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CC MINS 19981020 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING OCTOBER 20, 1998 The meeting was called to order at 6:00 P.M. by Mayor Ferraro at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed to a closed session per the Brown Act Checklist attached to the agenda. The meeting was reconvened at 7:07 P.M. After the Pledge of Allegiance, roll call was answered as follows: PRESENT: Byrd, Lyon, McTaggart, Hollingsworth, 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 Joel Rojas; Acting Director of Public Works Dean Allison; Director of Finance Dennis McLean; Director of Administrative Services/City Clerk Jo Purcell; Senior Administrative Analyst Gina Park; Associate Planner Kit Fox; Recreation Program Supervisor Holly Starr; and, Recording Secretary Jackie Drasco. CEREMONIAL MATTERS (304 x 1101) Kay Finer, representing the Community Helpline, presented a certificate to the City in celebration of its 25th Anniversary. She thanked the City for its support and the use of Hesse Park for training sessions. Senator Betty Karnette presented a check for almost $30,000 for an Urban Forestry grant to be used for the care of City trees. The Council thanked Senator Karnette for her efforts in getting legislationpassed which gives Eastview students the option to attend Palos Verdes Peninsula schools. Former School Board member Peter Gardner also thanked the Council for their support and leadership in assisting the residents of Eastview to be given this option. RECYCLE DRAWING (1204 x 1301) A name was drawn for the month of October. There was no winner for the month of September. APPROVAL OF AGENDA City Clerk Purcell announced that the Budget Adjustment Resolution for the Lower City Council Minutes October 20, 1998 Page 1 Hesse Park Trails Project and the California Department of Parks and Recreation Grant for Lower Hesse Park Trails were being removed from the Consent Calendar for discussion and that the Annual Destruction of Certain Records would be rescheduled to the next meeting. Councilman McTaggart moved, seconded by Councilmember Lyon, to approve the Agenda as amended. The motion carried. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine Road, commented on the minutes of September 15 and the manner in which the City rejects claims. Councilman McTaggart moved, seconded by Councilman Byrd, to approve the Consent Calendar as follows: Minutes (301) Approved the minutes of September 15 and October 6, 1998 Notice of Completion for Street Improvement (1204 x 1404) 1. Accepted the work on street improvements for the section of Palos Verdes Drive East between Ganado Drive and Colt Road and Montemalaga between Silver Spur Road and the West City limit as complete; 2. Authorized the City Clerk to record 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, to notify the surety company to exonerate 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. Adoption of a Disadvantaged Business Enterprise (DBE) Goal (601 x 1204) 1. Adopted the goal of 10 percent for the Disadvantaged Business Enterprise (DBE) participation in Federal-Aid-Highway projects during the FY 98-99 Federal fiscal year; and, 2. Directed the City Clerk to advertise and post the goal in accordance with Federal guidelines. Award of Contract for Repair of a Storm Drain (604 x 1204) 1. Awarded a contract to Superior Gunite Company for repair of a storm drain near Palos Verdes Drive East and Bronco Drive in the amount of$17,400 and authorized staff to spend up to an additional $2,600 for contingencies for a total authorization of $20,000; and 2. Authorized the Mayor and City Clerk to execute a contract with Superior Gunite Company for the repair of the storm drain near Palos Verdes Drive City Council Minutes October 20, 1998 Page 2 East and Bronco Drive. Claim Against the City by Patrick & Cathy Vilicich for Damage to Automobile (301 x 303) Rejected the claim and directed the City Clerk to notify the claimants. Resol. No. 98-88 -Appeal of View Restoration Permit No. 50 (1203 x 1806) ADOPTED RESOLUTION NO. 98-88 APPROVING AN APPEAL OF VIEW RESTORATION PERMIT NO. 50 AND AMENDING THE VIEW RESTORATION COMMISSION'S APPROVAL OF SAID PERMIT TO TRIM OR REMOVE FOLIAGE AT 30127 AND 30137 AVE NIDA TRANQUILA. Lead Paint Mitigation at Abalone Cove Beach Structures (1201 x 1204) Awarded a contract to Allied Environmental Services Inc. in the amount of$5,900 to mitigate lead based paint at the Abalone Cove Beach structure, and authorized staff to spend an additional $600, for a total authorization of$6,500. Resol. No. 98-89 - FY 1997-98 Budget Appropriation Increase (103 x 602) ADOPTED RESOL. N0. 