipal Code to feed ground squirrels, coyotes, raccoons, fox, and opossum, but not
peafowl.
Council and staff discussion focused on the following topics: reasons for increases in
peafowl population in some areas of the City while others flock numbers remain stable;
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May 5, 2009
Page 4 of 10
trapping methods for peafowl and the associated costs; costs associated with an on-
going trapping program; past efforts and interference with peafowl trapping; a
suggestion to create an ordinance to make it a misdemeanor to damage or interfere
with the trapping of the peafowl for relocation; the creation of a Benefit Assessment
District (BAD) by the neighborhoods to cover the costs of a trapping/relocation program
in specific areas in the City; a suggestion to change the ordinance so that it is illegal to
feed peafowl; and, the use of outside contractors to trap the peafowl.
Edward Hummel, Rancho Palos Verdes, stated that he was concerned with the noise
level of the peafowl, which regularly disturbs his and his wife's sleep.
Joann Hummel, Rancho Palos Verdes, recounted her efforts to address the noise and
increasing population of the peafowl for the past 8 years and urged the Council to taken
action regarding the peafowl issue.
James Blum, Rancho Palos Verdes, stated that the peafowl population has increased
over the years and that a BAD was a good short-term solution for his particular
neighborhood, but he believed the peafowl population was growing too large throughout
the Peninsula.
Linda DiNoto, Rancho Palos Verdes, stated that she favored an ongoing trapping
program of the peafowl to control the size of the flocks and an ordinance prohibiting the
feeding of peafowl.
Ken DiNoto, Rancho Palos Verdes, stated that peafowl are beautiful birds, but noted
problems with noise, fecal matter, and damage to their landscaping as a result of the
peafowl.
John MacAllister, Rancho Palos Verdes, Palos Verdes Monaco Homeowners
Association, reported on the number of birds in his neighborhood; urged the City to take
action to reduce the peafowl population by half and work to maintain a population with
zero growth; and, offered volunteer labor and assistance from the Monaco Homeowners
Association Board of Directors in the process.
Ann Stone, Rancho Palos Verdes, noted that there were three problems concerning the
peafowl issue. She cited them as the following: 1) the cities on the Peninsula do not
work together on a program to address the peafowl problem; 2) there are an
overabundance of pine trees in the City, which are where the peafowl like to roost; and,
3) a prior program to use resident participation to set up the traps for the peafowl was
not successful.
Paul Brown, Rancho Palos Verdes, stated that the peafowl population has grown and
become a nuisance. He noted problems with their destruction of landscaping and
gardens; yards littered with feces; and, peafowl roosting daily on their roof, causing roof
damage, which necessitated replacement of the roof. He reported that his neighbor
feeds the birds peanuts several times a day for several years, which has created issues
for the neighborhood, including property damage, traffic problems, and scavenging of
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May 5, 2009
Page 5 of 10
the food by rodents throughout the neighborhood. He asked that the Council consider
strict fines that could be imposed upon those who feed the peafowl and other animals.
Council received clarification from the City Attorney that the Council has the authority to
direct that staff create an ordinance to criminalize the feeding of peafowl and the
sabotaging of the traps.
Jana Miller, Rancho Palos Verdes, stated that the peafowl have become a nuisance
and are creating traffic safety issues with peafowl darting out into the streets. She
inquired who was responsible for the birds and the damage they cause. She requested
that the number of peafowl be controlled; noted that the cost of trapping the animals
was minimal compared to the costs due to damages; and, she asked that her
neighborhood not be excluded from a City program just because the increase in bird
population in that area is not as large as it has been in other areas.
Jacqueline Wolff, Rancho Palos Verdes, stated that she likes the peafowl and
commented on neighborhood noise from barking dogs and loud neighbors. She
commented that the Peninsula has changed and is not as cohesive of a community as
in the past. She reported instances of people harming the birds and noted that people
are more destructive than the peafowl. She stated that the number of peafowl being
reported was inflated.
William Wolff, Rancho Palos Verdes, stated that he feeds the birds and peafowl and
supports conservancy. He stated that it might be a good idea to reduce the peafowl
population to a reasonable level, but was not in favor of eliminating them completely.
Dick Meng, Rancho Palos Verdes, stated that he has trapped over eight peafowl over
the years and provided the name of a local resident who has relocated them to a ranch
north of the City. He cited the peafowl as being a traffic safety hazard on the roads and
reported on a birth control program that is being used to control the pigeon, peafowl,
and Canadian geese population in other regions.
