CC MINS 20020521 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MAY 215 2002
The meeting was called to order at 6:00 P.M. by Mayor McTaggart at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, and was immediately recessed to a
closed session per the Brown Act Checklist. At 7:32 P.M., the meeting was
reconvened.
Following 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; Director of Finance Dennis McLean;
Deputy Director of Planning Greg Pfost; City Clerk/Administrative Services Director Jo
Purcell; Senior Planner Kit Fox; and, Dianne McGivern.
RECYCLE DRAWING:
There were two cards drawn to receive a check for $250.00, representing a year of free
refuse service. Last month, there were no winners.
APPROVAL OF AGENDA:
Councilwoman Ferraro moved, seconded by Councilman Clark, to approve the Agenda
as amended. No objections were noted.
APPROVAL OF CONSENT CALENDAR:
Councilman Clark moved for removal of items 3, 4 and 8 from the consent calendar.
Mayor McTaggart indicated discussion of these items after the approval of the Consent
Calendar.
Councilwoman Ferraro moved, seconded by , for approval of the Consent Calendar as
follows:
Minutes (301)
Approved the minutes of the Regular Meeting of April 2nd and the Adjourned Regular
to
Meeting of May 6 with minor corrections.
Crossing Guard Services for the 2002-2003 School Year: Amendment No. 10 to
All City Management Services Contract(301 x 1401)
Authorized the Mayor and the City Clerk to execute Amendment No. 10 to the
agreement with All City Management Services, Inc. (All City), for an amount not to
exceed $8,376.00 to provide crossing guard services at Miraleste Intermediate School
for the 2002-2003 School Year.
Resol. No. 2002-35 -Sewer and Storm Drain Transfer and Bond
Exoneration/Reduction —Tract 45667; Location: PV Dr. So. And Tramonto (1204 x
604)
(1) ADOPTED RESOLUTION 2002-35, A RESOLUTION OF THE CITY COUNCIL
FOR THE CITY OF RANCHO PALOS VERDES, REQUESTING THE BOARD OF
SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT TO
ACCEPT A TRANSFER AND CONVEYANCE OF THE STORM DRAIN FACILITIES
KNOWN AS MTD 1353 IN THE CITY OF RANCHO PALOS VERDES FOR FUTURE
OPERATION, MAINTENANCE, REPAIR, AND IMPROVEMENT AND AUTHORIZE
THE TRANSFER AND CONVEYANCE THEREOF. (2) Authorized the Mayor and the
City Clerk to execute a Quitclaim of Easements for the subject storm drain.
improvements to the Los Angeles County Flood Control District. (3) Authorized Staff to
notify the surety company to exonerate, or reduce as appropriate, the Payment and
Performance bonds upon confirmation from the Los Angeles County Sanitation
Department and Los Angeles Flood Control District that the storm drain and sewer
facilities have been accepted and that maintenance has been transferred to the County.
Acceptance of the Parkland Dedication In-Lieu Fee for Final Parcel Map
No. 19062; Location: 18 Rockinghorse Road (1203 x 1410)
Accepted the parkland dedication in-lieu fee for Final Parcel Map No. 19062 in the
amount of$4,943.05.
Community Development Block Grant (CDBG) Three-Year Cooperation
Agreement (1204 x 601)
(1) Authorized the City of Rancho Palos Verdes to continue its participation in the
Community Development Block Grant (CDBG) Program for Federal Fiscal Years 2003-
2005. (2) ADOPTED RESOLUTION 2002-36, A RESOLUTION OF THE CITY
COUNCIL OF THE CIN OF RANCHO PALOS VERDES APPROVING AND
AUTHORIZING AN AGREEMENT BY AND BETWEEN THE CITY OF RANCHO
PALOS VERDES AND THE COUNTY OF LOS ANGELES TO PARTICIPATE IN THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, HOME INVESTMENT
PARTNERSHIPS PROGRAM, AND ASSISTED HOUSING PROGRAMS. (3)
Authorized the Mayor and the City Clerk to execute the proposed Agreement with the
County of Los Angeles Community Development Commission (CDC).
Resol. No. 2002-37 - Budget Adjustment for California Contract Cities Conference
(1101 x 1102)
City Council Minutes
May 21, 2002
Page 2
ADOPTED RESOLUTION 2002-37, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES APPROVING A $10,000 BUDGET
ADJUSTMENT FOR FY 01-02 TO THE RECREATION & PARKS — SPECIAL EVENTS
PROGRAM FOR EXPENSES ASSOCIATED WITH THE CALIFORNIA CONTRACT
CITIES ASSOCIATION ANNUAL CONFERENCE.
