CC MINS 19991221MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
December 21, 1999
The meeting was called to order at 7:02 P.M. by Mayor Byrd at Fred Hesse Community
Park, 29301 Hawthorne Boulevard. After the Pledge of Allegiance, roll call was
answered as follows:
PRESENT: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
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; Director of Public Works Dean Allison; City Clerk/Administrative Services
Director Jo Purcell; Senior Planner Fox; Associate Planner Mihranian; Sr.
Administrative Analyst Ramezani; and, Recording Secretary Jackie Drasco.
APPROVAL OF AGENDA:
Councilwoman Ferraro moved, seconded by Councilman Stern, to approve the agenda
as presented. Motion carried.
RECYCLING DRAWING: (1204 x 1301)
The winner from the last drawing was Joseph Marino, who will receive a check for
$250, which represents a year of free refuse service. Another card was selected.
APPROVAL OF CONSENT CALENDAR:
At the request of Councilman Stern, Council consensus was to discuss the amendment
to contracts for non - exclusive commercial refuse collection disposal services after the
discussion of the residential contracts for trash collection for Areas one and two. (A
copy of Councilman Stern's memo is on file with the City Clerk's Office.)
Lois Larue, 3136 Barkentine Road, spoke to the register of demands.
Councilman Stern moved, seconded by Councilman McTaggart, 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.
Minutes (301)
Approved the minutes of December 7, 1999, as amended.
Claim Against the City by Louis L. Diaferio (301 x 303)
Rejected the claim and directed the City Clerk to notify the claimant.
Claim Against the City by Southern California Edison (301 x 303)
Rejected the claim and directed the City Clerk to notify the claimant.
Resol No. 99 -90 - No Stopping Zones — Portions of Silver Spur and Hawthorne
Boulevard (1204 x 1502)
ADOPTED RESOLUTION 99 — 90, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES ESTABLISHING NO STOPPING ZONES ALONG
A PORTION OF SILVER SPUR ROAD, AND A PORTION OF HAWTHORNE
BOULEVARD.
Palos Verdes Drive East Median Landscape Improvement (1204 x 1404)
(1) Awarded the contract for Palos Verdes Drive East Median Landscape Improvements
to S & M Landscape, Inc. for an amount not to exceed $54,616.00; plus authorized staff
to spend an additional $5,461.00 for contingencies. (2) Authorized the Mayor and the
City Clerk to execute the contract on behalf of the City.
Resol. No. 99 -91 - Register of Demands (602)
ADOPTED RESOL. NO. 99 -911 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
December 21, 1999
Page 2
The motion to approve the Consent Calendar carried on the following roll call vote:
AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
NOES: None
# # # # # # # # # # #
PUBLIC HEARING:
Ordinance No. 354 -Code Amendment No. 44 — Establishment of Equestrian
Facilities (1203 x 1808)
Mayor Byrd opened the discussion of this request to approve Code Amendment No. 44.
City Clerk Purcell announced that was a continued public hearing from the December
7th meeting.
Senior Planner Fox presented the staff report of December 21, 1999 and the
recommendation to introduce the proposed ordinance adopting amendments to
Chapter 17.46 (Equestrian Overlay (Q) District), Chapter 17.76- (Miscellaneous Permits
and Standards) and Chapter 17.78 (Miscellaneous) of Title 17 of the Municipal Code.
Council discussion focused on seasonal lapses when a property might not be used; the
requirement for new 501(C)(3) applicants (other than the Pony Club or Ride to Fly to
Fly) to provide information regarding their history of philanthropic purposes, and to
restrict these permits to a shorter duration initially.
Joseph Gallagher, 9 Ginger Root Lane, opposed this amendment and was concerned
about exploitation by special interest groups, especially those used by non - Rancho
Palos Verdes residents. He expressed apprehension about the ponding of water from
a drainage course blocked by manure which might cause land movement thus
endangering his home.
Richard Bara, 1 Peppertree Drive, Chair of the Equestrian Committee suggested a
period of six months rather than three months before a property would be considered
abandoned because a summer shutdown would not be abandonment.
