CC MINS 20010501MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MAY 19 2001
The meeting was called to order at 7:55 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: Byrd, Ferraro, McTaggart, Stern, and Mayor Lyon
ABSENT: None
Also present were City Manager Les Evans, Assistant City Manager Carolynn Petru;
City Attorney Carol Lynch; Director of Planning, Building, and Code Enforcement Joel
Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; City
Clerk/Administrative Services Director Jo Purcell; Senior Planner Fox; and, Deputy City
Clerk/Recording Secretary Jackie Drasco.
RECYCLING DRAWING:
Recycling winners from the last drawing was Mauro D. Asprih, who will receive a check
for $250, which represents a year of free refuse service. Another card was drawn.
APPROVAL OF AGENDA:
City Manager Evans said that the Contract Services for the Position of Deputy Director
of Public Works item had been removed from the agenda.
Councilman Stern moved, seconded by Mayor Pro Tern McTaggart, to approve the
agenda, as amended. Motion carried.
APPROVAL OF CONSENT CALENDAR:
Councilwoman Ferraro moved, seconded by Mayor Pro Tern McTaggart, to approve the
Consent Calendar as follows:
Lois Larue, 3136 Barkentine Road, said that she liked the new setup of the room and
that the golf tax should be called greens fee revenue.
Minutes (301)
Adopted the Minutes of April 17, 2001, as presented, and April 21, 2001, as amended
Contract Services for the Position of Deputy Director of Public Works (1204 x
1202)
Removed from the agenda.
Acquisition of Vehicle for the Department of Public Works (1204 x 602)
(1) Authorized the Department of Public Works to purchase a new vehicle. (2)
Authorized the Mayor and the City Clerk to enter into a purchase agreement with
Worthington Ford in the amount of $18,784.36.
Update to the Pavement Management Report (1204 x 1403)
(1) Awarded a professional service contract for an update to the Pavement
Management Report to Berryman and Henigar, Inc., for a not to exceed amount of
$16,266, and authorized the expenditure of up to $1,734 for additional services, for a
total authorization of $18,000. (2) Authorized the Mayor and the City Clerk to execute a
professional service contract with Berryman and Henigar, Inc.
Award Contract for Construction of Bikeway Route Improvement Project (1204 x
112)
(1) Awarded a contract for the Bikeway Route Improvement Project to PCI Ltd. for an
amount not to exceed $46,969; plus authorized staff to spend an additional $8,031 for
possible extra work, for a total authorization of $55,000. (2) Authorized the Mayor and
the City Clerk to execute the contract on behalf of the City.
Resol. No. 2001 -37 - Register of Demands (602)
ADOPTED RESOLUTION NO. 2001 -371 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND
DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.
The motion to approve the Consent Calendar carried on the following roll call vote:
AYES: Byrd, Ferraro, McTaggart, Stern, and Mayor Lyon
NOES: None
# # # # # # # # # # # #
REGULAR BUSINESS:
Review of Large Domestic Animal Nonconformity Statement No. 6 (Ryan, 28328
City Council Minutes
May 1, 2001
Page 2
Palos Verdes Drive East) (1203 x 1808)
Senior Planner Fox presented the staff report of May 1, 2001 and the recommendation
to affirm Staff's determination that the keeping of a maximum of five large domestic
animals may be "grandfathered" for the property at 28328 Palos Verdes Drive East.
City Attorney Lynch confirmed that leasing a horse is the same as owning a horse;
Madeline Ryan, 28328 Palos Verdes Drive East, said that she wanted six horses on her
property, not eight as the staff report indicated. She said that allowing five horses was
not acceptable and the City was grandfathering six stables so it was logical to allow six
horses and the 30,000 square feet developed lot was large enough to accommodate
this many animals. She estimated that she had seven horses on the property on
February 1, 1997 and said that she understood that "grandfathering" indicated she
could have the same number of horses that was legal on February 1, 1997. She urged
the Council to preserve equine rights in the City as they have with open space and
views.
Council discussion centered on the total number of large domestic animals allowed on
each of the lots owned by Ms. Ryan under the old code and under the new code.
Madeline Ryan indicated that she could probably provide records indicating that she
had seven horses on her property on February 1, 1997.
Council discussion focused on allowing the six horses on this large parcel of land as
requested by Mrs. Ryan. It was argued that this action would not comply with the
Equestrian ordinance. Council consensus was that Mrs. Ryan did have seven horses
on her property on February 1, 1997 and to permit the six that she was now requesting.
