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CC MINS 19980721MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 21, 1998 The meeting was called to order at 7:05 P.M. by Mayor Ferraro at Fred Hesse Community Park, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance to the Flag, roll call answered as follows: PRESENT: Hollingsworth, Byrd, Lyon, McTaggart, and Mayor Ferraro ABSENT: None Also present were City Manager Les Evans; Assistant City Manager Carolynn Petru; City Attorney Carol Lynch; Director of Planning, Building & Code Enforcement Director Joel Rojas; Acting Director of Public Works Dean Allison; Director of Finance Dennis McLean; Administrative Services Director /City Clerk Jo Purcell; and Recording Secretary Chandra Kincaid. APPROVAL OF AGENDA Councilwoman Lyon moved, seconded by Councilman Mayor Pro Tem Hollingsworth, to approve the Agenda. Motion carried without objection. APPROVAL OF CONSENT CALENDAR Regarding the minutes of July 7, 1998, Ms. Lois Larue, 3136 Barkentine Road, questioned why the City contributed Only $1,000 to the American Communities for Cleanup Equity for the defense of the U.S. Environmental Protection Agency's Superfund Municipal Settlement Policy; questioned why the City authorized the Mayor and the City Clerk to execute the proposed Loan Agreement between the City and the Rancho Palos Verdes Redevelopment Agency; questioned why the City is going to hire Gary Amo at $75 /hour; and she questioned why the City will only be receiving $190,000 back from the sale of Mr. Bussey's home when it was purchased for over $6001000. Council members responded to Ms. Larue's comments by informing her that the figure of $600,000 for the purchase of Mr. Bussey's home is inaccurate; and that the City contributed $1,000 to the American Communities for Cleanup Equity for the defense of the U.S. Environmental Protection Agency's Superfund Municipal Settlement Policy because they were asked to come up with a figure that they would feel comfortable with. Councilman McTaggart moved, seconded by Mayor Pro Tem Hollingsworth, to approve the Consent Calendar as follows: City Council Minutes July 21, 1998 Page 1 Minutes (301) Approved the Minutes of July 7, 1 998. Peninsula Fire /Disaster Preparedness Forum (I 101 x 401) Approved City joint sponsorship of the proposed Peninsula Fire /Disaster Forum and authorize an expenditure of up to $500 of City promotional funds for our share of the cost of such event. Acceptance of Donation of Trash Receptacles for City Parks (1201) Accepted the donation of five trash receptacles from the Donahue Schriber Realty Group, and authorized the Mayor to send a letter expressing the Council's appreciation. Gifts for Parks (1201) Accepted the Gifts for Parks donations for the REACH program, Ladera Linda's Discovery Room, Point Vicente Interpretive Center, and the July 4th Celebration, and directed staff to prepare letters for the Mayor's signature expressing the Council's thanks and appreciation. Award of Contract for the FY 1997 -98 Sidewalk Repair Program (1204 x 1405) 1. Awarded a contract to Impact Devco in the amount of $90,307.50 and authorized . staff to spend up to $4,692.50 contingency for a total of $95,000.00 for the FY 1997 -98 Sidewalk Repair Program; 2. Authorized the Mayor and City Clerk to execute agreement for same. Geotechnical Services for the Scenic Turnouts Project (1204 x 1505) 1. Awarded a Professional Services Agreement to Rybak Geotechnical, Inc. in an amount not to exceed $4,700.00, for geotechnical services to construct two scenic turnouts along Palos Verdes Drive West and South. 2. Authorized the Mayor and City Clerk to execute an agreement for same. Commercial Refuse and Collection Agreement with L & S Disposal(1204 x 1301) Authorized the Mayor and the City Clerk to execute a Nonexclusive Franchise Agreement for Commercial Refuse Collection and Disposal Services with L & S Disposal to be effective through December 31, 1998. Refund of the Case Processing Fee for View Restoration Permit No. 48 (1203 x 1806) Approved the applicant's request to refund the case processing fee for View Restoration Permit No. 48, involving the Mira Catalina Elementary School. City Council Minutes July 21, 1998 Page 2 Resol. No. 98 -67 - Register of Demands (602) ADOPTED RESOL. NO. 98-671 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: ALES: Hollingsworth, Byrd, Lyon, McTaggart, and Mayor Ferraro NOES: None PUBLIC HEARING: Resol. No. 98 -68 - Sidewalk Repair Program Delinquent Accounts (602 x 1405) Mayor Ferraro opened the public hearing on the matter and City Clerk Purcell announced that notice had been duly published and no protest letters had been received by the City. Acting Director Allison presented the staff report of July 21, 1998 and the recommendation to 1. Receive, confirm and file the July 7, 1998 Report of Repairs and Costs from the Superintendent of Streets regarding delinquent accounts for sidewalk repair; 2. Conduct a public hearing to consider the delinquent accounts for sidewalk repair; and, 3. Adopt the proposed resolution ordering the establishment of special assessments, the placement of liens on real property and the placement of charges on the real property tax bill for collection of unpaid sidewalk repair assessments. There being no response to the Mayor's call for public testimony, she ordered the public hearing closed. Councilman McTaggart moved, seconded by Mayor Pro Tem Hollingsworth to 1. Receive, confirm and file the July 7, 1998 Report of Repairs and Costs from the Superintendent of Streets regarding delinquent accounts and 2. Adopt Resolution 98- 68, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OR RANCHO PALOS VERDES ORDERING THE ESTABLISHMENT OF SPECIAL ASSESSMENTS, THE PLACEMENT OF LIENS ON REAL PROPERTY AND THE PLACEMENT OF CHARGES ON THE REAL PROPERTY TAX BILL FOR COLLECTION OF UNPAID SIDEWALK REPAIR ASSESSMENTS. The motion carried. REGULAR BUSINESS: Abalone Cove Beach Improvement Project (1201 x 1204) Director Allison presented the staff report of July 21, 1998 and the recommendation to City Council Minutes July 21, 1998 Page 3 1. Approve a design concept for the Abalone Cove Beach Project. 