FEB. 1, 2000

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

February 1, 2000

The meeting was called to order at 7:02 P.M. by Mayor Byrd at Fred Hesse Community Park, 29301 Hawthorne Boulevard. After the Pledge of Allegiance, roll call was answered as follows:

PRESENT: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd

ABSENT: None

Also present were City Manager Les Evans, Assistant City Manager Carolynn Petru; City Attorney Carol Lynch; Director of Planning, Building & Code Enforcement Joel Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; City Clerk/Administrative Services Director Jo Purcell; and Recording Secretary Jackie Drasco.

APPROVAL OF AGENDA:

A request was received to remove the Lease Extension item from the Consent Calendar for discussion before the public hearing. Councilman McTaggart moved, seconded by Councilwoman Ferraro, to approve the agenda as amended. Motion carried.

RECYCLING DRAWING: (1204 x 1301)

The winner from the last drawing was Richard Sabol, who will receive a check for $250, which represents a year of free refuse service. Another card was selected.

CEREMONIAL MATTER: (304 x 1101)

Presentation of L. A. County Proclamation to the City

Councilman McTaggart presented to Mayor Byrd a proclamation from Los Angeles County for the City’s contribution to the "SAVE 2000" campaign, which supports rescue, spaying and neutering, and humane treatment of animals.

APPROVAL OF CONSENT CALENDAR:

Lois Larue, Rancho Palos Verdes, spoke to the following matters: typographical errors in the agenda; time restrictions for public comments; the choice of signers of City contracts; the Treasurer’s Report; and the choice of bank for City accounts.

Councilwoman Ferraro, moved, seconded by Councilman McTaggart to approve the Consent Calendar as follows:

Minutes (301)

Approved the minutes of January 18, 2000, as amended.

Claim Against the City by Pete Toulios (303 x 301)

Rejected the claim and directed the City Clerk to notify the claimant.

Multi-family solid waste contract extension with Ivy Rubbish Disposal

(1204 x 1301)

(1) Approved Amendment No. 2 to the existing residential solid waste contract with Ivy Rubbish Disposal. (2) Authorized the Mayor and the City Clerk to execute Amendment No. 2 for the residential solid waste services provided by Ivy Rubbish Disposal.

Multi-Family Solid Waste Contract Extension with Waste Management of Los Angeles (1204 x 1301)

(1) Approved a five-month extension of the existing multi-family residential solid waste contract with USA Waste Management of California, Inc., dba Waste Management of Los Angeles. (2) Authorized the Mayor and the City Clerk to execute a contract extension for multi-family solid waste services with USA Waste Management of California, Inc., dba Waste Management of Los Angeles.

Partial Reductions of Bonds Associated with the Development of Tract 46651 (Seabreeze) (1204 x 1411)

(1) Approved a one-year time extension until June 2000 to complete the improvements specified in the subdivision agreement for Tract 46651 with Rancho Palos Verdes, L.L.C., c/o Pacific Heritage Homes, Inc. (2) Approved partial reductions of the various faithful performance bonds in accordance with subdivision agreement as outlined in the staff report. (3) Authorized the Director of Public Works and the City Clerk to inform the bonding company of the partial reduction of these bonds.

Household Hazardous Waste Round-Up Siting Liability Agreement with Los Angeles County (1204 x 1402)

Authorized the Mayor and the City Clerk to execute the proposed Household Hazardous Waste Collection Program Siting Liability Agreement with the County of Los Angeles and County Sanitation District No. 2 of Los Angeles County.

Purchase of Tax-Defaulted Property (1101)

Authorized the Mayor and the City Clerk to sign an Agreement to Purchase Tax-Defaulted Property for a vacant lot located on Cherry Hill Lane.

Contracts for Whale of a Day Special Event (1201)

Authorized the City Manager to sign the proposed contracts associated with the City’s 16th Annual Whale of a Day Celebration.

Gifts for Parks (1201)

Accepted the Gifts for Parks donations and directed staff to prepare letters for the Mayor’s signature expressing the Council’s thanks and appreciation.

December 1999 Treasurer’s Report (602)

Received and filed the December 1999 Treasurer’s Report for the City of Rancho Palos Verdes.

