CC MINS 19970121MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JANUARY 21, 1997
This meeting was called to order at 7:04 P.M. by Mayor McTaggart at the Hesse Park
Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance,
roll call was answered as follows:
PRESENT: Hollingsworth, Lyon, Byrd, Ferraro, and Mayor MCTaggart
ABSENT: None
Also present were City Manager Paul Bussey, Assistant City Manager Brent Mattingly,
Planning, Building, Safety and Code Enforcement Director Carolynn Petru, City
Attorney Carol Lynch, Public Works Director Les Evans, Principal Planner Joel Rojas,
Administrative Analyst Lauren Ramezani, City Clerk Jo Purcell, and Recording
Secretary Jennifer Baum.
APPROVAL OF AGENDA:
Mayor Pro Tem Ferraro moved, seconded by Councilman Byrd to approve the Agenda.
Motion carried.
APPROVAL OF THE CONSENT CALENDAR:
Councilman Byrd requested that Item No. 8, Vacation of Palo Vista and Seacl iff Drives,
be moved and heard after Item No. 10, Height Variation No. 700.
Councilman Byrd moved, seconded by Mayor Pro Tem Ferraro to approve the Consent
Calendar as follows:
Waiver of Full Reading of Resolutions and Ordinances
Adopted a motion to waive reading in full of all ordinances and resolutions 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 17, 1996.
Claim against the City by Vivien W. Yang (301 X 303)
rejected the claim and directed the City Clerk to notify the claimant.
Claim against the City by Joon Mun Choi (301 X 303)
Rejected the claim and directed the City Clerk to notify the claimant.
City Council policy - encroachment in the public right -of -way
(306 X 1203 X 1408)
Adopted City Council Policy Number 31, regarding encroachments in the public right -
of -way, and directed staff to place the policy in the City Council Policy Manual.
Resol. no. 97 -02 - Bicycle and Pedestrian Funds (SB 821)
(112 X 1203)
1) Approved the return of $24,000 of unexpended bicycle and pedestrian funds to the
MTA. 2) Approved reallocation of the $24,000 for a new Capital Improvement Project
(CIP). 3) Adopted Resolution No. 97 -02, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES APPROVING THE APPLICATION FOR
BICYCLE AND /OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE
ADOPTION OF ITS BICYCLE AND /OR PEDESTRIAN PLAN, approving the application
for Fiscal Year 1995 -96 bicycle and pedestrian funds under SB 821.
Resol. No. 97 -03 - Capitol Improvement Program Funding Agreements
(1204 X 1505)
1) Adopted Resolution No. 97 -03, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE THE PROGRAM SUPPLEMENT AGREEMENTS FOR THE STATE AND
LOCAL TRANSPORTATION PARTNERSHIP PROGRAM, 2) Authorized the Mayor and
City Clerk to sign the funding agreements with the State of California for Cycle 7 of the
State and Local Transportation Partnership Program for approved Capital Improvement
Road projects.
Resol. No. 97 -04 - Register of Demands
Adopted Resolution No. 97 -04, 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:
City Council Minutes
January 21,1997
Page 2
AYES: Hollingsworth, Lyon, Byrd, Ferraro, and Mayor McTaggart
NOES: None
PUBLIC HEARINGS:
Height Variation No. 750 - Revision "B" - 3558 Bendigo Drive, Earl & Sharon Gantz
(1203 X 1804)
Mayor McTaggart opened this public hearing on Height Variation No. 750.
Director Petru presented the staff memorandum of January 21, 1997 and the
recommendation to continue the Public Hearing until February 18, 1997.
Councilwoman Lyon moved to approve staff recommendation, seconded by
Councilman Byrd. Motion carried.
Vacation of Palo Vista and Seacliff Drives (1204 X 1408)
Director Evans presented the staff memorandum of January 21, 1997 and the
recommendation to adopt the proposed resolution giving the Palos Verdes Seacliff Hills
Homeowners Association an additional six months to complete the necessary items of
work.
Council discussion clarified that upon collection of all of the necessary signatures from
the residents of this area, that this street vacation would not need to be heard again by
Council because it had already been through the public hearing process. Concern was
expressed, however, whether it was the intention of the residents to eventually gate
these streets and, if so, what justification there was for such closure.
