CC MINS 20001003MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
OCTOBER 3, 2000
The meeting was called to order at 6:00 P.M. by Mayor Byrd at Fred Hesse Community
Park, 29301 Hawthorne Boulevard and was immediately recessed to a closed session
per the Brown Act Checklist. At 7:07 P.M. the meeting reconvened. After the Pledge of
Allegiance, roll call was answered as follows:
PRESENT: Lyon, McTaggart, Stern, and Mayor Byrd
LATE ARRIVAL: Councilwoman Ferraro at 7:12 P.M.
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, Building, and Code Enforcement Dave Snow; Senior
Administrative Analyst Lauren Ramezani; Sr. Administrative Analyst Gina Park; and,
Deputy City Clerk/Recording Secretary Jackie Drasco.
RECYCLING DRAWING:
There was no winner from the last drawing. Another two cards were selected.
At 7:12 P.M., Councilwoman Ferraro arrived at the meeting.
APPROVAL OF AGENDA:
Mayor Byrd suggested that the Redevelopment Agency meeting be held at
approximately 8:00 P.M. for the presentation by Dr. Robert Douglas and Dr. Chris Hill.
Mayor Pro Tern Lyon moved, seconded by Councilman Stern, to approve the agenda
as amended. Motion carried.
Deputy City Clerk Drasco described additional information related to the Peafowl Study,
item and to the Public Works Department Software item which was distributed to the
Council.
City Attorney Lynch explained that the Peafowl Service Agreement Amendment clarified
that Dr. Francine Bradley was the consultant staff was recommending to conduct the
peafowl study for the City.
APPROVAL OF CONSENT CALENDAR:
Lois Larue, 3136 Barkentine Road, stated that the register of demands was hard to
understand and that the Planning Commissioners should receive an increase in their
expense allowance instead of the Council.
Robert Lusian, 32735 Seagate Drive, Unit G, discussed Ordinance No. 360 and
Resolution No. 2000 -63 regarding the property at 42 Seacove Drive, summarized his
thoughts about the approvals. He said that he had photographs which were not
available at the last hearing and he had not realized that the Council had made a
decision at the last Council meeting regarding this project.
Councilwoman Ferraro moved, seconded by Mayor Pro Tern Lyon, to approve the
Consent Calendar 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.
Claim Against the City by Brett and Suellen Walker (301 x 303)
Rejected the claim and directed the City Clerk to notify the claimant.
Acceptance of the Various Bonded improvements Associated with the
Development of Tract 46651 (Seabreeze) (1204)
(1) Accepted as complete the bonded improvements, as outlined in the staff report, in
accordance with the subdivision agreement for Tract 46651 with Rancho Palos Verdes,
L.L.C. c/o Pacific Heritage Homes, Inc. (2) Approved the reductions of the various
faithful performance bonds, in accordance with subdivision agreement, as outlined in
the staff report. (3) Authorized the City Clerk to inform the bonding company of the
partial reductions of the various faithful performance bonds. (4) Approved a License
Agreement and Encroachment Permit with the homeowner's association known as the
Seabreeze Palos Verdes Maintenance Corporation for maintenance of the entry
median and roadway paving stones and authorize the Mayor and City Clerk to execute
the Agreement.
Ordinance No. 360 and Resolution No. 2000 -63 - Height Variation No. 905, Grading
Permit No. 2195, Minor Exception Permit No. 567, Site Plan Review No. 8839,
Coastal Permit No. 164 and Zone Change No. 29; 42 Seacove Drive (1203 x 1801)
(1) ADOPTED ORDINANCE NO. 360, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING THE CITY'S OFFICIAL ZONING MAP WITH THE
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October 3, 2000
Page 2
SEAWARD ADJUSTMENT OF THE COASTAL SETBACK LINE TO THE TOP OF THE
BLUFF. (2) ADOPTED RESOLUTION NO. 2000- 63, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS CONDITIONALLY APPROVING THE
DEMOLITION OF AN EXISTING 5,283 SQUARE FOOT SINGLE - FAMILY RESIDENCE
FOR THE CONSTRUCTION AND RELATED GRADING, OF A NEW 9,244 SQUARE
FOOT, TWO- STORY, SINGLE - FAMILY RESIDENCE ON PROPERTY LOCATED AT
42 SEACOVE DRIVE.
Resolution No. 2000 -64 - Appeals (York and Strauss) of Conditional Large
Domestic Animal Permit No. 1 (1203 x 1808)
ADOPTED RESOLUTION NO. 2000 -641 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS UPHOLDING THE STRAUSS APPEAL AND
DENYING THE YORK APPEAL, AND THEREBY OVERTURNING THE EQUESTRIAN
COMMITTEE'S DECISION TO CONDITIONALLY LARGE DOMESTIC ANIMAL
PERMIT NO. 1.
