CC MINS 19971216MINUTES
RANCHO PALOS VERDES CITY COUNCIL
DECEMBER 16, 1997
REGULAR MEETING
The meeting was called to order at 6:00 P.M. by Mayor Ferraro at the Hesse
Park Community Center, 29301 Hawthorne Boulevard, and was immediately
recessed to a closed session per the Brown Act Checklist attached to the
agenda. The meeting reconvened at 7:00 P.M. After the Pledge of Allegiance to
the flag, roll call was answered as follows:
PRESENT: Hollingsworth, Byrd, Lyon, McTaggart and Mayor Ferraro
ABSENT: None
Also present were City Manager Paul D. Bussey; City Attorney Carol Lynch;
Planning, Building & Code Enforcement Director Carolynn Petru; Director of
Public Works Les Evans; Director of Finance Dennis McLean; Administrative
Services Director /City Clerk Jo Purcell and Recording Secretary Monica Ponce.
CEREMONIAL MATTER (304)
Gail Tierney from L. A. County Supervisor Don Knabe's Office presented
Councilmember McTaggart with a LOS Angeles County proclamation in
recognition of his accomplishments during his tenure as Mayor.
APPROVAL OF AGENDA
City Attorney Lynch announced some minor changes that had been made to the
conservation easement documents for Shoreline Park and for the Palos Verdes
Drive East Switchback area. Director Evans noted the correction to the two
proposed traffic resolutions. Mayor Pro Tem Hollingsworth moved, seconded by
Councilwoman Lyon to approve the agenda as amended. Motion carried without
objection.
APPROVAL OF CONSENT CALENDAR
At the request of Mayor Ferraro, the contract with Golden Bear Arborists was
removed from the Consent Calendar to be discussed separately.
Lois Larue, 3136 Barkentine, spoke to the following items on the Consent
City Council Minutes
December 16, 1997
Page 1
Calendar: (1) Geotechnical Engineering and on -call soil testing services
contract; (2) the Abalone Cove County District Bond Restructuring; (3) the
commercial refuse and collection agreement; (7) the award of the contract for
construction of street improvements; and, (8) the agreement for the Long Point
EIR.
City Manager Bussey clarified that the item on the Consent Calendar was not
approval of an EIR, but instead was an agreement between the City and Robert
Bein, William Frost & Assocs. for consulting services.
Pro Tem Hollingsworth moved, seconded by Councilwoman Lyon to approve the
Consent Calendar as follows:
Minutes (301)
Approved the Minutes of November 5 Council Meeting and the November 18,
1997 Dangerous Dog Hearing.
Notice of Completion - McCarrell Canyon -(E.A. Mendoza Contracting)
(1204)
1. Accepted the work as complete; 2. Authorized the City Clerk to file a Notice
of Completion with the County Recorder; and, if no claims are filed 35 days after
recordation and upon the contractor posting an acceptable warranty bond, notify
the surety company of the exoneration of the Payment and Performance bonds;
and, 3. Authorized the Finance Director to release the 10% retention payment
35 days after recordation of the Notice of Completion by the County Recorder
contingent upon no claims being filed on the project, and the contractor posting
an acceptable warranty bond.
Amendment to Commercial Refuse & Collection Agreement
(1204 x 1301)
Authorized the Mayor and the City Clerk, to execute Amendment Number Three
to the Agreements for Nonexclusive Commercial Refuse Collection and Disposal
Services with Rapidway Disposal (Formerly Angelus- Hudson, Inc.), Browning -
Ferris Industries (13171), Ivy Rubbish Disposal, Waste Management of Los
Angeles and Western Waste Industries, and executed Amendment Number One
to the Agreement with OK Rubbish Service Company to extend the above -
mentioned nonexclusive franchises through December 31, 1997.
Resol. Nos. 97 -110 and 111 - Establishment of Certain Traffic Regulations
(11204 x 1502)
City Council Minutes
December 16, 1997
Page 2
(1) Adopted Resolution 97 -110 - A Resolution of the City Council of the City of
Rancho Palos Verdes Establishing stop regulations at the intersection of
Avenida Estudiante and Montereina Drive; and (2) Adopted Resolution 97 -111
- A resolution of the City Council of the City of Rancho Palos Verdes
Establishing turning regulations on Crestridge Road at Crenshaw Boulevard.
