CC MINS 20001205MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
DECEMBER 5, 2000
The meeting was called to order at 7:00 P.M. by Mayor Byrd at Fred Hesse Community
Park, 29301 Hawthorne Boulevard. After the Pledge of Allegiance, roll call was
answered as follows:
PRESENT: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
ABSENT: None
Also present were City Manager Les Evans, City Attorney Carol Lynch; Director of
Planning, Building, and Code Enforcement Joel Rojas; Director of Public Works Dean
Allison; Director of Finance Dennis McLean; Senior Planner Kit Fox; City
Clerk/Administrative Services Director Jo Purcell; and, Deputy City Clerk/Recording
Secretary Jackie Drasco.
RECYCLING DRAWING:
There was no winner from the last drawing. Another card was selected.
APPROVAL OF AGENDA:
Mayor Pro Tem Lyon moved, seconded by Councilwoman Ferraro, to approve the
agenda as amended. Motion carried.
COUNCIL REORGANIZATION:
Selection of Mayor
Councilwoman Ferraro moved to nominate Mayor Pro Tem Lyon for Mayor. Motion
seconded by Councilman Stern. Motion carried unanimously.
Selection of Mayor Pro Tem
Mayor Lyon nominated John McTaggart for Mayor Pro Tem. Motion seconded by
Councilwoman Ferraro. Motion carried unanimously.
Mayor Lyon presented a memento to outgoing mayor Lee Byrd on behalf of the City
Council in recognition of his Council leadership during the past 12 months.
APPROVAL OF CONSENT CALENDAR:
City Attorney Lynch clarified a correction to the SUSMP ordinance. Regarding the
Destruction of Records, item, she clarified that the minimum time for records to be kept
was two years.
Councilwoman Ferraro moved, seconded by Mayor Pro Tern McTaggart, to approve the
consent calendar, as amended with City Attorney Lynch's comments, as follows:
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.
Adoption of Ordinance No. 361 — NPDES Regulations (1204 x 1103 x 1900 x 1402)
ADOPTED ORDINANCE NO. 3611 AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING THE STORM WATER AND URBAN RUNOFF
POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF NEW
DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE
RANCHO PALOS VERDES MUNICIPAL CODE. (This ordinance was introduced on
November 21, 2000.)
October 2000 Treasurer's Report (602)
Ordered received and filed.
Resol. No 2000 -85 - Annual Destruction of Records (301)
ADOPTED RESOLUTION NO. 2000 -85 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE DESTRUCTION OF
CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA, MAKING CERTAIN
CHANGES TO EXISTING RETENTION SCHEDULES, AND AMENDING
RESOLUTION NO. 96 -91.
Resol. No. 2000 -86 - Register of Demands (602)
ADOPTED RESOL. NO. 2000 -86, 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:
City Council Minutes
December 5, 2000
Page 2
AYES: Byrd, Ferraro, McTaggart, Stern, and Mayor Lyon
NOES: None
# # # # # # # # # # #
PUBLIC HEARINGS:
Proposed 2001 -2002 Community Development Block Grant (CDBG) Program
(1204 x 601)
Mayor Lyon opened the public hearing on this request to receive testimony and make
decisions regarding the Proposed 2001 -2002 Community Development Block Grant
(CDBG) Program. 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 December 5, 2000 and the
recommendation to (1) Conduct a public hearing to receive citizen input on the
proposed 2001 -2002 Community Development Block Grant (CDBG) Program. (2)
Approve the proposed CDBG projects and budget. (3) Authorize the Director of Public
Works to execute agreements for CDBG projects with the Los Angeles County
Community Development.
There being no response to the Mayor's call for testimony, she declared the hearing
closed.
Mayor Pro Tern McTaggart moved, seconded by Councilwoman Ferraro, to adopt the
staff recommendation. Motion carried.
Appeal of Grading Permit No. 1928- Revision `B' (Applicant/Appellant: Arik
Abdalian, 30025 Cachan Place) (1203 x 1801)
Mayor Lyon opened the public hearing on this request to hear the Appeal of Grading
Permit No. 1928 - Revision `B'. City Clerk Purcell announced that notice had been duly
published and that comment letters received by the City were included in the agenda
packet.
