CC MINS 19970415MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
APRIL 15, 1997
The meeting was called to order at 7:00 P.M. by Mayor McTaggart at the Hesse
Park Community Center, 29301 Hawthorne Boulevard; notice having been given
with affidavit thereto on file. Following the Pledge of Allegiance to the Flag,
which was led by Public Works Director Les Evans, roll call was answered as follows:
PRESENT: Hollingsworth, Ferraro, Byrd, Lyon, and Mayor McTaggart
ABSENT: None
Also present were City Manager Paul Bussey; Assistant City Manager Brent
Mattingly; City Attorney Carol Lynch; Planning, Building & Safety, and Code
Enforcement Director Carolynn Petru; Public Works Director Les Evans; Finance
Director Dennis McLean; Principal Planner Joel Rojas; Associate Planner
Gregory Pfost; Assistant to the City Manager Otto; City Clerk Jo Purcell,
Recording Secretary Denise Bothe; and other Staff representatives.
APPROVAL OF AGENDA:
Mayor McTaggart relayed staff s request to consider Agenda Item No. 10 before
Item 8, under Regular Business.
City Clerk Purcell relayed Councilwoman Ferraro's request that Agenda Item
No. 3, Ordinance No. 320, be removed from the Consent Calendar and considered
separately.
Councilwoman Ferraro moved, seconded by Councilman Byrd, to approve the
Agenda as amended. Motion carried without objection.
APPROVAL OF CONSENT CALENDAR:
Lois Larue, 3136 Barkentine Road, stated that she thought the City's monthly telephone
bill was too high.
Councilman Byrd moved, seconded by Councilwoman Ferraro, to approve the
Consent Calendar as follows:
Waiver of full reading of 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 Council members after the reading of the title.
Minutes (301)
Approved the Minutes of March 11, 1997, as submitted.
Slurry Seal Program for Fiscal Year 1996 -1997 -- Award of Contract
1204 x 1404)
1) Awarded a construction contract for the Fiscal Year 1996 -1997 slurry seal
program to Roy Allan Slurry Seal, Inc., for a not -to- exceed amount of
$418,992 and authorized staff to spend up to an additional $21,008, for a
Y Y
total authorization of $440,000; 2) Authorized the Mayor and the City Clerk
to execute a contract with Roy Allan Slurry Seal, Inc.
Traffic Striping & Pavement Markings Contract (1204 x 1404)
1) Awarded a contract for traffic striping and pavement markings to Safety
Striping, Inc., for a not -to- exceed amount of $19,941.60; and authorized staff to spend
up to an additional $1,058.40 for contingencies, for a total authorization of
$21,000; 2) Authorized the Mayor and City Clerk to execute a contract with Safety
Striping, Inc.
Resol. No. 97 -27 -- Register of Demands (602)
Adopted Resolution No. 97 -27, 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, as amended, carried on the
following roll call vote:
AYES: Hollingsworth, Ferraro, Byrd, Lyon, and Mayor McTaggart
NOES: None
Ordinance No. 320 -- Code Amendment No. 34 -- Amendments to Titles 16 and 17
of the City's Municipal Code (1203 x 1801)
Richard Bara, 1 Peppertree Drive, noted his opposition to various Sections in
this ordinance.
Councilman Byrd moved, seconded by Councilwoman Lyon, to adopt Ordinance
No. 320, An Ordinance of the City of Rancho Palos Verdes Adopting Amendments to
Titles 16 and 17 of the City of Rancho Palos Verdes Municipal Code. The motion
carried on the following roll call vote:
AYES: Hollingsworth, Byrd, Lyon, and Mayor McTaggart
NOES: Ferraro
City Council Minutes
April 15, 1997
Page 2
PUBLIC HEARINGS:
Resol. No. 97 -28 - Tentative Tract Map No. 46651 -- Amendment No. 2 --
Seabreeze (Southwest Corner of Crest & Highridge) (1411 x 1203)
City Clerk Purcell reported that notice of this hearing was duly published
and that no written protests had been received by the City.
Associate Planner Pfost presented the staff memorandum of April 15, 1997, and
the recommendations to 1) Adopt the proposed resolution approving Addendum No. 2
to Environmental Impact Report No. 32, including minor changes to the Mitigation
Monitoring program, and a proposed resolution approving Tentative Tract map No.
46651 -- Amendment No. 2 for the removal of a condition of approval that required the
installation of groundwater monitoring wells.
In response to Council's inquiry, Mr. Pfost explained that taking into consideration the
existing geology at this site, a determination had been made that the dewatering wells
will not be necessary.
Council questioned why the dewatering wells were originally required to exist
at this site, noting their concern with the removal of this condition.
Director Carolynn Petru stated that all site demolition and exportation of soil
had been completed and that on -site grading activities have begun. She
commented on the 2 -to -3 feet reduction in elevation for the purpose of
preserving the views for residents in Rolling Hills Estates (from Crest Road
and the adjacent residents to the north).
Lois Larue, expressed concerns with the necessity of operating dewatering wells.
Mr. Bruce Froelich, Kajima Development Co., Monterey Park, addressed
alternatives which were considered in reducing the amount of soil exportation; and,
commented on the hours and days of operation for the construction project and
results of the traffic study.