Representing the Homeowners Association was Kevin Sears, 3324 Palos Verdes Drive,
who explained that he has secured most of the necessary signatures and that only a
few more need to be obtained. He cited security as one of the major_ reasons for this
request; additionally, he said that it is a dead end street and that they have a lot of
traffic driving into the area from Palos Verdes Drive and then turning around and exiting
the tract. He also stated that the association has the financial ability to pay for street
maintenance.
Mayor Pro Tem Ferraro moved, seconded by Councilwoman Lyon to adopt the staff
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January 21,1997
Page 3
recommendation.
A brief discussion then ensued wherein concern was again expressed about the
privatization of these streets and whether it furthered the cause of the General Plan or
was even justified for security reasons.
A substitute motion was then offered by Councilwoman Lyon, seconded by Councilman
Hollingsworth to authorize extension of the time limit on this matter from January 30
through February 4; and, that staff should present additional information and
background on the matter.
The substitute motion carried on the following roll call vote:
AYES: Hollingsworth, Lyon, Byrd, and Mayor McTaggart
NOES: Ferraro
Code Amendment No. 34 (1203 X 1801)
Mayor McTaggart opened this public hearing regarding Code Amendment no. 34 and
Environmental Assessment No. 628.
Principal Planner Rojas presented the staff memorandum of January 21, 1997 and the
p
recommendation to 1) Review the follow -up language amendments made to the final
draft language of Titles 16 and 17, minus draft chapter 17.46 (Equestrian Overlay
District); and 2) Continue consideration of the amended Development code to February
4 1997 at which time the final draft language of draft chapter 17.46 will be presented.
Representing the Palos Verdes Amateur Radio Club was Jack Carter, 28911 S. Golden
Meadow Drive who submitted a Fact Sheet from the Federal Communications
Commission concerning, among other things, restrictions on viewers' ability to receive
video programming signals from direct broadcast satellite. this fact sheet further
explained what restrictions may be placed on antennas by local governments. He
requested that Council consider the FCC's guidelines when considering Section
17.76.020 (antennas, satellite dishes and ham radio antenna /ham radio antenna
permit) of the Code. (Mr. Carter's communication is on file with the City Clerk's Office.)
Lois Larue, 3136 Barkentine, requested clarification of who was the City Engineer and
stated her disagreement with the 50 ft. requirement that Bed and Breakfast Inns be 50
ft. from adjacent residential dwelling units.
Staff clarified that the title of City Engineer is required by State law and that currently
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January 21,1997
Page 4
the City Engineer is designated by the Director of Public Works although at some time
in the future the Public Works Director may be designated the City Engineer.
Council then made changes and amendments to the Code as follows:
Chapter 17.56 (Environmental Protectionl: The outdoor lighting restriction for non-
residential uses has been amended to prohibit lighting above the line of the eave or if
located on a structure without eaves to be no higher than 10 feet. Section 17.76.020
(Antennas. Satellite Dishes and Ham Radio Antenna/Ham Radio Antenna Permit:
City Attorney Lynch opined that the Code is in compliance with FCC regulations and
that she would report back to Council if she discovered otherwise. Section 17.76.030
(Fences. Walls & Hedges: It was the consensus that "windscreens" would be treated
the same as fences, walls and hedges. Section 17.76.040 (Bed and Breakfast Inns:
Deleted the requirement for a minimum 50 feet distance from adjacent residential
dwelling units. Section 17.96.700 (Plexiglas: Change to generic reference such as
"translucent glass material."
Mayor Pro Tem Ferraro moved to continue until February 4, 1997, seconded by
Councilman Hollingsworth. Motion carried.
Recess and reconvene: At 8:05 P.M. Mayor McTaggart declared a recess; the
meeting was reconvened at 8:16 P.M.
REGULAR BUSINESS:
Single - Family Hauler Franchise Negotiation Packet (1204 X 1301)
Public Works Director Evans introduced Finance Committee Chairman Frank Lyon and
complimented the Committee for their work on this matter and in particular cited the
public hearing process conducted by the Committee to get public input on this matter.