Council discussion centered on prompt correction of drainage problems described by
Mr. Gallagher; the fact that this action was only adoption of an ordinance to provide a
process for permit approval, and not actual permits; the Council's ability to deny a
permit based on the failure to make the required findings; cumulative effects of
City Council Minutes
December 21, 1999
Page 3
additional 501(C)(3)'s in an area; and, the agreement that there should be six months of
non -use before a property is considered abandoned.
Leanne Twidwell, 32 Sweetbay Road, owner of the property being used by Ride to Fly,
stated that there was currently no problem with drainage blocked by manure and that a
past problem had been remedied promptly.
There being no further testimony, Mayor Byrd closed the public hearing.
Mayor pro tern Lyon moved, seconded by Councilman McTaggart, to INTRODUCE
ORDINANCE NO. 354, ADOPTING AMENDMENTS TO CHAPTER 17.46
(EQUESTRIAN OVERLAY (Q) DISTRICT), CHAPTER 17.76 (MISCELLANEOUS
PERMITS AND STANDARDS) AND CHAPTER 17.78 (MISCELLANEOUS) OF TITLE
17 OF THE MUNICIPAL CODE, as amended.
The motion carried on the following roll call vote:
AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
NOES: None
Ordinance Code Amendment No. 46 - Maximum Structure Size, Lot Coverage, and
Roof Decks (1203 x 1801)
Mayor Byrd opened the discussion of this request to approve Code Amendment No. 46.
City Clerk Purcell announced that was a continued public hearing from the December
7th meeting.
Associate Planner Mihranian presented the staff report of December 21, 1999 and the
recommendation to introduce the proposed ordinance, aCity- initiated proposal to
amend Chapter 17.02 (Single - Family Residential Districts), Chapter 17.48
(Development Standards), and Chapter 1796 (Definitions) of Title 17 of the Municipal
Code.
City Clerk Purcell noted the distribution of a supplemental addendum to this report.
Council discussion focused on analysis of the data supplied in the addendum and the
conditions which would trigger a neighborhood compatibility analysis. Council
consensus was to require neighborhood compatibility analysis when a home addition is
more than 25 % larger than the original square footage.
City Council Minutes
December 21, 1999
Page 4
There being no response to the Mayor's call for public testimony, he closed the public
hearing.
Further Council discussion centered on minor language changes in the ordinance text.
Councilman Stern moved, seconded by Mayor pro tem Lyon, to INTRODUCE
ORDINANCE NO. 3557 ACITY- INITIATED PROPOSAL TO AMEND CHAPTER 17.02
(SINGLE - FAMILY RESIDENTIAL DISTRICTS), CHAPTER 17.48 (DEVELOPMENT
STANDARDS), AND CHAPTER 1796 (DEFINITIONS) OF TITLE 17 OF THE
MUNICPAL CODE, as amended.
The motion carried on the following roll call vote:
AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
NOES: None
Proposed 2000 -2001 Community Development Block Grant (CDBG) Program
(601 x 1204)
Mayor Byrd opened the public hearing on this request to approve Code Amendment
No. 46. City Clerk Purcell announced that notice had been duly published and that
there were no protest letters received by the City.
Director Allison presented the staff report of December 21, 1999 and the
recommendation to (1) Approve the proposed CDBG projects and budget. (2)
Authorize the Director of Public Works to executive agreements for CDBG projects with
the Los Angeles County Community Development Commission.
Lois Larue, 3136 Barkentine Road, spoke to public services for the homeless and the
Altamira Canyon Storm Drain Project.
There being no further testimony, Mayor Byrd closed the public hearing.
Councilwoman Ferraro moved, seconded by Councilman McTaggart, to (1) Approve the
proposed CDBG projects and budget. (2) Authorize the Director of Public Works to
executive agreements for CDBG projects with the Los Angeles County Community
Development Commission.
City Council Minutes
December 21, 1999
Page 5
The motion carried on the following roll call vote:
AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
NOES: None
RECESS &RECONVENE:
Recess and Reconvene: At 8:20 P.M., Mayor Byrd declared a recess. The meeting
reconvened at 8:35 P.M.
REGULAR BUSINESS:
Speed Hump Markings Along Basswood Avenue (1204 x 1502)
Director Allison presented the staff report of December 21, 1999 and the
recommendation to provide staff with direction regarding the proposed pavement
markings with the legend "BUMP" to be painted on Basswood Avenue as part of the
installation of speed humps.