2. Authorize staff to solicit proposals for professional services to implement the project. City Clerk Purcell reported the receipt of a petition from Brian F. Conroy, 24 Seacove Drive. Said petition had been circulated by various neighbors in the community and reflected solid opposition to this project as currently presented. Vic Quirarte, 29369 Quailwood Drive, stated that he attended the community meeting regarding this matter and in referring to a letter dated July 1 he noted that out of the approximately 36 people present at the meeting only one family voiced a pp roval for the project; that there was general agreement that the people did not want the arkin lot at p g Abalone Cove Beach. He further spoke against installing a parking lot for the following reasons: salaries would have to be paid to a gate keeper and a year -round life guard and, because of the increase in usage, litter on the beach would increase. Lynn Swank, 8 Sea Cove Drive, speaking against the parking lot, stated that she feels improvements should be organic and consistent with nature and urged the Council to improve what is already there and to use the Measure A funds in other areas. She noted that should the Council decide to move forward with this project then she would to look at the limited use and that she would like to know what the buildings will be used for. William Swank, 8 Sea Cove Drive, referred to his two -page letter that he submitted to the Council which summarized his thoughts on this issue. He noted that everyone he spoke to regarding the project spoke against the parking lot, the additional buildings inaccessible the long hours of use. He disputed the idea that the beach is and noted that there are less intrusive alternatives than a 45 -car parking lot; that it would be easier to put a turn around with five handicapped spaces and have one person park on top and walk back. With respect to the additional buildings, he noted that they do not serve the purpose of increased public access and expressed concerns with nighttime activity at the Cove. Stacy Petravicius, 15 Sea Cove Drive, spoke against the proposal because he does see the need for a new parking lot at the beach; that if they want to fill the parkin lot g up at the top to consider eliminating the $5 charge. He also noted that he does not feel the extra public this improvement will attract is going to help the ecology in that area; . 9Y , questioned why money should be wasted on extra labor; suggested that if there is money left over then it should be used to better maintain the beach and to, perhaps, put in a tennis court. Robert Haase, 20 Sea Cove Drive, speaking against the proposal, stated that he would like to keep the beauty of the beach as it is now it its relatively natural state and urged the Council to consider the outline he left with them containing his thoughts. He also . g presented to Council bags of trash that he had picked up along the beach. Don Hill, 3 Oceanaire Drive, speaking for the project, stated that if the City controls the beach and set the laws there will be a system favorable to all. S. Bruce Franklin, 15 Oceanaire Drive, spoke in support of the improvements and City Council Minutes July 21, 1998 Page 4 noted that he feels they are essential to make it possible for senior citizens, young parents with children, and the disabled gal a. access to the beach. Bill Ruth, 4 Thyme Place, applauded the City's efforts in trying to make Abalone Cove Beach more accessible and family friendly. Sonja Hayes, 64 Via Capri, speaking in support of the improvements stated that by putting a parking lot in, it would allow her husband, and other friends, who are not able to walk to the bottom the ability to use the park; noted that one way to keep things nice would be to put a trash receptacle down there; and she urged the Council to go forward with the plans. Captain Kenny Atkins, 1222 Paseo Del Mar, spoke on behalf of the County Fire Department Life Guard Division, addressed two areas of concerns of his department: public safety and the ability for the department to be able to continue to store a vehicle and equipment in the building. Upon completion of his remarks, Council requested Captain Atkins to write down all of the fire department's concerns and present to the City Manager so staff will have an opportunity to address them. Max Thomas, 3849 Pirate Drive, stated that he was a member of the Abalone Beach Club back in the early 60s and does not recall any problems with the parking lot or with crowd control; he noted that the tide pools were in better shape then than they are now; and stated that he is in full support of this project and commended the Council for their proposal. Dave Ruth, 40 Cinnamon Lane, spoke in support of the project and complimented the City Council for taking action and spending these funds on Abalone