CC MINS 19951205MINUTES
RANCHO PALOS VERDES CITY COUNCIL
DECEMBER 5, 1995
REGULAR MEETING
The meeting was called to order at 6:00 P.M. by Mayor Lee Byrd 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: Lyon, Brooks, Mctaggart, and Mayor Byrd
Absent: None
Also present were City Manager Paul D. Bussey, City Attorney Carol Lynch, City Clerk
Jo Purcell, Planning, Building & Code Enforcement Director Bret Bernard, Public
Works Director Trent Pulliam, Sr. Administrative Analyst Veronica Dolleschel, and
Senior Planner Joel Rojas,
APPROVAL OF AGENDA: Councilman McTaggart moved, seconded by
Councilwoman Brooks, to approve the agenda as presented. Motion carried.
PENINSULA REGIONAL LAW ENFORCEMENT REPORT
Councilwoman Brooks gave a brief report on the activities of the Regional Law
Enforcement Committee and summarized the accomplishments of that committee over
the past several years.
RESOL. NO. 95 -102 - CERTIFICATION OF ELECTION RESULTS (301 x 501)
City Clerk Purcell reported the results of the election as certified by the Los Angeles
County Registrar- Recorder and recommended that the City Council adopt the proposed
resolution certifying those results.
RESOL. NO. 95 -102 RECITING THE FACTS OF THE GENERAL MUNICIPAL
ELECTION HELD IN SAID CITY ON NOVEMBER 7, 1995, DECLARING THE
RESULTS THEREOF AND SUCH OTHER MATTERS AS PROVIDED BY LAW was
introduced by title and adopted on motion of Councilwoman Brooks, seconded by
Councilwoman Lyon and carried.
SWEARING IN OF NEWLY ELECTED COUNCILMEMBERS (301 x 306)
City Clerk Purcell administered the oath of office to Councilwoman Barbara Ferraro,
Councilman Tom Hollingsworth and Councilman John McTaggart.
COUNCIL REORGANIZATION (306)
SELECTION OF MAYOR: Mayor Byrd moved, seconded by Councilwoman Ferraro to
appoint Mayor Pro Tem Lyon as Mayor. Motion carried.
SELECTION OF MAYOR PRO TEM: Mayor Lyon moved, seconded by Councilman
Hollingsworth to appoint Councilman McTaggart as Mayor Pro Tem. Motion carried.
CEREMONIAL MATTER Mayor Lyon presented Councilman Byrd with a memento
from the Council in appreciation for his term as Mayor.
Captain Beth Dickinson, Commander of the Lomita Sheriffs Station, presented a
proclamation to outgoing Councilwoman Brooks in appreciation of her distinguished
service to the community. Leah Jeffries, Senior Deputy to Supervisor Deane Dana
presented Ms. Brooks with a ceremonial proclamation also in recognition of her
contribution to local government. Assemblyman Kuykendall's representative also
presented a ceremonial proclamation to Ms. Brooks from the State Assembly honoring
her for service on the City Council. Lastly, the City Council presented her with a
memento in appreciation for her service on the Planning Commission from 1990
through November 1991 and on the City Council from December 1991.
RECESS AND RECONVENE: At 7:25 P.M. the meeting recessed; at 8:00 P.M. the
meeting reconvened.
APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine, spoke to
several items on the consent calendar: Minutes of November 8; vesting Tentative Tract
Map No. 46628; the 1994 annual audit; and, the register of demands.
Speaking to the item concerning Eastview Park was David Trujillo, 2015 Toscanini, who
requested that the Council include installation of park benches in the tot lot equipment
bid.
Staff advised that the benches could be included in another phase of the project, the
report for which would be placed on the December 19 City g Council agenda.
Councilman Byrd moved, seconded by Councilman McTaggart to approve the consent
calendar as follows:
WAIVER OF READING
Adopted a motion to waive reading in full of all ordinances and resolutions adopted at
this meeting with consent to the waiver of reading deemed to be given by all
councilmembers after the reading of the title.
