CC MINS 20010515MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MAY 159 2001
The meeting was called to order at 7:08 P.M. by Mayor Lyon at Fred Hesse Community
Park, 29301 Hawthorne Boulevard.
After the Pledge of Allegiance led by Cub Scout Pack 970, Sean Harvey; Brian Stone;
Brian Ball; Paul Ashla; Jacob Eisenberg; Lawrence Liu; and, Magnus Lysfjord, 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;
Director of Recreation and Parks Ron Rosenfeld; City Clerk/Administrative Services
Director Jo Purcell; Associate Planner Schonborn; and, Deputy City Clerk/Recording
Secretary Jackie Drasco.
CEREMONIAL MATTERS:
Mayor Lyon presented a proclamation to Lorraine Donovan, who was named
Outstanding Crossing Guard of the Year.
RECYCLING DRAWING:
Recycling winners from the last drawing were Val Gelineau and Manfred Welsch, who
will each receive a check for $250, which represents a year of free refuse service.
Another card was drawn.
APPROVAL OF AGENDA:
Councilman Byrd moved seconded by Mayor Pro Tern MCTaggart, to approve the
agenda, as presented. Motion carried.
APPROVAL OF CONSENT CALENDAR:
Mayor Lyon requested that the Scout troop number and names of the scouts
performing the flag ceremony be added to minutes and that the item regarding approval
of a temporary lease extension between the City and Montessori School of Rancho
Palos Verdes be removed for discussion.
Councilwoman Ferraro moved, seconded by Mayor Pro Tern McTaggart, to approve the
amended Consent Calendar as follows:
Lois Larue, 3136 Barkentine Road, spoke on the following topics: typographical errors
in the Ocean Trail staff report, expenses for the City's involvement with CMANC, the
cost of utilities for the Montessori School at Ladera Linda Community Center, and
expenses on the register of demands.
Minutes (301) W
Adopted the Minutes of May 1, 2001 Regular Meeting and the Adjourned meeting.
Later in the meeting these minutes were reconsidered. (See Reconsideration of May
1St Regular and May 1St Special Budget Meeting Minutes, Page 8.)
Request for Exoneration of the Landscape Bond for Tract No. 46422 (Requestor:
Silvana Schiappa, E.S. Development, Inc.) (1203x1411)
Released the remaining balance of Bond No. 3SM 761 737 00 for Tract No. 46422.
Time Extension for Vesting Tentative Tract Map No. 50666 (Ocean Trails LP)
(1203 x 1411)
Extended the approval for Vesting Tentative Tract Map No. 50666 for the Ocean Trails
project for one year, until April 15, 2002.
Gifts for Parks (1201 x 602)
Accepted the Gifts for Parks donations and directed staff to prepare letters for the
Mayor's signature expressing the Council's appreciation.
Resol. No. 2001 -38 - Register of Demands (602)
ADOPTED RESOLUTION NO. 2001 -38, 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.
City Council Minutes
May 15, 2001
Page 2
The motion to approve the Consent Calendar carried on the following roll call vote:
AYES: Byrd, Ferraro, McTaggart, Stern, and Mayor Lyon
NOES: None
# # # # # # # # # # # #
Approval of Temporary Lease Extension Between the City and Montessori School
of Rancho Palos Verdes (1201 x 1804)
Director Rosenfeld presented the staff report of May 15, 2001 and the recommendation
to extend the current lease agreement between the City and Montessori School of
Rancho Palos Verdes on a month -by -month basis until their Conditional Use Permit
renewal is reviewed.
Council discussed centered on the suggestion that the expiration of the lease or the
Conditional Use Permit be adjusted so that they both expire at the same time; that the
lease will be submitted to the Council at a later date; and, that approval of this item
allows the school to operate on a month -to -month basis until the Conditional Use Permit
renewal is reviewed.
Councilman Stern moved, seconded by Mayor Pro Tern McTaggart, to extend the
current lease agreement between the City and Montessori School of Rancho Palos
Verdes on a month -by -month basis until their Conditional Use Permit renewal is
reviewed. Motion carried.