Resol. No. 2000-03 - Register of Demands (602)

ADOPTED RESOL. NO. 2000-03, 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, Lyon, McTaggart, Stern, and Mayor Byrd

NOES: None

# # # # # # # # # # #

Lease Extension for Former Cable Studio at City Hall (605 x 1101)

Assistant City Manager Petru presented the staff report of February 1, 2000 and the recommendation to authorize the extension of the lease agreement with Cox Communications for the use of the former cable studio building at City Hall until March 15, 2001. She noted that there was an inaccuracy in the staff report which stated that the Palos Verdes Radio Club operates the Emergency Communication Center in this building but it is actually run by a different group.

Dale Hanks, 5225 Middlecrest Road, representing the Don Wallace Museum, inquired if the building would be available upon expiration of Cox’s one-year extension. (A letter from Mr. Hanks is on file with the City Clerk’s Office.)

Lois Larue, south side of the Peninsula in Rancho Palos Verdes, spoke in favor of the use of the structure for the Don Wallace Museum.

Councilwoman Ferraro moved, seconded by Councilman McTaggart, to adopt the staff recommendation.

The motion carried on the following roll call vote:

AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd

NOES: None

PUBLIC HEARING:

Resolutions of Necessity for Abalone Cove sewer and Storm Drain Easement Acquisitions (450 X1204 X 2000)

Mayor Byrd opened the public hearing on this request to approve Resolutions of Necessity for Abalone Cove Sewer and Storm Drain Easement Acquisitions. City Clerk Purcell announced that notice had been duly published; that all correspondence was included in the agenda packet or presented to the Council just prior to the meeting.

Director Allison presented the staff report of February 1, 2000 and the recommendation to adopt the proposed resolutions of necessity authorizing the acquisition by eminent domain of easements through, over, or under properties which are owned by the individuals identified on Exhibit "1" attached to this report. The resolutions further authorized and directed that eminent domain proceedings be filed to acquire the parcels to construct and maintain sewer and storm drain systems in the Abalone Cove area. He updated information in the staff report to indicate that there were 16 in-street easements still to be signed out of 158 properties, and that all but two cross-lot easements were signed; both parcels being owned by the same property owner. Because of other outstanding issues on the in-street easement resolution, staff requested that the hearing for this specific resolution be continued to February 15.

City Attorney Lynch explained that if and when these two resolutions are adopted, the next step would be for the City to initiate condemnation proceedings against property owners who have not granted easements. She clarified, however, that the Council could set a deadline to accept additional signed easements.

City Manager Evans stated that staff recommends that the Council: (1) consider adopting an ordinance to require homeowners in the landslide area to connect to the sewer within a certain time period once construction is complete; (2) establish March 10, 2000 as a final date for property owners to dedicate easements to receive City/RDA paid connections and, after that time, the property owner would be responsible for the cost of connecting to the sewer; and, (3) set the same date as a deadline for all property owners who desire a gravity system when a grinder pump has been recommended to provide the necessary surveys, signatures, and documents to the City Engineer.

Council clarified the use of the tax increment for funding the sewers; the need to replace septic tanks with a sewer system to prevent excess water from entering the soil in the landslide area; that installation of sewers would not make the process for development of the area easier; and, that property owners who desire a gravity system when a grinder pump has been recommended, would receive City/RDA funding for any gravity system only for an amount equal to the cost of a grinder pump.

The following residents spoke in support of the sewer and storm drain projects:

Michael Barth, 29 Sweetbay Road; Sharon Nolan, 6 Clovetree Place; Noel Siegel, 38 Cinnamon Lane; Gerold Weber, 2 Cinnamon Lane; Robert Douglas, 33 Sweetbay Road; and, John Monks, 32200 Schooner Drive.

Gene Frank, 82 Narcissa Drive, said that he was in favor of the projects but would prefer a gravity system rather than the grinder pump which had been recommended, citing a possible cost saving for the City. He said that many other residents on his street had the same situation and were requesting more time to discuss the resolution of this problem with the City.

JoNeen Ohlaker, 84 Narcissa Drive, said that she was one of the property owners who desired a gravity system when a grinder pump had been recommended. She felt that installation of the gravity system for all the homeowners who shared her desire would save the City money by reducing the amount of pipe required by about 1,000 feet. She said that, even though the situation had changed since she signed the easement, she hoped the City would meet her conditions and those of her neighbors.

Council discussion focused on the City’s liability to replace foliage or repair damage to property should the gravity system fail.