Councilwoman Ferraro moved, seconded by Mayor Pro Tern McTaggart, to amend
Staffs determination and allow that the keeping of a maximum of six large domestic
animals ma y be "grandfathered" for the property at 28328 Palos Verdes Drive East.
Motion carried.
Review of Large Domestic Animal Nonconformity Statement No. 19 (Downhill, 20
Vanderlip Drive) (1203 x -1808)
Senior Planner Fox presented the staff report of May 1, 2001 and the recommendation
to affirm Staffs determination that the keeping of a maximum of six large domestic
animals may be "grandfathered" for the property at 20 Vanderlip Drive.
Jack Downhill, 20 Vanderlip Drive, said that often he did not know how many horses
were on his property because he was not running a business and often would allow a
City Council Minutes
May 1, 2001
Page 3
child to board their horse there free of charge. He stated that he had owned the
property since 1968 and this large 7 -acre parcel could legally accommodate many more
horses if sub - divided. He said that he did not know exactly how many horses were on
his property on February 1, 1997; that he knew a week before the inspection that there
were seven; and, that even though he felt he should be allowed 11 horses, it was
unlikely he would ever have that many.
Council discussion centered on the need for Council discretion in making individual
decisions when unusual circumstances existed. It was argued that language providing
Council discretion already existed in the Equestrian Ordinance and that by requiring
that the Council hear disputed grandfather statements, it was implied that
Councilmembers could use their best judgment.
Councilman Stern moved, seconded by Mayor Lyon, to direct staff to prepare an
amendment to the Ordinance to give the City Council the ability to go beyond the
number of large domestic animals allowed if there were unique circumstances., Motion
carried.
It was decided that during a recess, a copy of the ordinance might be located and it
could be determined if this discretion already existed in the code.
RECESS & RECONVENE:
At 8:29 P.M., Mayor Lyon declared a recess. The meeting reconvened at 8:40 P.M.
Council consensus was to have City Attorney Lynch bring back on June 5 the
appropriate language to amend the ordinance to allow Council discretion in making
decisions on disputed grandfather statements and to postpone the decision regarding
Mr. Downhill's property until after the ordinance was amended.
PUBLIC COMMENTS:
Claudia Krikorian, 1821 Paseo Del Sol, Palos Verdes Estates, CA 90274, stated that by
a letter delivered to staff this evening she had filed an appeal to the City to ratify the
Planning Commission's approval of the Montessori School at Golden Cove and that she
was requesting that the appeal be heard at the Council's adjourned meeting on May 23.
She explained that she believed that an appeal was going to be filed to delay the
opening of the school in September 2001 and that an appeal hearing on June 5 would
delay construction. (A copy of Ms. Krikorian's appeal letter is on file with the City
Clark's Office.)
Council discussion focused on the deadline of May 9 to file an appeal of the Planning
Commission's decision and that an appeal submitted right at the deadline would mean
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May 1, 2001
Page 4
that the appeal hearing would be on June 5. It was argued that submitting the appeal
from the applicant this evening would not follow the process.
City Attorney Lynch confirmed that the appeal submitted tonight and one filed even as
late as May 9 would be heard concurrently on May 23 and advised that this item would
have to be added to tonight's agenda in order for the Council to make a decision on Ms.
Krikorian's request for the appeal to be heard on May 23. The City Attorney explained
that this item came to the City's attention after the posting of the agenda, since Ms.
Krikorian filed her appeal today, and there is an immediate need to take action, if the
appeal hearing is to be properly noticed to be held on May 23rd.
Deputy Director Snow confirmed that staff would have sufficient time to provide notice
and prepare a staff report for the May 23 agenda.
Brant Dveirin, Brown, Winfield & Canzoneri, 300 South Grand, Suite 1500, Los
Angeles, CA 90071, attorney representing Claudia Krikorian, stated that he was
sensitive to due process; that he did not believe any rights would be violated; and, that
he hoped the Council to approve Ms. Krikorian's request that the appeal be heard on
May 23: He said that the party they expected to file an appeal was associated with a
competitive school.
Councilman Stern moved, seconded by Councilwoman Ferraro to add this item to the
agenda.
The motion carried on the following roll call vote:
AYES: Byrd, Ferraro, McTaggart, Stern, and Mayor Lyon
NOES: None
Councilwoman Ferraro moved, seconded by Councilman Stern, to hear any appeals on
May 23. The motion carried (4 -1) with Mayor Pro Tern McTaggart dissenting.