PUBLIC HEARINGS:
Resol. No. 2001- 39 - Citywide Landscaping and Lighting Maintenance District
(1204 x 901)
Mayor Lyon opened the public hearing on this proposed levy and collection of
assessments within the Citywide Landscaping and Lighting Maintenance District. 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 May 15, 2001 and the recommendation to
(1) Conduct a public hearing on the proposed levy and collection of assessments within
the Citywide Landscaping and Lighting Maintenance District for fiscal year 2001 -2002
and the Engineer's Report prepared in connection therewith. (2) Adopt the proposed
resolution confirming a diagram and assessment for the 2001 -2002 fiscal year in
connection with the Citywide Landscaping and Lighting Maintenance District pursuant
to the provisions of Part 2 of Division 15 of the California Streets and Highways Code.
City Council Minutes
May 15, 2001
Page 3
Council discussion focused on the fact that the City received no letters in opposition to
this item and that the funds were necessary to maintain lighting and landscaping within
the City.
Lois Larue, 3136 Barkentine Road, spoke in opposition to the assessment and
described its history.
There being no further testimony, Mayor Lyon closed the public hearing.
Councilman Stern - moved, seconded by Councilwoman Ferraro, to ADOPT
RESOLUTION NO. 2001 -39, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES CONFIRMING A DIAGRAM AND ASSESSMENT FOR
THE 2001 -2002 FISCAL YEAR IN CONNECTION WITH THE CITYWIDE
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE
PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND
HIGHWAYS CODE. Motion carried.
REGULAR BUSINESS:
Landslide Moratorium Exception Permit No. 40 (Landowner: Laurie Younggren,
4362 Exultant Drive) (1203 x 1801)
Associate Planner Schonborn presented the staff report of May 15, 2001 and the
recommendation to approve Landslide Moratorium Exception Permit No. 40, allowing
the landowner to proceed with the appropriate applications to request approval for a
597 - square foot garage, 474 - square foot first -story addition, and a 1,251- square foot
second -story addition, for property at 4362 Exultant Drive.
Council noted that this property was not in Zone II and that this approval merely allowed
the applicant the right to apply and did not imply approval for construction.
Councilwoman Ferraro moved, seconded by Mayor Pro Tern McTaggart, adopt the staff
recommendation. Motion carried.
Abalone Cove Beach Improvement Project (11101 x 1201)
Assistant City Manager Petru presented the staff report of May 15, 2001 and the
recommendation to receive and file the project update.
Council discussion focused on state grants which might be available to conduct the
annual tide pool surveys and whether a person was required at the upper lot or whether
an unmanned honor system might suffice, so that there would always be a staff person
City Council Minutes
May 15, 2001
Page 4
at the lower parking lot.
Mayor Lyon moved, seconded by Mayor Pro Tem McTaggart, to (1) receive and file the
update; (2) direct staff to research possible grants for tide pool management; and, (3)
give more consideration to having an automated gate at the upper parking lot rather
than personnel. Motion carried.
Lois Larue, 3136 Barkentine Road, spoke in opposition to this project; said that she was
one of the appellants to the California Coastal Commission; felt that local marine
biologists should be hired instead of a consultant; and, said that this area is within a
slide area although the staff reports that it is not.
Parkland Dedication Fees for Final Parcel Map No. 24679 (Applicant: Ron
Florance) (1203 x 1410)
Director Rojas presented the staff report of May 15, 2001 and the recommendation to
approve parkland dedication (Quimby) fees for Final Parcel Map No. 24679 pursuant to
the City's parkland dedication fee formula in the amount of $18,243.97.
Councilman Byrd moved, seconded by Mayor Pro Tern McTaggart, to adopt the staff
recommendation. Motion carried.
RECESS & RECONVENE:
At 8:00 P.M., Mayor Lyon declared a recess. The meeting reconvened at 8:15 P.M.
Resol. No. 2001 -40 - Purchase of the Barkentine Property (I 101)
Assistant City Manager Petru presented the staff report of May 15, 2001 and the
recommendation to adopt the proposed resolution authorizing staff to proceed with the
purchase of the Barkentine property.