Director Evans then proceeded to summarize the background on this matter starting
with the September 17, 1996 City Council directive that staff negotiate new single -
family residential refuse and recycling franchise agreements with Waste Management
of Los Angeles and Ivy Rubbish Disposal (Ivy), the current haulers and the assignment
to the Finance Advisory Committee the task of working with staff to address various
refuse collection issues, develop outreach programs and make recommendations to
Council. Furthermore, he cited the November 6, 1996 Council action to award a
professional services contract to R.W. Beck to assist in negotiating new single - family
refuse collection and recycling services franchise agreements with the two current
haulers.
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January 21,1997
Page 5
Continuing, he said that two community meetings were held, hosted by the Franchise
Committee. December 4, 1996 and January 9, 1997. Six preliminary program
recommendations were discussed; green waste, frequency of refuse collection,
automated collection, commingled recycling collection, revenue share and franchise
agreement term or buy out. The Finance Committee approved the consultant's
recommendation that the haulers' provide rate proposals for a green waste collection
program; that the haulers' provide three bid options on frequency of collection
including: (1) twice a week trash, once a week recycling and once a week green waste,
(2) once a week trash, once a week recycling and once a week green waste, (3) and a
third frequency option to be determined by each hauler; that the haulers' provide rates
for two different recycling options including: (1) commingled and (2) separated (present
system); that a customer credit system be developed for recycling participation and that
the haulers' increase their public education programs.
Concluding his report, Director Evans requested permission to release the bid
package.
Representing Waste Management was their Division Manager John McDonnell,
explained the co- mingling system currently used in some cities and how other cities use
35 gallon containers for the green waste programs. He also explained how the green
waste is used as a daily alternate cover at Puente Hills and other landfills.
Lois Larue suggested that the community meetings on this matter be conducted like a
City Council or Planning Commission meeting and that people be able to submit their
names when they wish to speak at the meetings.
Council discussion focused on whether to purchase containers for the green waste
program; the cost for purchasing such containers; that this information should be used
as an opportunity to go out and get prices from other refuse haulers and that the City
not be limited to the two haulers presently serving the City. It was argued, however,
that this is for the short term and that such distribution can be made if the City is not
satisfied with what the present haulers. Further, it was felt that the next two years could
serve as a learning period with the proposed new automated and green waste systems
and, it would also be an opportunity to find out what the public reaction is to the once a
week pick up.
Councilman Byrd moved, seconded by Mayor Pro Tem Ferraro to adopt staff
recommendations to 1) Implement a green waste program; 2) Obtain three options for
refuse collection frequency; 3) Obtain two options for recycling programs; and 4)
Implement a customer credit as part of recycling revenue sharing and increasing public
education programs. The motion carried on the following roll call vote:
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January 21,1997
Page 6
AYES: Ferraro, Byrd, Hollingsworth, and Mayor McTaggart
NOES: Lyon
Planning Commission and Equestrian Committee Interviews
(106 X 301 X 1203)
City Clerk Purcell presented the staff memorandum of January 21, 1997 and the
recommendation to set Tuesday, January 28, 1997 at 7:00 P. M. as the date and time to
interview these applicants.
It was the consensus for Council to interview Planning Commission applicants on
Tuesday, January 28, 1997 and to allow applications to be submitted through Friday,
January 24, 1997. It was agreed that interviews for the Equestrian Committee should
be delayed until the guidelines for that committee have been completed and reviewed.
ORAL CITY COUNCIL REPORTS:
Mayor McTaggart briefly reported on his meeting with state representatives. He stated
that the matter of transfers for Eastview students to attend schools in the Palos Verdes
Unified School District was discussed.
Mayor Pro Tem Ferraro commented on her attendance at a Proposition 218 Workshop.
PUBLIC COMMENTS:
Lois Larue stated that other cities use their trash hauling companies to help with
neighborhood watch programs.
ADJOURNMENT: Meeting was adjourned at 9:12 P.M. to Saturday, January 25, 1997
at 8:30 A.M. for Landslide workshop. Motion made by Councilman Byrd.
Attest:
ity Glerk
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January 21,1997
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