Scott Burack, Rancho Palos Verdes, suggested the consideration of a humane way to
tranquilize and relocate the peafowl.
Senior Administrative Analyst Gyves explained that due to the way the peafowl process
the tranquilizer medication, the tranquilizer could potentially kill them.
Chuck Schiada, Rancho Palos Verdes, reported on the peafowl in the Stone Gate
neighborhood, cited issues with noise and shared his experiences with trapping the
peafowl.
Council and staff discussion ensued regarding the following topics: different methods to
reduce the population; whether the birds were protected; clarification regarding hunting
and discharging firearms in the City; tranquilizing the birds; costs associated with
controlling the peafowl population; the creation of an ordinance that criminalizes feeding
of peafowl and interference with trapping of peafowl; the impact of the birds on residents
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May 5, 2009
Page 6 of 10
and property values; establishing an Assessment District to address the peafowl
problem; and, the problems associated with the use of projectile nets.
Councilman Long moved, seconded by Councilman Stern, to create an ordinance to
prohibit the feeding of the birds and interference with efforts to humanely trap and
relocate peafowl, and to direct staff to return with additional options for a cost effective
program to reduce the peafowl population.
Additional discussion between Council and staff ensued regarding language in the
ordinance and the cost of programs to be considered.
Councilman Long moved, seconded by Councilman Stern, to direct staff to return with:
1) an ordinance to prohibit the feeding of and interference with efforts to humanely trap
and relocate peafowl; and, 2) a report on methods for consideration to begin a program
to reduce the peafowl population in a more cost effective manner, with an annual
program to maintain the population.
The motion passed on the following roll call vote:
AYES: Long, Stern, and Mayor Pro Tem Wolowicz
NOES: None
ABSENT: Clark and Gardiner
RECESS AND RECONVENE:
Mayor Pro Tem Wolowicz called a brief recess from 8:55 P.M. to 9:05 P.M.
Councilman Long moved, seconded by Mayor Pro Tern Wolowicz, to bring Item 16
(Consider Council Position on Measure V— Palos Verdes Peninsula Unified School
District Parcel Tax) forward on the agenda since there is one request to speak on the
item.
Without objection, Mayor Pro Tern Wolowicz so ordered.
Consider Council Position on Measure V— Palos Verdes Peninsula Unified School
District Parcel Tax (1401)
Councilman Long presented his reasons for requesting that this item be placed on the
agenda for the consideration of Council support.
Donna Coogan-Segal, Representative from Preserve Palos Verdes Schools—Yes on
Measure V Campaign, Rancho Palos Verdes, provided background information on
Measure V and requested the Council's support for the measure which will be
presented to the voters in June 2009.
Council Members expressed support for Measure V.
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May 5, 2009
Page 7 of 10
Councilman Stern moved, seconded by Councilman Long, to 1) Review the materials
provided on the Campaign for Peninsula Schools - Yes on Measure V and endorse the
supplemental parcel tax which will be put forth to the voters within the boundaries of the
Palos Verdes Peninsula Unified School District via a mail ballot election; and, 2) ADOPT
RESOLUTION NO. 2009-27, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, ENDORSING MEASURE V - THE PARCEL TAX
MEASURE FOR THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT
ELECTION ON JUNE 23, 2009.
The motion passed on the following roll call vote:
AYES: Long, Stern, and Mayor Pro Tern Wolowicz
NOES: None
ABSENT: Clark and Gardiner
Code Amendment Initiation Request (Case No. ZON2009-00141); Applicant: City
of Rancho Palos Verdes; Property Address: Citywide (1804)
Associate Planner Mikhail provided a summary staff report on the item.
Discussion between Council and staff included the following topics: clarification that the
City's Municipal Code does not allow windmills in residential neighborhoods; the City's
encouragement of green building construction; the use of alternate energy sources
whenever feasible; possible conflicts between State and local ordinances; the proposed
legislation to allow alternative energy sources on parcels of one acre or larger in size;
and, clarification that the item before Council was regarding a policy decision and not
related to the specific code enforcement case that gave rise to the discussion.
Darryl Ault, Lomita, spoke on behalf of a resident who installed a wind turbine on his
property without obtaining a permit, and provided information regarding the specific
code enforcement case.