Senior Planner Fox presented the staff report of December 5, 2000 and the
recommendation to remand Grading Permit No. 1928 - Revision `B' to the Planning
Commission for further review and consideration.
Council discussion centered on whether all or some portions of this project should be
remanded to the Planning Commission.
City Council Minutes
December 5, 2000
Page 3
Arik Abdalian, 30825 Marne Drive, described the history of his project and modifications
requested as it proceeded through the Planning Commission review process, and
emphasized his willingness to comply with City regulations and the requests of his
neighbors.
Eric Paris, 29234 Stadia Hill Lane, spoke in support of denying the appeal because he
felt that there had been already too many concessions made to the property owner.
There being no further testimony, Mayor Lyon closed the public hearing.
Council discussion focused on the slope of the property before and after grading;
payment of application and appeal fees, depending on whether the entire project or a
portion of it was remanded to the Planning Commission; and, withholding of a certificate
of occupancy until the rear slope of the site is restored.
Councilman Stern moved, seconded by Mayor Pro Tern McTaggart, to deny the appeal
without prejudice, uphold the Planning Commission's action of October 10, 2000, and
direct Staff to prepare an appropriate resolution for adoption at the next City Council
meeting; and remand only the new modifications to the Planning Commission as a new
and separate revision to Grading Permit No. 1928. Motion carried.
REGULAR BUSINESS:
Natural Community Conservation Planning (NCCP) update on the City's draft
preferred alternative preserve design (Alternative No. 5) (1203)
Director Rojas presented the staff report of December 5, 2000 and the recommendation
to (1) Review the draft preferred alternative preserve design (Alternate No. 5) and
provide staff with input. (2) Provide staff with direction on whether to proceed with the
NCCP program, as proposed. A PowerPoint presentation was used to exhibit maps of
Alternative No. 4 and No. 5 which described the areas which the City proposed to
include in an NCCP preserve.
City Clerk Purcell noted that late correspondence had been distributed to the Council as
well as revised pages for the staff report.
Council discussion centered on a history of the NCCP and the parties participating in its
formulation; obligations to the City and the need to understand how changes to a
preserve could be made if necessary in the future; the requirement for provisions for
emergency repairs in a preserve; the need for a financial and management plan;
parcels being considered for open space purchase; the new "bubble" concept
introduced in Alternative No. 5; and, the advantage of cooperation from landowners.
City Council Minutes
December 5, 2000
Page 4
RECESS & RECONVENE:
At 8:30 P.M., Mayor Lyon declared a recess. The meeting reconvened at 8:42 P.M.
PUBLIC COMMENTS:
Tony Baker, 16 Limetree Lane, discussed use of trails and road in the Portuguese Bend
area and urged the Council to preserve this area as a nature preserve.
Bernie Slotnick, 6055 Montemalaga Drive, said he was Neighborhood Watch block
captain for 22 homes and he asked that the Council prohibit soliciting after dark. He
stated that residents felt intimidated by these solicitors and there had been a report of a
car being vandalized after a refusal to purchase magazine subscriptions being sold by
these solicitors.
City Attorney Lynch said that the Council did not have the authority to change a state
law which allowed soliciting until 8:00 P.M. but said that residents could place a "no
soliciting" sign or a "no soliciting after 4:00 P.M." sign on their property and the sheriff
could be called if the signs were not heeded. She also mentioned that vandalism of
property or soliciting without a permit were also violations that should be reported to the
Sheriff.
Lois Larue, 3136 Barkentine Road, spoke on a number of subjects: Council
reorganization; her reporting on the landslide; the suggestion that the City transfer its
accounts to a local bank; and, the monthly stipend payments to Planning
Commissioners.
George Gleghorn, 28850 Crestridge Road, stated that the past microphone problem at
City Council meetings appeared to have been solved and that he was glad that it was
easier to hear what was being said.
Natural Community Conservation Planning (NCCP) update on the City's draft
preferred alternative preserve design (Alternative No. 5) CONTINUED (1203)
Public comments were heard at this time.
