CC MINS 19970520 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MAY 20, 1997
This meeting was called to order at 7:00 p.m. by Mayor John C. McTaggart at the
Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of
Allegiance, roll call was answered as follows:
PRESENT: Lyon, Byrd, Ferraro, and Mayor McTaggart
ABSENT: Hollingsworth
Also present were: City Manager Paul Bussey; Assistant City Manager Brent Mattingly;
Senior Analyst Rick Otto; Finance Director Dennis McLean; Planning, Building & Code
Enforcement Director Carolynn Petru; Principal Planner Joel Rojas; Assistant Planner
Kit Fox; Senior Planner David Snow; Associate Planner Gregory Pfost; Public Works
Director Les Evans; City Attorney Carol Lynch; and, City Clerk Jo Purcell.
RECYCLE DRAWING:
Rather than conducting the recycle drawing, Mayor McTaggart substituted a letter from
Charles W. Carry, Chief Engineer, County of Los Angeles Sanitation District,
commending residents for their participation in the hazardous waste collection on
Saturday, May 10, 1997, and reported on the amount and type of waste collected.
APPROVAL OF AGENDA:
Mayor Pro Tem Ferraro moved, seconded by Councilman Byrd to add Item No. 22 (L.
A. County Regional Park & Open Space District) to the agenda, noting that the need to
take action on this item arose after the posting of the agenda. Motion carried.
Mayor Pro Tem Ferraro moved, seconded by Councilman Byrd to approve the Agenda,
amending the order to hear Item No. 21 (Consideration of funding sewer pump station
for Portuguese Bend Club) at the beginning of regular business and removing Item No.
10 (Contract with Peri Muretta) from the Agenda. Motion carried.
APPROVAL OF CONSENT CALENDAR:
Lois Larue, 3136 Barkentine, spoke to several matters on the Consent Calendar: the
minutes should be more detailed; and, the use of pesticides for weed abatement.
Mayor Pro Tem Ferraro moved, seconded by Councilman Byrd to approve the Consent
Calendar as follows:
Waive 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 April 9 and April 15, 1997.
Ordinance No. 323 - Collection of Solid Waste and Recyclables (605 x1204 x1301)
Adopted Ordinance No. 323 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.
FY 97-98 Weed Abatement Contract for City Rights-of-Way (1204 X 1405)
Awarded a three-year contract to Bennett Enterprises for right-of-way weed control at a
rate not to exceed $20,400 per year; authorized staff to spend an additional $2,000 for
extra work.
Custodial Services for City Facilities (1204 X 1405)
Awarded a three-year contract for custodial services for City facilities to United Building
Services for the bid amount of$41,340 per year; authorized the Mayor and City Clerk
to sign said contract.
Acceptance of Sewer Easements (450 X 1204 X 1402)
1) Authorized the Mayor and City Clerk to execute and record a Certificate of
Acceptance for a sewer easement from the County of Los Angeles; 2) authorized the
Mayor and City Clerk to execute and record a Certificate of Acceptance for a sewer
easement from the property owner of Lot 8, Tract 20856, adjacent to Tarapaca Road.
Award of FY 97-98 Landscape Maintenance Contract for Parks, Medians, and
Trails (1204 X 1405)
1) Awarded the Fiscal Year 1997-98 contract for park maintenance to Landscape West,
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May 20, 1997
Page 2
Inc. for the bid amount of$111,360 ($9,280/mo.); 2) awarded the Fiscal Year 1997-98
contract for median maintenance to Satsuma Landscape, Inc. for the bid amount of
$40,020 ($3,335/mo.); 3) awarded the Fiscal Year 1997-98 contract for special
landscape area to Landscape West for the bid amount of$6,720 ($560/mo.); 4)
awarded the Fiscal Year 1997-98 contract for trail maintenance to Landscape West for
the bid amount of$7,200 ($600/mo.); 5) relieved Mariposa Horticulture of their
apparent low bid for Special District maintenance and returned their bidder's bond 6)
authorized the Mayor and City Clerk to execute the contract documents.
Resol. No. 97-38 - Claiming FY 96-97 Bicycle and Pedestrian Funds (SB 821)
(112 x 1204)
1) Adopted Resolution No. 97-38 Approving the Application for FY 96-97 Bicycle and
Pedestrian Funds under SB 821; and 2) authorized the use of$55,000 to construct
bicycle lanes for the Montemalaga Drive Reconstruction and Peninsula/Tri-Cities
Bikeway projects.