Resol. No. 2002-38 - Request to Extend the Use of Temporary Personnel (1101 x
1202)
ADOPTED RESOLUTION 2002-38, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES REQUESTING THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
(CALPERS) TO APPROVE AN EXTENSION OF ALLOWED EMPLOYMENT FOR A
RETIRED EMPLOYEE PURSUANT TO THE CALIFORNIA GOVERNMENT CODE;
AND, RESCINDING RESOLUTION NO. 2002-21.
Resol. No. 2002-39 - Register of Demands
ADOPTED RESOLUTION NO. 2002-39, 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.
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Rejection of Bids and Request to Readvertise
Staff recommendation was to reject all bids for the maintenance of City owned
parks/trails and authorize staff to re-advertise.
Director Allison introduced reasons as to why the bids were rejected, indicating the
surplus of work over and above keeping grounds neat, i.e., any extra labor for special
projects or special tasks, was not addressed, nor a bid sought for, in the original
requisition of bids. The proposed solution was to declare a place on the applications for
contractors bidding to indicate the price of labor for such undefined items.
Councilwoman Ferraro moved, seconded by , to adopt staff recommendation. Motion
carried.
Commercial Refuse and Collection Agreement with United Pacific Waste (1204 x
1301)
Staff recommendation was to authorize the Mayor and the City Clerk to execute a
Nonexclusive Franchise Agreement for Commercial. Refuse Collection and Disposal
Services with United Pacific Waste to be effective through December 31, 2002, with
amendment to include the five-year notice.
Director Allison responded to inquiry by Councilman Clark regarding the addition of
another waste hauler, with 13 being the current number, as to why there are 13 haulers
currently.
City Council Minutes
May 21, 2002
Page 3
Director Allison pointed out that the City has a history of maintaining a non-exclusive
franchise for solid waste contracts. The indication that anyone possessing a valid
business license and the requisite insurance is permitted to provide commercial solid
waste service.
Director Allison iterated the previous decision by the Council to allow a five-year period
in which commercial solid waste service is provided on a non-exclusive basis. He said
we are two years into this period regarding commercial hauling.
City Attorney Lynch pointed to the law regarding a five-year requirement notice be given
to all commercial haulers advising that said haulers will no longer be able to do
business in the subject area. City Attorney Lynch also indicated that in the contract with
this hauler, United Pacific Waste, provision for those five years to end concurrent with
all other haulers was included, effectively giving this hauler less than a five-year notice.
Councilman Clark inquired as to when in time the Council would be able to consider
inviting new haulers. City Attorney Lynch responded in December 2005, which is four
years after the original notification. A new contract is prohibited until this five-year
period is concluded; however, negotiations taking up to nine months to fulfill, can take
place in the last year of that contract.
Mayor pro tem Stern voiced concern over the fiscal impact, pointing out that the five
percent of the franchise fees; however, indicating that it's the same regardless of which
hauler is involved. Director Allison indicated in the affirmative. Mayor pro tem Stern
indicated that the five percent would end up being lower as a result of the bidders
competitively pricing their service, often only to have the fees for service being lower.
Mayor McTaggart indicated that it would be a positive cash flow, and requesting the
proper reporting desperately needed to get the percentage up.
Mayor pro tem Stern moved, seconded by Councilman Clark, to adopt the staff
recommendation. Motion carried.
Street Sweeping Services for Fiscal Year 2002-2003 (1204 x 1405)
Staff recommendation was to approve a one-year extension to an existing contract for
street sweeping services with R.F. Dickson and Company. (2) Approve a five percent
cost increase for the street sweeping services contract for Fiscal Year 2002-2003.
Councilman Clark made inquiry to Director Allison with respect to granting an unusually
long contract. Director Allison explained that there are very few companies performing
street sweeping activities and also his approval of their services. Reporting is also very
positive. His indication was that there would be a re-advertising of a new contract in
July 2003.
Mayor pro tem Stern moved, seconded by Councilwoman Ferraro to adopt the staff
recommendation.
City Council Minutes
May 21, 2002
Page 4
The motion carried on the following roll call vote:
AYES: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart.
NOES: None
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PUBLIC HEARINGS:
View Restoration Permit No. 118-Appeal (Applicants: Mr. And Mrs. James Beck,
4110 Maritime Drive; Foliage Owner: Ms. Lynn Doran, 4115 Maritime Drive) (1203 x
1806)
Mayor McTaggart opened the public hearing on this request to hear the appeal of View
Restoration Permit No. 118. City Clerk Purcell announced that notice had been duly
published and that written comment letters were distributed to the Council.