MINUTES (301)
Approved the minutes of October 17 and November 8, 1995.
CITY COUNCIL MINUTES
DECEMBER 5, 1995
PAGE 2
TENTATIVE TRACT MAP NO. 46628 (1411 x 1203)
(1) Approved the requested -one year time extension to March 17, 1997; and (2)
Confirmed that the conditional use permit, grading permit and coastal permit would)
remain in effect and would) expire only if finished grading and construction of the
streets and utilities have not been accepted within two years from the date of
recordation of the final map.
COMMERCIAL REFUSE COLLECTION AGREEMENT - AMENDMENT (1204 x 1301)
Authorized the Mayor and the City Clerk to execute Amendment No. 1 to the
agreements for nonexclusive commercial refuse collection and disposal services with
(a) Ace Roloff Rubbish Service, Inc., (b) Angelus- Hudson, Inc. (C) Browning - Ferris
Industries (13171i), (d) Edco Disposal, (e) Sub - Haulers, (f) Ivy Rubbish Disposal, (g) S &H
Disposal, (h) Waste Management of Los Angeles, and (I) Western Waste Industries to
extend the nonexclusive franchise through December 23, 1996.
SPONSORSHIP OF NATURE HIKES (1201)
Approved the Palos Verdes Peninsula Land Conservancy's request for the City to co-
sponsor seven nature walks which would be conducted at various city locations
throughout 1996.
P.V. DR. SO. MEDIAN LANDSCAPING IMPROVEMENTS (1204 x 1410)
Accepted the landscaping improvements to the median as complete and in compliance
with the conditions of the subdivision agreement for Parcel Map 17161 (Transamerica).
(2) Authorized the Director of Finance to retain $65,000, an amount equal to cost of the
improvements in the existing trust deposit to be used as a maintenance bond for a
period of one year from the date of this action per the terms of the agreement.
Approved releasing all funds in the trust deposit exceeding $65,000 to the depositor.
LADERA LINDA IRRIGATION REPAIR (1204 x 1201)
(1) Accepted the work as completed. (2) Authorized the City Clerk to file a Notice of
Completion and notify the surety company to exonerate the labor and material bonds if
no claims have been filed during the 35 day legal notice period. (3) authorized the
Finance Director to release the retention 35 days after the notice has been recorded by
the County Recorder.
GENERAL PLAN ANNUAL REPORT (701 x 1203)
Directed staff to forward the City's annual report to the State Governor's office of
Planning and Research, and to the Department of Housing and Community
Development regarding the current status of the General Plan and the progress on its
CITY COUNCIL MINUTES
DECEMBER 5, 1995
PAGE 3
implementation, including progress towards meeting regional housing needs during the
past calendar year (1994)
CALIFORNIA CONTRACT CITIES (306 x 1101)
Directed the City's representative to the California Contract Cities Association board of
directors to support the Association's efforts to gain increased control over the
management of the County's liability trust fund.
MIRALESTE & RIDGECREST RECREATION & PARK DISTRICTS ,
(301 x 1200)
Approved the appointment of Thomas G. Stolpman, Marilyn Dalton, and Nenad Viducic
to the Miraleste Recreation & Park District board of directors for a four year term each;
(2) approved the appointment of Endsley Collett, Jr. and E. Wayne Fager to the
Ridgecrest Recreation & Park District for a four year term of office each; and, (3)
directed the City Clerk to notify the Los Angeles County Clerk of the Council's action.
EASNIEW PARK TOT LOT (1201 x 1204 x 602)
(1) Authorized the Mayor and City Clerk to execute a contract with Bennett Enterprises
Inc. for the installation of a tot lot at Eastview Park for the alternative one bid in the
amount of $44,305.40 plus authorized staff to spend up to an additional $2,215 for
contingencies and $3,500 for inspection services for a total authorization of $50,020;
and (2) adopted Resol. No. 95 -103 authorizing a budget adjustment to the Quimby
fund in the amount of $10,020 for this project.