Council discussion centered on the need to paint the speed humps themselves; review
of the drawings that depicted the location of the "BUMP" legend to be painted on the
pavement; and, the need to investigate beyond the traffic engineer's suggestion for
placement of the legend.
Bruno Koch, 26 Basswood Avenue, spoke in favor of speed humps and suggested that
the legend be placed before the humps near a street light so that they could be more
easily read.
Mary Schaal, 26902 Basswood Avenue, felt that the speed humps had been effective;
suggested they be slightly higher; and requested that the speed humps be designated
in an aethestically pleasing manner.
Dahlia Rehg, 26756 Basswood Avenue, spoke in favor of the speed humps; said that
there did not seem to be any standards as to the placement of the legend; and, urged
the Council to consider safety and aesthetics.
Further Council discussion focused on the request for resident input regarding the
placement of the warning legend and investigation of standards set by other cities.
Council consensus was to paint the speed humps as soon as possible and to obtain a
second opinion from another traffic engineer regarding the location of the legend.
City Council Minutes
December 21, 1999
Page 6
Award Professional Services Contract for Palos Verdes Drive South (1204 x 1404)
Director Allison presented the staff report of December 21, 1999 and the
recommendation to (1) Award a professional services contract to Merit Civil
Engineering, Inc. in an amount not to exceed $46,540 for professional design
engineering services for the rehabilitation of Palos Verdes Drive South from Peppertree
Road to 1500 feet west of Schooner Drive, and authorize the expenditure of an
additional $3,460 for possible extra services for a total expenditure authorization of
$50,000. (2) Authorize the Mayor and the City Clerk to execute a Professional
Services Agreement with Merit Civil Engineering, Inc.
Council discussion focused on specifics of the proposed repair and the consultant's
general liability insurance policy.
Lois Larue, 3136 Barkentine Road, spoke in opposition to contour grading and to the
proposed repairs.
Councilwoman Ferraro moved, seconded by Councilman McTaggart to (1) Award a
professional services contract to Merit Civil Engineering, Inc. in an amount not to
exceed $46,540 for professional design engineering services for the rehabilitation of
Palos Verdes Drive South from Peppertree Road to 1500 feet west of Schooner Drive,
and authorize the expenditure of an additional $3,460 for possible extra services for a
total expenditure authorization of $50,000. (2) Authorize the Mayor and the City Clerk
to execute a Professional Services Agreement with Merit Civil Engineering, Inc.
The motion carried on the following roll call vote:
AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
NOES: None
Residential Solid Waste Contract for Area One with USA Waste of California, Inc.,
d.b.a. Waste Management of Los Angeles (1204 x 1301)
Director Allison and Senior Administrative Analyst Ramezani presented the staff report
of December 21, 1999 and the recommendation to (1) Award an exclusive residential
solid waste service contract for Area One to USA Waste of California, Inc., d.b.a. Waste
Management of Los Angeles. (2) Authorize the Mayor and the City Clerk to execute an
agreement for Area One with USA Waste of California, Inc., d.b.a. Waste Management
of Los Angeles.
City Council Minutes
December 21, 1999
Page 7
Council discussion centered on the last known diversion figure of 44 %; lack of
information regarding self hauling by contractors; means of informing residents of the
senior discount; and, how rate adjustments would be implemented because of landfill
fee increases.
Lois Larue, 3136 Barkentine Road, spoke in opposition to the contract being awarded
to Waste Management.
Councilman Stern explained that he had sold his Waste Management stock and
therefore no longer had a conflict of interest in this matter. He also reported that he had
reviewed a staff summary of all previous discussions and watched tapes of Council
meetings at which the trash contract had been discussed. Therefore, he felt qualified to
discuss and make a decision regarding the selection of a trash hauler. He submitted
his analysis of the efficiencies in a once -a -week trash pickup schedule. (A copy of
Councilman Stern's statement is on file with the City Clerk's Office.)
Council discussion focused on reconsidering the once -a week trash pickup schedule
and the course of action to be taken and delays incurred by reconsidering this option.