Project Coordinator Nelson presented the staff report of May 21, 2002 and the
recommendation to adopt the proposed resolution affirming the decision of the View
Restoration Commission and approving View Restoration Permit No. 118 upon finding
that all applicable findings have been correctly made and all provisions of Section
17.02.040(c)(2) have been complied with.
Ms. Nelson reported the View Restoration Permit No. 118 was presented to the City in
August of last year, there being a stipulation that the meeting was held. At that meeting,
essentially the parties were trying to negotiate in an attempt to reach a settlement
regarding the removal of trees without a formal filing with the city. The indication was
that Ms. Doran was currently re-landscaping her back yard in an attempt to appease
this issue.
Despite their attempts, an agreement was not reached and a formal application was
filed, bringing this issue before the VRC in March of this year. When the application
was originally filed, it was six trees that were creating a problem. She believed that Ms.
Doran removed three trees, indicating that five trees remained. One of the five trees is
an Italian Stone Pine. Pictures were shown to indicate subject tree.
This Italian Stone Pine it was determined was the greatest in terms of view impairment.
However, tree no. 5, the holly tree, was also shown as creating a significant impairment,
and it was ordered that the tree be lowered to the ridge line or the lowest point of the
residence which was indicated in the resolution as the garage.
The foliage owner subsequently appealed its decision, outlining the reasons contained
in the appeal. Without addressing each one individually, Ms. Nelson indicated the staff
contended that there was no basis in support of the appeal and recommended the
Council uphold the VRC's decision.
Mayor pro tem Stern indicated a concern regarding the cost of removal of trees borne
by the foliage owner, suggesting that the applicant perhaps pay for the restoration of
their view. He also addressed the city attorney regarding reimbursement to the foliage
City Council Minutes
May 21, 2002
Page 5
owner by the applicant. City Attorney Lynch indicated that there was nothing that would
require reimbursement for foliage that was "voluntarily" removed.
Councilman Clark disclosed his visit to the site, where he met with both the foliage
owner and applicant. He was informed by the applicant that there had been attempted
informal mediation settlement which fell through, when the number and size of
replacement trees could not be agreed upon.
Ms. Nelson, referencing the staff report, indicated there was discussion regarding those
trees. She mentioned the fact that the trees that are currently not a view imposition will
have to be maintained in order to prevent this type of claim from arising again.
Councilman Clark was also interested in the definition of the "ridge line of the house."
There was discussion of the differences between the ridgeline of the garage and the
ridgeline of the house, which was variable by two feet.
City Attorney Lynch allayed concerns regarding the limitations placed by Prop M when
she suggested that the City Council be allowed to make amendments to the ordinances.
The suggestion was to add the word "significant" to the ordinance. It was determined
that adding the word "significant" was too vague, and invited numerous requests for
small amounts of foliage to be ordered removed.
City Attorney Lynch offered that in disputes regarding privacy versus view restoration, it
is often not the privacy that is the issue, but that of the significant view.
Mayor McTaggart added that the reason "significant" was added was so that the VRC
would have a tool to work with. Councilman Gardiner suggested discussing the issue of
"significant" on another day, with Councilman Clark in agreement.
There was discussion regarding the removal of various trees and what would be left vis-
a-vis the view.
Councilman Gardiner and Ms. Nelson debated the meaning of the word "ridgeline of the
house." .There was discussion of the attached garage, which is two feet taller than the
house, being the ridgeline. Mayor McTaggart suggested this be clarified at a
subsequent time.
Mayor pro tem Stern raised a question with regard to the entry of Mr. Alberio not
reviewing the materials that had been presented by the foliage owner as a result of not
having his glasses. Ms. Nelson indicated that while the staff exercised their right not to
have the information read again, they did read it independently. Although Chairman
Alberio did not read the information, he participated in the hearing.
Jim Beck, 4110 Maritime Drive, presented slides of the obstructed view from his dining
room as well as his kitchen.
His presentation was interrupted by the Council's discussion regarding removal of Tree
No. 2 becoming a "blocker."
City Council Minutes
May 21, 2002
Page 6
Mr. Beck continued his presentation of slides, pointing out the view of the shoreline in
question, the view referred to as the "white water" view. He then moved on to slides of
the view taken from his living room. There was more discussion between Councilman
Clark, and Mayor McTaggart regarding the issue of the ridgeline of the house vis-a-vis
the roof.
