CC MINS 20020416MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
APRIL 16, 2002
The meeting was called to order at 6:00 P.M. by Mayor McTaggart at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, notice having been given with affidavit
thereto on file, and was immediately recessed to a closed session per the Brown Act
Checklist. At 7:05 P.M. the meeting reconvened.
After the Pledge of Allegiance, roll call was answered as follows:
PRESENT: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart
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; Finance Director Dennis McLean; Senior Planner Kit
Fox; City Clerk/Administrative Services Director Jo Purcell; and, Deputy City
Clerk/Recording Secretary Jackie Drasco.
CEREMONIAL MATTERS:
Mayor McTaggart presented a proclamation to Shirley Borks, who was named Woman of
the Year for the 54th District. Mayor pro tem Stern praised Ms. Borks for her service on the
Palos Verdes Peninsula Land Conservancy Board of Directors.
RECYCLE DRAWING:
Mayor McTaggart announced that recycling winners A.F. Rubino and John Doll would each
receive a check for $250 and another card was drawn. He mentioned an Electronic
Recycling Roundup on April 20 and a Hazardous Household Waste Roundup on May 4,
both to be held at Rancho Palos Verdes City Hall. The Mayor also announced that
Neighborhood Beautification Grant applications had been mailed to homeowners
associations, schools, libraries, and condominium complexes and that the deadline for
returning these applications was June 30.
APPROVAL OF AGENDA:
City Clerk Purcell announced that the Water Basin District had requested that their grant
application item be removed from the agenda because of a change in the grant application
process.
Councilman Clark asked that Oral City Council Reports be given before the public hearing,
as it was a disservice to the public to hear these reports very late in the evening.
Councilwoman Ferraro moved, seconded by Councilman Clark, to adopt the agenda as
amended. Motion carried.
APPROVAL OF CONSENT CALENDAR:
Lois Larue, 3136 Barkentine Road, said that she had heard comments from residents
opposing the signal to be installed at the intersection of Hawthorne Boulevard and Vallon
Drive.
Mayor pro tem Stern moved, seconded by Councilwoman Ferraro to adopt the Consent
Calendar as follows:
Minutes of Regular Meeting of February 19 and Adjourned Regular Meeting of April
21 2002 (301)
Approved the minutes.
Claim Against the City by Marshall Tuck (301 x 303)
Rejected the claim and directed the City Clerk to notify the claimant.
Signal Project at Hawthorne Boulevard and Vallon Drive (1204 x 1503)
Directed staff to move forward with the design of a traditional traffic signal at the
intersection of Hawthorne Boulevard and Vallon Drive.
Fiscal Year 2001 -2002 Overlay and Slurry Seal Program (1204 x 1503)
(1) Awarded a contract for the construction of the Fiscal Year 2001 -02 Residential Street
Overlay and Slurry Seal to Excel Paving Company for the contract bid amount of
$1,464,222.50, and authorize staff to spend up to an additional $135,777.50 for possible
extra work or unforeseen conditions, for a total authorization of $1,600,000. (2) Authorized
the Mayor and the City Clerk to execute a contract with Excel Paving Company. (3)
Awarded a contract to SA Associates for the Contract Management and Inspection services
in an amount not to exceed $ 607000. (4) Authorized the Mayor and the City Clerk to
execute a contract with SA Associates.
Resol. No. 2002 -25 - Acceptance Of Easements For The San Ramon Project (1101 x
604)
ADOPTED RESOLUTION 2002 -25, AUTHORIZING THE CITY MANAGER, ASSISTANT
CITY MANAGER, DIRECTOR OF PUBLIC WORKS AND CITY ATTORNEY TO EXECUTE
EASEMENTS AND RESTRICTED USE COVENANTS ASSOCIATED WITH THE SAN
RAMON DRAINAGE AND LANDSLIDE ABATEMENT PROJECT.
Resol. No. 2002 -26 - Register of Demands (602)
City Council Minutes
April 16, 2002
Page 2
ADOPT RESOLUTION NO. 2002 -267 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: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart
NOES: None
# # # # # # # # # # # #
ORAL CITY COUNCIL REPORTS:
Councilman Clark reported on a League of California Cities meeting the previous Thursday
at which 54 cities were represented and at which a new representative for the Air Quality
Management District was selected. He explained that 52 cities voted for the Mayor of
Santa Monica, two cities voted for the Los Angeles City representative, but the L.A. City
representative won because the vote is based on population. He said that there was an
outcry to Sacramento to amend the statute to change this procedure and that he thought
Rancho Palos Verdes should support the amendment. He described a Long Point
subcommittee meeting he attended with Mayor pro tem Stern at which Bob and Rob Lowe
and Mike Mohler summarized the plan they intend to present to the Council on May 7.