Resol. No. 97-39 - Bonding Requirements for City Officials (301 x 902)
Adopted Resolution No. 97-39 of the City Council of the City of Rancho Palos Verdes
Approving a Policy fora "Master Bond" for City Employees.
Agreement for Portuguese Bend Field (1201 x 1401)
Approved the agreement for Portuguese Bend Field and authorized the Mayor and City
Clerk to execute the Memorandum of Understanding between the City and the Palos
Verdes Peninsula Unified School District for the use of the Portuguese Bend Field.
Release of Landscaping Bonds for Tract No. 33206 (Shapell Industries, Inc.)
(1204 x 1411)
1) Accepted a portion of the common area landscaping as complete and authorized the
City Clerk to notify the surety company and principal that the Labor and Materials Bond
in the amount of$23,292.50 and the Faithful Performance Bond in an amount of
$46,585 have been released; and, 2) required the establishment of separate bonds
prior to the release of the existing bonds, in the amount of$11,646.25 for Labor and
Materials and $23,292.50 for Faithful Performance to ensure completion of the
landscaping in the remaining common area.
Resol. Nos. 97-40, 41 and 42 - Selection of Medical and Dental Insurance
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May 20, 1997
Page 3
Providers and Provider for Other Miscellaneous Benefits (902 x 1101 x 1202)
Adopted Resolution No. 97-40 - Fixing the Employer's Contribution for Employees and
the Employer's Contribution for Annuitants at Different Amounts;
Adopted Resolution No. 97-41 - Electing to be Subject to Public Employees' Medical
and Hospital Care Act Fixing the Employer's Contribution for Employees and the
Employer's Contribution for Annuitants at Different Amounts; and
Adopted Resolution No. 97-42 - Establishing City Contribution Rates for Employee
Benefit Premiums for Active Fulltime Employees and Active City Councilpersons.
Resolution No. 97-43 - Register of Demands (602)
Adopted Resolution No. 97-43, 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, Byrd, and Mayor McTaggart
NOES: Lyon (Ordinance No. 323)
ABSENT: Hollingsworth
PUBLIC HEARINGS:
Establishment of an Affordable Housing in-Lieu Fee (continued from May 6, 1997)
(701 x 1203)
Mayor McTaggart opened this public hearing on the establishment of an affordable
Y 99 p
housing in-lieu fee. City Clerk Purcell reported that notice of this public hearing had
been duly published and that no written protests had been received by the City.
.Associate Planner Gregory Pfost presented the staff memorandum of May 20, 19971
recommending adoption of a resolution approving an affordable housing in-lieu fee in
the amount of$8,385 per market rate unit proposed, plus an associated 10%
administrative fee.
Consultant Sandra Genis explained the steps taken in the formulation of the proposed
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May 20, 1997
Page 4
in-lieu fees.
Lois Larue questioned information contained in the staff report and spoke in opposition
to the staff recommendation.
General discussion ensued relative to the basis and determination of the in-lieu fee and
its equity to the developer. A suggestion was made that if this item is not under any
time constraint that it be continued to a future date.
Councilman Byrd moved, seconded by Councilwoman Lyon to continue this item and
remand it to staff with direction that they return at the Council meeting of June 3, 1997,
with a report addressing affordable housing in-lieu fees in accordance with issues
discussed and concerns expressed by Council. Motion carried.
Consideration of funding sewer pump station for Portuguese Bend Club
(I 101 x 1801)
Mayor McTaggart introduced the item recommending that staff, after Council
discussion, be given direction concerning the City Council's interest in providing
financial assistance to the Portuguese Bend Club for the development of a sewer
system.
John McCarthy, 105 Spindrift Drive, presented the request of the Portuguese Bend
Club for City assistance and explained the necessity therefor.
Councilwoman Lyon moved, seconded by Councilman Byrd to direct staff to develop a
plan to provide financial assistance to the Portuguese Bend Club for the development
of a sewer system and return to Council as soon as possible. Motion carried.
REGULAR BUSINESS:
Request from L.A. Cellular for the Installation of Microcell Antennae at Six Sites
on City Property (1203 x 1804)
Assistant Planner Fox presented the staff memorandum of May 20, 1997,
recommending that Council apply the existing policy for streamlined review to the
installation of antennae on existing poles in City rights-of-way; and require approval of
a conditional use permit for both installations in City rights-of-way which involve
replacement of existing poles with larger and/or taller poles, and installations on private
property.