Mr. Beck proceeded to address the ridgeline. He quoted from Proposition M, spurring
discussion regarding the ridgeline, and was it applicable to the entire structure or just
the main residence.
Mr. Beck continued his remarks by stating that both his wife and himself applaud the
passing of Proposition M. He encouraged the Council to deny the appeal, as there was
a unanimous decision. He stated their application is clear in its request and fulfills every
point of the law and guidelines. He indicated that the appeal is unfounded, contending
that the VCR made mistakes in finding views and viewing areas, the viewing area has
already been established on some multicomponent view, and that the VRC abused its
discretion in establishing a remedy that was within the law.
Mr. Beck further addressed the replacement of the trees with three 24-inch box trees,
indicating that that will provide more privacy than the current trees. He again provoked
discussion regarding the ridge line, and that the two-foot difference between the garage
and the main residence, assuming the Council allowed the ridge line to be the garage at
15 feet, would impair his white water view.
Mr. Beck finally, in answer to Councilwoman Ferraro, indicated that he would like the
Council to uphold their decision with two conditions; first, to approve the ridge line
definition as that of the primary residence; secondly, that Item No. 2 on Exhibit "A" of
VRC Resolution No. 2002-04 should include all of the trees.
Mayor pro tem Stern inquired of Ms. Nelson what was done with Trees 2, 3 and 4. Ms.
Nelson pointed out that they were insignificant as long as they were maintained.
Mr. Beck, in opposition, explained that Tree 2 is only two feet shorter than Tree 1, and
that it poses a threat as well.
Peggi Collins, 5411 Manitowoc, Rancho Palos Verdes, counsel for Ms. Doran, spoke in
her behalf, indicating that the reason for the appeal is that Ms. Doran did not feel she
received a fair hearing. Indicating that Mr. Alberio did not have his glasses on for the
reading of the information submitted by Ms. Doran; also that they believe there are
some ambiguities in the interpretations of the language that are in the guidelines as
opposed to the ordinance. Ms. Collins opined that the obstruction being claimed by the
Becks is only on one end of a 180-degree view; that, in fact, it is only a small amount of
impairment.
To Mayor pro tem Stern's question as to whether they should decide based on a
person's total view as a percentage, the response by Ms. Collins was that the only view
impairment that the Becks suffered was that of one only enjoyed while standing up in
the kitchen. She compared that to an illustration of protecting 180-degree views; that
the Council will have to contend with someone who has a four-sided home hoping to
City Council Minutes
May 21, 2002
Page 7
protect their 360-degree view. She pointed out that the Italian Stone Pine was a
protector of Ms. Doran's privacy.
Ms. Collins indicated that a portion of the package for the Council's review was omitted
until shortly before this meeting commenced and would not oppose a continuance in
that regard.
Lynn Doran, 4115 Maritime Drive, owner of the foliage, indicated that the Italian Stone
Pine was 30 to 40 years old; that it is an integral part of her landscaping which provides
privacy and shade for her front yard and home, and also beauty for the neighborhood.
She outlined the different trees that were sacrificed at her expense for the sake of the
Italian Stone Pine.
Ms. Doran requested that if the appeal should be denied and the Beck's application
upheld, that she be allowed to replace the Italian Stone Pine with two 36" box trees to
replace the Italian Stone Pine and one 24" box tree to replace the holly.
Inquiry from Mayor McTaggart revealed that the Italian Stone Pine has never
accomplished any damage, with the Mayor indicating the contrary; that is, his Italian
Stone Pine had done considerable damage to his home. Again, Ms. Doran affirmed
that she has had no problems.
Councilman Clark moved, to continue the matter until all council members have an
opportunity to visit the site, visually assessing it, and then pick up the decision process
on June 18th at Miraleste. Mayor pro tem Stern seconded the motion.
Councilman Gardiner added to the motion that the word "significant" is revisited before
the decision is made. Mayor pro tem Stern pointed out that amending the ordinance
was not agendized, only the appeal pending. Councilman Gardiner proposed to add it
as a second agenda item to which there was no objection. Motion carried.
PUBLIC COMMENTS
Albert Roman of Palos Verdes Peninsula, and Amy Lynn from Rancho Palos Verdes,
invited everyone to watch a free demonstration of Chinese Falun Gong techniques at
the Memorial Day Celebration in Hermosa Beach.
Ocean Trails — Report
Mayor pro tem Stern described the meeting that he and Councilman Clark attended that
morning. He indicated that the Council will be receiving a copy of the package of
materials that were distributed at that meeting, and should be included in the weekly
report submitted by City Manager Les Evans.
