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CC MINS 19990105MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JANUARY 5, 1999 The meeting was called to order at 6:30 P.M. by Mayor Hollingsworth at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed to a closed session per the Brown Act Checklist attached to the agenda. The meeting was reconvened at 7:00 P.M. After the Pledge of Allegiance, roll call was answered as follows: PRESENT: Byrd, Lyon, McTaggart, Ferraro and Mayor Hollingsworth ABSENT: None Also present were City Manager Les Evans; Assistant City Manager Carolynn Petru; City Attorney Carol Lynch; Director of Planning, Building & Code Enforcement Joel Rojas; Acting Director of Public Works Dean Allison; Director of Finance Dennis McLean; Director of Administrative Services /City Clerk Jo Purcell; Associate Planner Kit Fox; Senior Administrative Analyst Lauren Ramezani; and, Recording Secretary Jackie Drasco. RECYCLE DRAWING: (1101 x 1301) The winners of the December drawing were Frederick and Ann Coffman. They will receive one year of free refuse pickup service. A new name was picked for January. APPROVAL OF AGENDA: Mayor pro tem Byrd moved, seconded by Councilwoman, to approve the agenda. Motion Carried. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine Road, opposed the concept of the Treasurer's Report including combined information for the City, the RDA, and the Improvement Authority. Councilwoman Ferraro moved, seconded by Councilmember Lyon, to approve the Consent Calendar as follows: Minutes (301) Approved the minutes of December 1, 1998. Renewal of a Professional Services Agreement (1204) Authorized the extension of a professional services agreement with Group Delta Consultants for "On Call" soil testing services, for FY 98 -99 in an amount not to exceed $101000. November 1998 Treasurer's Report (602) Received and filed the November 1998 Treasurer's Report and its component units (i.e., Redevelopment Agency and Improvement Authority). Resol. No. 99 -01- Register of Demands (602) Adopted Resol. No. 99 -01, 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, Lyon McTaggart, Byrd, and Mayor Hollingsworth NOES: None PUBLIC HEARING: Final Tract Map and Development Agreement for Tract NO. 46628 (1203 x 1411) Mayor Hollingsworth opened the public hearing on this request for approval of a Final Tract Map and Development Agreement for Tract NO. 46628 (Oceanfront Estates) [App licant: RPV Associates LLC]. (Continued from December 15, 1998.). City Clerk Purcell announced that notice had been duly published and no protest letters were received. Associate Planner Fox presented the staff report of January 5, 1999. He stated that due to minor unresolved issues with the final map and CC &Rs, staff recommendation had changed to: (1) continue consideration of the final tract map and the proposed resolution finding that the final tract map is in substantial conformance with Vesting Tentative Tract Map No. 46628 until the next City Council meeting; and (2) approve the final tract map and introduce the proposed ordinance approving the development agreement for Tract No. 46628; and, authorize the Mayor and the City Clerk to sign the development agreement. Council discussion focused on the reimbursement requested by the developer if the current open space lots designated at this site become revenue generating, and the City Council Minutes January 5, 1999 Page 2 method by which the figure of $750,000:was.,determined. Bob Trapp, CPH, 4100 MacArthur Blvd., Newport Beach, representing the developer, explained that the development standards for the tract were the same as previously approved by the Council and that the number of acres of open space had not been reduced significantly in the final map. He explained that if the open space lots were to be used for a golf course in the future, the City would not need the $750,000 maintenance money, but that if there were landscape and maintenance expenses incurred by the City, of course, that money need not be refunded to the developer. He said that all that the developer is looking for is a fair agreement. Further Council discussion included the City's obligation and desire to provide open space and to also bring revenue to the City if an opportunity arose. Lois Larue, 3136 Barkentine Road, said that the staff report and its attachments had not mentioned golf as an option, nor had previous reports about this project to the Coastal Commission. Council discussion focused on whether trails currently proposed on this site would have to be relocated if a golf course was built. It was stressed that this property would be deeded to the City; that the City and not an applicant who wished to build a golf course, would have the responsibility of dealing with the other environmental agencies if changes were made to the project. Councilman McTaggart moved, seconded by