Lois Larue, south side of the Peninsula in Rancho Palos Verdes, spoke in opposition to the project.

William Kloepfel, representing Mr. and Mrs. Petak at 25 Sweetbay Road, explained that the Petaks had been attempting to have the pump station removed from their cross-lot easement. He said that there had been confusion about the location and that they had requested a map from the City showing its location so the confusion would be cleared up.

Councilman McTaggart moved, seconded by Mayor pro tem Lyon, to (1) Set March 10, 2000 as the deadline for all signed documents to be submitted; and in the case of a homeowner desiring a gravity system when a grinder pump was recommended, to submit all documents necessary for this change. The property owner is responsible for submitting their own signed easement, their neighbor’s easement allowing access across their property, and all required surveys, legal descriptions, and liability agreements. (2) Direct staff to prepare an ordinance for Council adoption that will require all property owners in the area be connected to the sewer system. Motion carried.

Councilman Stern moved, seconded by Councilman McTaggart, that liability for the easement lies with the landowner, not the City. Motion carried.

City Attorney Lynch added that indemnification for the City would have to be part of the agreement.

Council requested that Staff be available to provide information and assist property owners in filing these required documents by the March 10 deadline.

Councilman Stern moved, seconded by Councilwoman Ferraro, to (1) ADOPT RESOL. NO. 2000-04, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF. (This resolution is for the cross-lot easements only). (2) It was the consensus to continue consideration of the resolution for the in-street easements to the February 15th meeting.

The motion carried on the following roll call vote:

AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd

NOES: None

Recess and Reconvene: At 8:20 P.M., Mayor Byrd declared a recess. The meeting reconvened at 8:35 P.M.

PUBLIC COMMENTS:

Herb Clarkson, 6424 Seabryn Drive, described his experience in accessing five address files in the Planning, Building and Code Enforcement Department and the fee of $10 for each file. He requested that the Council consider eliminating this fee.

Council consensus was to agendize this subject for a later meeting.

Dodie Clarkson, 6424 Seabryn Drive, said that the antenna ordinance on the City’s web site was obsolete and requested that the current ordinance be posted.

Don Shults, 2129 Velez Drive, representing Rolling Hills Riviera, asked the Council to continue to press for reinstatement of the FAA task force and also to encourage monitoring of planes and blimps out of Torrance and Carson.

Lois Larue, spoke to several topics: the increased public participation since public comments were moved to earlier in the meeting; the City’s relationship with Palos Verdes on the Net; the City’s 25th Anniversary Video; and, vandalism and fences on vacant property near her home.

Daphne Clarke, 10 Peppertree, presented the City with $925 collected for the Perry Ehlig Monument at Portuguese Point and said that any Thursday would fit into the Ehlig family schedule for attendance at the monument’s dedication.

REGULAR BUSINESS:

Request from the Board of Directors of the Portuguese Bend Community Association (1101 X 1900)

Mayor Byrd clarified why this matter was on the agenda, noting that a letter was received from a resident stating that the City should not vote its ballot, but should return for quorum purposes only. (A copy of this letter is on file with the City Clerk’s Office.)

Staff recommendation was to authorize City staff to return the ballot/proxy for the election of officers for the Portuguese Bend Community Association for the purpose of establishing a quorum only.

Council discussion focused on the letter received from the Association requesting that the Council return the ballot/proxy for establishing a quorum and the fiduciary responsibility the City had because of its ownership of six lots.

Jeanne Smolley, 56 Limetree Lane, said that she had been on the board of the Portuguese Bend Community Association for 25 years and she explained that since this was a community association, not a homeowner’s association, each parcel, unimproved or not, had one vote. She said that the City had always returned the ballot/proxy to establish a quorum only but she did not know why.

Daphne Clarke, 10 Peppertree Drive, agreed that the City had a fiduciary responsibility to vote but said that a proxy could be named. She speculated that the current litigation with the York organization had prompted the letter.

Councilman Stern summarized his memo of January 26, 2000 in which he questioned the City Council’s involvement in the association’s activities. (Said memo was a part of the agenda packet.)

Mayor pro tem Lyon moved, seconded by Councilwoman Ferraro, that the Council continue the prior policy to send in the ballot/proxy for the purpose of establishing a quorum only. Motion carried.