RESOL. NO. 95 -104 - REGISTER OF DEMANDS (602)
Adopted Resolution No. 95 -104.
The motion to approve the Consent Calendar carried on the following roll call vote:
Ayes: McTaggart, Ferraro, Byrd, Hollingsworth & Mayor Lyon
Noes: None
#
RECYCLE DRAWING: (1301 x 1204) Mayor Lyon announced three recycling winners:
the Daniel Wu family for the month of August; the Frank Kunich family for the month of
September, and, the Joseph Henriksen family for the month of October. Each of these
families will get free refuse pick -up for a years because they have participated in the
City's curbside recycling program.
PUBLIC HEARINGS:
CITY COUNCIL MINUTES
DECEMBER 5, 1995
PAGE 4
CODE AMENDMENT NO. 34 (1203 x 1801)
Senior Planner Rojas presented the December 5 staff report and the following
recommendations: (1) receive for further consideration the remaining draft development
code chapters from the Planning Commission; (2) review and provide staff with
direction on the draft chapters presented to the Council but not discussed at the last
meeting; and, (3) continue the public hearing to December 19 for review of the
amended development code.
Speaking to this matter were the following residents: Sunshine, 6 Limetree Lane; S.
Wilson, 10 Cherryhill; Enzo Giobbe, 10 Cherryhill Lane; Linda Rawlings, 29624 Grand
Point Drive; Kathy Snell, 8 Vanderlip Lane; and, Kay Bara, 1 Peppertree Drive,
representing the Palos Verdes Peninsula Horsemens Association). These speakers
stressed the following concerns about the proposed code change to draft Chapter
17.46 (horses): that complaints should be handled on a case by case basis instead of
making these changes; that those conducting commercial boarding activities should be
shut down because generally the boarding that now occurs is for family owned animals
or as a favor to friends; that in cases where people own multiple lots that they should
be allowed to keep their horse closer to their residence instead of adjacent to their
neighbor's property; and, that enforcement of the regulation against commercial
boarding could be exercised through CC &Rs.
Speaking against the proposed change to allow commercial boarding were the
following residents: Betty Strauss, 10 W. Pomegranate Road; Robert Maxwell, 7 East
Pomegranate Road; and Toni Deeble, 3 E. Pimegranate Road. Ms. Strauss presented
a petition containing 56 signatures opposing a change permitting commercial
boarding. (This petition is on file with the City Clerk's Office.) Mr. Maxwell presented
a written statement opposing the practice of commercial boarding of horses in the
Portuguese Bend area. (Mr. Maxwell's statement is on file with the City Clerk's Office.)
Ms. Deeble presented a written statement which outlined a process for implementing
this change to the code and which suggested that ownership of horses be limited to
four per property. (Ms. Deeble's statement is on file with the City Clerk's Office.)
Councilman Byrd moved, seconded by Councilman McTaggart to continue the hearing
on this matter to the December 19 meeting. Motion carried.
It was the consensus that the Council should proceed through the remainder of the
proposed changes, return to the issue of horses and then lastly vote on the adoption of
the amended code.
Council discussion focused on the following: the rationale for this proposed change; the
necessity of getting a horse census; complaints from residents in the Portuguese Bend
area regarding the number of horses being boarded; how this change may affect other
equestrian areas in the city; and, if the issue should be studied by a subcommittee.
Lastly, Council concentrated on the methodology for reviewing the remainder of the
code and arrived at the consensus that staff should prepare an index of the code so
CITY COUNCIL MINUTES
DECEMBER 5, 1995
PAGE 5
specific sections could be scheduled for dates certain.