Scott Gobble, Southern California Edison (SCE), stated that SCE works with residential
and commercial property owners regarding the installation of solar panels and wind
turbines. He explained the policies of Southern California Edison and the necessary
requirements and process to be followed for the use of green technology.
Further discussion between the Council and staff included the following issues: the
requirement for SCE to receive clearance from a government agency prior to
connection to the SCE grid; difficulties related to alternate energy sources and conflicts
with views, which are important in the City; clarification that there have been no other
requests regarding wind turbines; the reconciliation of City ordinances and State
policies; and, staff time required to address the issue.
Councilman Long moved, seconded by Councilman Stern, to direct staff to monitor the
pending State legislation as it develops and provide a status update report to the
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May 5, 2009
Page 8 of 10
Council in the Weekly Report, with the item to be placed on an agenda when
appropriate.
Without objection, Mayor Pro Tern Wolowicz so ordered.
Authorize Release of the Residential Solid Waste and Recycling Request for
Proposals (RFP) for Service Area 1 (1301)
Senior Administrative Analyst Ramezani introduced the item and the City's consultant,
Laith Ezzet.
Laith Ezzet, Senior Vice President, HF&H Consultants, LLC (City's consultant), provided
a summary staff report and PowerPoint presentation regarding the item.
Discussion between the Council and consultant included the following issues:
clarification regarding monthly fees for additional carts; the allowance for unlimited
number of tied bundles of green waste; lawn clippings and brush clearance; size of
refuse, recycling, and green containers; default size for recycling containers; provisions
for extra, free pickups and additional pickups for a nominal fee; the use of the
homeowners' current containers for overflow special pickups; recycling old refuse
containers; rate adjustment methodology; disposal caps and diversion requirements;
provisions in the agreement to protect the City against non-collection or termination of
service; emergency provisions and use of additional remedies; the preparation of a
good RFP for the industry and the attempt to meet the expectations of the community
regarding level of service; and, the division of service areas due to the unique nature of
the Portuguese Bend area.
Councilman Stern moved, seconded by Councilman Long, to authorize staff to finalize
the RFP and draft agreement as recommended and begin circulation for competitive
proposals for Service Area 1.
The motion passed on the following roll call vote:
AYES: Long, Stern, and Mayor Pro Tern Wolowicz
NOES: None
ABSENT: Clark and Gardiner
Approve Negotiated Agreement and Rates for Residential Solid Waste and
Recycling Services with Universal Waste Systems, Inc. for Service Area 2 (1301)
City Clerk Morreale reported that late correspondence had been distributed on the item.
Senior Administrative Analyst Ramezani introduced the item.
Mr. Ezzet provided a brief staff report regarding the item.
City Council Minutes
May 5, 2009
Page 9 of 10
Councilman Stern noted that the City has received a few comments regarding the issue
of the comingling of green waste, recycling materials, and trash.
Councilman Stern moved, seconded by Councilman Long, to approve the negotiated
agreement and rates for residential solid waste and recycling services with Universal
Waste Services, Inc. for Service Area 2.
The motion passed on the following roll call vote:
AYES: Long, Stern, and Mayor Pro Tern Wolowicz
NOES: None
ABSENT: Clark and Gardiner
CITY COUNCIL ORAL REPORTS:
Councilman Stern reported that he conversed with staff regarding the Residential Solid
Waste issues.
Mayor Pro Tem Wolowicz reported on his participation in the following events: the Los
Angeles Planning Commission meeting regarding Ponte Vista on April 9, 2009; a
meeting with Bob Lowe on April 17, 2009; the California Contract Cities Director's
meeting on April 22, 2009; the Palos Verdes Peninsula Transit Authority quarterly
meeting on April 23, 2009; a conference call with regarding the Terranea Resort
Transient Occupancy Tax (TOT) issue on April 30, 2009; and, a meeting with Steve
Kuykendall, who represents the owners of the Valero Gas Station property and the
principals of the Marymount College Expansion Project on May 1, 2009, in which both
projects were discussed.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
None.
ADJOURNMENT:
At 10:37 P.M., Mayor Pro Tern Wolowicz adjourned the meeting to Thursday, May 7,
2009 at 7:00 P.M. at Hesse Park for the Budget Review Session.
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W:\City Council Minutes\2009\20090505 CC MINS.doc
City Council Minutes
May 5, 2009
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