Cove Beach. Lois Larue, 3136 Barkentine Road, referred to a letter from Colonel and Mrs. Heath who could not be present this evening, and questioned whether the City is aware of the fact that the Abalone Cove landslide is moving. Sandy Holderman, 2412 Via Carrillo, Director of Portuguese Bend Nursery School, stated that she does not support these improvement plans, but would like the overall picture to be reviewed because she feels there is quite a natural gift for generations to come and see and feels that it can either be destroyed or it can be preserved for years to come. Liz Campbell, 29 Packet Road, stated that she used to be a member of the Abalone Cove Beach when it was a private beach club for average people with average means and that they took pride in the beach and took very good care of the beach and the tide pools. She noted her concerns regarding the tide pools and stated that whatever happens she would like to see the tide pools protected and suggested moving the life guard down there. Angelika Brinkmann -Busi, 2141 West 35th Street, speaking on behalf of the California Native Plant Society /South Coast Chapter, pointed out that Abalone Cove is an City Council Minutes July 21, 1998 Page 5 ecological preserve. She expressed concerns that widening of the road and construction of a parking lot will negatively impact the natural resources; that the increased buildings and infrastructure will lead to increased recreational use which will have an indirect impact the sensitive resources; and also related concerns about the fact that if this project is implemented by November it does not give adequate time to assess the environmental problems. Recess and Reconvene: At 8:15 P.M., Mayor Ferraro declared a recess. The meeting reconvened at 8:25 P.M. Council discussion focused on the parking lot and various configurations and finishes that might be used instead of the proposed asphalt; whether usage of the lower parking lot should be restricted to people 55 and older, the handicapped, and families with young children. Also discussed was the possibility of setting a curfew for the park and the need to protect the tide pools. Councilman McTaggart moved, seconded by Lyon to 1. Approve a design concept for the Abalone Cove Beach Project. 2. Authorize staff to solicit proposals for professional services to implement the project. Discussion of the motion centered on projected cost figures, the feasibility of deleting the 10 percent contingency fee in the proposal, and whether the cost of the picnic umbrellas could be reduced in an effort to stay within the proposed $556,000 budget. City Manager Evans explained that staffs next step, after receiving Council's authorization, will be to hire an architect to implement a project design and that staff would come back to Council in approximately 60 days with a such a contract. Councilman McTaggart, seconded by Councilwoman Lyon, moved to amend his motion to maintain the $556,000 budget and to come back to Council with designs that can accomplish that. Motion carried without objection. Agreement for Legal Services - Richards, Watson & Gershon (103 x 1101) The July 21 staff report recommended that Council approve the agreement for legal services with the firm of Richards, Watson & Gershon and authorize the Mayor and the City Clerk to execute said agreement. Lois Larue, 3136 Barkentine Road, pointed out to the Council several areas in the proposal that should be clarified. Addressing a question put forth by Councilman McTaggart, City Attorney Lynch stated that the Improvement Authority will be included in the Agreement for Legal Services. Councilman McTaggart moved, seconded by Councilwoman Lyon to approve the Agreement for Legal Services between the City and Richards, Watson & Gershon and authorize the Mayor and City Clerk to execute an agreement for same. City Council Minutes July 21, 1998 Page 6 The motion carried on the following roll call vote: AYES: Lyon, McTaggart, Byrd, Hollingsworth, and Mayor Ferraro NOES: None. City Travel Policy Revision (306 x 1101) City Manager Evans presented the staff report of July 21, 1998 and the recommendation to adopt revised City Council Policy Number 16: Travel and Meetings. Lois Larue, 3136 Barkentine Road, suggested including in the City Travel Policy Revision verbiage that would not allow developers pay for Council members way into any event and she also noted corrections that should be made in the revision. City Attorney Lynch responded that State law requires that any gift received by Council from any developer is required to be reported in their annual Statements of Economic Interest; that anything that exceeds $50 has to be reported and that there is a $290 /year cap on gifts received. Council discussion centered on the options of reimbursements available to them and how much notice is needed to be given to the Finance Department to receive the $50 in advance and with respect to how the $50 advance is to be accounted for. It was argued, however, that in the event there are any funds remaining from this per diem advance that it should be refunded to the City. Councilman Byrd moved, seconded by Councilman McTaggart, to adopt revised City Council Policy Number 16: Travel and Meetings. The motion carried with Mayor Pro Tem Hollingsworth noting his objection to this revision because he felt it appeared to the general public as though there's an opportunity for Council members to take money without having expenses. 