Discussion ensued relative to the value and utilization of ground water
monitoring wells, dewatering wells and debris /detention basins; and further
discussion took place regarding traffic congestion resulting from this
construction project and the necessity of repairing the streets once the
construction project has been completed.
City Manager Bussey suggested that the City Council may adopt the proposed
resolution subject to a satisfactory report provided by Dr. Perry Ehlig verifying that the
dewatering wells at this site were unnecessary.
City Council Minutes
April 15, 1997
Page 3
Councilman Byrd moved to adopt Resolution No. 97 -28, approving Addendum No. 2 to
Environmental Impact Report No. 32, including minor changes to the Mitigation
Monitoring program. The motion was seconded by Councilwoman Lyon and carried
unanimously.
It was the consensus to delay action on the proposed resolution to the approve
Tentative Tract map No. 46651 -- Amendment No. 2 until the necessity of having the
dewatering wells was determined.
In anticipation of Dr. Ehlig's report, the public hearing Mayor McTaggart ordered that
the hearing be continued to the May 6, 1997.
REGULAR BUSINESS
York Long Point - Proposed Memorandum of Understanding (I 101 x 1804)
City Manager Bussey presented staff report of April 15, 1997, and the
recommendation to approve entering into a Memorandum of Understanding with
York Long Point Associates regarding a public /private partnership for the
development of a public recreation project and authorize the Mayor to execute the
Memorandum of Understanding (MOU).
Addressing City Council's inquiries, City Manager Bussey explained that the
City is being requested to participate in a public /private golf course; that the
developer will be applying for discretionary approvals to meet its needs; and, although
an MOU is not required at this stage, he believed the adoption of an MOU would be
appropriate.
City Attorney Lynch pointed out that this MOU does not obligate the City to
approve or agree to any project that is ultimately proposed.
Ms. Marilyn Whisenand, of PWM Associates, the City's consultant on this project, 232
W. Avenida Gaviota, San Clemente, stated that the language in the MOU, whether
adopted or not, allows the parties to begin to explore the financial feasibility by
requiring the developer to submit certain information to the City for analysis and review,
thereby laying out the respective responsibilities of the parties.
Issues of concern to the City Council were the various components of
the proposed golf course project, parcel ownership and lot reconfiguration,
reimbursement of staff costs, economic feasibility, financing and City revenue derived
from this project.
The following members of the audience addressed their opposition to approving
an MOU between the City and York Long Point Associates: Representing the Rancho
Palos Verdes Council of Homeowners Associations was the treasurer of that
organization John Beringer, 3412 Seaglen Drive, who presented a prepared statement.
City Council Minutes
April 15, 1997
Page 4
(This statement is on file with the City Clerk's Office.). Lois Larue, distributed a copy of
an article from the Los Angeles Times regarding privatization of City of Los Angeles
property.
John Bottorff, 6402 Via Baron, spoke in support of developing this property.
Issues of importance to the audience members concerning the MOU were
determination of the value of the affected properties owned by
governmental bodies; use of commercial /recreational land; and laws concerning
full disclosure.
Recess and reconvene: Mayor McTaggart declared recess at 8:26 P.M. At
8:35 P.M. the City Council reconvened.
The following members of the audience addressed their opposition to approving
an MOU between the City and York Long Point Associates: Paul Christensen, 6317
Tarragon Road; Angelika Brinkmann -Busi, 2141 West 35th Street; Gar Goodson, 1709
Via Zurita; and, Richard Bara, 1 Peppertree Drive. Issues of importance to these
speakers concerning the MOU and the proposed project were as follows: expenditure
of staff hours on this matter, preservation of flora and fauna, environmental impact, and
the reduction of fishing access resulting from this project.
The following audience members spoke in support of developing this property:
Larry Goldsmith, 3815 Bluff Street; and Jacqueline Crowley, 32538 Coast Site
Drive.
Jim York, York Long Point Associates, 6610 Palos Verdes Drive South,
explained that a comprehensive feasibility study will be provided with
respect to this proposed project; and commented on various components of the
proposed project which are necessary for the success of this venture.
In response to a question, Peter Templeton, Land Planner, 3770 Campus Drive,
explained that the lot lines will be reconfigured and stated that different property
ownerships are anticipated.
Council discussion focused on the necessity of the City studying the financial feasibility
of entering into a public /private 18 -hole golf course venture; that Mr. York submit an
application for this proposed project to the Planning Department; however, it was the
consensus that it was not yet the appropriate time for adopting an MOU.
Councilman Byrd moved, seconded by Councilman Hollingsworth, that the
proposed Memorandum of Understanding between the City and York Long Point
Associates be received and filed. No objection was noted.
Emergency Response Multi- Hazard Functional Plan (401 x 1101)
City Council Minutes
April 15, 1997
Page 5
Assistant to the City Manager Otto presented the staff memorandum and the
recommendation to adopt the proposed resolution formally approving the City's
Emergency Response Multi- Hazard Functional Plan.
Responding to Council's inquiry, Mr. Otto stated that this Plan would be available to the
public in an abbreviated guide /form.