Mayor pro tern Stern reported on a dinner the previous Thursday with Assemblymember
Alan Lowenthal and Senator Betty Karnette at which funding for acquisition for open space
was discussed. He also discussed an Ocean Trails meeting that morning at which there
was a presentation of a plan put together by the bank to rebuild Palos Verdes Drive South,
with work expected to begin on June 1.
Mayor McTaggart, as a member of the SCAG Housing Committee, reported that SCAG
prevailed in the lawsuit regarding the RHNA process. He said that the suit against the
State Housing Authority had not yet been ruled upon.
Councilman Gardiner said that he and Councilman Clark had met with other members of
the Neighborhood Compatibility subcommittee and felt that there was good participation by
the community and that excellent progress was being made.
Councilman Clark added that the Neighborhood Compatibility subcommittee consisted of
two Councilmembers and two Planning Commissioners and that input from homeowners
associations representing residents showed good community involvement and that work
done by other cities had been helpful as well.
PUBLIC HEARINGS:
Resol. No. 2002 -27 - Appeal of Conditional Use Permit No. 230 and Environmental
Assessment No. 744 (Appellant: James Kay, 26708 Indian Peak Road) (1203 x 1801)
City Council Minutes
April 16, 2002
Page 3
Senior Planner Fox presented the staff report of April 16 and the recommendation to adopt
the proposed resolution modifying certain conditions denying the appeal and conditionally
approving Conditional Use Permit No. 230. He provided a PowerPoint presentation and
discussed Conditions 18 and 20.
Chuck Michel, attorney representing Mr. Kay, 407 North Harbor Boulevard, San Pedro, CA
90731, said that he was present to answer questions.
Mayor pro tem Stern asked Mr. Michel about the Getty Trust license for Mr. Kay's site.
Mr. Michel said that there was never any Getty license issued, but only submission of an
application. He said that Mr. Kay gave the Getty Trust permission to list his site but after
eight months, the possibility of this license being issued was eliminated.
Mayor pro tem Stern emphasized that Mr. Kay had suggested, if not clearly stated, that the
matter of the Getty license was without his knowledge or permission.
Mr. Michel said that Mr. Kay said that the Getty Trust never received a license with his
permission because they never received a license. Mr. Kay had forgotten that his site was
one which was listed on the Getty application.
Mayor pro tem Stern stated that a misleading impression was given which raised concerns
of Mr. Kay's candor.
Mr. Michel said that staff said Mr. Kay had a commercial license and he has none and that
he had two amateur licenses to transmit from the interior of the house.
Mayor pro tem Stern noted that Mr. Kay considered one of the Planning Commission's
conditions for the Conditional Use Permit an invasion of his property and he wondered
which condition he objected to.
Mr. Michel said that Mr. Kay objected to the requirement that antennas be placed in the
master bedroom which made the second floor of the house unusable for other purposes.
Mayor pro tem Stern said that it was Mr. Kay's decision to transmit commercially from his
site and he is asking permission to do this.
Councilman Gardiner asked if understanding of the materials delivered to the Council right
before the meeting was essential before voting on this item.
Mr. Michel said that a thorough review of these materials was not necessary if the Council
believes that Mr. Kay is telling the truth when he says that he has no licenses in his name
for commercial broadcasting.
Councilman Gardiner asked for a yes or no answer.
Mr. Michel said that the answer was no if the Council disregarded what staff said.
City Council Minutes
April 16, 2002
Page 4
Councilwoman Ferraro clarified that if the Council found what staff was saying to be
credible, a thorough review of the documents was unnecessary.
Mr. Michel replied that Mr. Kay was in no rush.
Mayor pro tem Stern felt no information should be ignored and he made reference to the
judge's decision in the recent FCC action against Mr. Kay.
Mr. Michel said that the judge said that the FCC's actions toward Mr. Kay were egregious.
Councilman Gardiner said that the thick stack of documents provided right before the
meeting should not have been provided to the Council if they were not important to make a
decision.
Mr. Michel said that the documents were the quickest possible response to the staff report
which they had received on Friday.
Mayor pro tem Stern said that he would like to give Mr. Kay the benefit of reading these
documents.
Mr. Michel apologized and said that he and the City Attorney were trying to anticipate
information in the staff reports to avoid last minute submissions.
Councilman Gardiner suggested that the matter be continued to allow the Council time to
study the material submitted.
City Attorney Lynch said that she felt the documents don't bear directly on this matter and if
the Council chose to move forward, there was a handout from Senior Planner Fox
regarding fire sprinklers which was relevant.