Council discussion centered on the purchase price of the land and revegetation costs
and that approval of this agenda item did not approve the expenditure of the funds but
merely allowed the process to continue forward.
Lois Larue 3136 Barkentine Road, commented that the report was well written and she
discussed past and current conditions in Barkentine Canyon.
Councilman Stern moved, seconded by Mayor Pro Tern McTaggart, to ADOPT
RESOLUTION NO. 2001 -40, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES AUTHORIZING STAFF TO PROCEED WITH THE
PURCHASE OF THE BARKENTINE PROPERTY. Motion carried.
City Council Minutes
May 15, 2001
Page 5
Guidelines for Residential Undergrounding Districts (1204 x 901)
Director Allison presented the staff report of May 15, 2001 and the recommendation to
provide staff with direction on certain policy issues regarding the guidelines for
residential undergrounding districts. Mr. Allison's remarks were augmented by a
computer - generated visual presentation illustrating the proposed procedure and
simulating before and after views.
Council discussion focused on financial risk to the City if an undergrounding process
ends by the district being rejected by the property owners or by the City; the need for a
high percentage requirement for initial interest because homeowners sometimes
change their minds when the realize the cost of undergrounding; unexpected cost
increases caused by unexpected soil conditions, such as bedrock; and, the requirement
for 50% plus one property owner to establish a district.
Representing Berryman & Henigar was Debbie Cobb who described hardship payment
deferred programs for property owners for whom the expense might be impossible.
Further Council discussion included suggestions to provide cost estimates to
homeowners and to lower the initial interest percentage to 65% which would be helpful
in creating a district. The Council also discussed potential delays caused by too many
changes to accommodate individual property owners; increases in costs during the long
period of time required to establish a district; and, the improvement of views and
increase to property values when undergrounding takes place.
Stephen A'Hearn, 28719 Plainfield Drive, representing homeowners in the Los Verdes
area, indicated that there was enthusiasm in his neighborhood for undergrounding and
that out of 160 homeowners, 140 had agreed. He felt that people were willing to work
together and pay the costs and that undergrounding would increase property values.
Arvid von Nordenflycht, 28849 Blythewood Drive, supported the concept and described
efforts 20 years ago to underground his neighborhood. He felt that 80% agreement by
homeowners was too high an expectation, noting that other cities had been successful
receiving only 65% interest initially.
Ms. Cobb stated that a typical district was made up of 50 to 200 homes and the larger
number of households usually resulted in a lower cost to each homeowner.
Council agreed that providing a booklet describing the process and information about
deferred payments, as well as a cost estimate and other pertinent information on the
petition would contribute to the success for forming a district. It was suggested that a
goal of 65% interest be established and that a fee of approximately $100 be collected
City Council Minutes
May 15, 2001
Page 6
from each homeowner who indicated interest. It was noted that costs could be
increased based on terrain, soil conditions, the location of the utility pole, etc.
Mayor Pro Tern McTaggart moved, seconded by Mayor Lyon, to conceptually accept
the guidelines for residential undergrounding districts with the change from 80% to 65%
for required neighborhood petition approval and to approve the expenditure of $20,000
for engineering services to assist property owners through the early stages of the
undergrounding process.
The motion carried on the following roll call vote:
AYES: Byrd, Ferraro, McTaggart, Stern, and Mayor Lyon
NOES: None
Comment Letter to the Regional Water Quality Control Board (1204 x 604)
Director Allison presented the staff report of May 15, 2001 and the recommendation to
(1) Authorize the Mayor to execute a letter to the Regional Water Quality Control Board
outlining the City's concerns with the proposed storm water permit. (2) Authorize the
expenditure of $5,000 with the Coalition for Practical Regulations for legal fees
regarding the new storm water permit.
Council discussion focused on the Board's lack of recognition that all regulations cannot
apply to all Cities, for instance, the requirement to have water percolate through the soil
contributes to the City's landslides.