Resolution No. 2000 -65 - Update to the City's Conflict of Interest Code —
Amendment to Designated Positions and Legislative Changes (301 x 1202)
ADOPTED RESOLUTION NO. 2000 -651 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES ADOPTING A CONFLICT OF INTEREST
CODE WHICH INCORPORATES BY REFERENCE THE STANDARD CONFLICT OF
INTEREST CODE PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION
AND REPEALING RESOLUTION NO. 97 -22.
August 2000 Treasurer's Report (602)
Received and filed.
Resolution No. 2000 -66 - Register of Demands (602)
ADOPTED RESOLUTION NO. 2000 -66, 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: Ferraro, MCTaggart, Lyon, Stern, and Mayor Byrd
NOES: None
# # # # # # # # # # #
City Council Minutes
October 3, 2000
Page 3
REGULAR BUSINESS:
Fiscal Year 2000 -2001 Diversion Program Additions (1204 x 1301)
Senior Administrative Analyst Ramezani presented the staff report of October 3, 2000
and the recommendation to (1) Consider the recommendations proposed by staff to
improve residential solid waste diversion. (2) Consider the recommendations proposed
by staff to improve non - residential solid waste diversion. (3) Authorize the Director of
Public Works to carry out the programs in the fiscal year 2000 -2001.
Council discussion centered on the importance of receiving input from businesses,
particularly those which are significant waste generators; and, determining the diversion
programs that businesses may already have in place.
Jaime Lazano; Huls Environmental, described the city of Carson's experience with the
audit program. He said that there are businesses which have found diversion to be
profitable; that businesses sometimes work together to reduce time to research
diversion methods; that some businesses are composting and others are diverting
excess food to the homeless through non - profit organizations; and, that some grocery
stores are sending cardboard boxes back to a central location so there is no credit to
the City for this "backhauling" but that there are methods to quantify this for
extrapolation.
Council discussion focused on paper recycling at schools; means to educate families
about diversion through the schools; methods of determining percentages of trash,
green waste, and recycling; the appropriateness of using the Solid Waste Fund for
diversion program expenses; the unnecessary expense to residents to have only a
licensed hauler take construction debris to a dump site; an alternative requirement that
contractors provide a receipt from dump sites before a final building permit is issued;
the fact that some residential improvements do not require a building permit; and, the
separation of construction debris that is sometimes required for recycling.
Dale Hanks, 5225 Middlecrest Road, said that he hires tree trimmers twice a year and
hoped that a process could be established so that the City could obtain credit for major
yard cleanups such as this.
Additional Council discussion centered on the possibility of providing a chipper and
dumpsters at City Hall for residents and their gardeners to divert green waste. It was
noted that the contract with Waste Management provides that dumpsters at City Hall
are emptied free of cost and that the city of Rolling Hills Estates is currently using
chippers as they trim trees and placing the chips in medians.
Upon completion of Council discussion of each staff recommendation, Councilman
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October 3, 2000
Page 4
McTaggart moved, seconded by Councilman Stern to: (1) Approve all staff
recommendations to improve residential solid waste diversion. (2) Approve, reject, or
change staff recommendations to improve non - residential solid waste diversion
recommendations as follows: approve issuing notices of non - extension to all non-
residential haulers; direct staff to prepare an ordinance to assess monetary penalties on
non authorized non - residential haulers; approve apprising contractors as to the
availability of Chandlers Inert Landfill; direct staff to. contact 62 businesses to begin the
audit process and report back to the Council; approve combining NPDES on -site
stormwater related inspections with recycling inspections and public education; reject
the mandate that removal of debris from construction and demolition sites shall be
performed only by licensed haulers; approve increased public education at schools;
approve the requirement that to be eligible for a beautification grant, a school must
have a paper recycling program in place; and, approve an audit of non - residential
haulers' records on a contingency basis. (3) Authorize the Director of Public Works to
carry out the programs in the fiscal year 2000 -2001. Motion carried
RECESS & RECONVENE: Adjourned to RDA meeting at 8:23 P.M. and reconvened
the City Council meeting at 9:10 P.M.
AUDIENCE COMMENTS:
Lois Larue, 3136 Barkentine Road, expressed interest in the process to set term limits
for Councilmembers.
Peafowl Population Assessment Service Contract (1101 x 104)
Sr. Administrative Analyst Park presented the staff report of October 3, 2000 and the
recommendation to approve execution of the professional services agreement with the
University of California Davis for Dr. Francine Bradley, poultry specialist, to assess the
peafowl population, provide information on peafowl behavior to the community, and
recommend population control options for the City. She noted that an amended
agreement had been distributed to the Council prior to the meeting.