Councilman Gardiner clarified that the late submission of documents provided information
about Mr. Kay's character.
Mr. Michel said that if Mr. Kay's character is an issue, then the documents were important.
Councilman Gardiner asked how many hearings had been held thus far.
City Attorney Lynch said that there had been three or four.
Mr. Michel said that the matter would probably go to court.
Councilman Clark felt that the material he read the evening before was not at the center of
the issue.
Mayor pro tem Stern agreed and asked Mr. Michel if the four licenses for this site issued to
Greene's Redi -Mix Concrete were covered by the Telecommunications Act of 1996.
City Council Minutes
April 16, 2002
Page 5
Mr. Michel said he was not sure because they were not Mr. Kay's licenses and they were
not there any longer and that there was no commercial transmission from this site.
City Attorney Lynch said that Dr. Richter believed that commercial transmission ceased
because of the injunction.
Mayor pro tem Stern asked if there was data regarding health impacts to people living on
the first floor of the house with antennas on the second floor compared with the impact of
antennas on the roof to people living on the second floor.
Mr. Michel said that the FCC did not address this issue and he had no specific data but it
was his understanding that RF waves spread out horizontally but did not go up or down and
would bounce off walls but less off windows. He felt that there was some protection to a
person on the first floor when antennas were on the second floor. He said that the FCC
requested that antennas be installed at the maximum height allowed and that Mr. Kay could
have installed a tower on the roof but he had to build within a certain time frame of the
issuance of the license or he would have had to reply.
Mayor McTaggart asked if Mr. Kay had ever a measurement with a non - ionizing signal, as
there is an EPA standard for radiation.
Mr. Michel said he was not aware of any measurement and thought perhaps the FCC
adopted the EPA standards. He suggested that Dr. Richter could be consulted.
Mayor pro tern Stern said that Dr. Richter would not know the conditions within the house.
Mr. Michel said that Dr. Richter could come into the house but Mr. Kay wanted to avoid a
decision based on irrelevant information.
Mayor pro tern Stern said that he was prepared to make a decision based on merit and
even though he had concern about Mr. Kay's candor, it would not affect his decision.
Larry Helfman, 26716 Indian Peak Road, felt it was important to produce evidence
guaranteeing the safety of the neighbors. He said that an unoccupied house filled with
antennas should be considered a vacant antenna facility, a commercial operation, and
asked the Council if Mr. Kay would be required to live in the house as he stated in his
declaration. He concluded by stating that the FCC ruling was relevant and if a judge felt
the antennas were not being used appropriately, the Council should not approve the
installation.
City Attorney Lynch clarified that the decision can be appealed to the courts and he could
use his frequency throughout the appeal period and that the FCC decision was not in
effect.
Mayor McTaggart said that there had been some confusion about the frequencies being
used.
City Council Minutes
April 16, 2002
Page 6
City Attorney Lynch said that based on information from Mr. Michel and from a review of
the FCC data base, the two frequencies licensed by Mr. Storlie and Greene Redi -Mix
Concrete were not being used by Mr. Kay but by those entities.
Mayor pro tem Stern said that a suggestion was made at a previous meeting that all
antennas brought inside the home and allow Mr. Kay to broadcast commercially from the
interior of the house but Mayor pro tem Stern was concerned about potential negative
health impacts. He thought it made more sense to allow the two exterior antennas that the
Planning Commission recommended and grant Mr. Kay the Conditional Use Permit with the
conditions suggested.
Councilman Clark agreed and emphasized that if the CUP is granted it is Mr. Kay's
discretion how he uses the two antennas on the roof, either commercial or amateur but that
one of the conditions is that someone must live in the house.
Councilwoman Ferraro addressed the issue of requiring a fire suppression system instead
of a fire sprinkler system.
Mayor pro tem Stern said that this was a better approach because of the electronic
equipment present.
City Attorney Lynch suggested that the appropriate fire suppression system be installed as
determined by the director.
Councilman Clark clarified that the antenna blight would be eliminated by requiring that all
antennas on the roof ridgeline except two be removed.
City Attorney Lynch noted that television antennas would be allowed as well.
Councilman Gardiner raised the issue of the requirement to have the house inhabited.
Councilman Clark said this is a residence in a residential zone and the property owner has
asked for a commercial application. Mr. Kay would be in compliance with the code at the
present time if he were broadcasting as an amateur but his request for commercial
broadcasting requires a CUP and a requirement for that permit must be that someone must
reside in the home.