1998 Electric Utility Proposition (306 x 605 x 1101) Councilman McTaggart explained that he requested this item be put on the agenda as an information item because he found the number of people opposed to this initiative interesting and requested that a representative from Edison be present to discuss the matter. Lois Larue, 3136 Barkentine Road, stated that after reading the Electric Utility Proposition, she does not understand it and questioned who is going to pay the $6 billion. Scott Gobble, Southern California Edison, related his concern with Proposition 9 which will be on the November ballot. He explained how this proposition is misguided, flawed and costly. That it would dismantle California's electricity market just as it is getting underway and end the new era of customer choice and competitive electric rates. Continuing, he said that this proposition would create a $6 billion hole in the State budget, resulting in significant reductions in key services and potentially result in City Council Minutes July 21, 1998 Page 7 a huge tax increase. Additionally, that this proposition is poorly written and guarantees nothing but more lawsuits and red tape; that it would harm California's economic recovery and threaten thousands of jobs; and, he urged the Council to join the State coalition opposing this misguided initiative. Councilman Byrd moved, seconded by Councilman McTaggart, to present this matter to Contract Cities and the League and request that they take a position on this matter. Motion carried. Edison's Raptor Protection Program (605) Referring to some brush fires that were caused by large birds that had flew between power lines, Mr. Gobble of the So. California Edison Co., distributed an article explaining how transmission towers have been modified to minimize this accidental contact between phases or phase and ground, causing harm to or electrocuting raptors that often perch or next on these towers. Reconsideration of Position on AB1776(McClintock) - Repeal of Vehicle License Fees (306 x 1101) Councilman McTaggart presented the staff report of July 21, 1998 and the recommendation to review and discuss California Contract Cities correspondence, resolution and Legislative Alert bulletin opposing AB1776, SB2001, and SB 1723 to possibly reconsider the Council's position in reference to legislation regarding the repeal of the Vehicle License fee. The consensus was that Council had previously voted on this item Council discussion focused on the small amount of revenue the City gets from the license fees versus the total amount paid by residents. City Manager Evans reported that in the League's latest bulletin, their position has changed a little and it now appears that both parties have come to some kind of agreement that there should be a credit on state income tax for the vehicle license fee paid. ORAL CITY COUNCIL REPORTS: Mayor Ferraro reported that the Eastview School Transfer hearings will be held before the Appropriations Committee on July 29, 1998 and requested that someone from the Council attend this meeting in the event she cannot; and that they will be sending letters to all of the members of the Appropriation Committee reminding them of how important this issue is to the City. Councilman McTaggart reported that he attended a meeting with the Mayor of Torrance and the head of the L. A. Animal Control and that the County is looking into a Joint Powers Authority arrangement to construct a facility in the South Bay to meet the needs of additional cities requiring animal control services. City Council Minutes July 21, 1998 Page 8 Councilman McTaggart also reported that he and Councilman Byrd attended the NCCP meeting and met with representatives from.. resource agencies who will be providing them with a report. He requested the City Manager add to the next agenda Senator Hayden's bill as well as the companion Assembly bill. PUBLIC COMMENTS: Lois Larue, 3136 Barkentine Road, suggested that Southern California Edison should pay for the fire fighting equipment that was brought in to extinguish a fire caused by a downed eagle. Herb Clarkson, mentioned that on May 19th the Council approved a motorium extension on amateur and commercial radio antenna processing in which the Council stated that they wanted the Palos Verdes Amateur Radio Club to work with the ad hoc committee and that simply has not happened. He expressed regret that the City government has not seen fit to follow through with the Council's expressed views, namely, to have some of the citizens involved as a cooperative team rather than adversaries in developing changes pertaining to what is very complicated, technical subject and hopes that in the future a cooperative working relationship will be developed and continued. City Manager Evans stated that this ordinance will go back to the Radio Club, then to the Planning Commission and it will be back before the Council within the timeframe that the Council has told the people it would be. Robert Keefer complimented the City on their recycling program; mentioned that there should be some sort of organized City plan implemented which would require people to trim trees and bushes encroaching onto the sidewalks; that he hopes the antenna issue is followed through; and, with regard to the Abalone Cove project, he felts the structures down there should be portable instead of being constructed of concrete. ADJOURNMENT: At 10:05 P.M., the meeting was adjourned on motion of Mayor Ferraro. MA R ATTEST: CITY CLERK ccminutes \072198cc. min City Council Minutes July 21, 1998 Page 9