With the aid of graphs, Bill Ruth, 4 Thyme Place, highlighted what he
believed to be serious deficiencies in the City's Multi- Hazard Functional Plan; i.e.,
re- opening public roads after a major earthquake, lack of identifying main
roads in the Palos Verdes Peninsula, lack of identifying what type of
equipment will be necessary to re -open the roads and who will be responsible
for re- opening the roads, etc.
On behalf of the City Council, Mayor McTaggart thanked Mr. Ruth for his
presentation and efforts. Council concurred to continue this issue to the
May 6, 1997, City Council meeting.
Update on Single - Family Residential Solid Waste Collection and Disposal
Negotiations with Existing Haulers (1204 x 1301)
Public Works Director Les Evans reviewed staff memorandum of April 15, 1997,
and the recommendations to 1) direct staff to finalize an exclusive single - family
residential refuse, recycling and green waste franchise agreement with Waste
Management of Los Angeles; 2) direct staff to finalize an exclusive
single - family residential refuse and recycling franchise agreement with Ivy
Rubbish Disposal; and 3) approve payment to R. W. Beck, the City's
consultant, for services rendered during the negotiation process, from the
Solid Waste Fund. He further explained that agreements have been
reached with the haulers and provided a presentation concerning the results
of the negotiations, including information concerning the proposed greenwaste
program.
John Bottorff, 6402 Via Baron, expressed his opinion that this item should be
put out to bid rather than negotiating a contract.
Lois Larue, noted her support of the service provided by the Ivy Rubbish Disposal
company.
Councilwoman Lyon expressed her opinion that this item should be sent out to
bid.
Discussion ensued with respect to Council's understanding that Waste
Management had volunteered to pay for R.W. Beck's consultant services.
John McDonnell, Waste Management, stated his understanding of the negotiations
City Council Minutes
April 15, 1997
Page 6
with regard to payment of the consultant's fees, addressed the inquiry relative to
providing automated trash pickup, and provided information concerning the proposed
rates /fees.
Ms. Monk, Finance Advisory Committee, explained that the Committee's
recommendations were based on input received from the public; and stated that
the Committee is willing to work with staff in designing the next single - family
residential solid waste collection and disposal proposal.
Representing BFI was Chip Scholz, who commended staff for its report and
effort with this matter and requested that consideration be given to a bid process
instead of this contracting process.
Council comments focused on the City's need to increase its efforts in educating the
public on the benefits of the greenwaste and recycling programs. Additional discussion
ensued with respect to the specifics of the rates /fees and pickup scheduling.
Councilman Byrd moved, seconded by Councilwoman Ferraro, to adopt the Waste
Management current rate of $20.66. Motion carried on a four - one vote with
Councilwoman Lyon voting no, expressing her opinion that this contract should go out
to bid.
Councilwoman Lyon moved, seconded by Councilwoman Ferraro, to direct staff to
finalize an exclusive single - family residential refuse and recycling
franchise agreement with Ivy Rubbish Disposal. Motion carried without
objection.
Councilman Byrd moved, seconded by Councilwoman Lyon, that the City
re- negotiate with Waste Management for the $36,000 payment to the consultant
R.W. Beck and that this item be brought back to the next Council meeting.
Motion carried without objection.
RECESS AND RECONVENE: At 10:30 P.M. Mayor McTaggart declared a recess.
The meeting was reconvened at 10:38 P.M.
Considering the lateness of the hour, Councilman Byrd moved, seconded by
Councilwoman Lyon, to continue Agenda Item Nos. 11, 12 and 13 to the next City
Council meeting. Motion carried without objection.
Mobile Food Vendor Controls (202 x 1101)
City Manager Bussey clarified staff s recommendation to direct staff to
prepare a resolution providing for a limited time parking zone (green zone) on both
sides of Granvia Altamira in the vicinity of the Mobil Station and the 7- Eleven market
complex. He indicated that he had spoken by phone with Mr. J.D. Greene, owner of
the 7- Eleven store, and that Mr. Greene concurred with staffs recommendation.
City Council Minutes
April 15, 1997
Page 7
William Myers, 28103 Hawthorne Boulevard, requested clarification with
respect to the parking limitations (green versus red). The Mayor indicated that the staff
would meet with him later to go over the details.
Community Leaders' Breakfast Meetings (301 x 310 x 307)
City Clerk Purcell presented the staff memorandum of April 15 and the recommendation
that Council decide upon two dates to hold Community Leader Breakfast meetings.
The following dates were selected by Council:
Saturday, June 7, 1997; and Saturday, September 27, 1997
Public Comments: Responding to the Mayor's call for public comments for items not
on the agenda was Lois Larue, who requested that the Palos Verdes Scenic Turnout
sign on Hawthorne Boulevard be replaced with a sign which reflects "Rancho
Palos Verdes Scenic Turnout."
ADJOURNMENT: At 11:02 P.M. the meeting was adjourned to Monday,
May 5, 1997, at 7:00 P.M., Hesse Park on motion of Councilwoman Lyon.
ATTEST:
CITY CLERK
City Council Minutes
April 15, 1997
Page 8