Council Gardiner said that he thought the City was in a dilemma because there are two
federal regulations that fundamentally put us between a rock and a hard place. One says
we have to be friendly to amateur radio operators and I believe we should be friends to
amateurs. The other regulation says we can regulate commercial facilities. What we have
here are people who are going into neighborhoods that are residential, putting up antennas
and saying they are amateur operators and as soon as they get the antennas stuck up in
the air, they all of a sudden, to and behold, want to put commercial frequencies on it and
we have antenna farms popping up all over the City. The question is what to do about it
because we want to support the legitimate amateur operators. They are wonderful people.
They donate their time in emergencies. They do absolutely wonderful things. I support
them. I do not support people who put antennas up under the amateur regulations, which
City Council Minutes
April 16, 2002
Page 7
are less stringent, and then say to and behold the antennas don't care, I want to stick a
bunch of commercial frequencies up and turn neighborhoods into commercial areas. I
don't like that at all.
Councilman Gardiner continued and said that he would favor us taking a position that says
if you are an amateur operator, we support you. You may put up what you are entitled to
put up. If you are going to be a commercial operator - you put one commercial frequency
up - you are not an amateur any more; you are a commercial facility now. We don't like
your blighting of our neighborhoods with antennas and commercial antenna facility
transmitting sites. We will create an RPV antenna farm; go and stick your antennas there.
I believe that is the position we should stake out and follow and fight it all the way through
the courts and force the Feds to sort it out. This is the right way of doing it.
Mayor pro tem Stern agreed that due to restraints, this was the best decision.
Councilman Clark agreed also and said that he was opposed to homes in residential
communities being converted into commercial businesses under the guise of something
else. He felt it was proper to allow a CUP with reasonable conditions.
Mayor McTaggart suggested that conditions be discussed.
City Attorney Lynch said that Condition No. 20 would be changed to indicate a requirement
for a fire suppression system and she clarified that Condition No. 17 indicates that Mr. Kay
must comply with FCC regulations and that Condition No. 19 states that Mr. Kay must live
in the house.
Mayor McTaggart closed the public hearing.
Mayor pro tem Stern moved, seconded by Councilwoman Ferraro, to ADOPT
RESOLUTION NO. 2002 -271 AS AMENDED, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES MODIFYING CERTAIN CONDITIONS
DENYING THE APPEAL AND CONDITIONALLY APPROVING CONDITIONAL USE
PERMIT NO. 230. The motion carried 4 -1, with Councilman Gardiner dissenting.
RECESS:
At 8:20 P.M., Mayor McTaggart declared a recess.
INTERVIEW OF APPLICANTS FOR THE EMERGENCY PREPAREDNESSS
COMMITTEE
Interviewed Jack Karp and Don Norton, applicants for the Emergency Preparedness
Committee,
RECONVENE:
The meeting reconvened at 8:39 P.M.
PUBLIC COMMENTS:
City Council Minutes
April 16, 2002
Page 8
Dr. Ron Melendez, 44 Paseo de Castana, representing Rancho Palos Verdes Estates
Homeowners Association raised the issue of sidewalks being placed in the Rancho Palos
Verdes Estates area. He said that the residents had been working with the Public Work
Department for the last couple of years but there seemed to be little progress.
Mayor McTaggart said that the road might need to be modified to make room for sidewalks
and he asked City Manager Evans to look into this situation and report to the Council.
Joseph Murat, #18 Avenida de Camelia, Rancho Palos Verdes Estates Homeowners
Association Board Member, also spoke about sidewalks also, on Crest Road. He stressed
that the sidewalks would be a benefit not only for members of his association but also for
the general public who would use the sidewalks for exercising, walking, etc. He felt that the
current conditions were dangerous and posed a liability for the City because people were
forced to walk in the narrow street.
Mayor McTaggart said that the City should consider doing something to improve conditions.
Lois Larue, 3136 Barkentine Road, objected to Shirley Borks being honored and
congratulated the president of the Rancho Palos Verdes Council of Homeowners
Association on the birth of his son,
REGULAR BUSINESS:
Review of Large Domestic Animal Nonconformity Statement No. 19 (Downhill, 20
Vanderlip Drive) (1203 x 1808)
Senior Planner Fox provided the Council with a copy of the old code, gave a brief history of
the City's equestrian regulations and the nonconformity statement process.
At this time, an exchange of questions and answers between Councilman Gardiner and
Senior Planner Fox provided clarifying details for review of this nonconformity statement.
Senior Planner Fox presented the staff report of April 16, and the recommendation to
determine the maximum number of large domestic animals that may be "grandfathered" for
keeping and /or boarding on the property at 20 Vanderlip Drive.