Councilman Stern moved, seconded by Councilman McTaggart to adopt staff
recommendation with the amended agreement.
The motion carried on the following roll call vote:
AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
NOES: None
FAA Aviation Noise Abatement Policy 2000 (1101 x 1505)
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October 3, 2000
Page 5
Sr. Administrative Analyst Park presented the staff report of October 3, 2000 and the
recommendation to consider endorsing a letter of comments on the FAA Aviation Noise
Abatement Policy prepared by Chevalier, Allen & Lichman on behalf of the City.
Council discussion focused on the acceptability of the letter except for references to
specific problems Rancho Palos Verdes residents have had, specifically noise from
turbo prop aircraft; the suggestion that the Mayor sign this letter but that an additional
letter_be prepared by staff and signed by the Mayor listing the City's additional, more
specific complaints. It was argued, however, that an attorney should compose the
letter.
Councilwoman Ferraro moved, seconded by Mayor Pro Tern Lyon, to endorse the letter
prepared by Chevalier, Allen & Lichman and to have staff compose an additional letter
for the Mayor's signature addressing Rancho Palos Verdes' specific aircraft noise
problems. Motion carried.
Proposed Acquisition of the Tidemark Solutions Permit Tracking System (1203 x
602)
Deputy Planning Director Snow presented the staff report of October 3, 2000 and the
recommendation to (1) Proceed with the acquisition of the Tidemark Solutions permit
tracking system. (2) Postpone historical permit input, treating it as a separate, future
work effort. (3) Implement a $3.00 data processing fee on all permits. (4) Authorize the
Mayor and the City Clerk to execute the necessary license and services agreement.
Council discussion centered on inputting old data from permits for an address when a
permit is requested for that address to provide a complete history within the computer
file; the increase of the $3 fee to $13 to cover staff time for inputting this additional data;
and, the travel expense of the contractor which was included in the agreement
Mark Ronsen, Tidemark Solutions, regarding the travel expense for his company
representative, he pointed out the savings in time and expense since their company
would bring the training to City staff instead of the reverse. He also named cities which
have been pleased with their software.
Additional Council discussion focused and Council then directed staff to bring back a
fee resolution to include the $13 or another more accurate amount to cover staff time
for inputting data.
Mayor Pro Tern Lyon moved, seconded by Councilman Stern to (1) Proceed with the
acquisition of the Tidemark Solutions permit tracking system. (2) To not postpone
historical permit input, but instead to enter an entire address file's permit tracking
history whenever a new permit issued for the property. (3) Implement a $3.00 data
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October 3, 2000
Page 6
processing fee on all permits. (4) Authorize the Mayor and the City Clerk to execute the
necessary license and services agreement. (5) Bring back a fee resolution to increase
the fee to $13.00 or another more accurate amount to cover staff time for inputting
data.
Purchase of Software and Support Service to Automate the Maintenance
Activities of the Public Works Department (1204 x 602)
Director Allison presented the staff report of October 3, 2000 and the recommendation
to (1) Authorize the Mayor and the City Clerk to execute a purchase agreement with
CarteGraph, Inc. for an amount not to exceed $18,600 for software, support and related
services. (2) Authorize the Mayor and the City Clerk to execute an agreement with PV
on the Net for an amount not to exceed $5,000 for services for installation of new
software and for training.
At 9:45 P.M., Mayor Pro Tern Lyon left the meeting.
Council discussion centered on the current method of receiving and tracking service
requests and the improved service to residents, efficiency and reduced costs which
would be experienced using the proposed software.
Council directed staff to provide additional information regarding the software such as
the length of time the company has been in business and their dependability;
scheduling a demonstration; a comparison with other types of similar software; other
cities using this software; the length of time the software could be used before
upgrades were necessary; costs of upgrades; technical support from the company; and,
the software's compatibility with Arc View, a mapping program which would enable to
City to show street construction areas on the City's web site.
Council consensus was to continue this item to November 8 to review this additional
information.
Resolution No. 2000 -67 - Palos Verdes Drive East and Bronco Drive Storm Drain
Project (1204 x 604)
Director Allison presented the staff report of October 3, 2000 and the recommendation
to (1) Authorize staff to move forward with construction of the Palos Verdes Drive East
and Bronco Drive Storm Drain project with Excel Paving Company, by force account.
(2) Authorize an increase to Excel Paving Company's contract by $355,000 for a total
authorization of $996,000 to be paid by force account procedures. (3) Approve an
amendment to Merit Civil Engineering, Inc., professional service agreement for design,
contract administration, and construction of the Palos Verdes Drive East and Bronco
Drive Storm Drain Project by $20,000 for a total authorization under this agreement of
$72,900. (4) Adopt the proposed resolution for a Budget Adjustment to the City's
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October 3, 2000
Page 7
Capital Improvement Projects Fund.