RESOL. NO, 95-105 - MULTIPLE FAMILY RESIDENTIAL
REFUSE & RECYCLING RATE INCREASE
(1301 x 1204)
Mayor Lyon opened the public hearing on this proposal to revise the multiple - family
residential rates. 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.
Councilman Byrd moved, seconded by Councilwoman Ferraro and carried to waive
reading of the staff report which recommended the following: (1) ADOPTION OF
AMENDMENT NO. 1 TO THE MULTIPLE FAMILY RESIDENTIAL REFUSE
COLLECTION AND DISPOSAL FRANCHISE AGREEMENT WITH WASTE
MANAGEMENT OF LOS ANGELES TO MAKE THE RATE ADJUSTMENT FORMULA
CONSISTENT WITH THE FORMULA USED FOR THE SINGLE FAMILY
RESIDENTIAL REFUSE SERVICE. (2) ADOPTION OF THE PROPOSED
RESOLUTION AMENDING THE MULTIPLE FAMILY RESIDENTIAL REFUSE AND
RECYCLING COLLECTION RATES IN THE CITY AND REPEALING RESOLUTION
NO. 93 -111.
Councilman Byrd moved, seconded by Councilman Hollingsworth to adopt
AMENDMENT NO. 1 TO THE MULTIPLE FAMILY RESIDENTIAL REFUSE
COLLECTION AND DISPOSAL FRANCHISE AGREEMENT WITH WASTE
MANAGEMENT OF LOS ANGELES TO MAKE THE RATE ADJUSTMENT FORMULA
CONSISTENT WITH THE FORMULA USED FOR THE SINGLE FAMILY
RESIDENTIAL REFUSE SERVICE; and, (2) ADOPT RESOL. NO. 95 -105 AMENDING
THE MULTIPLE FAMILY RESIDENTIAL REFUSE AND RECYCLING COLLECTION
RATES IN THE CITY AND REPEALING RESOLUTION NO. 93 -111. Motion carried.
CONDITIONAL USE PERMIT NO. 186 (1203 X 1804)
Mayor Lyon opened the public hearing on this Environmental Assessment and
Conditional Use Permit and the City Clerk reported that notice had been duly published
and that all protest letters would be a part of the agenda package on this matter at the
next hearing.
Councilwoman Ferraro recused herself from the deliberations inasmuch as she had
voted on this matter as a Planning Commissioner.
Assistant Planner de Freitas presented the December 5 staff report and the
recommendation to continue this item to December 19, 1995 to submit the matter to
the Traffic Committee for review.
Dan Imbagliazzo, 28608 Mt. Palomar Place, representing the Strathmore Homes
Association, requested that the hearing date be extended to the first meeting in
CITY COUNCIL MINUTES
DECEMBER 5, 1995
PAGE 6
January.
Representing Taco Bell was William Fancher, 1342 Bell Avenue, Tustin, CA, who
opposed continuing the matter beyond December 19.
Debbie Nelson, 1725 Hollifield Court, also representing the Strathmore Town Homes,
also requested that the matter be continued to January.
Councilman McTaggart moved, seconded by Councilman Byrd, to hear this matter on
January 8, 1996. Motion carried on a 4 - 0 - 1 vote with Councilwoman Ferraro having
recused herself.
Recess and Reconvene: At 9:00 P.M. the Council recessed to conduct the business of
the Redevelopment Agency. At 9:45 P.M. the City Council meeting reconvened.
RESOL. NO. 95 -106 - HANDICAP PARKING -
ROBERT E. RYAN PARK SERVICE (1201 X 602 X 1204)
Associate Engineer Allison presented the December 5 staff report and the
recommendation to adopt the proposed resolution amending Resol. No. 95 -50, the
budget appropriation for fiscal year 1995 -96, for a budget adjustment from the Quimby
capital improvement unreserved balance to Quimby capital improvement,
improvements other than buildings, and professional services.