Mayor pro tem Stern referenced a letter from the applicant Jack Downhill which stated that
he previously maintained 11 horses on his property prior to the incorporation of the City.
Mayor pro tern Stern asked how many of these 11 horses could be grandfathered.
Senior Planner Fox said that they could all be grandfathered.
Don Burt, 79 Narcissa Drive, said that his property bordered on Narcissa; that he passed
the subject site many times per day; that he had never seen more than four horses on the
property; and, did not think that the intent was commercial boarding.
City Council Minutes
April 16, 2002
Page 9
Sherree Greenwood, 2543 Sunnyside Ridge Road, a member of the Equestrian
Committee, said that she hoped that the people in the equestrian community could try to
understand each other and allow reasonable rights for those seeking grandfathering. She
said that there were many families who want their children to have horses and a country life
and the establishment of the Equestrian Community and the good judgment of City Council
can contribute to this goal.
Charlene O'Neil, 38 Headland Drive, Chair of the Equestrian Committee, felt that when
there was a large parcel of land such as this, approximately seven acres, 11 horses should
not be considered excessive.
Jack Downhill, 20 Vanderlip Drive, explained that he was told when he bought the property
he learned from the County that he could keep one horse per 15,000 square feet and one
more for each 5,000, which would allow him 58 horses so 11 did not seem like that many.
He said that subdividing, which he did not intend to do, could provide seven contiguous
lots, which would allow him 28 horses. He said that he picked the number of 11 horses
because when he had a fire in 1973, he knew he had that many and he felt he was entitled
to that number.
Mayo pro tern Stern asked if staff had done a workup based on the provision which allows
the Council to allow the number of horses an owner testifies he had anytime during the
calendar year of 1997 if the owner does not have evidence of the number of horses he had.
Senior Planner Fox replied that assuming that because of continuous ownership, this
property qualified for the 1975 boarding exception.
Sepp Donahower, 3 West Pomegranate Road, said that he had lived in Portuguese Bend
for 52 years; had been keeping horses for 40 years; and, knew that the County code had a
limitation of six horses per parcel and that the City cloned that code. He added that the old
code forbade boarding for profit; that his father was cited by the County for keeping more
horses than he was allowed which proved that the County code did have restrictions on
boarding and the number of horses allowed and it was important to take into account those
restrictions when considering grandfathering.
Senior planner Fox said that the County code was used in the interim when the City was
incorporated but when the County code later placed restrictions of six horses per parcel,
the City did not adopt this new provision.
In response to Councilman Gardiner's question if a copy of the County code was available
for inspection during this hearing and Senior Planner Fox said no. Councilman Gardiner
felt that this code should be consulted before a decision could be made on this
nonconformity statement.
City Attorney Lynch said that Senior Planner was saying that after the City adopted the
County Code by reference, the County adopted horsekeeping standards which the City did
not adopt until 1975 but prior to the City's incorporation, there were no horsekeeping
standards in the County Code.
City Council Minutes
April 16, 2002
Page 10
Councilman Gardiner suggested that it was important to sort out these details and moved,
seconded by Mayor pro tem Stern, to continue this item. Motion carried.
RECESS & RECONVENE:
At 9:58 P.M., Mayor McTaggart declared a recess. The meeting reconvened at 10:10 P.M.
Review of Large Domestic Animal Nonconformity Statement No. 8 (Sunshine, 6
Limetree Lane) (11203 x 1808)
Senior Planner Fox presented the staff report of April 16, and the recommendation to:
affirm Staff's determination that the keeping of a maximum twelve (12) large domestic
animals of which a maximum of seven (7) animals may be boarded may be grandfathered
for the property at 6 Limetree Lane.
Councilman Gardiner and Councilman Clark asked about assertions about public health
and aesthetics issues which were being investigated by Code Enforcement or County
Animal Control.
Senior Planner Fox said that some Code Enforcement issues being investigated based
upon assertions from Mrs. Strauss and Mrs. Deeble, but that he had not spoken to County
Animal Control.
Councilman Gardiner asked if the Council was to consider only the number of horses
allowed and not the care of the horses on this property.
City Attorney Lynch said that for a discretionary permit, care of the animals was considered
but for this nonconformity statement, only the number of horses allowed was an issue.
Robert Maxwell, 7 East Pomegranate, pointed out that attorneys have stated that
grandfathering is illegal and that it diminishes property values, ignores City rules, and
violates CC &R's of the Portuguese Bend Community Association, allows illegal spot
zoning, gives individuals rights at the expense of others. He said that commercialism is
contrary to the General Plan.