Council, staff and the City Attorney Lynch discussed the risks of increased costs
associated with underground construction and options available for this particular
constructions which included negotiating a higher unit price, using a force account, or
request new bids and apprise all bidders of the circumstances.
Council discussion focused on two possible means of determining underground
conditions before construction begins, drilling exploratory holes and using ultrasound,
and directed staff to investigate the possibility of these methods.
Councilman Stern moved, Councilwoman Ferraro seconded, to (1) Authorize staff to
move forward with construction of the Palos Verdes Drive East and Bronco Drive Storm
Drain project with Excel Paving Company, by force account. (2) Authorize an increase
to Excel Paving Company's contract by $355,000 for a total authorization of $996,000
to be paid by force account procedures. (3) Approve an amendment to Merit Civil
Engineering, Inc., professional service agreement for design, contract administration,
and construction of the Palos Verdes Drive East and Bronco Drive Storm Drain Project
by $20,000 for a total authorization under this agreement of $72,900. (4) ADOPT
RESOLUTION NO. 2000 -671 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS FOR A BUDGET ADJUSTMENT TO THE CITY'S CAPITAL
IMPROVEMENT PROJECTS FUND. (5) Directed staff to investigate means of
surveying underground conditions for future projects of this type.
The motion carried on the following roll call vote:
AYES:
Ferraro, McTaggart, Stern, and Mayor Byrd
NOES:
None
ABSENT:
Lyon
Resolution No. 2000- 68 - Agreement with the City of Palos Verdes Estates for the
Construction of Storm Drain Improvements (1204 x 604)
Director Allison presented the staff report of October 3, 2000 and the recommendation
to (1) Authorize the Mayor and the City Clerk to execute an agreement with the City of
Palos Verdes Estates for the construction of storm drain improvements. (2) Adopt the
proposed resolution transferring $735,000 from the General Fund Reserve to the
Capital Improvement Fund and Increasing Budgeted Appropriations in the Capital
Improvement Projects Fund.
Lois Larue, 3136 Barkentine Road, objected to the use of the phrase "... and other Acts
of God" in this agreement and other documents.
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October 3, 2000
Page 8
Council discussion centered on checking the references and investigating the history of
companies bidding for City contracts and how-this particular contract, which includes
involvement also with the City of Palos Verdes Estates was handled.
Councilman Stern moved, seconded by Councilwoman Ferraro, to (1) Authorize the
Mayor and the City Clerk to execute an agreement with the City of Palos Verdes
Estates for the construction of storm drain improvements. (2) ADOPT RESOLUTION
NO. 2000 -687 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES TRANSFERRING $735,000 FROM THE GENERAL FUND
RESERVE TO THE CAPITAL IMPROVEMENT FUND AND INCREASING BUDGETED
APPROPRIATIONS IN THE CAPITAL IMPROVEMENT PROJECTS FUND.
The motion carried on the following roll call vote:
AYES:
Ferraro, McTaggart, Stern, and Mayor Byrd
NOES:
None
ABSENT:
Lyon
Letter Requesting Los Angeles World Airports (LAWA) to Grant a 180 -day Review
Period for the Draft LAX Master Plan EIR /EIS (1101 x 1505)
Councilman McTaggart presented the staff report of October 3, 2000 and the
recommendation to approve the proposed letter and authorize the Mayor to sign on
behalf of the City Council.
Councilman McTaggart moved, seconded by Councilman Stern to authorize the Mayor
to sign on behalf of the Council the proposed letter to grant a 180 -day review period for
the draft LAX Master Plan EIR /EIS. Motion carried.
CLOSED SESSION REPORT:
City Attorney Lynch reported that no action was taken on the Conference with the Real
Estate Negotiator with York Long Point Associates and Destination Resorts. She
reported that the Council unanimously directed staff to pursue the possibility of
purchasing certain property for open space by commencing negotiations with Mr. Hon
for Parcel 4. She also reported that no action was taken on the anticipated litigation
with Ocean Trails.
ORAL CITY COUNCIL REPORTS:
Councilwoman Ferraro stated that she attended a California Contract Cities conference
in Morro Bay regarding trash, diversion, recycling, and water. She said that she would
provide details at a future meeting.
City Council Minutes
October 3, 2000
Page 9
ADJOURNMENT: Adjourned at 10:15 P.M. to the community Leaders' Breakfast on
Saturday, October 7, 2000 at 9:00 A.M. on motion of Mayor Byrd.
_r
ATTEST:
CITY CLERK
WA2000 City Council Minutes \10032000 cc min.doc
City Council Minutes
October 3, 2000
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