Councilwoman Ferraro, to continue the matter to January 19 to allow time for further negotiation of the development agreement. City Attorney Lynch said that the paragraph referring to the refund would be removed and assured the Council that there was already a provision in the agreement which stated that the open space for which maintenance was being paid by the developer could be relocated to another piece of property. REGULAR BUSINESS: Selection of Committee & Commission Chairs (301 x 602 x 605 x 1201 x 1203 x 1502 x 1806 x 1808) City Clerk Purcell presented the staff report of January 5, 1999 and the recommendation that Council make the selection of committee and commission chairs for the year 1999 or until successors are chosen. Councilwoman Ferraro moved, seconded by Mayor pro tem Byrd, to appoint Jon Cartwright as Chair of the Planning Commission. Motion carried. City Council Minutes January 5, 1999 Page 3 Councilman McTaggart moved, seconded by Mayor pro tem Byrd, to appoint Marianne Kipper as Chair of the View Restoration Commission. Motion carried. Councilman McTaggart moved, seconded by Mayor Hollingsworth, to reappoint Barry Hildebrand as Chair of the Traffic Committee. Councilwoman Ferraro moved, seconded by Mayor pro tem Byrd, to appoint Ava Shepherd as Chair of the Traffic Committee. Ava Shepherd was selected by the following vote: Barry Hildebrand: Councilman McTaggart ,Mayor Hollingsworth Ava Shepherd: Councilwoman Ferraro, Mayor pro tem Byrd, Councilmember Lyon Councilmember Lyon moved to reappoint Vince Laura as Chair of the Recreation and Parks Committee. Motion carried. Councilwoman Ferraro moved, seconded by Councilmember Lyon, to reappoint Marla Monk as Chair of the Finance Advisory Committee. Motion carried. Councilwoman Ferraro moved, seconded by Mayor pro tem Byrd, to reappoint Richard Bara as Chair of the Equestrian Committee. Motion carried. Single- family and multi - family waste hauling contract service options (1204 x 1301) Director Allison presented the staff report of January 5, 1999 and the recommendation to approve proceeding with a Request for Proposals from haulers for two service options. Laith B. Ezzet, Vice President of Hilton, Farnkopf & Hobson, LLC distributed copies of his presentation which detailed the current collection conditions and existing services, community input from the survey cards, and alternative services. Three sizes of rolling carts were displayed for the Council's consideration. (A copy of Mr. Ezzet's written presentation is on file in the City Clerk's Office.) Recess and Reconvene: At 8:48 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 9:02 P.M. Mayor Hollingsworth suggested that since the next two items related to negotiations with the current providers that speakers for all three items be heard at this time. He called for public testimony and then presentations from the current providers. Frank Glaser, 30184 Via Rivera, felt that changes to the waste collections services City Council Minutes January 5, 1999 Page 4 should have as little impact on residences,:wh, #le still allowing the City to meet the 50% diversion requirement. He suggested that incentives to residents to increase green waste would contribute to meeting the diversion requirement and that other cities who pay less for waste pickup be consulted. (A written statement of Mr. Glaser's comments are on file in the City Clerk's Office.) Carol Mueller, 6947 Beechfield Drive, stated that she did not receive her survey card until after the workshops were held. She favored volume based billing that is based on the amount of trash picked up, rather than a flat rate for all residents. She also preferred monthly, rather than quarterly, billing and also suggested that input from other cities with lower rates be contacted. Lois Larue, 3136 Barkentine Road, spoke in favor of Ivy Rubbish Disposal and volume based billing, and against Waste Management. Benjamin Ackerson, 27129 Spring Creek Road, speaking in favor of retaining the current service, opposed carts for senior citizens because they would be heavy when full and hard to store. He was in favor of maintaining the twice a week pickup and the flat fee. (A written statement of Mr. Ackerson's comments are on file in the City Clerk's Office.) Judy Maizlish, 30202 Via Rivera, stated that 90- gallon carts would not go through gates and would be difficult for residents with disabilities to handle. She favored flat rate billing. Doug Falkenberg, representing Waste Management, one of the City's current waste disposal contractors, 1970 East 213th Street, Long Beach, CA 90810, requested a 30- day moratorium on the RFP process. He spoke against the use of carts because of the terrain of the City and stated that Waste Management could meet the AB939 deadline of the year 2000 and would indemnify the City against fines if this requirement was not met. He believed