Mayor pro tern Stern said that the City does not enforce CC &R's but CC &R's are an
agreement between property owners and those who enforce. If CC &R's are more
restrictive, they override what the Council decides based on code.
A discussion ensued between Senior Planner Fox and Councilman Gardiner regarding the
counting of horses which were being illegally boarded under the old code and whether they
would be included in the total number of horses to be kept or only in the number of horses
allowed to be boarded.
City Attorney Lynch clarified that since it was difficult to determine if a profit had been made
by boarding, this was not made an issue but that if a property owner was allowed to have a
certain number of horses and all were being boarded, they were still allowed to have that
many horses on their property.
City Council Minutes
April 16, 2002
Page 11
Mayor pro tern Stern asked if that meant only for keeping but not necessarily for boarding
and she said yes. She also clarified that boarding in perpetuity was considered only when
the property had been owned in 1975 or prior.
Betty Strauss, 10 West Pomegranate Road, said that there were 100 to 150 horses in
Portuguese Bend; she listed the number of horses in the Portuguese Bend Riding Club,
Pony Club, and Ride to Fly; and, she said that no one was complaining about the number
of horses used by these organizations. However, she felt that many people had worked
hard to ban commercialism in residential areas and she said her granddaughter had paid
for riding at one facility which claims to be non - commercial and stated that many people
boarding horses were not doing it to be nice but to make money and some did not even
ride themselves. She pointed out that another facility, a horse had died and when the
County was contacted, the County representative said that property owners boarding
horses should be licensed in order for the County to help monitor horsekeeping standards.
She said that after sitting through numerous hearings, her perspective on why four was
chosen as the maximum number of horse allowed was that someone might have a couple
of horses and then they might be willing to board a couple more for friends but this would
eliminate large scale commercial boarding.
Mayor pro tern Stern pointed out that the present code does not eliminate or address the
concept of commercial; it is merely called boarding. Ms. Strauss said that after the first few
hearings, the concept of commercialism was eliminated.
Mayor pro tern Stern emphasized that, although he understood the distinction she was
making, the Council was obligated to follow the code and that staffs interpretation of the
code seemed correct.
Toni Deeble, 3 East Pomegranate Road, said that the nonconforming code stated that a
nonconforming situation shall be found to be legal if the number of horses being kept
previously was legal under the old code and she felt that Sunshine did not qualify for this
grandfathering. She stated that profit was not the issue in determining a commercial
venture; that a business could operate at a loss. She objected also to the lack of
verification which was required for a nonconformity statement; that the City took the word of
the property owner and the number of horses she claimed was from illegal boarding so
should not be a valid number. She felt that the neighbors were not being listened too even
when a horse had died.
Charlene O'Neil, 38 Headland Drive, said that horses die sometimes because they are ill
and not necessarily because they are being neglected. She referenced a study performed
by the Equestrian Committee indicating the need for more boarding facilities based on the
waiting lists at every riding club and boarding facility on the Peninsula.
Sepp Donahower, 3 West Pomegranate Road, suggested that the Council study the
County code because it affects all three the nonconformity statement being considered. He
said that this code did have a ceiling of 6 horses and he knew this because his father was
cited several times for violating this code. He said that the County code prohibited
boarding for profit and that the Rancho Palos Verdes code was a clone of the County code.
City Council Minutes
April 16, 2002
Page 12
He felt that Sunshine should not be allowed to have 12 horses by grandfathering since
legally she was not allowed to have 12 horses according to the previous code.
Joe Deeble, 3 East Pomegranate Road, felt that the small percentage of nonconformity
statements submitted indicated that the City had provided a reasonable number of horses
allowed for 90% of horse owners. He said that some facilities obviously looked commercial
by the size of the operation and by the traffic of strangers.
Sherree Greenwood, 2543 Sunnyside Ridge Road, said that she was a member of the
Equestrian Committee but was also speaking as an individual and stressed that
commercialism should not be confused with the legal right to own an animal. With only
three nonconformity statements to be considered, she felt it was important to try to resolve
differences.
Sunshine, 6 Limetree Lane, said that she agreed with the staff report and thought that her
statement had been brought before the Council mainly because of code enforcement
issues which were being dealt with separately. She emphasized that she had never
claimed to have lived in Rancho Palos Verdes in 1975 and that she had submitted designs
for her barns which were approved by architectural committees. She discussed sales of
horses between residents, the use of her property by Ride to Fly, and the number of horses
she had on her property on February 1, 1997.
Mayor pro tern Stern made reference to materials furnished to the Council by Toni Deeble
and based on interpretation, it appeared that Sunshine is entitled to 12 horses, with seven
boarded.