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May 20, 1997
Page 5
Scott Gobble, Southern California Edison, 505 Maple Avenue, Torrance, discussed the
Joint Pole Authority and necessary conformance of cellular companies with
construction standards and replacement of utility poles, as well as the necessity to
request authorization to place equipment on such poles.
Representatives of L.A. Cellular Jeff Seymour, Stacy Smith, and Linda Paul, spoke in
support of the staff recommendation, requested permission to "batch" cell sites, and
requested clarification if it would be necessary to file for a CUP should a portion of the
mechanical vault be located on private property.
Councilwoman Lyon moved, second by Mayor Pro Tem Ferraro to apply the existing
policy for streamlined review to the installation of antennae on existing poles in City
rights-of-way; to allow up to three microcell sites to be "batched" as a single CUP; and,
require approval of a conditional use permit for both installations in City rights-of-way
which involve replacement of existing poles with larger and/or taller poles, and
installations on private property. Motion carried.
RECESS and RECONVENE: At 8:30 p.m., Mayor McTaggart declared a recess. The
meeting reconvened at 8:45 p.m.
Mobil Oil Service Station -Waiver of Appeal Fee (1203 x 1804)
Assistant Planner Fox presented the staff memorandum of May 20, 1997,
recommending denial of the appellant's request to waive the $700 minor application
appeal fee for the outdoor seating/dining area at the Mobil service station and
convenience store at 28103 Hawthorne Boulevard.
The Applicant in this matter, Nancy Moore, 6344 Villa Rosa Drive, presented her
reason for the requested waiver of the appeal fee since this is a continuance of original
appeal issues and concerns relating to CUP 182.
Ms. Moore discussed the following issues: the original intent of the gasoline station and
its ancillary uses; the original mitigation measures taken to prevent loitering, noise, and
unrest; the fact that these mitigating measures will be removed with the newly-approved
16-chair seating; and, the negative impact this facility has on the value of nearby
homes.
Council discussion focused on the following issues: the reason for the requirement that
the appellant pay fees for both the appeal of CUP 182 and the appeal for the outdoor
seating/dining area at the Mobil station and convenience store; the possibility of
merging the two appeals into one and charging one fee; the rationale of the expansion
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May 20, 1997
Page 6
of the use not necessitating a CUP revision; and, keeping the two issues separate.
Mayor Pro Tem Ferraro moved, second by Councilwoman Lyon, to hear both items
separately but at the same Council meeting and that the appellant be charged only one
appeal fee.
Council discussion of the motion centered on the following issues: that appeal fees are
refunded to the appellant should the appeal be upheld; the two issues are separate and
distinct and therefore two fees would be appropriate.
The motion failed on the following roll call vote:
AYES: Lyon, Ferraro
NOES: Byrd and Mayor McTaggart
ABSENT: Hollingsworth
Council discussion continued regarding the following issues: that fees are based on
staff time expended; the possible reduction or waiver of these fees; whether the
ancillary uses of the service station are being done on a piecemeal basis which results
in problems in the individual aspects of the projects necessitating individual appeals.
There being no affirmative action taken, no fees were waived and the Council
proceeded with the regular order of the agenda.
Hesse Park Play Equipment Plan `1201 x 1204)
Director of Public Works Evans presented the staff memorandum of May 20, 1997, and
the recommendation to: 1) direct staff to complete plans and specifications for Hesse
Park Playground Equipment and advertise for bids; and, 2) authorize an additional
expenditure of$25,000 in the 1996-97 City Budget to fund the proposed improvements.
Council discussion focused on the following: the necessity of replacing the equipment;
possible reconfiguration of existing play equipment; playground safety standards; and
liability issues related to equipment not up to standards.
Lois Larue discussed the importance of aesthetically-pleasing playground equipment.
Councilman Byrd moved, second by Mayor McTaggart to check the playground
equipment to see if it can be modified to meet new standards and that staff report on
State's safety standards to Council in the weekly Administrative Report. Motion
carried.