The information contained references to the contractor being contacted and given
permission t0 resume work on the remediation of the landslide. Also discussed at that
morning's meeting was the rebuilding of Palos Verdes Drive South. Without delving into
detail, indicated that it was to be a long and drawn out process. He encouraged various
types of communication so as to keep the residents informed, e.g., a dial in number, for
City Council Minutes
May 21, 2002
Page 8
people to receive updates on the construction. A Web page was suggested for
residents to keep updated.
Councilman Clark indicated that the team of peoples now serving this project are eager
and have "hit the ground running."
Mayor McTaggart shared that he attended a meeting last week on the subject of using
landfill for a golf course. The gist was that everything done there would be consistent
with safety. Another issue brought up at that meeting was the equestrian emergency
response team training that takes place up in Calabasas. It is a two-hour ride, and the
equestrians that are interested in being involved would like to see the trainers brought
down here since 17 of them commute to Calabasas. Mayor McTaggart indicated that a
fee was paid to County Animal Control and also for liability insurance, the money
staying with the county, so they ought to be able to find the funding to do that.
Councilman Gardiner reported that Jim Stahl, Sanitation Chief Engineer, was kind
enough to have himself and two members of his staff available. Councilman Gardiner
went over and exchanged information, things that have been reported to him as areas
of concern he passed along. Mr. Stahl wanted from an engineering perspective to get
as much factual information and address as many of the factual concerns that he could.
Councilman Gardiner expressed concern over the kids in Rancho Vista and their safety.
Councilman Clark briefly reported on his trip to Sacramento to attend the League of
California Cities Technology Committee, of which he is a member. It was formed
basically to look at how to bring the cities of California into leveraging the electronic and
information technology across the state being utilized by various cities to the various
other cities. The committee about a month and a half ago put out a technology survey
to all the county and city managers in the state receiving an impressive return rate of
city managers and council members. Councilman Clark encouraged the Council
members that have not yet had a chance to respond to please take time to return their
surveys, indicating that the cut-off date was extended until the end of May.
Councilman Clark indicated an exhibition at the Forum of this information technology.
He suggested or proposed that this Council showcase the video streaming of council
meetings on the website. He indicated excitement was expressed.
Moving on, May 15th and 16th were legislative action days, where city, county and
special districts made a collective presence to the May Revised Governor's Budget and
the concern that the local officials have elected officials over the potentiality of taking
from the municipalities and counties to resolve the deficit. He pointed out the deficit of
23.6 billion dollars this year, and as such the City's interests will be at stake. There
was a group of elected officials from South Bay that attended; three from Rolling Hills
Estates were included.
Although Senator Vincent was not present, his Chief of Staff was, and an invitation was
extended for them to visit our city soon. There was mention of acquisition of open
space in the Portuguese Bend. There was also indication that this was a focused area
that would be of regional interest to the Senator.
City Council Minutes
May 21, 2002
Page 9
Mayor McTaggart ordered that a letter prepared by the City Clerk with an invitation to
the 4th of July festivities is forwarded.
Mayor McTaggart announced that the Independent Cities had invited him as incoming
President of the Contract Cities Association to their conference to be held on July 11-14
in Rancho Bernardo, San Diego County. The Contract Cities will be paying for his hotel
room, and the $650.00 cost of the conference is also waived. The only cost incurred
will be mileage.
RECESS AND RECONVENE
At 8:00 P.M., Mayor McTaggart recessed the meeting, and he reconvened the meeting
at 8:10 P.M.
REGULAR BUSINESS
Appointment of Members to the Recreation & Parks Committee and Appointment
of a Chair for the Equestrian Committee (301 x 106)
City Clerk Purcell presented the May 21 staff report and the recommendation: (1)
Appoint seven members to the Recreation & Parks Committee: Four members with a
term of office until March 7, 2006; and, three members with a term of office until March
27 2004; and (2) Set 6:00 P.M. Tuesday, June 4th as the date to interview appointees for
the position of chair for this board. (3) Appoint a chair for the Equestrian Committee.
Discussion was held as to the induction of a task force, to be voted on this evening, and
for such task force to have a tenure of one year. Decision was made to appoint Carol
Hildreth as Interim Chair.
The votes cast for the candidates as members to the Equestrian Committee were as
follows:
Mayor McTaggart— Charlene O'Neil
Mayor pro tem Stern — Charlene O'Neil
Councilmember Clark— Charlene O'Neil
Councilwoman Ferraro — Richard Bara
Councilman Gardiner— Richard Bara and Charlene O'Neil as co-chairs
Charlene O'Neil was selected as the new Equestrian Committee Chair.