98-89 AMENDING RESOL. NO. 97-55, THE BUDGET APPROPRIATION FOR FY 1997-981 TO INCREASE BUDGETED APPROPRIATIONS IN THE GENERAL FUND (CITY ATTORNEY) BY$81,000. Claim against the City by the State of California (Pamela LaFleur v. State of California.) (301 x 303) Rejected the claim and directed the City Clerk to notify the claimant. Resol No. 98-90 - Register of Demands (602) ADOPTED RESOL. NO. 98-90 A RESOLUTION OF THE CIN COUNCIL OF THE CIN 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: Lyon, McTaggart, Byrd, and Mayor Ferraro NOES: None ABSTAIN: Hollingsworth on the Appeal of View Restoration Permit No. 50 because he had not participated in the initial and subsequent hearings City Council Minutes October 20, 1998 Page 3 Budget Adjustment Resolution for the Lower Hesse Park Trails Project (602 x 1201 x 1204) Director Allison presented the staff report of October 20, 1998 and the recommendation to adopt the proposed resolution, a budget adjustment appropriating additional expenditures in the City's Capital Improvement Projects Fund for the Lower Hesse Park Trails Project. Council discussion focused on the reason for the request for an additional $22,000 to cover the cost of inspection services ($15,000) and environmental clearances ($7,000) to be funded by the environmental excise tax. Council was concerned that there was no contingency fund included in the original approval of$486,000. City Manager Evans stated that if the Council did not wish to approve the additional $22,000 in expenditures, staff could negotiate with the contractor to delete some portions of the project to decrease the cost to provide funds within the $486,000 for these items. Council consensus was to restrict the cost for the project to the $486,000 as originally approved and ask the contractor to delete some items. Mayor Pro Tem Hollingsworth moved, seconded by Councilmember Lyon, to deny the request for additional funding. The motion carried. Resol. No. 98-91 -Application for California Department of Parks and Recreation Grant (Lower Hesse Park Trails) (1201 x 1204) City Manager Evans presented the staff report of October 20,1998 and the recommendation to adopt the proposed resolution authorizing the City Manager and City Clerk to execute an application fora $150,000 California Department of Parks and Recreation Grant for Lower Hesse Park Trails. Council agreed that if the grant was not received, staff would bring the project to the Council for further discussion. Lois Larue, 3136 Barkentine Road, speaking on the two Lower Hesse Park items, asked the source of the environmental excise tax and commented on State compliance with the Brown Act. Councilman Byrd moved, Councilmember Lyon seconded, to ADOPT RESOLUTION NO. 98-91 AUTHORIZING THE CIN MANAGER AND CIN CLERK TO EXECUTE AN APPLICATION FORA$150,000 CALIFORNIA DEPARTMENT OF PARKS AND RECREATION GRANT FOR LOWER HESSE PARK TRAILS. The motion carried on the following roll call vote: AYES: Byrd, Lyon, McTaggart, Hollingsworth, and Mayor Ferraro City Council Minutes October 20, 1998 Page 4 NOES: None PUBLIC HEARING Appeal of Planning Commission Decision of CUP No. 195 (1203 x 1804) Mayor Ferraro opened the public hearing on this request for an appeal of the CUP for- Marriott Senior Living Services. City Clerk Purcell announced that notice had been duly published and that no protest letters were received. Director Rojas presented the staff report of October 20, 1998 and the recommendation to table the review of the appeal until the developer has obtained geological approval of the Alternative One plan from the City's geological consultant. Lois Larue, 3136 Barkentine Road, objected to what she considered poor work by the geologic consultant. Mayor Ferraro closed the public hearing. Councilman Byrd moved, seconded by Councilman McTaggart, to table the review of