Resol. No. 97 -112 - Award of a Contract for the Construction of Street
Improvements for Federal Project STPL -5413 and City Project 9720. (601 x
1204 x 1404)
Awarded a contract for the construction of street improvements on (1) Palos
Verdes Drive East from Ganado to Miraleste Drive (9721 - STPL -5413 (002)),
(2) Montemalaga from Silver Spur Road to the West City limit (9722 - STPL -
5413 (002)), and (3) Palos Verdes Drive East from Miraleste Drive to Colt Road
(9720) to Excel Paving Company for the price of $1,156,270.80; and authorized
staff to spend an additional $113,729.20 for contingencies for a total
authorization of $1,270,000.00 2. Authorized the Mayor and City Clerk to
execute a contract with Excel Paving Company; and, 3. Adopted resolution No.
97 -112 - A Resolution of the City Council of the City of Rancho Palos Verdes
making a budget adjustment to appropriate additional funding to the City's
Capital Improvement Project Fund by transfers from the City's Landscaping and
Street Lighting Fund ($64,054), and Street Improvement/Transit (Proposition C)
Fund ($188,517); in addition appropriated the additional funding received from
the City of .Rolling Hills in the amount of $9,508 (Proposition C) and $24,386
(ISTEA) to the Capital Improvement Project fund account 330 -930- 560 -21 -82 for
use on Palos Verdes Drive East from Ganado to Miraleste Drive.
Resol. No. 97 -113 - Mortgage Credit Certification (MCC) Program -
Cooperative Agreement with the County of Los Angeles (11203)
Adopted Resolution No. 97 -113 - A resolution of the City Council of the City of
Rancho Palos Verdes Continuing the City's participation in the Mortgage Credit
Certificate Program in cooperation with the County of Los Angeles for years
1998, 1999, and 2000.
Resol. No. 97 -114 Recordation of conservation easements on portions of
the Shoreline Park and Palos Verdes Drive East switchback properties in
conjunction with the Ocean Trails project (11201 x 1203 x 1411)
Adopted Resol. No. 97 -114 - A Resolution of the City Council of the City of
Rancho Palos Verdes Approving the recordation of conservation easements on
a portion of the Shoreline Park property and on all of the Palos Verdes Drive
East switchback properties in conjunction with the Ocean Trails Project.
City Council Minutes
December 16, 1997
Page 3
LONG POINT AGREEMENTS (1203 x 1804)
1. Approved the Agreement for Environmental Consultant Services between the
City and Robert Bein, William Frost & Associates, and authorized the Mayor to
execute the agreement; and 2. Approved the Agreement to Pay Environmental
Analysis Costs for a Proposed Specific Plan with Related Cases between the
City and York Long Point Associates, and authorized the Mayor to execute the
agreement.
Resol. No. 97 -117 - Register of Demands (602)
Adopted Resol. No. 97 -117 - 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: Hollingsworth, Byrd, Lyon, McTaggart and Mayor Ferraro
NOES: None
# # # # # # # # # # # #
Amendment to tree trimming contract with Golden Bear Arborists
(1204 x 1407)
Director Evans presented the staff report and the recommendation to approve
the amended agreement with Golden Bear Arborists, Inc., for tree maintenance
and authorize the Mayor and City Clerk to execute the contract. He noted the
addition of a paragraph calling for notification of the residents of an area when
trees are to be trimmed.
Councilman McTaggart moved, seconded by Councilwoman Lyon to approve_ the
tree trimming contract with Golden Bear Arborists as amended. The motion
carried on the following roll call vote:
AYES: Hollingsworth, Byrd, Lyon, McTaggart and Mayor Ferraro
NOES: None
REGULAR BUSINESS:
Resol. Nos. 97 -115 & 116 - Appeal of Height Variation No. 750 - Revision
"C" and Variance No. 350 - Revision "B" (1203 x 1804)
City Council Minutes
December 16, 1997
Page 4
Director Petru presented the staff report of December 16 and the
recommendation to adopt the proposed resolution upholding the appeal, and
approving Height Variation No. 750- Revision "C" for a modified project to
legalize the additional existing square footage that has been added to the
second story addition and to complete the garage, subject to conditions; and,
adopt the proposed resolution denying the appeal and approving Variance No.