Equestrian Committee Report on a Possible City Equestrian Facility ('1203 x 1808)
Charlene O'Neil introduced Don Burt, outlining his various accomplishments and
appointments among the equestrian community.
Mr. Burt acknowledged all members of Council, and indicated that he has lived in
Portuguese Bend for 40 years. Mr. Burt advised that there are about 200 horses living
City Council Minutes
May 21, 2002
Page 10
in the Portuguese area alone. With the help of the handout submitted, the proposal in
Mr. Burt's opinion is viable.
The cost to the City will be limited to donating land and providing necessary insurance
for the City's protection.
Mayor pro tem Stern inquired about the availability of land, to which Mr. Burt responded
that there are parcels that have been chosen as possible locations.
Mr. Burt asked the Council if there was interest in the project and should he research in
more detail what is required. All Councilmembers indicated an interest.
Roadside Maintenance Contract (1204 x 1405)
Councilman Gardiner moved, seconded by Councilwoman Ferraro, to waive the staff
report. Motion carried.
Councilman Gardiner moved, seconded by Councilwoman Ferraro to adopt the staff
recommendation: (1) Award a three-year contract for roadside maintenance services to
U.S. Landscape, Inc, in an amount equal to $156,000. (2) Authorize the Mayor and City
Clerk to execute a contract with U.S. Landscape, Inc. (3) Authorize the expenditure of
up to $194,200. for Fiscal Year 2002-2003.
Motion carried on the following roll call vote:
Ayes: Ferraro, Stern, Gardiner, Clark & Mayor McTaggart
Noes: None
Residential Solid Waste and Recycling Rate Adjustments for the Fiscal Year 2002-
2003 (1204 x 1301).
Councilman Gardiner moved, seconded by Councilwoman Ferraro, to waive the staff
report. Motion carried.
Councilwoman Ferraro moved, seconded by Mayor pro tem Stern, to adopt the staff
recommendation: (1) Maintain the current monthly residential solid waste and recycling
rates for Waste Management of Los Angeles and Ivy Rubbish Disposal during FY 02-
03. (2) Apply the estimated $18,480 excess collection due from the Waste
Management of Los Angeles contract for the period of July 1, 2002 through June 30,
2003, to offset any future rate increases. (3) Request the Director of Finance to
establish a new account in the Solid Waste Fund to deposit excess collection from the
Waste Management of Los Angeles contract.
Recreational Vehicle Street Parking and Residential Storage (1203 x 1502)
Director Rojas presented the staff report of May 21 and the recommendation to provide
staff with direction as whether to initiate any code amendments to address the issues
associated with RV parking and storage on public streets and private property. He
City Council Minutes
May 21, 2002
Page 11
reported that the genesis of this agenda item was the result of letters that were received
by staff early this year, complaining about R.V. parking on the streets and R.V. parking
on private property. He outlined two issues.
One, the Code currently requires that no vehicle remain on the street beyond 72 hours.
The residents have shown that the other cities on the Peninsula maintain stricter
requirements, e.g., Rolling Hills Estates prohibits overnight parking of R.V.'s on the
streets.
The Code allows R.V. parking on private drives providing it is on a legally paved
surface. They also have prohibition vis-a-vis the distance an R.V. must be from an
easement, and that parking will only be allowed in the front yard if the back yard lacks
sufficient space.
Mr. Rojas indicated that the City of Costa Mesa recently attempted stricter regulations
for R.V.'s. Mayor McTaggart offered that it would result in a room filled with people who
use R.V.'s as their only means of transportation. This concern especially is relevant to
those living in condominiums where parking is limited.
Councilwoman Ferraro expressed concern over R.V.'s being parked around curves and
indicated an inherent danger in that children playing cannot be seen when driving
around an R.V.
Tom Dosdall, 3534 Hightide Drive, discusses a new type of view impairment. His
indication that he lives next door to a 31-foot camper permanently parked in the front
yard is an imposition on his view. Mr. Dosdall circulated pictures showing the camper.
Mr. Dosdall indicated that the owner of the camper merely moves it every 72 hours just
a couple of feet to avoid an infraction. He also pointed out that a petition was circulated
around the neighborhood that gathered numerous signatures. The petition was then
sent to the Sheriff's office. Unfortunately, there were loopholes that the owner of the
camper was able to assert.
Mr. Dosdall indicated that the owner has the camper plugged into electrical outlets and
is currently using it for an office.
