CC MINS 19970506 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
May 6, 1997
The meeting was called to order at 7:00 P.M. by Mayor John C. McTaggart at
the Hesse Park Community Center, 29301 Hawthorne Boulevard, notice having
been given with affidavit thereto on file. Roll call was answered as
follows:
PRESENT: Hollingsworth, Ferraro, Byrd, and Mayor McTaggart
ABSENT: Lyon
The Pledge of Allegiance to the Flag was led by Sheila Hoff.
Also present were City Manager Paul Bussey; Assistant City Manager Brent
Mattingly; City Attorney Carol Lynch; Public Works. Director Les Evans;
Finance Director Dennis McLean; Planning, Building and Code
Enforcement Director Carolynn Petru; Principal Planner Joel Rojas; Senior
Planner David Snow; Associate Planner Gregory Pfost, Senior Administrative
Analyst Lauren Ramezani; City Clerk Jo Purcell; and Recording Secretary
Denise Bothe.
RECYCLE DRAWING: (1204 X 1301)
Mayor McTaggart explained that because there was no recycle drawing winner
for the month of April, two cards would be drawn this evening.
Mayor McTaggart announced that the City of Rancho Palos Verdes would be
hosting a free Household Hazardous Waste Round-Up on Saturday, May 10, 1997,
9:00 A.M. to 3:00 P.M., at City Hall.
APPROVAL OF AGENDA:
City Clerk Purcell relayed staff s request to remove Agenda Item No. 6
(Professional Service Agreement -- Scenic turnouts) from the
Consent Calendar, noting that the item will be brought back at a future
Council meeting.
Mayor Pro Tem Ferraro moved, seconded by Councilman Byrd, to approve the
Agenda as amended. Motion carried (absent Councilwoman Lyon).
APPROVAL OF CONSENT CALENDAR:
Lois Larue, 3136 Barkentine Road, commented on various Consent Calendar
matters.
Speaking on Consent Calendar Item No. 10, James Cook, L.A. County Fire
Department, highlighted the results of the passage of Proposition No. 218 and
its effect on the Fire Department; and explained that the revenues generated
from the passage of Proposition E will be utilized to replace the loss of the
Benefit Assessment.
Daryl Osby, L.A. County Fire Department, encouraged everyone to support the
passage of Proposition E.
Ms. Sunshine, 6 Limetree Lane, urged the City Council to oppose Consent
Calendar Agenda Item No. 2, Vacation of a Riding and Hiking Easement at 27719
Hawthorne Boulevard.
Councilman Hollingsworth highlighted staffs report concerning major
earthquakes and the vulnerability of the City of Rancho Palos Verdes; and
expressed his appreciation and gratitude of Mr. Bill Ruth for his
presentation at the last City Council meeting concerning this subject.
Councilman Byrd moved, seconded by Councilman Hollingsworth, to approve the
amended Consent Calendar, and the motion carried on the following roll call
vote:
AYES: Hollingsworth, Ferraro, Byrd, and Mayor McTaggart
NOES: Ferraro (Vacation of a Riding and Hiking Easement)
ABSENT: Lyon
Minutes (301)
Approved the Minutes of April 1, 1997.
Resol. No. 97-29 -Vacation of a Portion of a Riding and Hiking Easement at 27719
Hawthorne Boulevard (1204 x 1408)
Adopted Resolution No. 97-29, a Resolution of the City Council of the City of
Rancho Palos Verdes, declaring its intention to vacate a portion of a riding
and hiking easement.
Acceptance of Easement for Drainage Facilities Pacific Unitarian Church --
5621 Montemalaga Drive (450 x 1204)
Accepted the Easement for Drainage Facilities from Pacific Unitarian Church
and authorized the Mayor and City Clerk to execute the Certificate of
Acceptance on behalf of the City.
Resol. No. 97-30 - Emergency Response Multi-Hazard Functional Plan
(401 x 1101)
City Council Minutes
May 6, 1997
Page 2
Adopted Resolution No. 97-30, approving the City's Emergency Multi-Hazard
Functional Plan.