350 - Revision "B ", for the existing garage to encroach an additional 9 inches
into the required 20 foot front yard setback area for a minimum setback of 13
feet 6 inches.
The following residents spoke in favor of the appeal and in opposition to several
of the features of this project: Sharon Van Wagner, 3559 Bendigo; Bob Easton,
3566 Bendigo; and, Cliff Van Wagner, 3559 Bendigo. Mrs. Van Wagner stated
that the compromise solution was reached with the assistance of the only
licensed architect familiar with the plans and the assistance of a licensed
electrical contractor. Mr. Easton stated that the terms of the original Variance
had been violated.
Council discussion focused on the type of material used for the clerestory roof
over the utility room (whether it should be rock or tile), and whether the garage
should have a hipped or gabled roof.
Councilwoman Lyon moved, seconded by Councilman McTaggart to adopt
Resolution No. 97 -115 Upholding the appeal and approving Height Variation No.
750 - Revision "C" to allow an existing 562.772 sq. Ft. Utility /storage room on
the second floor and to allow the completion of the garage at 3558 Bendigo
Drive with the amendment that the roof material on the clerestory area shall be
of decorative tile to match the design, texture and color of the roofing material on
the remainder of the residence;; and, adopt Resolution No. 97 -116 Denying the
appeal and approving Variance No. 350 - Revision "B" for after - the -fact approval
of a garage to encroach an additional 9 inches into the required front yard
setback area from the previous approval granted by the Planning Commission in
1993 at 3558 Bendigo Drive. The motion carried on the following roll call vote:
AYES: Hollingsworth, Lyon, McTaggart and Mayor Ferraro
NOES: Byrd
Establishment of an affordable Housing Impact Fee for Non - Residential
Development (1203)
Associate Planner Pfost presented the staff memorandum of December 16 and
the recommendation to review the four options in establishing an affordable
City Council Minutes
December 16, 1997
Page 5
housing impact fee for non - residential projects, select one option, and continue
this item to a date certain to allow Staff time to prepare the proper resolution.
Lois Larue, 3136 Barkentine, spoke in favor of the establishment of low- income
housing.
Council discussion centered on the possibility of adopting a fee based on square
footage and the need to look at other options that are closer to the fee that has
already been adopted for residential in lieu housing. It was the consensus of
Council that Staff should present another report that discusses other options.
Award of Bid for a Radio Communications System (1204)
Director Evans presented the staff memorandum of December 16 and the
recommendation to award the contract for the Radio System Procurement and
Installation to NIDA Companies of La Cresenta for the amount of $36,953.99;
authorize staff to spend up to an additional $3,373.73 for contingencies; and
authorize the Mayor and City Clerk to execute the contract.
Mark Abrams, 44 Oceanaire, representing RayCom, one of the bidders on this
contract, stated his opposition to awarding the contract to Nida. (Mr. Abrams
presented a written statement which is on file with the City Clerk's Office.)
Speaking in favor of Mr. Abram's bid was Skip Hansen, 3250 Martingale; and
Jim Gilliam.
Councilwoman Lyon moved, seconded by Councilman McTaggart to continue
the matter to the January 20, 1998 City Council meeting. Motion carried without
objection.
RECESS AND RECONVENE
At 8:52 p.m., Mayor Ferraro declared a recess. The meeting reconvened at 9:03
p.m.
Vicious Dog Determination Appeal (1104 x 1101)
Senior Analyst Park presented the staff memorandum of December 16 and the
recommendation to direct staff to schedule the appeal hearing for either the
January 20, 1997 Council meeting at 6:00 p.m. or at a date and time of the
Council's choice.
Hearing was set for Tuesday, January 6, 1998 at 6:00 p.m. in the Fireside Room.
City Council Minutes
December 16, 1997
Page 6
Scheduling of workshop -Five Year Capital Improvement Plan
(602 x 1204)
Director Evans presented the staff memorandum of December 16 and the
recommendation to set a date for a Workshop Session to review and discuss the
Proposed Five Year Capital Improvement Plan.
Council set Thursday, January 22, 1998 at 10:00 a.m. in the Community Room
as the date to discuss this plan.