Councilwoman Ferraro inquired into changing the Code. City Attorney Lynch indicated
that the Code can be changed, or rewritten, to reflect different ways of dealing with this
issue.
Tom Redfield, 31273 Granada Drive, encouraged the Council to get homeowners
involved. He also supported active participation on the part of the city to strictly enforce
new ordinances referencing either R.V.'s or unwanted, parked cars.
Mayor McTaggart brought to the attention of the Council that among these unwanted
parked cars are gardeners who park their trucks in one place, fill them with debris,
which could take up to three weeks, and then empty them once they are full. He
indicated getting the Sheriff involved, after which he has not observed those gardeners
again.
City Council Minutes
May 21, 2002
Page 12
Mayor McTaggart proposed a parking permit, to which Councilman Gardiner agreed
there would be some control in that the permit could be revoked in the absence of
compliance with the code.
Don Shults, 212 Velez Drive, Rancho Palos Verdes, introduced the idea of using
unoccupied land to house R.V.'s that have no legal parking.
Mayor McTaggart supported the idea, that it would be a viable business.
Councilman Clark moved, seconded by Councilman Gardiner, that this area of review
be remanded to the Planning Commission as an area to explore possible revisions to
the code. Motion carried.
Letter of Support for 1-405 Arterial Improvement Initiative (1101 x 306)
Councilman Gardiner moved, seconded by Councilwoman Ferraro, to waive reading the
staff report and adopt the recommendation to support the request for$750,000 in the
FY02-03 transportation appropriation bill for the South Bay 1-405 arterial improvements
initiative. Motion carried.
Palos Verdes Peninsula Transit Authority (1101 x 1505)
City Manager Evans presented the staff report of May 21, 2002 and the
recommendation to consider the Palos Verdes Peninsula Transit Authority program to
install surveillance cameras in certain buses and advise the City Council
representatives to the Transit Authority on whether or not to support the practice when
consideration of the issue is before the Authority Board.
Councilman Gardiner addressed surveillance cameras on buses. There was an
indication that the cameras were installed on Bus No. 1022 after they had experienced
several acts of vandalism. It being a large bus, it was difficult to monitor the
passengers' activity in the rear of the vehicle. The system is installed next to the driver
and faces the rear of the vehicle, and includes an audio recording. The system was
installed in September 2001 and has been in operation since then. Videotapes are
changed every day and kept in the Authority's office, where they may be reviewed. The
law firm of Richards, Watson & Gershon advised that the system is allowable under
state and federal law, with a recommendation of appropriate signage to be installed on
transit vehicles.
Council also recommended against publicly showing any videotapes as it would invade
the public's right to privacy.
There currently is a request to install surveillance cameras on three more buses.
Councilman Gardiner proposed alternative solutions. One would be to offer a reward to
those who find people vandalizing buses. Another is to inspect the seats at the end of
every workday. A third is to issue seat assignments.
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May 21, 2002
Page 13
Mayor McTaggart expressed grave concern over taking pictures of people without their
permission, and the accompanying liability should the system fail.
Councilwoman Ferraro advocated the use of surveillance cameras indicating that all
those who ride the bus will know that it is there; including, but not limited to, the parents
of children who ride the bus. She also pointed out the decline in vandalism since the
video surveillance was installed; that it acts as a deterrent.
Councilman Gardiner, together with Mayor McTaggart, expressed that video
surveillance should be employed as a last resort. Mayor pro tem Stern and
Councilman Clark agreed that we live in a world of surveillance; that it is present at City
Council meetings, banks, convenience stores, and that we are even being watched from
space.
Councilman Clark moved, seconded by Councilman Gardiner to request information
from the Transit Authority about alternatives they have evaluated to the use of cameras
so that these studies may be evaluated by the council and a subsequent decision about
the suitability of using surveillance cameras in PV Transit busses. Motion carried.
School District Liaison (1101 x 1401 x 306)
City Manager Evans presented the staff report of May 21, 2002 and the
recommendation to consider the appointment of a City Council liaison committee to
meet with a similar committee representing the Palos Verdes Peninsula Unified School
District or select some potential dates in July and August for a joint meeting of the City
Council and the School Board.
Mr. Evans relayed the desire of the school district to meet with the council to discuss
items of mutual interest. At this point, they are otherwise engaged as it is near the end
of the school year. They also proposed forming a committee, with two members from
each entity. Mayor pro tem Stern suggested that given the importance of the issues it
would be better to conduct a meeting involving all members of the City Council.