Councilwoman Ferraro agreed.
Councilman Gardiner said that he had attended a meeting held by the Deebles and spoken
to Kay Bara on the telephone and he thought that the interpretation of how the animals
were counted needed to be sorted out before he felt comfortable making a decision on this
nonconformity statement.
RECESS & RECONVENE:
At 11:20 P.M., Mayor McTaggart declared a recess. The meeting reconvened at 11:27
P.M.
At this time, because of the late hour, the Council decided to hear, after the nonconformity
statements, agenda items which needed immediate decisions and to continue the
remainder of the items on.the agenda.
Discussion of the Nonconformity Statement No. 8 continued.
Councilman Clark and Mayor McTaggart agreed with Councilman Gardiner that
interpretation of how horses were counted needed to be clarified.
City Council Minutes
April 16, 2002
Page 13
On the subject of nonconforming statements that were not contested, City Attorney Lynch
said that information as to how these statements were handled could be furnished to the
Council.
Council consensus was that consistency was important.
Councilman Clark disclosed that he, like Councilman Gardiner was contacted by the
Deeble family and met with them and some other neighbors; and, that he had been
contacted by the Bara family and met with them also.
Mayor McTaggart said that he had spoke to Betty Strauss on the phone and bumped into
Kay Bara at the market.
Mayor pro tem Stern said that the Baras had called him to see if he had questions and as
he had none, there was no further discussion.
Council consensus was to continue this item.
Review of Large Domestic Animal Nonconformity Statement No. 3 (Bars, 1
Peppertree Drive) (1203 x 1808)
Presentation of the staff report was waived. Staff recommendation was to affirm Staff's
determination that the keeping of a maximum ten (10) large domestic animals of which a
maximum of six (6) animals may be boarded may be grandfathered for the property at 1
Peppertree Drive.
Bridget Heller, 9 Fruit Tree Road, said that the Baras keep a lovely facility and she did not
feel that commercialism was an issue because of their support of community horse groups.
Robert Maxwell, 7 East Pomegranate Road, felt that the Baras should not be allowed the
ten horses they requested because that number of horses was not legal for them at the
time because he felt they were receiving money for boarding over and above their
expenses.
Mayor pro tem Stern asked Mr. Maxwell if he had proof of this and he said no but he
suspected it was true.
Toni Deeble, 3 East Pomegranate, said that the Baras started with a commercial venture
and a horse trainer and that when the relationship with the horse trainer dissolved, they
continued to expand the commercial operation even when the neighbors protested. She
felt that they fought for commercialism at the Planning Commission hearings therefore
theirs must be a commercial operation. She said that the Baras said that their boarders
became friends and that whether or not there was profit, there was commercial boarding
and proof of this was that Betty Strauss' granddaughter paid for lessons at their site. She
said that their nonconformity should not be legalized because the legality of their facility in
the past could not be verified.
City Council Minutes
April 16, 2002
Page 14
Joe Deeble, 3 East Pomegranate Road, felt that the Baras should take their request before
the Equestrian Committee using the current code to justify why they needed ten horses
rather than requesting grandfathering.
Mayor pro tem Stern pointed out that the code did provide for grandfathering.
Charlene O'Neil, 38 Headland Drive, felt that this case should be decided by the same
standards as the previous 17 nonconformity statements and said that the Baras' 12 acres
was enough land for ten horses.
Councilman Clark pointed out that the Council was not involved in the determination on the
previous 17 nonconformity statements.
Sherree Greenwood, 2543 Sunnyside Ridge Road, said that the Baras have a well -
maintained facility with lots of open space in their 12 acres with plenty of stables and three
arenas. She felt it was not a commercial operation because they had helped many
community groups and children and supported their request for ten horses.
Kay Bara, 1 Peppertree Drive, said that they requested permission to keep 10 horses, six
of them boarded, and that under the old code with their three parcels, a total of 12 acres,
they would have been allowed to keep 17 horses. Therefore, without grandfathering, their
property value was greatly reduced. She said that they had ten horses on February 1,.
1997; they knew which horses they were; they had boarding agreements with some of the
people who were present at this hearing or who had submitted supporting letters. She said
that their fee was low and covered only reimbursement for food, water, shavings, shoveling
once a day, and insurance and that although they had not been asked to keep records or
show their records, they did have such records. She felt that the same standards should be
applied to them as for the other nonconformity statements which were approved.
Richard Bara, 1 Peppertree Drive, said that the staff reports explains their situation clearly
and that they never claimed to own the property in 1975 so he did not see why this issue
kept being mentioned. He described how their operation expanded with more horses
acquired, some from friends and how they came to provide lessons for children because
they had the rings. He said that taking care of ten horses was reasonable but over that
number, it was not. He felt that the new code had been a compromise and took rights from
people.