City Council Committee Assignments (301 x 306)
Mayor Ferraro made the following appointments City Council appointments for
1998:
City Selection: Ferraro/ Hollingsworth; League of California Cities:
Ferraro /Lyon; So. Calif. Assoc. of Govts: MCTaggart; So. Bay Cities Council
of Govts (SBCOG): McTaggart/Ferraro; Sanitation Districts:
Ferraro /Hollingsworth; CJPIA: Ferraro /Hollingsworth; So. Bay Youth Project:
Lyon /Ferraro; Chambers of Commerce: Mayor & Councilmembers; P.V.
Trans. Authority: Byrd /Ferraro; MAX Policy Steering Committee: McTaggart;
Pen. Regional Law Enforcement: Hollingsworth /Lyon; West Basin Water
District: McTaggart/Lyon; Santa Monica Bay Restoration Project:
McTaggart/Ferraro. - AD HOC COMMITTEES: Long Point Development:
Hollingsworth /McTaggart; Abalone Cove Beach Improvements: Byrd /Lyon;
Ocean Trails: Byrd /Lyon; RHE Economic Development Committee Liaison:
Hollingsworth /Ferraro; Western Avenue Corridor Task Force: Lyon /Ferraro;
Geology /Land Use: MCTaggart/Byrd; NCCP: McTaggart/Byrd; July 4th
Celebration: Ferraro /McTaggart; 25th Anniversary Celebration:
Ferraro /Lyon.
Lois Larue commented on several matters: questioned the necessity of the
Ocean Trails Committee, the Portuguese Bend Landslide, Abalone Cove
improvements, and the Coast Guard property.
Clarification of the City Council's direction to place a hold on all new View
Restoration Commission (VRC) decisions (1203 x 1806)
Director Petru presented the staff memorandum of December 16 and the
recommendation to authorize the VRC to adopt the pending resolution for View
Restoration Permit No. 42.
City Council Minutes
December 16, 1997
Page 7
Speaking in favor of VRC adopting the pending resolution for View Restoration
Permit No. 42 were the following residents: Kean Hamilton, 30747 Ganado
Drive; and, Felix Krasovec, 30741 Ganado Drive.
Councilman McTaggart moved, seconded by Councilman Byrd to adopt staff
recommendation. Motion carried without objection.
Reduction of Grading Bonds Tract 50666/50667 -Ocean Trails (1204 x
1411)
Director Evans presented the staff memorandum of December 16 and the
recommendation to approve a modification of the conditions of approval of
Conditional Use Permit No. 162 and Grading Permit No. 1541 allowing the
Developer to reduce the total amount of Improvement Bonds initially required
from $21,859,603 to $6,352,543 and authorize the City Manager to execute a
Grading Improvement Agreement.
Lois Larue, 3136 Barkentine, spoke in favor of the project.
Ken Zuckerman, 707 Silver Spur Road, expressed gratitude to the City Council
and the City staff for all of the work involved in the Ocean Trails project and a
desire to continue the Ocean Trails Committee.
Mayor Pro Tem Hollingsworth moved, seconded by Councilwoman Lyon to adopt
staff recommendation. Motion carried without objection.
PUBLIC COMMENTS: Jill Mastous, 6863 Abbottstood Drive, described the lack
of progress in enforcing View Restoration Permit No. 51.
Because this matter was not an item for discussion on the posted agenda, Ms.
Mastous was advised that staff would review this matter and take appropriate
action.
Lois Larue suggested Audience Comments be heard earlier in the in the
meeting.
Closed session report: City Attorney Lynch announced that during the Closed
Session the Council took the following action: (1) Rejected the statutory demand
made in the Ortolano matter; (2) Regarding the code enforcement case,
authorized retaining a consultant; and (3) Directed City Manager to obtain
assistance of a search firm in recruiting a new city manager.
ADJOURNMENT: At 9:52 p.m., the Council adjourned on motion of Councilman
City Council Minutes
December 16, 1997
Page 8
Byrd to January 5, 1998 at 6:00 p.m. for interview of Planning and View
Restoration Candidates. Said meeting to be held in the Fireside Room, Hesse
Park.
Mayor
Attest:
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City Council Minutes
December 16, 1997
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