M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

APRIL 17, 2001

 

The meeting was called to order at 7:05 P.M. by Mayor Lyon at Fred Hesse Community Park, 29301 Hawthorne Boulevard. After the Pledge of Allegiance, roll call was answered as follows:

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

ABSENT: None

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

CEREMONIAL MATTERS:

Mayor Lyon presented a proclamation to Lieutenant Mike Grimaldi from the Lomita Sheriff Station who has worked closely with the City for the last five years and who has accepted another assignment within the Sheriff’s Department. Lieutenant Grimaldi introduced Lieutenant John Herrera who will take his place as Operations Lieutenant.

RECYCLING DRAWING:

Recycling winners from the last drawing were Dennis Mari and Mary Bradanovic who will each receive a check for $250, which represents a year of free refuse service. Two more cards were selected.

APPROVAL OF AGENDA:

Councilwoman Ferraro moved, seconded by Councilman Byrd, to approve the agenda. Motion carried.

APPROVAL OF CONSENT CALENDAR:

Mayor Pro Tem McTaggart moved, seconded by Councilwoman Ferraro, to approve the Consent Calendar as follows:

Lois Larue, 3136 Barkentine Road, commented on the salary increase of City Manager Les Evans; the departure of Accounting Manager Matt Burton, who accepted an offer from another city; and, the hourly wages of the City’s Crossing Guard and Recreation Leaders.

Minutes (301)

Adopted the Minutes of March 24, April 3, and April 7, 2001.

Resol. No. 2001-31 - Used Oil Recycling Block Grant for FY 2001-2002 (1204 x 1301)

(1) Authorized the application of the FY 2001-2002 used oil block grant to continue the used oil recycling program for City of Rancho Palos Verdes (City) residents. (2) ADOPTED RESOLUTION NO. 2001-31, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ANY AGREEMENTS, CONTRACTS, AND REQUESTS FOR PAYMENT AS NECESSARY TO IMPLEMENT THE PROGRAM.

Amendment to MOU for MAX Capital Reserve Fund (1204 x 1505)

Authorized the Mayor and the City Clerk to execute the Amended Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (MTA) to extend the term of the Proposition A & C Local Return Capital Reserve account for the replacement of Municipal Area Express (MAX) buses.

Resol Nos. 2001-32, 2001-33, and 2001-34 - Citywide Landscaping and Lighting Maintenance District (1204 x 901)

(1) ADOPTED RESOLUTION NO. 2001-32, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2001-2002 AND ORDERING THE ENGINEER TO PREPARE A REPORT IN CONNECTION THEREWITH. (2) ADOPTED RESOLUTION NO. 2001-33, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES 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 2001-2002. (3) ADOPTED RESOLUTION NO. 2001-34, DECLARING THE CITY COUNCIL’S INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2001-2001 AND SETTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO.

Second Amendment to Employment Agreement (1101 x 1202)

Approved the Second Amendment to the Employment Agreement between the City and City Manager Les Evans.

Crossing guard services for 2001-2002 school year -Amendment No. 9 - All City

Management Services, Inc. (301 x 1503)

Authorized the Mayor and the City Clerk to execute Amendment No. 9 to the agreement with All City Management Services, Inc. (All City), for an amount not to exceed $7,500 to provide crossing guard services at Miraleste Intermediate School for the 2001-2002 School Year.

Resol. No. 2001-35 - Application for a Household Hazardous Waste Grant, Fiscal Year 2001-2002 (1204 x 1301)

(1) ADOPTED RESOLUTION NO. 2001-35, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING STAFF TO SUBMIT AN APPLICATION FOR A HOUSEHOLD HAZARDOUS WASTE (HHW) GRANT, FISCAL YEAR 2001/02, TO ESTABLISH A DOOR-TO-DOOR HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, WITH THE CITY OF RANCHO PALOS VERDES ACTING AS LEAD AGENCY FOR A REGIONAL PROGRAM. (2) Authorized the use of Curbside, Inc. as the contractor providing the collection of Household Hazardous Waste material related to this grant. (3) Authorized the use of Huls Environmental Management, LLC as the consultant providing administrative, monitoring, reporting, and coordinating functions related to this grant.