Dr. Chris Traughber, 26516 Crenshaw Boulevard, Palos Verdes Peninsula, CA 90274, said
that the Baras did not have a business because they were not making a profit. He
described the need for boarding on the Peninsula and the long waiting lists at boarding
facilities.
Councilman Clark moved, seconded by Councilman Gardiner to continue this item. Motion
carried.
Request for Proposals —City Hall Telephone and Voice Messaging System (602)
City Council Minutes
April 16, 2002
Page 15
Presentation of the staff report was waived. Staff recommendation was to approve the
attached City of Rancho Palos Verdes Request for Proposal for VOI P Telephone System
(the "RFP ") for the replacement of the City Hall telephone system and authorize the
Finance Director to negotiate the terms and conditions of the purchase of the system and
related support agreement.
Councilwoman Ferraro, moved, seconded by Councilman Gardiner to adopt staff
recommendation. Motion carried.
Resol. No. 2002- 28 - Professional Services Agreement For An Employees Benefit
Study (1101 x 1202)
Staff recommendation was to: (1) Approve a Professional Services Agreement with Aon
Consulting for an Employee Benefits Study in the amount of $27,000, and authorize the
Mayor and City Clerk to execute the Agreement. (2) Adopt the proposed resolution
amending Resol. No. 2001 -35, the Budget Appropriation for Fiscal Year 01 -02, for a Budget
Adjustment to the City's General Fund.
Councilwoman Ferraro moved, seconded by Councilman Gardiner to: (1) Approve a
Professional Services Agreement with Aon Consulting for an Employee Benefits Study in
the amount of $27,000, and authorize the Mayor and City Clerk to execute the Agreement.
(2) ADOPT RESOL. NO. 2002 -28, AMENDING RESOL. NO. 2001 -35, THE BUDGET
APPROPRIATION FOR FISCAL YEAR 01 -02, FOR A BUDGET ADJUSTMENT TO THE
CITY'S GENERAL FUND.
The motion carried on the following roll call vote:
AYES: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart
NOES: None
Adjourned City Council Meetings (1101 x 307)
Staff recommendation was to consider establishing new dates for interviewing the
Recreation and Parks Committee and Equestrian Committee applicants, a new date for the
Zone 2 Workshop and a date for a joint meeting with the School Board.
The following meeting dates were scheduled:
Saturday, April 27, after the Community Leaders' Breakfast: Interviews for the Recreation
and Parks Committee and Equestrian Committee applicants
Monday, Ma 20: New date for the Zone 2 Workshop
Saturday, May 18: Tentative date for a joint meeting with the School Board. City Manager
Evans will confirm with the School Board.
Wednesday, June 12: Meeting to discuss Equestrian items
City Council Minutes
April 16, 2002
Page 16
Resol. No. 2002 -29 - Emergency Preparedness Committee (1101 x 401)
Staff recommendation was to adopt the proposed resolution amending Resolution No. .
2002 -11 to increase the members of the Emergency Preparedness Committee from seven
(7) members to nine (9) members.
Councilwoman Ferraro moved, seconded by Councilman Gardiner to ADOPT
RESOLUTION NO. 2002 -29, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2002 -11 TO INCREASE THE
MEMBERS OF THE EMERGENCY PREPAREDNESS COMMITTEE FROM SEVEN (7)
MEMBERS TO NINE (9) MEMBERS.
Due to time constraints, the following items were continued:
Equestrian Committee Workload Summary (1203 x 1808)
Equestrian Committee Report on an Equestrian Facility (1203 x 1808)
Recreational Vehicle Street Parking and Residential Storage (1203)
Palos Verdes Peninsula Transit Authority (I 101 x 1505)
Senate Bill 633, Delay Prevention Act (I 101)
League of California Cities Membership (1101 x 1601)
League of California Cities Resolution (1101 x 1102)
CLOSED SESSION REPORT:
City Attorney Lynch reported that no action was taken on the first two items and that
regarding the City Manager's evaluation, a contract would be brought back on the next
agenda.
ADJOURNMENT: Adjourned at 12:28 A.M. to Saturday, April 27th to the Community
Leaders' Breakfast starting at 9:00 A.M., followed by the interviews of applicants for the
advisory boards (Parks & Recreation and Equestrian Committee) starting at 11:00 A.M.
ATTEST:
CITY CLERK
WA2002 City Council Minutes \04162002 cc min.doc
City Council Minutes
April 16, 2002
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