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May 20, 1997
Page 7
Award of Professional Services Contracts for Plan Checking, Inspection Services,
Drafting and Surveying (1204)
Director of Public Works Evans presented the staff memorandum of May 20, 1997,
recommending approval of the following Professional Services Agreements:
1. Charles Abbott Associates in the amount of$15,000 for plan checking;
2. Merit Civil Engineering, Inc. in the amount of$15,000 for drafting services;
3. Willdan Associates in the amount of$15,000 for inspection services;
4. Shirley Bennett in the amount of$15,000 for landscape/arborist inspections;
5. Kelsoe &Associates, Inc. in the amount of$15,000 for surveying services;
6. SA Associates in the amount of$15,000 for drafting and inspection services;
7. John M. Cruickshank in the amount of$5,000 for drafting services; and,
authorization for the Mayor and the City Clerk to execute the above contracts.
Lois Larue expressed her opposition to the contract with Charles Abbott Associates.
Councilwoman Lyon moved, second by Councilman Byrd to take the following action:
1. Approve a Professional Services Agreement with Charles Abbott Associates in
the amount of$15,000 for plan checking and authorize the Mayor to execute the
contract on behalf of the City Council;
2. Approve a Professional Services Agreement with Merit Civil Engineering, Inc., in
the amount of$15,000 for drafting services and authorize the Mayor to execute
the contract on behalf of the City Council;
3. Approve a Professional Services Agreement with Willdan Associates in the
amount of$15,000 for inspection services and authorize the Mayor to execute
the contract on behalf of the City Council;
4. Approve a Professional Services Agreement with Shirley Bennett in the amount
of$15,000 for landscape/arborist inspections and authorize the Mayor to
execute the contract on behalf of the City Council;
5. Approve a Professional Services Agreement with Kelsoe & Associates, Inc. in
the amount of$15,000 for surveying services and authorize the Mayor to
execute the contract on behalf of the City Council;
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May 20, 1997
Page 8
6. Approve a Professional Services Agreement with SA Associates in the amount of
$15,000 for drafting and inspection services and authorize the Mayor to execute
the contract on behalf of the City Council;
7. Approve a Professional Services Agreement with John M. Cruickshank in the
amount of$5,000 and authorize the Mayor to execute the contract on behalf of
the City Council.
Motion carried.
Reconstruction of Palos Verdes Drive South from Narcissa to Peppertree Drive
(11204 x 1404)
Director of Public Works Evans presented the staff memorandum of May 20, 1997,
recommending direction to staff to proceed with the Palos Verdes Drive South
reconstruction project by selecting one of the alternatives discussed in the staff report,
or direction to staff to cancel the Palos Verdes Drive South project.
Council discussion focused on the possibility of horizontally drilling into the sump area
from the seaward side of the road; the necessity of completing this project as soon as
possible; do everything possible to move the water from the sump area; and possible
reinforcement of the bottom of the sump.
Staff discussed the goals of directing the water together, away from the sump and to
put a drain in the bottom of the sump.
Lois Larue conveyed her delight that Council will not be pursuing Alternative 2.
Councilwoman Lyon moved, second by Councilman Byrd to approve the Alternative 2
Project with minimum grading and add the sump drain alternative for a project budget of
$664,816, and authorize the Director of Public Works to transfer CDBG funds to meet
the project budget. Motion carried.
Los Angeles County Regional Park & Open Space District (11101 x 1705)
Mayor McTaggart referred to the May 15 letter from the Los Angeles County Regional
Park & Open Space District (District) requesting comments from cities about their
proposed policy of what would be an appropriate mechanism for meeting the goal of
increasing employment opportunities for at risk youth as expressed in the 1996 Safe
Neighborhood Parks Proposition. It was the intention of the District to propose a policy
to the County Board of Supervisors that as a condition of receipt of funds under this
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May 20, 1997
Page 9
Safe Neighborhood Parks Proposition that each grantee spend on employment of at-
risk youth an amount equal to at least fifty percent of the total maintenance and
servicing allocation that it is entitled to receive.
It was the consensus of Council to write a letter to the Board of Supervisors strongly
opposing the use of funds for the youth employment projects and send a copy of the
letter to the editor of the local newspaper for publication and also send a copy directly
to the City's representative on the Board of Supervisors.
PUBLIC COMMENTS:
Lois Larue commented on City policy for educational reimbursement for employees,
made a suggestion relating to Proposition A, and suggested that members of the City
Council address the School Board relative to their proposed use of Proposition A funds.
ADJOURNMENT: The meeting was adjourned at 9:55 p.m., to Thursday, May 29,
1997, at 7:00 p.m., for a budget workshop at City Hall.
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Mayor
ATTEST:
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City Clerk
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May 20, 1997
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