Resol. No. 2001-36 - Register of Demands (602)

ADOPTED RESOLUTION NO. 2001-36, 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 carried on the following roll call vote:

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

NOES: None

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PUBLIC HEARINGS:

Six-Month Review of Conditional Large Domestic Animal Permit No. 2 [Roger Grove, "Ride-to-Fly", 50 Narcissa Drive] (1203 x 1808)

Mayor Lyon opened the public hearing on this request to perform a six-month review of Conditional Large Domestic Animal Permit No. 2. City Clerk Purcell announced that notice had been duly published and that any written correspondence has become part of the agenda packet distributed to the City Council.

Senior Planner Fox presented the staff report of April 17, 2001 and the recommendation to review the operation of the "Ride-to-Fly" therapeutic riding program for compliance with the conditions of approval for Conditional Large Domestic Animal Permit No. 2.

There being no response to the Mayor’s call for testimony, she declared the hearing closed.

Mayor Pro Tem McTaggart moved, seconded by Councilwoman Ferraro, to adopt the staff recommendation. Motion carried.

REGULAR BUSINESS:

Maintenance Contracts (1204 x 1405)

Director Allison presented the staff report of April 17, 2001 and the recommendation to

(1) Authorize Change Order Number One to the Street Sweeping Contract to increase rates by 5% effective July 1, 2001. (2) Authorize Change Order Number One to the Roadside Maintenance Contract to increase rates by 10.7% effective July 1, 2001. (3) Authorize Change Order Number One to the Roadway and Drainage Maintenance Contract to approve the April 1, 2001 schedule for equipment rates, and to increase the hourly rates by 10.9%. (4) Authorize Change Order Number One to the Park and Trail Maintenance Contract to increase monthly rates by 10.7 %. (5) Increase the expenditure limit for trail maintenance to $20,000.

Council discussion focused on the extension of these contracts; the decision that would have to be made next year to either grant another extension or advertise for new bids; the lack of increases from these vendors over the last few years; and, the confidence that staff has with the current vendors and the familiarity that these firms have with the City’s requirements.

Councilman Stern moved, seconded by Mayor Pro Tem McTaggart to (1) Authorize Change Order Number One to the Street Sweeping Contract to increase rates by 5% effective July 1, 2001. (2) Authorize Change Order Number One to the Roadside Maintenance Contract to increase rates by 10.7% effective July 1, 2001. (3) Authorize Change Order Number One to the Roadway and Drainage Maintenance Contract to approve the April 1, 2001 schedule for equipment rates, and to increase the hourly rates by 10.9%. (4) Authorize Change Order Number One to the Park and Trail Maintenance Contract to increase monthly rates by 10.7 %. (5) Increase the expenditure limit for trail maintenance to $20,000.

The motion carried on the following roll call vote:

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

NOES: None

Review of Geologic/Geotechnical Data Zone II (1101 x 1801)

City Manager Evans presented the staff report of April 17, 2001 and the recommendation to (1) Approve a Professional Services Agreement with Cotton, Shires and Associates to review existing geologic and geotechnical documents to determine whether the data are sufficient to allow building on vacant lots in Zone II if the local factor of safely calculated for the lot is 1.5 or greater. (2) Authorize the expenditure of up to $30,000 for the Cotton, Shires contract from Building and Safety Account 402.35 Technical and Professional Services

Council discussion centered on the importance of selecting disinterested geologists to be assured of obtaining objective results. It was argued that Keith Ehlert might not be completely objective since he had performed work for Zone II lot owners who wished to develop their land; however, it was also felt that his familiarity with the area would be a benefit.

Lois Larue, 3136 Barkentine Road, said that she attended and videotaped the panel of experts meetings and that not all the other geologists agreed with Dr. Perry Ehlig’s opinions. She asked for additional information regarding the institution and the date of the degrees received by Keith Ehlert, one of the geologists being considered for the peer review group.

Joan Kelly, 6 Fruit Tree Road, a resident in Zone II, agreed that it was critical that the geologists’ report be objective and that a decision should not be made to allow development until after the sewer and Altamira Canyon drainage projects were completed. She asked if lot owners building on their property would sign a waiver that they would not sue the City if there were problems caused by land movement.