increasing green waste pickup was the key to increasing diversion and that a program should be instituted to make participation mandatory rather than voluntary. He discussed the improved management resulting from the merger with USA Waste. He said that landfill space would be assured because of company -owned landfills. He listed other benefits of maintaining service with Waste Management as: solutions to recycling challenges; competitive rates and rate stabilization (having waived the last two proposed rate increases); reimbursement of consultant fees; superior continued service; experience in the community; lack of transition problems; community involvement such as scholarships; and, updated vehicles for appearance and safety. Steve Tucker, Waste Management, stated that with the merger with USA Waste, Waste Management had become the .largest hauler in the state and had assisted many cities in meeting their goals. He stressed knowledge of the unique situations in the City and the advantage of lack of disruption to residents which a new provider would bring. He City Council Minutes January 5, 1999 Page 5 concluded by stating that the City could still go through the RFP process if desired after the 30 -day moratorium and that more diversion of green waste was the solution to meeting the requirements of AB939. Ron and Bonnie Ivy, representing Ivy Rubbish Disposal, one of the City's current waste disposal contractors, 1717 West 238th Street, Torrance, CA 90501, asked that their 23 years of service be considered and that their contract not be included in the bidding process because they would not be financially able to retire without reimbursement for their livelihood and that would not be possible if they had no contract. They said that they were trying to work with a larger company to provide the best solution for themselves and for the City. Upon Council inquiries, Mr. and Mrs. Ivy said that they were hoping for a merger with a larger company who would then keep the Ivy contract upon their retirement. They stated that they had one employee in addition to themselves but that they would be able to provide service in the event of illness or equipment failure as they had done in the past; that their rates were competitive, considering the backyard service they provide. Steve Berry, Browning Ferris Industries, 14905 S. San Pedro, Gardena, said he understood the strategy for a 30 -day moratorium because it provided a better atmosphere for negotiation for the current contractor. He stated that his company would also be willing to indemnify the City against non - compliance with AB939. He was in favor of automated pickup with carts but said that it would not be practical in some parts of the City and was also in favor of volume based billing. Council discussion then turned to the subject of the RFP itself as to whether creative solutions would be sought or if strict parameters would be given. It was noted that too much creativity would make bid comparisons difficult, however, it could also be beneficial. Mr. Ezzet, the consultant, said that indemnification is becoming a common factor but he was not sure this kind of agreement would hold up. He agreed that creativity had to be tempered with parameters. He suggested including one option for the current system with an improvement in green waste collection and another option with changes in solid waste pickup as well; however, he believed that if the Council was opposed to automated cart pickup, they should not consider this as an option to be placed in the RFP. He explained that changed from pickup twice a week to once a week would result in only about 15 -20% savings and that volume based billing required cart use. He commented on green waste disposal in plastic bags which meant that the green waste was considered trash pick because the plastic bags were not recyclable. Council then discussed a new plastic bag which self destructs in two weeks upon contact with organic matter and the common practice of gardeners using plastic bags in order not to fill the homeowner's trash barrels. It was suggested that an ordinance City Council Minutes January 5, 1999 Page 6 could be passed to ban the use of plastic bags, for green waste. Councilwoman Ferraro moved, seconded by Councilman McTaggart, to direct the Public Works Department to prepare a Request for Proposal with the following options: Option One: once a week manual trash pickup; once a week manual recycling pickup; once a week automatic green waste pickup; Option Two: twice a week manual trash pickup; once a week manual recycling pickup; once a week automated green waste pickup. Option Three: once a week manual trash pickup; once a week manual recycling pickup; once a week manual green waste pickup with small container provided by hauler; Option Four: twice a week manual trash pickup; once a week manual recycling pickup; once a week