Maintenance Contract -- Signal Maintenance (1204 x 1405)
1) Increased the contract authorization for the Fiscal Year 1996-1997
traffic signal maintenance contract with Superior Signal Services, Inc., from
$28,000 to $37,000 -- a $9,000 increase; 2) Awarded a contract for fiscal
year 1997-1998 signal maintenance to Superior Signal Maintenance Service,
Inc., in the amount not to exceed $45,000; and 3) Authorized the Mayor and
City Clerk to execute contract documents with Superior Signal Service, Inc.,
for signal maintenance service for fiscal year 1997-1998.
Resol. Nos, 97-31, 97-32, 97-33 - Citywide Landscaping and Lighting District (901
x 1204)
1) Adopted Resolution No. 97-31, initiating proceedings for the levy and
collection of assessments within the Citywide Landscaping and Lighting
Maintenance District for fiscal year 1997-1998 and ordering the engineer to
prepare a report in connection therewith; 2) Adopted Resolution No. 97-32,
approving the engineer's report in connection with the levy and collection of
assessments within the Citywide Landscaping and Lighting Maintenance District
for fiscal year 1997-1998; and 3) Adopted Resolution No. 97-33, declaring
the City Council's intention to levy and collect assessments within the
Citywide Landscaping and Lighting Maintenance District for fiscal year
1997-1998 and setting a time and place for hearing objections thereto.
Resol. No. 97-34 - Fiscal Year 1996-1997 Budget Resolution for Palos Verdes
Drive West Median Landscape Improvement (602 x 1204)
Adopted Budget Resolution No. 97-34, a fund balance transfer in the amount of
$55,000 from the City's Landscape and Street Lighting (1972 Act) Fund to the
Capital Improvement Program Fund for payment of the costs of the Palos Verdes
Drive West Median Landscape Improvement.
Award of Contract for the Fiscal Year 1996-1997 Sidewalk Repair(1204 x 1405)
1) Awarded a contract to Croatian Construction Company in the amount of
$69,053 and authorized staff to spend up to $3,447 contingency, for a total
of$72,500 for the fiscal year 1996-1997 Sidewalk Repair Program; and 2)
Authorized the Mayor and City Clerk to execute the agreement with Croatian
Construction Company.
Proposition "E" -- Replacement Funding for Fire and Paramedic Emergency
Services (301 x 603)
City Council Minutes
May 6, 1997
Page 3
Supported the passage of Proposition "E" on the June 3, 1997, Special
Election Ballot.
Resol. No. 97-35 - Resolution of Authorization -- Natural Community Conservation
Planning (NCCP) Grant Funding (1203)
Adopted Resolution No. 97-35, authorizing the acceptance of$20,000 in grant
funds from the State Department of Fish and Game for the purpose of
implementing certain tasks related to the City's Natural Community
Conservation Planning (NCCP) plan.
Register of Demands -- Resolution No. 97-36 (602)
Adopted Resolution No. 97-36.
CARRYOVER ITEMS FROM APRIL 15, 1997, MEETING:
Recreation and Parks Committee Vacancy (106 x 301 x 1201)
City Clerk Jo Purcell presented staff memorandum of May 6, 1997, and the
recommendation to 1) Accept the resignation of Recreation & Parks Committee
Member Frances Griffin; 2) Instruct staff to begin recruitment to fill this
vacancy on the Committee; or 3) Make an appointment from the list of
candidates who previously applied for appointment to the Committee.
Charles E. Zamzow was appointed by ballot vote as the new member of the
Recreation and Parks Committee (absent Councilwoman Lyon).
General Plan Amendment Initiation Request Policy (1203)
Senior Planner Snow reviewed staff report of May 6, 1997, and the
recommendation to Adopt City Council Policy Number 32, establishing the
General Plan Amendment Initiation Request process as optional and at the
discretion of the applicant and direct staff to place the policy in the City
Council Policy Manual.
Council reiterated their concern with the present process and the fact that the City
Council was being asked to make a determination on a project for which very little
information had been provided; and, it was felt that an individual should have the right
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to submit a General Plan Amendment application without first applying for a General
Plan Amendment Initiation Request. Council requested that public notification be
made a part of this process.