Bill Griffin, 5 Ginger Root Lane, read a letter he had submitted to the City along with an excerpt from the 1970 report regarding stability in the Flying Triangle area of Rolling Hills and an excerpt from the guidelines from the American Consulting Engineers Council and the America Society of Civil Engineers about project peer review. His letter requested re-establishment of the accepted standard of factor of safety of 1.5 for the local and gross stability in Zone II and use of an independent and impartial peer review. He objected to Keith Ehlert being in the peer review group. (A copy of Mr. Griffin’s letter with its attachments is on file in the City Clerk’s Office.)

John Monks, 32200 Schooner Drive, a lot owner in Zone II, recalled that the data had been reviewed in 1996-1997 by a five-member panel which established the zones and recommendations for the conditions of development for each zone. He said that the consensus of the panel was that it was not practical to determine the gross stability of 1.5. He felt that the new review was redundant but everyone would probably feel more comfortable if the data was studied again.

Chris Haber, 11 Plum Tree Road, a lot owner in Zone II, was pleased that the possibility of development was being reviewed and felt that geologists who were familiar with landslides in the City would be preferable members of the peer review group. He felt that Keith Ehlert would provide an objective review because of his reputation in the community and experience with the landslides. He urged the Council to select geologists with the appropriate knowledge for the review.

Council discussion focused on how critical the decision would be and the benefit of having Cotton Shires and the peer review panel both provide reports; that the peer review meetings would be noticed per the Brown Act; that the City owed it to the lot owners in Zone II to make a decision on whether they could build on their land; the need for the best technical advice; and, if additional testing and expense would be required for the Council to make a final, informed decision.

Councilman Stern moved, seconded by Mayor Lyon, to: (1) Approve a Professional Services Agreement with Cotton, Shires and Associates to review existing geologic and geotechnical documents to determine whether the data are sufficient to allow building on vacant lots in Zone II if the local factor of safely calculated for the lot is 1.5 or greater and approved Alternative No. 2 to form a Peer Review Committee to review the data; authorized a total expenditure of up to $45,000 from the Building and Safety Account 402.35 Technical and Professional Services.

Council noted that a lot owner would be required to sign a hold harmless agreement protecting the City should development be allowed on a specific lot.

The motion carried on the following roll call vote:

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

NOES: None

Appointment of a City Council Ad Hoc Committee to Study City Border Issues (1101 x 306)

City Manager Evans presented the staff report of April 17, 2001 and the recommendation to consider the request of the Rolling Hills Riviera Homeowners’ Association to appoint a City council Ad Hoc Committee to Study Border Issues and asked Mayor Lyon to comment on her suggestion to form this committee.

Mayor Lyon relayed the request of the Rolling Hills Riviera Homeowners Association to enlist the support of the Council to be proactive about issues with bordering cities when they affect City residents.

Don Shults, 2129 Velez Drive, representing Rolling Hills Riviera Homeowners Association, mentioned construction, expansion, and traffic in the City of Los Angeles, including the harbor, as well as Rolling Hills Estates and Lomita which affect residents on the east side of the City. He expressed appreciation to Mayor Lyon for coming to their Homeowners Association meeting to listen to their concerns, urged the Council to form the suggested ad hoc committee, and offered assistance from his association.

Council discussion centered on the need for this type of action to protect the unique interests of residents living near these borders.

Councilman Stern moved, seconded by Councilman Byrd to create a City Council Ad Hoc Committee to Study Border Issues. Motion carried.

Mayor Lyon agreed to serve on the Ad Hoc Committee, as did Mayor Pro Tem McTaggart. There was no objection.

Mayor Lyon suggested that this Ad Hoc Committee sunset December 2001.

Removal of Debris from a Canyon Outside City Right of Way (1204 x 1200)

Director Allison presented the staff report of April 17, 2001 and the recommendation to

authorize the expenditure of up to $750 to remove debris from a canyon on property owned by the Miraleste Parks and Recreation District.

Dawn Henry, 6525 Via Colinita, representing the Miraleste Recreation & Park District, described the situation of flowing water which carried debris to the bottom of Miraleste Canyon and said that the District would really appreciate the assistance of the City in alleviating the problem.

Council discussion focused on the need to increase the funding in the event that the cost might be more than expected.

Mayor Pro Tem McTaggart moved, seconded by Councilwoman Ferraro, to authorize the expenditure of $1,000 to remove debris from a canyon on property owned by the Miraleste Parks and Recreation District.