Councilman McTaggart moved, seconded by Mayor Byrd, to (1) Award an exclusive
residential solid waste service contract for Area One to USA Waste of California, Inc.,
d.b.a. Waste Management of Los Angeles. (2) Authorize the Mayor and the City Clerk
to execute an agreement for Area One with USA Waste of California, Inc., d.b.a. Waste
Management of Los Angeles.
Council discussion focused on information derived from the resident questionnaire
regarding frequency of pickup.
Asked by the Council to comment, Laith B. Ezzet, Vice President of Hilton Farnkopf &
Hobson, LLC, the City's waste contract consultant, stated that even though there was
an evenly split preference from the resident questionnaire regarding once or twice a
week pickup, he felt that more public speakers at the workshops favored twice -a -week
pickup.
The motion carried on the following roll call vote:
AYES: Ferraro, McTaggart, and Mayor Byrd
NOES: Lyon, Stern
City Council Minutes
December 21, 1999
Page 8
Residential Solid Waste Contract for Area Two with Ivy Rubbish Disposal
(1204 x 1301)
Director Allison and Senior Administrative Analyst Ramezani presented the staff report
of December 21, 1999 and the recommendation to (1) Award an exclusive residential
solid waste service contract for Area Two to Ivy Rubbish Disposal. (2) Authorize the
Mayor and the City Clerk to execute an agreement with Ivy Rubbish Disposal.
Council discussion centered on whether Ivy should be allowed to assign their contract
to another hauler in the event they decide to retire, and the amount of coverage of their
automobile liability insurance policy.
Michael Barth, 29 Sweetbay Road, spoke in support of Ivy Rubbish Disposal and its
ability to assign the contract to another trash hauler. He expressed concern about the
additional cost of increased liability insurance.
Lois Larue, 3136 Barkentine Road spoke in support of Ivy.
Council discussion focused on resident satisfaction should Ivy assign its contract.
City Attorney Lynch suggested that a provision of the contract be inserted into the
contract allowing Ivy to negotiate with another vendor in addition to Waste
Management, with final City Council approval, should Ivy make the decision to assign
the contract. Council consensus was to accept this suggestion.
Councilwoman Ferraro moved, seconded by Mayor pro tern Lyon, to continue the item
to January 18, 2000, to allow time for investigation of the availability and cost of
additional liability insurance for Ivy. Motion carried.
Councilman McTaggart moved, seconded by Mayor pro tem Lyon, to re -open the item
regarding the Waste Management contract to modify the contract to indicate that at the
City's discretion Waste Management may or may not be required to provide collection
for Area Two if Ivy no longer serviced that area. Motion carried.
RECESS &RECONVENE:
Recess and Reconvene: At 10:14 P.M., Mayor Byrd declared a recess. The meeting
reconvened at 10:24 P.M.
City Council Minutes
December 21, 1999
Page 9
Amendment to Contracts for Non - Exclusive Commercial Refuse Collection
Disposal Services Agreement ('41204 x 1301)
Director Allison and Senior Administrative Analyst Ramezani presented the staff report
of December 21, 1999 and the recommendation to authorize the Mayor and the City
Clerk to execute Amendment Number Five to the Agreements for Non - exclusive
Commercial Refuse Collection and Disposal Services with Ace Roll -Off Rubbish
Services, Inc., Browning- Ferris Industries (BFI), Consolidated Disposal Services, LLC,
EDCO Disposal Corporation, Ivy Rubbish Disposal, S & H Disposal Company, and
Waste Management of Los Angeles; Amendment Number Four with HMD Waste
Company, Amendment Number Three with OK Rubbish Service Company, and
Amendment Number Two with Easy Roll Off Services and L & S Disposal Services; and
Amendment Number One with Integrated Waste Industries, Inc., CA Waste Services,
Inc. and Metropolitan Waste Disposal to extend the non - exclusive franchises through
December 31, 2000.
Council discussion focused on the lack of provision by these haulers, which
represented approximately 17% of refuse collected, to indemnify the City for failure to
meet the State's diversion requirement and incentives which could be provided to
improve this diversion rate. Possible methods discussed to enlist the help of these
haulers to meet the diversion requirement included an ordinance to provide a financial
incentive; a shortfall fee paid by a hauler who does not meet this requirement to be
given to a hauler who does; discussion with these haulers to obtain suggestions from
them; and, possibly educating the haulers about to the City's need for increased
diversion.