Residential Solid Waste Contract with Ivy Rubbish Disposal for Area Two

(1204 X 1301)

Director Allison presented the staff report of February 1, 2000 and the recommendation to (1) Award an exclusive residential solid waste service contract to Ivy Rubbish Disposal for Area Two. (2) Authorize the Mayor and the City Clerk to execute an agreement with Ivy Rubbish Disposal as the exclusive residential solid waste service provider for Area Two.

Michael Barth, 29 Sweetbay Road, speaking on behalf of Mr. and Mrs. Ivy, said that the contract was acceptable to them.

Councilwoman Ferraro moved, seconded by Councilman McTaggart, to adopt staff recommendation. The motion carried on the following roll call vote:

AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd

NOES: None

Utility Undergrounding Program (901 X 1204)

Director Allison presented the staff report of February 1, 2000 and the recommendation to (1) Provide staff with direction on Arterial Roadway undergrounding program. (2) Direct staff to prepare guidelines for a residential undergrounding program to assist residential neighborhoods with undergrounding districts.

Council discussion centered on additional funding that might be available from the County; involvement by the Beautification Committee; the need for a "how-to" booklet with guidelines and a flow chart for neighborhoods to initiate the process; and, the fact that opposition by one property owner could stop the process.

Mayor pro tem Lyon moved, seconded by Councilman McTaggart, to (1) Direct staff to prepare guidelines for a residential undergrounding program to assist residential neighborhoods with undergrounding districts. (3) Request that the ad hoc Beautification Committee (Mayor pro tem Lyon and Councilman McTaggart) look for sources of funding for the Arterial Undergrounding Program and present a recommendation to the Council.

Scott Gobble, Southern California Edison, offered to assist in publishing guidelines for neighborhoods interested in undergrounding and to have an Edison representative attend, at no charge, a neighborhood informational meeting to explain the process. He explained the advantages and disadvantages of funding with property owner assessments or with a bond.

Budget Meeting Schedule for 2000 (307 X 602 X 1101)

Assistant City Manager Petru presented the staff report of February 1, 2000 and the recommendation to select two dates in mid to late May for the City Council budget review sessions.

After discussion, Council consensus was to schedule two meetings on May 8 and May 15, 2000 from 9:00 A.M. to approximately Noon in the City Hall Community Room.

Posting Staff Reports to the City’s Web Site (307 X 602)

Director McLean presented the staff report of February 1, 2000 and the recommendation to direct staff to continue to post City Council meeting staff reports to the City’s web site.

Director McLean estimated that the cost to post the reports for the remainder of the year would be about $5,000 and that there was no information as yet regarding the number of times these reports had been accessed.

Council discussion centered on the number of people who request hard copies of staff reports versus the number of people who could access them on the internet, publicizing this availability on the Reader Board and in the City’s Newsletter, and placing the web site address on City letterhead.

John Freeman, 6850 Faircove Drive, urged the City to consider a vision of the goals for applying technology as efficiently as possible and to make Internet access available for City staff to avoid having hard copies of staff reports as well as copies on the web site. (A written summary of Mr. Freeman ‘s comments is on file with the City Clerk’s Office.)

Council encouraged Mr. Freeman to share his ideas with Director McLean so that more information could be brought to a future Council meeting.

Councilman Stern moved, seconded by Councilman McTaggart, to adopt staff recommendation and to publicize the availability of staff reports on the City’s web site as discussed. Motion carried.

REPORT ON CLOSED SESSION:

City Attorney Lynch reported that the Council unanimously authorized compensation to owners for cross-lot easements concerning the sewer and storm drain projects and all other issues pertaining to this subject were continued to February 15, 2000. Regarding the view restoration matter, City Attorney Lynch reported that no action was taken and that the item was continued to February 15, 2000. With regard to the lots listed on the addendum to the Closed Session, City Attorney Lynch announced that 7572-017-002 had been inadvertently left off the list.

CITY COUNCIL REPORTS:

Councilman McTaggart reported that there would be a demonstration in front of the FAA building on Monday, February 7, 2000, at 9:00 A.M. to protest the dissolution of the Task Force and that he planned to participate along with other interested elected officials and residents.

ADJOURNMENT:

Adjourned at 10:05 P.M on motion of Mayor Byrd.

 

________________________

MAYOR

ATTEST:

 

__________________

CITY CLERK

 

 

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