The motion carried on the following roll call vote:

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

NOES: None

New Legislation Pertaining to Housing Elements – SB 910 (Dunn) (306 x 701)

City Attorney Lynch presented the staff report of April 17, 2001 and the recommendation that the City communicate its opposition to this bill to the City’s legislators in Sacramento. She said that Mayor Pro Tem McTaggart had requested that this item be placed on the agenda.

Mayor Pro Tem McTaggart expressed a concern about loss of state funding if the City’s Housing Element was not certified and reported on the activities of a committee for the Southern California Association of Governments (SCAG) on which he serves.

Council discussion focused on the bill’s contribution to erosion of local control; its punitive nature; and, the history and motivation for the proposed legislation.

Councilman Byrd moved, seconded by Councilwoman Ferraro to write a letter to Senator Betty Karnette with a copy to Assemblyman Alan Lowenthal signed by all Councilmembers indicating the City’s opposition to this bill. Motion carried.

Aviation Element of Draft Regional Transportation Plan Prepared by the Southern California Association of Governments (SCAG) (1101 x 1505)

City Manager Evans requested that Mayor Pro Tem McTaggart present the staff report of April 17, 2001 and the recommendation to consider aviation scenarios proposed by SCAG and determine whether to support a scenario which had been approved by the South Bay Council of Governments.

Mayor Pro Tem McTaggart explained that the approved Scenario 8 provides for less expansion than some of the other scenarios, however, he felt that the "no project" alternative would have been better since it allowed for expansion only for safety, not for additional passengers. He said that Scenario 8 was misleading because it took into account only an increase in the number of passengers, not freight but he indicated that the vote had already been taken so there was no point in protesting the action of the COG’s approval of Scenario No. 8 even though it was not the best situation for the City. He described the approval of this scenario at the March meeting of the South Bay COG and his decision not to vote because there was no background information provided. He added that he is Chair of a Round Table which is meeting to decrease aircraft noise over the Peninsula and surrounding areas and he spoke in support of growth at outlying airports rather than LAX.

Council consensus was to write a letter to the South Bay Council of Governments (COG) suggesting that they have information available prior to voting to assist their members in making good decisions.

PUBLIC COMMENTS:

Lois Larue, 3136 Barkentine Road, suggested that the Council take some action to honor the memory of Los Angeles City Councilman John Ferraro; asked to receive a copy of any late correspondence distributed to the Council at the onset of the meeting; expressed her dislike of the new seating arrangements at Council meetings; and, felt that Councilman Byrd should recuse himself from voting on the outcome of the Long Point project because he will be moving out of the City when his term ends.

Tom Redfield, 31273 Ganado, requested that the Council reconsider Councilman Stern’s proposal at the April 3 meeting to solicit public input at Recreation and Park Committee meetings for suggestions of development of Upper Point Vicente Park near City Hall. He said that one excuse which some Councilmembers gave was that there were no funds for development and he noted that $408,000 for improving parklands.

had recently been granted to the City by the passage of Proposition 12.

Don Shults, 2129 Velez Drive, representing Rolling Hills Riviera Homeowners Association, spoke about renovation of a shopping center at Western Avenue and Westmont which he hoped could be studied by the newly formed Ad Hoc Committee; the bill authored by State Senator Betty Karnette which would allow preschool children in the Eastview section of the City to participate in programs within the Palos Verdes Peninsula Unified School District; and, he inquired about the tasks and accomplishments of the Western Avenue Corridor Task Force.

After a motion by Councilwoman Ferraro, seconded by Councilman Stern, the Council unanimously agreed to add to the closed session a potential litigation matter suggested by City Attorney Lynch pursuant to Government Code Section 54956.9(b) based upon a significant exposure to litigation against the City which is not yet known to the potential plaintiffs.

RECESS & RECONVENE:

At 9:00 P.M., Mayor Lyon declared a recess to a Closed Session. The meeting reconvened at 10:00 P.M.

CLOSED SESSION REPORT:

City Attorney Lynch reported that the Council unanimously directed staff to make another counter-offer to York Long Point Associates for the Upper Filiorum property and that no direction was given by the Council regarding the two potential litigation matters.

ADJOURNMENT: Adjourned, in memory of Los Angeles Councilmember John Ferraro, at 10:00 P.M. to Saturday, April 21, at 9:00 A.M. for a Budget Policy Workshop in the City Hall Community Room.

 

 

 

____________________

MAYOR

ATTEST:

 

__________________

CITY CLERK

 

 

 

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