Councilman Clark agreed.
Mayor pro tem Stern moved, seconded by Councilman Clark, to bring everyone's
calendars to the next meeting to schedule time with the school district.
League of California Cities Membership (1101 x 1102)
City Manager Evans presented the staff report of May 21, 2002 and the
recommendation to consider Councilmember Gardiner Is proposal to withdraw from
membership in the League of California Cities.
Councilman Gardiner expressed belief in withdrawing from the League of California
Cities, indicating that Rancho Palos Verdes is now going to pay over $11,000 per year
and has no decision making voice in the League. He stated that the league has all sorts
of studies and committees and training programs. But on the most important issue to
come before the League — protecting local city revenues from theft by state -- they
folded. In order to balance the state budget and fund the mess they have made in
City Council Minutes
May 21, 2002
Page 14
Sacramento, the state is going to take everything they can from the local governments
and the only way to stop this is to pass a constitutional amendment by initiative to
prevent it. The league had such an initiative prepared and ready to go. Evidently, the
league decided not to pursue this course of action in the coming election after taking
polls and talking with consultants. Gardiner stated his views that this is not leadership.
This is quitting when we most need the leadership to protect cities. The league should
decide what is best for cities and then pull out the stops to make it happen. If they won't
take a strong position on this most important issue, why bother to belong. His additional
concern was that with the election coming up, the State of California is cooperating now;
however, post election is when we will see them "stealing" our money to balance the
budget they made a mess of.
Councilman Clark proposed that the Council remain in the League of California Cities,
claiming that having a collective voice with the neighboring cities would be more
effective than dropping out of the League. Councilman Clark also opined that getting
appointments on meaningful committees is significant in changing policy.
Mayor pro tem Stern concurred with Councilman Clark that an aggressive role is more
effective, as the league is the most influential entity in representing cities.
Mayor McTaggart offered an experience he had with the League supporting him and his
belief that it is important to stay allied with the League.
Councilman Gardiner maintained his position.
Councilwoman Ferraro advised that withdrawal from the League will not stop the State
of California from taking our money. She expressed that you can't change
organizations from the outside; rather, being involved from the inside is the way to make
changes.
Tom Redfield, 31273 Granada Drive, complimented the Council on their excellent work.
He continued by pointing to problems with sister cities. He also expressed his
communion with Councilman Gardiner and warned about putting effort into
organizations that aren't fruitful. However, he agreed that you cannot change things
from the outside and proposed to allow Councilman Clark a chance to become involved
and see where we are a year from now.
League of California Cities Resolution (1101 x 310)
City Manager Evans presented the staff report of May 21, 2002 and the
recommendation to consider Councilmember Clark's proposal to submit a resolution to
the League of California Cites for consideration at the annual conference in October.
Councilman Clark spoke on the issue of undergrounding the whole city, by allowing the
League of California Cities to negotiate with the utility companies in terms of paying the
costs for underground utilities.
Mayor McTaggart expressed agreement with Councilman Clark.
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May 21, 2002
Page 15
Councilman Clark moved, seconded by Councilwoman Ferraro, to approach the League
regarding this agenda item. No objections noted.
Los Angeles County West Vector Control District (306 x 801)
City Clerk Purcell presented the staff report of May 21, 2002 and the recommendation
to determine who is to be the City's representative to the Vector Control District Board
for the new term of office beginning June 26, 2002.
Mayor McTaggart expressed his chagrin at retiring this position. Mayor pro tem Stern
indicated that the position should be rotated, as Mayor McTaggart has served for eight
and a half years.
Mayor pro tem Stern queried Mayor McTaggart regarding the position and what it
involves. Mayor McTaggart explained that the various pests, including mosquitoes,
black flies, Africanized bees, and imported fire ants, etc. The Mayor indicated that L.A.
County is looking for a way to deal with these pests. He is willing to fill the position
again.
Mayor pro tem Stern, indicating all due respect to the Mayor, indicated that there has
been a lack of information brought back to the Council regarding this issue. The Mayor
outlined several things, including brochures and a website, that he has shared with the
Council. There was discussion about the various terms of offices.
Councilman Clark inquired of the Council if any was interested in serving. There was a
negative response from all.
Councilwoman Ferraro moved, seconded by Councilman Gardiner, to maintain the
appointment of Mayor McTaggart to the Los Angeles County West Vector Control
District. Motion carried.
ADJOURNMENT:
The meeting was adjourned at 11:22 P.M. on motion of Mayor McTaggart.
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City Council Minutes
May 21, 2002
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