Responding to a Council inquiry, City Manager Bussey explained that the application
fees are based on an average of actual costs and that the applicant would primarily be
City Council Minutes
May 6, 1997
Page 4
charged for notification costs.
Planning, Building & Safety, and Code Enforcement Director Carolynn Petru
mentioned that under staff s proposal, the hearing would be for informational
purposes only and that Council will not vote on the matter, but will provide
feedback with respect to the project.
Councilman Byrd moved, seconded by Councilman Hollingsworth, to adopt City
Council Policy Number 32, establishing the General Plan Amendment Initiation
Request process as optional and at the discretion of the applicant, and
direct staff to place the policy in the City Council Policy Manual. Motion
carried without objection (absent Councilwoman Lyon).
Natural Communities Conservation Planning (NCCP) -- Interim Habitat Loss 4(d)
Permit Process (1203)
Principal Planner Joel Rojas provided information concerning staff report of
April 15, 1997, and the recommendation to adopt a Resolution , thereby
approving a Coastal Sage Scrub Interim Habitat Loss Permit process, pursuant
to the Section 4(d) "Special Rule" of the Federal Endangered Species Act.
Lois Larue, 3136 Barkentine, commended Principal Planner Joel Rojas for his
work and efforts with the Development Code and NCCP.
Jim York, 6610 Palos Verdes Drive South, noted his opposition to this
proposal; stated that York, Long & Associates owns 420 acres on the Palos
Verdes Peninsula; and explained that if this permit process is adopted, it
will not allow him the opportunity to seek an interim loss permit and thus have a
negative impact upon the company. Mr. York urged the City to further define the exact
amount of take that is necessary for City projects.
Peter Templeton, Templeton Planning Group, 4770 Campus Drive, Newport Beach,
highlighted the Group's efforts with flora/fauna conservation; and requested
that this process be delayed in order to have time to negotiate with
U.S. Fish and Wildlife Service with respect to the company's conservation
efforts.
City Manager Bussey addressed the NCCP Conservation Guidelines which were
reflected in the report and commented on staffs concern with the lack of
information provided with regard to the NCCP's time elements for this
process.
City Attorney Lynch advised that the NCCP does not preclude a developer from
applying for a 10(a) permit; explained that the State guidelines do reflect
that the resource agencies are to take into consideration the local
guidelines; and, provided further clarification with regard to connectivity
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May 6, 1997
Page 5
requirements.
In response to Council inquiry concerning exemptions to the 4(d) permit, Principal
Planner Joel Rojas explained that pursuant to a resource agency memo, coastal sage
scrub losses that are the result of local safety orders are also exempt from
the interim habitat loss permit process, but that for accounting purposes, it does count
towards the 5-percent loss allocation. Discussion ensued with respect to the
exemption portion of the NCCP guidelines and criteria; and Council noted its opinion
that the Interim Coastal Sage Scrub loss table should be amended, taking out the
reference to the scrub that was lost as a result of a landslide.
Council suggested that staff, at a future Council meeting, provide a revised
draft of these suggested guidelines.
RECESS and RECONVENE: At 8:20 P.M. Mayor McTaggart declared a recess. The
meeting reconvened at 8:35 P.M. with the Council having conducted the
business of the Redevelopment Agency and Maintenance Authority.
PUBLIC HEARING:
Establishment of an Affordable Housing In-Lieu Fee (1203)
Mayor McTaggart opened this public hearing on Establishment of an Affordable
Housing In-Lieu Fee. City Clerk Purcell reported that notice of this hearing
was duly published and that no written protests had been received by the
City.
Lois Larue, 3136 Barkentine, expressed her opposition to the proposed in-lieu
fee.
Councilwoman Ferraro moved, seconded by Councilman Byrd, to continue this
item to the May 20, 1997, meeting. Motion carried (absent Councilwoman
Lyon).