Rob Katherman, 18 Rockinghorse Road, representing the Palos Verdes Peninsula Girls
Softball League, requested that the Council start a process for approval of sports fields
at lower Point Vicente Park, noting that the League had made several presentations at
Council meetings. He distributed a packet which showed, among other things, a
diagram of the sports fields superimposed on eight acres of the property. He indicated
that the proposal included a combination of softball, soccer and Pop Warner football
field. He said that he realized there are many steps to the process, including approval
by Los Angeles County who owned the land leased by the City, removal of the lead in
the soil, and a coastal permit.
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May 1, 2001
Page 5
It was argued by Councilman Stern, however, that a wider scope of development
should be considered for this property and that it was not appropriate to begin the
process for one group. Council discussion then centered on the fact that action could
not be taken at this meeting but that the applicant could bring more information to begin
the process.
Monument for Lauren Key at Inspiration Point (1101x305)
Assistant City Manager Petru presented the staff report of May 1, 2001 and the
recommendation to approve a request from Sarah Key -Mayer to place a monument at
Inspiration Point to honor the memory of her daughter, Lauren Key.
Sarah Key - Marer, 8201 Maloy Drive, Huntington Beach, CA 92646, thanked the City
Council and staff and said that the monument means a lot to her.
Lois Larue, 3136 Barkentine, requested that the Council consider a similar request for a
monument to her son who she said discovered the Abalone Cove landslide in 1974 and
indicated that she would be willing to pay for the monument.
Councilwoman Ferraro moved, seconded by Councilman Byrd, to approve the staff
recommendation.
The motion carried on the following roll call vote:
AYES: Byrd, Ferraro, McTaggart, Stern, and Mayor Lyon
NOES: None
Invitation to Join as Parties to Litigation Filed by SCAG (1101 x 1203)
City Manager Evans presented the staff report of May 1, 2001 and the recommendation
to consider the invitation to join as a named plaintiff in a lawsuit filed by the Southern
California Association of Governments (SCAG) against the State Department of
Housing and Community Development (HCD).
Councilman Stern said that he would recuse himself from participating in the discussion
and voting on this item since the law firm at which he is employed is representing
SCAG.
Council discussion centered on the state mandate for cities to provide housing units;
legislation being considered which could result in withdrawal of state funds from cities
which do not have an approved housing element; the state's lack of respect for a city's
general plan; the small group of approximately eight people at HCD who make these
decisions; the lack of cost to the City to join the suit; the possibility of the State's
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May 1, 2001
Page 6
denying approval of the City's housing element should the Council decide to join the
lawsuit; and, what questions the State asked when it returned the City's housing
element.
City Attorney Lynch responded with some of the questions the State had asked and
said that the approval was not based on firm requirements but was a subjective review.
Mayor Pro Tern McTaggart moved, seconded by Mayor Lyon, to join as a named
plaintiff in a lawsuit filed by the Southern California Association of Governments
(SCAG) against the State Department of Housing and Community Development (HCD).
Motion carried 4 -0 -1, with Councilman Stern abstaining.
Storm Drain Presentation (1204 x 604)
Director Allison presented a computer generated visual presentation of the City storm
drains.
ORAL CITY COUNCIL REPORTS:
Mayor Lyon announced the Household Hazardous Waste Roundup scheduled for
Saturday, May 5, from 9:00 A.M. to 3:00 P.M. at City Hall, and that it was free to all
residents of Los Angeles County.
Mayor Pro Tern McTaggart reported on several bills being proposed which could affect
General Plan requirements and state - mandated programs. He asked staff to research
SB 503, AB 1284, and SCA 3 and provide details to the Council so it could respond.
Councilwoman Ferraro added AB 62X to the list to be studied.
Mayor Lyon suggested that staff might provide the website address to each
Councilmember who could then access the bills on the Internet.
RECESS & RECONVENE:
At 10:04 P.M., Mayor Lyon declared a recess to the Redevelopment Agency and
Improvement Authority meetings, and then a Closed Session. The meeting reconvened
at 11:30 P.M.
CLOSED SESSION REPORT:
City Attorney Lynch reported that Council unanimously authorized her office to make
another counter offer to Jim York for the upper Filiorum property.
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May 1, 2001
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ADJOURNMENT: 11:30 P.M.
ATTEST:
CITY CLERK
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