RESOL. NO. 95 -106 AMENDING RESOL. NO. 95 -50, THE BUDGET
APPROPRIATION FOR FISCAL YEAR 1995 -96, FOR A BUDGET ADJUSTMENT
FROM THE QUIMBY CAPITAL IMPROVEMENT UNRESERVED BALANCE TO
QUIMBY CAPITAL IMPROVEMENT, IMPROVEMENTS OTHER THAN BUILDINGS,
AND PROFESSIONAL SERVICES was introduced by title and ADOPTED on motion of
Councilman McTaggart, seconded by Councilwoman Ferraro and carried.
SLURRY SEAL CONTRACT (1204 X 1404)
Associate Engineer Allison presented the December 5 staff report and the following
recommendations: (1) AWARD A CONTRACT TO ROY ALLAN SLURRY SEAL, INC.
FOR CITY STREETS AND PARKING LOT AREAS FOR THE BASE BID AMOUNT OF
$494,335.50 AND AUTHORIZE STAFF TO SPEND UP TO AN ADDITIONAL
$24,164.50 FOR CONTINGENCIES FOR A TOTAL AUTHORIZATION OF $518,500.
(2) AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH
ROY ALLAN SLURRY SEAL, INC. FOR THE FY 95 -96 CITYWIDE SLURRY SEAL
PROGRAM.
Councilman Byrd moved, seconded by Councilman Hollingsworth to adopt the staff
recommendation. Motion carried on the following roll call vote:
Ayes: Mctaggart, Hollingsworth, Byrd, Ferraro & Mayor Lyon.
CITY COUNCIL MINUTES
DECEMBER 5, 1995
PAGE 7
Noes: None
CAPITAL IMPROVEMENT PROJECTS - FY 95 -96 CITYWIDE
& CRENSHAW BLVD OVERLAY - (1204 X 1404)
The December 5 staff report recommended authorizing staff to solicit bids for the FY
95 -96 citywide and Crenshaw Boulevard overlay capital improvement projects for
award consideration at a later date.
Councilman McTa 99 art moved, seconded by Councilman Byrd to approve the staff
recommendation. Motion carried.
RESOL. NO. 95 -107 - TRANSPORATION ENHANCEMENT ACTIVITY FUNDS -
SCENIC TURNOUTS - P. V. DRIVE WEST (1204 X 1505)
Sr. Admin. Analyst Dolleschel presented the staff report of December 5 and the
following recommendations: (1) adopt the proposed resolution approving the
application for transportation enhancement activity funds for the Palos Verdes Drive
scenic turnout project. (2) direct staff to include in the fy 96 -97 budget $112,000 of
recycling funds for the City's 20 percent funding match.
Council requested that they be advised of the design and location of these proposed
turnouts and that it should be kept in mind that trash receptacles be placed in these
locations.
Lois Larue spoke in favor of the turnouts.
Councilman McTaggart moved, seconded by Councilman Hollingsworth to ADOPT
RESOL. NO. 95 -107 APPROVING THE APPLICATION FOR TRANSPORTATION
ENHANCEMENT ACTIVITY FUNDS FOR THE PALOS VERDES DRIVE SCENIC
TURNOUT PROJECT; and, (2) direct staff to include in the FY 96 -97 budget $112,000
of recycling funds for the City's 20 percent funding match.
Y 9
PLANNING COMMISSION APPLICANTS (106 x 301 x 1203)
City Clerk Purcell presented the staff report of becember 5 and the recommendation
that Council set a date to interview the candidates for the Planning Commission.
It was the consensus to meet on Monday, December 18 and conduct these interviews
and again on January 2 to interview all other candidates.