Resolution No. 97-37 - Tentative Tract Map No. 46651 --Amendment No. 2
(Applicant Kajima Development Corporation). (Continued public hearing from
April 15, 1997.) (1203 x 1411)
Lois Larue, 3136 Barkentine, urged the City to solve the problems with the
storm drain run-off in McCarrell Canyon
Council requested that Mr. Froehlich oversee that the construction trucks working on
the Kajima project properly cover the cargo and that further steps be taken to improve
dust control.
Councilman Byrd moved, seconded by Mayor McTaggart, to adopt Resolution No.
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May 6, 1997
Page"6
97-37, approving Tentative Tract Map No. 46651 --Amendment No. 2 for the
removal of a condition of approval that requ`r+ d`the installation of
groundwater monitoring wells, and modify the timing on another condition of
approval regarding the required Storm Water Pollution Prevention Plan
(SWPPP).
Council expressed concern and confusion with regard to Dr. Ehlig's initial
recommendation to require groundwater monitoring wells at this site. It was clarified,
however, that the depth of the water table at this site is low enough not to require
groundwater monitoring wells.
In response to the discussion of modifying the timing of a condition of approval
regarding the Storm Water Pollution Prevention Plan, Director Carolynn Petru advised
that staff is not recommending that the applicant be relieved of this requirement, but
that it is being postponed to a more appropriate time.
Roll call vote with respect to Tentative Tract Map No. 46651 --Amendment No.
2 (Applicant/Owner: Kajima Development Corporation), Resolution No. 97-37,
reflected Council approval as follows:
AYES: Hollingsworth, Ferraro, Byrd, and Mayor McTaggart
NOES: None
ABSENT: Lyon
REGULAR BUSINESS:
Ordinance No. 323 - Regarding the Collection of solid Waste and Recyclables,
and Amending Chapter 8.20 of the Rancho Palos Verdes Municipal Code (1204 x
1301)
Public Works Director Les Evans reviewed staff memorandum and recommendation
to waive further reading and introduce Ordinance No. 323, An Ordinance of
the City of Rancho Palos Verdes Regarding the Collection of Solid Waste and
Recyclables, and Amending Chapter 8.20 of the Rancho Palos Verdes Municipal
Code.
Councilwoman Ferraro moved, seconded by Councilman Hollingsworth, to approve
staff s recommendation, and the motion carried on the following roll call vote:
AYES: Hollingsworth, Ferraro, Byrd, and Chairman McTaggart
NOES: None
ABSENT: Lyon
Award of Exclusive Single-Family Solid Waste Collection, Processing and
Disposal Services Contracts to Current Haulers (1204 x 1301)
City Council Minutes
May 6, 1997
Page 7
Public Works Director Les Evans addressed staff memorandum of May 6, 19977
and the recommendation to 1) Award an exclusive single-family residential
refuse, recycling and green waste franchise contract to Waste Management of
Los Angeles; and 2) Award an exclusive single-family residential refuse and
recycling franchise contract to Ivy Rubbish Disposal. Mr. Evans confirmed
that Waste Management has agreed to pay for the consultant's fee.
In response to Council's inquiry, John McDonnell, from Waste Management, explained
that his company is currently evaluating whether to offer an advance payment plan to
its customers.
Councilwoman Ferraro moved, seconded by Councilman Hollingsworth, to approve
staffs recommendation, and the motion carried without objection (absent
Councilwoman Lyon).
Equestrian Committee Draft Policies (1203 x 1808)
Principal Planner Joel Rojas presented staff memorandum of May 6, 1997, and
staffs recommendation to 1) Review the draft Equestrian Committee policies
proposed by the Equestrian Sub-Committee; 2) If necessary, direct Staff to
add, delete or modify the draft policies; and 3) Set a date for Interviews
for prospective Equestrian Committee members.
The following audience members spoke in opposition to the proposed policies
and procedures: Richard Bara, 1 Peppertree Drive; Kay Bara, 1 Peppertree
Drive; John Howard, 24260 Neece Avenue; and Ms. Sunshine, 6 Limetree Lane.
Issues of concern to the audience members were: the restrictions of the guidelines and
policies, the purview/scope of the Equestrian Committee, allowable number of animals
per lot, and endangered species.