Bill Tippets, 4949 Viewridge Avenue, San Diego, CA 92123, Habitat Conservation
Supervisor, California Department of Fish and Game, provided information regarding
the process, funding, City commitments and benefits of the NCCP; experiences of other
cities; the role of the Coastal Commission; and, he answered questions from the
Council relative to certain scenarios of the ultimate features of the City's NCCP.
City Council Minutes
December 5, 2000
Page 5
Mike Walker, Palos Verdes Portuguese Bend Company, 25200 La Paz Road, Suite
210, Laguna Hills, CA 92653, distributed a handout indicating the ten goals of the
NCCP to the Council; addressed staff recommendations; discussed the collaborative
role of the City Council, landowners, citizens, city staff, and resource agencies; the
need for criteria within the "bubble" areas; constraints placed upon landowners; and,
the fact that some consider a golf course as open space. He indicated that his group
would do what they could to support the program. (A copy of Mr. Walker's handout is
on file with the City Clerk's Office.)
Gary Weber, 6610 Palos Verdes Drive South, representing York Long Point, said that
they were generally in support of the program but had questions regarding details, such
as linkage and criteria in the "bubble" areas. He said that funding was critical and his
group would be willing to help locate funding sources.
Larry Vivian, 2324 West 37th Street, San Pedro, CA 90732, Conservation Chair, Palos
Verdes /South Bay Sierra Club, felt that Alternative No. 5 was a complex plan which
appeared to place development at a higher priority than the environment.
Barbara Gleghorn, 28850 Crestridge Road, Steering Committee, Save our Coastline II,
said that she appreciated the City's involvement in NCCP but felt that Alternative No. 5
was in conflict with citizens' wishes regarding upper Pt. Vicente Park at City Hall and
that Mr. York should use his own land for golf, not public land.
Jim Knight, 5 Cinnamon Lane, spoke in favor of the City's participation and felt that
large contiguous parcels were preferable to islands of open space; however, he felt that
Alternative No. 5 created isolated strips of habitat. He asked how the recent
destruction of habitat by Mr. York would be addressed in reference to the NCCP.
Rowland Driskell, 30 Via Capri, spoke in opposition to the use of City Hall property for
golf and said that he felt that a golf course did not constitute open space.
Councilwoman Ferraro left the meeting at 9:39 P.M.
Jess Morton, 787 West 4th Street, San Pedro, CA 90731, Los Angeles County Director,
Endangered Habitats League, said that Alternative No. 5 was the best alternative
except for No. 1 and he was opposed to allowing a golf course on public land. He felt
that the greatest possible preserve should be created to preserve the high quality of life
on the Peninsula.
Bill Ailor, 1052 Via Palestra, Palos Verdes Estates, CA 90274, representing Palos
Verdes Peninsula Land Conservancy, acknowledged the Council's past support of open
space purchases and urged them to continue to search for funding, particularly to
purchase open space in Portuguese Bend which he felt was essential to the NCCP.
City Council Minutes
December 5, 2000
Page 6
Keith Lenard, El Rey Road, San Pedro, CA 90732, Executive Director, Palos Verdes
Peninsula Land Conservancy, said that he was new to the community, having been
hired only six months ago. He described his experience with the conservancy in
Wyoming, and explained how raising funds for purchase of open space was handled.
He urged the Council to adopt a resolution proposed by the Land Conservancy
regarding purchase of open space in Portuguese Bend; encouraged completion of the
NCCP as quickly as possible to create additional funds; and, noted funds currently
available from the Palos Verdes Peninsula Land Conservancy and from Proposition A.
(A copy of a statement from Mr. Lenard is on file with the City Clerk's Office.)
Lois Larue, 3136 Barkentine Road, stated her agreement with Josh Cohen of the Palos
Verdes Peninsula News that the staff report was excellent; that she was pleased that
Bill Tippets was able to attend the meeting; and, she inquired about the funding of the
cleanup of Forrestal Canyon.
Angelika Brinkmann -Busi, 2141 West 35th Street, San Pedro, CA 90732, Conservation
Chair, South Coast Chapter of the California Native Plant Society, explained that the
Native Plant Society had participated in the NCCP from the beginning and said that the
NCCP provided a good opportunity to preserve natural open space with regional control
and protected the environment while still allowing commercial development. She read
from a letter that she wrote to the City expressing her concern that the proposed plan
seemed to give a higher priority to development and urging the Council to consider
wildlife in the public land around City Hall and make this land part of the preserve.