RESOL. NO. 95-108 - BUDGET ADJUSTMENT - ABALONE
COVE LANDSLIDE MORATORIUM -ZONE II (602 X 1204 X 2000)
Associate Engineer Allison presented the December 5 staff report and the following
CITY COUNCIL MINUTES
DECEMBER 51 1995
PAGE 8
recommendations: (1) Adopt the proposed resolution amending Resol. No. 95 -50, the
city budget appropriation for fiscal year 1996 -96 , thereby approving an appropriation
increase of $25,000 for professional services to provide for the peer geotechnical
consultant review of the geotechnical documents, and for additional professional
services for the preparation and engineering review of the environmental impact report
for the Zone II Abalone Cove Landslide moratorium exception project; and (2)
Authorize staff to award professional services contracts to the peer geotechnical
consultants for review of geotechnical documents.
Council discussion centered on how the peer review group will proceed on reviewing
these documents; if there would be a timeframe set for this review; whether they would
examine the same samples used by Dr. Ehlig in his preparation of this data; and the
fact that if it is determined that the land is stable that the City would be reimbursed
through permit fees for the cost of this peer review. Council requested to be informed of
the time and place of the peer review group meetings.
Lois Larue spoke in opposition to using this group instead of the now disbanded panel
of experts.
A brief Council discussion followed relative to whether there was sufficient information
on this matter to make a decision at this time and if it should be continued.
Councilman McTaggart moved, seconded by Councilman Byrd to approve the staff
recommendation and (1) ADOPT RESOLUTION NO. 95 -108 AMENDING RESOL.
N0. 95 -50, THE CITY BUDGET APPROPRIATION FOR FISCAL YEAR 1996-96,
THEREBY APPROVING AN APPROPRIATION INCREASE OF $25,000 FOR
PROFESSIONAL SERVICES TO PROVIDE FOR THE PEER GEOTECHNICAL
CONSULTANT REVIEW OF THE GEOTECHNICAL DOCUMENTS, AND FOR
ADDITIONAL PROFESSIONAL SERVICES FOR THE PREPARATION AND
ENGINEERING REVIEW OF THE ENVIRONMENTAL IMPACT REPORT FOR THE
ZONE II ABALONE COVE LANDSLIDE MORATORIUM EXCEPTION PROJECT; and
(2) Authorize staff to award professional services contracts to the peer geotechnical
consultants for review of geotechnical documents. The motion carried on the following
roll call vote:
Ayes: Mctaggart, Byrd & Hollingsworth
Noes: Ferraro & Mayor Lyon
FINANCIAL AUDIT (602)
Finance Director Mattingly presented the December 5 staff report and the
recommendation that after Council review of these documents that they direct that the
1994 -95 comprehensive annual financial report of the City of Rancho Palos Verdes and
the corresponding audit management letter be received and filed.
Councilman Byrd so moved, seconded by Councilman McTaggart. Motion carried.
CITY COUNCIL MINUTES
DECEMBER 5, 1995
PAGE 9
AUDIENCE COMMENT: Roy Fulwider, 28219 Hazelridge, spoke to several matters:
the use of the Sheriffs badges issued to councilmembers; the runoff from the stables
in Rolling Hills Estates onto Crenshaw Boulevard; and, the newly installed median
island on Silver Spur.
(Mr. Fulwider was advised that all past councilmembers have turned in their sheriff
issued identification badges.)
Kathy Snell, 8 Vanderlip Drive spoke to several matters: payment of the assessments
in the landslide area from the maintenance fund; identification of an artesian well by the
panel of experts; and the need for bicycle lanes on P. V. Dr. South.
Kathy Snell inquired about the price of the Filorium property and urged the Council not
to pay anything for it.
RECESS TO CLOSED SESSION: At 11:04 the Council recessed to closed session to
confer with the attorney about the real property negotiations and also discuss the
Friends of Friendship Park pursuant to Government Code Section 54956 as outlined on
the Brown Act Agenda Checklist.
ADJOURNMENT: At 11:30 p.m. the meeting adjourned on motion of Councilwoman
Ferraro.
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CITY COUNCIL MINUTES
DECEMBER 5, 1995
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