City Attorney Lynch suggested that since the rates cannot be regulated, the contracts
be extended for another year but with a termination clause of 30 days' written notice.
Laith B. Ezzet, Vice President of Hilton Farnkopf & Hobson, LLC, the City's waste
contract consultant, stated that these types of actions sometimes have unintended
consequences such as loss of customers. He suggested that the City avoid a mandate
and that an economic incentive would be probably be most effective.
Councilman Stern moved, seconded by Mayor Byrd, to adopt the suggestion from the
City Attorney to provide a 30 days' written notice termination clause to provide time for
staff to investigate incentives for these haulers to help the City meets its diversion
requirement.
City Council Minutes
December 21, 1999
Page 10
The motion carried on the following roll call vote:
AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
NOES: None
Termination of the Construction Contract for the expansion of the Point Vicente
Interpretive Center (1201 x 1204)
Councilman McTaggart moved, seconded by Councilwoman Ferraro to waive the
presentation of the staff report. Motion carried.
Staff recommendation was to (1) Approve a Settlement Agreement with BF
Construction Inc., regarding the termination of a construction contract for the expansion
of the Point Vicente Interpretive Center. (2) Authorize the Mayor and the City Clerk to
execute an agreement with BF Construction.
Lois Larue, 3136 Barkentine Road, asked for an explanation of the staff
recommendation.
Councilwoman Ferraro moved, seconded by Mayor pro tem Lyon, to adopt staff
recommendation.
The motion carried on the following roll call vote:
AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
NOES: None
Building and Safety Services Request for Proposals (201 x 1101)
Assistant City Manager Petru presented the staff report of December 21, 1999 and the
recommendation to direct staff to prepare and issue a Request for Proposals (RFP) to
solicit proposals from consulting firms interested in providing building and safety
services for the City.
Lois Larue, 3136 Barkentine Road, spoke in support of the issuance of an RFP.
Councilwoman Ferraro moved, seconded by Mayor pro tem Lyon, to adopt the staff
recommendation. Motion carried.
Workshop Issues for the Year 2000 (1101 x 307)
City Council Minutes
December 21, 1999
Page 11
City Manager Evans presented the staff report of December 21, 1999 and the
recommendation to identify issues that the City Council should discuss in workshop
sessions and set dates for those workshops.
Council suggested the following topics for workshops: (1) The use of recycling funds to
beautify the medians and other areas surrounding arterials within the City and to
request participation of the Recreation and Parks Committee. (2) The maintenance of
the Forrestal property, a date to be set once a plan has been established.
Councilman Stern agreed to give a report later regarding open space.
Council consensus was to address the anticipated York proposal in six months.
Lois Larue, 3136 Barkentine Road, spoke to open space and a petition circulated
opposing the use of City property for private projects.
Staffing during Holiday Break (1101)
City Manager Evans presented the staff report of December 21, 1999 and the
recommendation to provide staff with direction regarding whether minimal staffing
should be provided at City Hall during the Winter Break.
Council consensus was that the minimal staffing suggested in the staff report would be
sufficient.
ORAL CITY COUNCIL REPORTS:
Councilman Stern reported that he had provided a memo to the City Clerk regarding
contact with Mr. Jim York. (Councilman Stern's memo is on file with the City Clerk's
Office.)
REPORT ON CLOSED SESSION:
City Attorney Lynch reported that there was no action taken by the City Council.
AUDIENCE COMMENTS:
Lois Larue, 3136 Barkentine Road, spoke to several subjects: holiday shopping at the
temporary gift shop at Hesse Park, additional detail in the minutes, and when the
agenda for the January 4, 2000 meeting would be available.
City Council Minutes
December 21, 1999
Page 12
ADJOURNMENT:
Adjourned at 11:25 P.M. on motion of Mayor pro tem Lyon.
MAYOV
ATTEST:
CITY CLERK
WA1999 City Council Minutes \122199 cc min.doc
City Council Minutes
December 21, 1999
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