manual green waste pickup with small container provided by hauler. Term of contract to seven years with three one -year extensions at the City's discretion. Motion carried. Waste Management -Los Angeles: Request to negotiate contract (1204 x 1301) Director Allison presented the staff report of January 5, 1999 and the recommendation to consider the request from Waste Management - Los Angeles to exclusively negotiate a new residential refuse and recycling contract with the City. Councilmember Lyon moved, seconded by Councilwoman Ferraro, to deny the request. Motion carried. Ivy Rubbish Disposal: Request for contract negotiation (1204 x 1301) The recommendation was to consider Ivy's request to exclusively negotiate a new residential refuse and recycling contract with the City. Richard Bara, 1 Peppertree Drive, urged the Council to extend the contract for Ivy Rubbish Disposal, because of the special needs of the Portuguese Bend area in which he lives, and because Ivy has good rapport with residents and knowledge of the area. Council discussed considering Ivy Rubbish Disposal as a separate bid and ask for input from the residents. Mayor pro tem Byrd moved, seconded by Councilmember Lyon, that staff should prepare a Request for Proposal for the area presently served by Ivy as a single option, with the same service features as currently provided by Ivy. Motion carried. Recess and Reconvene: At 10:40 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 10:50 P.M. Ordinance No. 343 - Two Year Budget Ordinance (602 x 1101) Assistant City Manager Petru presented the staff report of January 5, 1999 and the City Council Minutes January 5, 1999 Page 7 recommendation to introduce the proposed ordinance amending Chapter 3.32 (Budget Administration) of the Rancho Palos Verdes Municipal Code to describe and clarify the two-year budget process. Lois Larue, 3136 Barkentine Road, asked about the advantage of a two -year budget. Council consensus was that Ms. Larue be given a copy of the staff report of December 151 1998 which discussed the merits of a two -year budget process. Mayor pro tem Byrd moved, seconded by Councilmember Lyon, to INTRODUCE ORDINANCE NO. 343 AMENDING CHAPTER 3.32 (BUDGET ADMINISTRATION) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO DESCRIBE AND CLARIFY THE TWO -YEAR BUDGET PROCESS. The motion carried on the following roll call vote: AYES: Ferraro, Lyon, McTaggart, Byrd, and Mayor Hollingsworth NOES: None ORAL CITY COUNCIL REPORTS: Councilman McTaggart reported that each Councilmember had received two video tapes on the subject of Africanized Honeybees (or Killer Bees), one directed to children and another to adults. He suggested that the tapes be viewed by councilmembers and staff (particularly building inspectors), and shown on cable television. He said that the bees should be taken seriously even though the press had downplayed the danger. PUBLIC COMMENTS: David English, 2 Top Rail, asked that the city review its position and request to compel him to provide a topographical map of his 5 -acre parcel between Colt Road and Rockinghorse Road. He stated that his professional opinion is that this method is not the best, nor cost - effective, way to measure the movement of the landslide on this property. He explained that a geologist in 1966 had approved the parcel for a riding ring and said that heavy rains in 1979 caused the riding ring to slide but there had been no movement since then. He said that he had complied with a request from the City to install a gate but he did not agree with the requirement that a topographical map be prepared because, even if the slide did move, it would remain completely on his property and not cause a threat to any other structures. He was willing, however, to have measuring devices placed on the property. (A written statement of Mr. English's comments are on file in the City Clerk's Office.) Carol Mueller, 6947 Beechfield Drive reported that traffic was much heavier on Silver Spur between Crenshaw and Hawthorne Boulevard since the closure of Deep Valley Drive and she felt that the inconvenience of the traffic jams would make residents less City Council Minutes January 5, 1999 Page 8 likely to shop at the proposed remodeled shopping center. Lois Larue, 3136 Barkentine Road, discussed the article in a recent Peninsula News in which local political leaders stated their New Year's resolutions and complimented Mayor Hollingsworth on his beautiful statement. CLOSED SESSION REPORT City Attorney Lynch reported that the Council unanimously voted to direct her to follow the direction given by the city geologist, regarding Mr. English's property and, if there was not concurrence, she was to obtain a court order. ADJOURNMENT: The meeting was adjourned at 11:13 P.M. on the motion of Mayor Hollingsworth. ATTEST: +F CITY CLERK 0' 599MMIN � kTA 0741 ik City Council Minutes January 5, 1999 Page 9