Councilwoman Ferraro reiterated her opposition to some of the proposed
guidelines and requested that this matter be continued in order to further
discuss the guidelines and to further define the duties of the Equestrian
Committee.
City Manager Bussey explained that the City's Public Works Department will
have the responsibility of overseeing that the National Pollutant Discharge
Elimination System (NPDES) permit requirements are followed.
Council discussion then ensued with regard to the Committee's duties and the
necessity to set forth language which expresses exactly what is expected of the
Committee. Discussion focused on the proposed Draft Policies as listed on Page 2 of
the staff report and Council then proceeded to make certain amendments: require that
the Committee should have the responsibility of reviewing appeals to the Director's
decisions; that certain time limits be inserted in Policy No. 4; and that wording be
City Council Minutes
May 6, 1997
Page 8
added to indicate that staff will oversee that the NCCP requirements are adequately
addressed; and that the word "vacant parcel" be omitted.
Council requested that this item be brought back at a future meeting with the
amendments.
Selection Process for the Acquisition of New Financial Accounting Software
(602)
Finance Director McLean presented staff memorandum of May 6, 1997, and
the recommendation to 1) Authorize staff to proceed with the selection of
new financial accounting software; and 2) Authorize staff to negotiate the
terms and conditions of the application. The purchase contract will be
brought back to the Council for final approval. Finance Director Dennis
McLean explained that IBM no longer provides support for the City's existing
IBM System 36 operating system and hardware, noting staffs choice for the PC
platform.
Per Council's inquiries, staff addressed computer programming security
measures, in-house computer program training, and annual software maintenance and
update/upgrade costs.
Council commended staff for its report with respect to this matter.
Councilwoman Ferraro moved, seconded by Councilman Byrd, to accept staff s
recommendation. Motion carried without objection (absent Councilwoman Lyon).
Final Tract Map No. 45661, Kajima Development Corporation, Seabreeze Project,
a 59-Acre Parcel Located at the Southwest Corner of Crest Road and Highridge
Road (11203 x 1411)
Associate Planner Pfost and Public Works Director Les Evans reviewed
staff report and highlighted the recommendation to 1) Approve the Final
Tract Map and Subdivision Agreement for Tract No. 45561 and accept
dedications and easements for roadway, utility and trail purposes; and 2)
authorize the City Clerk to sign the Final Map and authorize the Mayor and
City Clerk to sign the Subdivision Agreement.
Public Works Director Evans explained that staff needs to review the
Final Tract Map, but that staff believes all the corrections have been made;
and suggested that the map be approved subject to staffs final review of the
map.
Council expressed its concern with the urgency to approve the Final Tract Map
at this evening's meeting before staff has had a chance to do a comprehensive
review of the Final Tract Map.
City Council Minutes
May 6, 1997
Page 9
Bruce Froehlich, Kajima Development Corporation, advised that all the
requested changes had been made; commented on the late arrival of the Final
Tract Map; addressed the necessity to schedule the work of the contractors as
soon as possible; and stated that any required changes will be made.
Discussion ensued with respect to Council's approval of this Final Tract Map
at this meeting; and further discussion ensued with regard to the
approval of the company's grading plan.
Councilman Byrd moved, seconded by Councilman Hollingsworth, to approve the
Final Tract Map, with the condition that all staff is satisfied with the final review.
Lois Larue, 3136 Barkentine, addressed archaeology and paleontology matters
with regard to Tentative Tract Map No. 46651 --Amendment No. 2.
Roll call vote reflected approval of the motion as follows:
AYES: Hollingsworth, Byrd, and Mayor McTaggart
NOES: Ferraro
ABSENT: Lyon
PUBLIC COMMENTS
Tony Deeble, 3 East Pomegranate Road, addressed the renewal of a business
license for The Exley House by the Sea, an existing bed and breakfast facility; and
requested a waiver of the newly required application for a Conditional Use Permit and
the $2,400 fee.
Lois Larue, 3136 Barkentine, highlighted the possible existence of a new
landslide in the area; and commented on freedom of speech provisions.
ADJOURNMENT: The meeting was officially adjourned at 11:10 P.M.
MAYOR
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City Council Minutes
May 6, 1997
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