Bill Ailor, 1052 Via Palestra, Palos Verdes Estates, CA 90274, Palos Verdes Peninsula
Land Conservancy, reminded the Council of the Conservancy's offer to provide
management of Forrestal at no cost to the City.
RECESS & RECONVENE:
At 10:10 P.M., Mayor Lyon declared a recess. The meeting reconvened at 10:25 P.M.
Council discussion focused on the suggestion for staff to provide a comparison of all
the NCCP alternatives; the need for criteria for the "bubble" areas; price negotiations for
purchase of open space; the latitude the City would have in stabilizing the landslide;
and the goals of the NCCP, which are compatible with the City's goals at the time of
incorporation.
Councilman Stern moved, seconded by Mayor Pro Tem McTaggart, to: (1) Direct staff
to provide a more detailed comparison of Alternatives 1, 3 and 5 at a workshop to be
scheduled later including (a) what development would be permitted by each alternative;
(b) how the property owners feel about each alternative; and (c) how the Resource
City Council Minutes
December 5, 2000
Page 7
Agencies and other environmental groups feel about each alternative. (2) Develop
"draft" criteria for the "bubbles." (3) Provide more definitive answers to the questions
related to mitigation for habitat damaged during emergency repairs to public facilities
due to failures or natural disasters. (4) Describe more specific criteria for removing
habitat from an adopted "preserve." (5) Provide a draft or sample NCCP agreement
that would be similar to one that would be applicable to the NCCP in Rancho Palos
Verdes. Motion carried 4 -0 -1 (Councilman Ferraro having left the meeting at 9:39
P.M.).
Landslide Moratorium Exception Permit No. 37 (Jim Knight, 5 Cinnamon Lane).
(1203 x 1801)
Director Rojas presented the staff report of December 5, 2000 and the recommendation
to approve with conditions Landslide Moratorium Exception Permit No. 37 allowing the
landowner to proceed with the appropriate applications to legalize a 105 square foot
non - habitable storage shed attached to the existing residence.
Jack Monks, 32200 Schooner Drive, spoke in support of issuing the permit.
Councilman Byrd moved, seconded by Mayor Pro Tern McTaggart, to adopt the staff
recommendation. Motion carried 4 -0 -1 (Councilman Ferraro having left the meeting at
9:39 P.M.).
Los Angeles World Airports Roundtable on Aircraft Noise (1101 x 1505)
City Manager Evans presented the staff report of December 5, 2000 and the
recommendation to consider appointing Councilmembers McTaggart and Ferraro as the
City's representative and alternate, respectively, to the Los Angeles World Airports
Roundtable Group and authorize the Mayor to execute a written endorsement of the
appointments.
Councilman Stern moved, seconded by Councilman Byrd, to adopt the staff
recommendation. Motion carried 4 -0 -1 (Councilman Ferraro having left the meeting at
9:39 P.M.).
Request from Navy League of the United States to support a port visit to the
South Bay by an aircraft carrier. (1101x310)
Assistant City Manager Petru presented the staff report of December 5, 2000 and the
recommendation to consider whether to award a grant to the Navy League of the
United States to support a port visit to the South Bay by an aircraft carrier.
Samuel Van Wagner, 2763 San Ramon Drive, spoke in support of awarding the grant
City Council Minutes
December 5, 2000
Page 8
and suggested that support from other South Bay cities be sought by advance publicity
for the event.
Council consensus was to communicate with other cities in the area and to utilize the
services of Gary Amo for publicity.
Mayor Pro Tern McTaggart moved, seconded by Councilman Stern, to award a
maximum grant of $2800.
The motion carried on the following roll call vote:
AYES: Byrd, McTaggart, Stern, and Mayor Lyon
NOES: None
ABSENT: Ferraro
ADJOURNMENT: Adjourned at 11:01 P.M. on motion of Mayor Lyon.
ATTEST:
R � j•, 5
CITY CLERK
WA2000 City Council Minutes \12052000 cc min.doc
14AYOR
City Council Minutes
December 5, 2000
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