Councilman Byrd moved, seconded by Councilwoman Ferraro to
(1) Authorize the Mayor to execute a letter to the Regional Water Quality Control Board
outlining the City's concerns with the proposed storm water permit. (2) Authorize the
expenditure of $5,000 with the Coalition for Practical Regulations for legal fees
regarding the new storm water permit.
The motion carried on the following roll call vote:
AYES: Byrd, Ferraro, McTaggart, Stern, and Mayor Lyon
NOES: None
Legislative Bills (1101 x 306)
City Manager Evans presented the staff report of May 15, 2001 and the
recommendation to receive and discuss various legislative bills of interest to the City
Council.
City Council Minutes
May 15, 2001
Page 7
After a discussion of the bills and when and if the Council should take stands on
legislation, Mayor Pro Tern McTaggart moved, seconded by Councilwoman Ferraro, to
direct staff to compose a letter to legislators for the Mayor's signature opposing AB 62X
and AB 14X and to Senator Betty Karnette inquiring how she intends to deal with
California League of Cities opposition to her bill, SCA 3 and to allow Councilmembers to
write letters, if so desired, expressing their own opinions regarding AB 1234 and SB
503.
Change of April 17th Minutes (301)
City Clerk Purcell presented the staff report of May 15, 2001 and the recommendation
to consider Mayor Lyon's request to change the minutes of April 17, 2001 to reflect her
intent that this Ad Hoc committee sunset in December 2001.
Councilman Stern moved, seconded by Mayor Pro Tern McTaggart, to change the
minutes of April 17, 2001 to reflect her intent that this Ad Hoc committee sunset in
December 2001.
Reconsideration of May 1St Regular and May 1St Special Budget Meeting Minutes,
(301)
Council requested reconsideration of the May 1St Regular City Council minutes due to
the corrections listed on the errata sheet distributed by the City Clerk, said correction
pertaining to the discussion under Audience Comments about the proposal to develop a
girls soft ball facility at the Lower Pt. Vicente property. Also, to approve the correction
to the May 1St Special Budget Meeting Minutes.
Councilwoman Ferraro moved, seconded by Mayor Pro Tern McTaggart to reconsider
the May 1St Regular City Council minutes and the May 1St Special Budget Meeting
Minutes. Motion carried.
After discussion of the City Clerk's proposed correction to the May 1St Regular Meeting
Minutes, that portion of the minutes was approved to read as follows: "Councilman
Stern argued, 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
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."
The minutes of the May 1St Special Budget Meeting were approved with the proposed
correction.
Councilwoman Ferraro moved seconded by Councilman Stern to approve the Minutes
of the May 1St Regular Meeting and the minutes of the May 1St Special Budget Meeting
City Council Minutes
May 15, 2001
Page 8
as corrected. Motion carried.
It was noted that with future errata sheets, that the City Clerk inform the Council of the
corrections.
PUBLIC COMMENTS:
Lois Larue, 3136 Barkentine Road, expressed appreciation for removal of the buildings
on Portuguese Point constructed for a movie.
CLOSED SESSION REPORT:
City Attorney Lynch reported that regarding the potential purchase of the Filiorum
property, the Council unanimously directed that there would be no change to the prior
offer to purchase the property; regarding the Los Angeles World Airports lawsuit, the
Council unanimously (with Councilwoman Ferraro absent) directed that the case would
be dismissed, since the desired paperwork was turned over by LAWA; and, regarding
the potential purchase of the Barry Hon property, the Council unanimously directed that
an offer be made.
ORAL CITY COUNCIL REPORTS: Mayor Pro Tern McTaggart reported on the City's
efforts to improve congestion and safety near schools.
ADJOURNMENT: Adjourned at 10:00 on motion of Councilwoman Ferraro, to a Budget
Workshop on Wednesday, May 23, at 7:00 P.M. in the City Hall Community Room.
ATTEST:
CW( CLERK
\ \MASTADON \City Clerk\2001 City Council Minutes \05152001 cc min.doc
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City Council Minutes
May 15, 2001
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