the appeal until the developer has obtained geological approval of the Alternative One plan from the City's geological consultant. The motion carried. REGULAR BUSINESS Resol. No. 98-92 - Budget Appropriation - Computer Network Upgrade (602) Director McLean presented the staff report of October 20,1998 and the recommendation to adopt the proposed Resolution amending Resolution No. 98-47, the Budget Appropriation for Fy 98-99, to increase the appropriation by $65,000 in the Equipment Replacement (Internal Service) Fund to pay for replacement of the network server, preparation of the network for completion of the upgrade, workstation software licensing and a dedicated file server to operate the new Planning and Public Works Software. Council discussion focused on maintenance cost; the purchase of the Planning software and how it might require changes in hardware; improvements that had to be made in City Hall wiring to eliminate the present "daisy chain" setup which resulted in all terminals crashing when just one in the system failed. Council expressed their desire to see a demonstration of the proposed Planning software which was already on line in the cities of Torrance and Palos Verdes Estates. Additional discussion centered on whether budget appropriation of the server for the Planning and Public Works software was necessary. After discussion, the consensus was to delete the budget appropriation for the Planning and Public Works server. City Council Minutes October 20, 1998 Page 5 Lois Larue, 3136 Barkentine Road, stated her opposition to PV on the Net providing computer information, products, and services to the City. Councilman Byrd moved, seconded by Councilman McTaggart, to 1. ADOPT RESOLUTION NO. 98-92, AMENDING RESOLUTION NO. 98-47, THE BUDGET APPROPRIATION FOR FY 98-991 TO INCREASE THE APPROPRIATION BY $451000 IN THE EQUIPMENT REPLACEMENT (INTERNAL SERVICE) FUND TO PAY FOR REPLACEMENT OF THE NETWORK SERVER, PREPARATION OF THE NETWORK FOR COMPLETION OF THE UPGRADE, WORKSTATION SOFTWARE LICENSING; and , 2. Arrange for a demonstration of the Tidemark software for the City Council. The motion carried on the following roll call vote: AYES: Byrd, Lyon, McTaggart, Hollingsworth, and Mayor Ferraro NOES: None San Ramon Storm Drain Inlet Rehabilitation Project (604 x 1204) Director Allison presented the staff report of October 20,1998 and the recommendation to 1. Authorize staff to approve a change order in the amount of$172,082 ($196,277.24 total price) to ZLR Constructors Company Inc. for the additional work required to repair a damaged storm drain facility near Palos Verdes Drive East and San Ramon Drive; and authorize staff to spend an additional $17,918 for contingencies for a total authorization of$214,195.24. Council discussion centered on the methods of drilling; the inclusion of adequate funds for inspection purposes; the establishment of the new drain five feet above the old one, with the old One being filled in with concrete and sand; the rationale for not seeking bids in an attempt to finish the project before the rainy season; and, the effects on traffic flow during the construction. Further discussion focused on the difficulty of setting a standard contingency figure because of the possibility of unknown underground obstacles; the need for a contingency to expedite the project; the rare use of contingency funds historically, and, the existing authority that the City Manager has to expend $10,000 in the event of an emergency. Mayor Pro Tem Hollingsworth moved, seconded by Councilman McTaggart, to 1. Authorize staff to approve a change order in the amount of$172,082 ($196,277.24 total price) to ZLR Constructors Company Inc. for the additional work required to repair a damaged storm drain facility near Palos Verdes Drive East and San Ramon Drive; 2. Authorize staff to spend an additional $17,918 for contingencies for a total authorization of$214,195.24; and, 3. Direct staff to provide information regarding the disposition of contingencies over the last two years. The motion carried on the following roll call vote: City Council Minutes October 20, 1998 Page 6 AYES: Byrd, Lyon, McTaggart, Hollingsworth, and Mayor Ferraro NOES: None Recess and Reconvene: At 8:25 P.M., Mayor Ferraro declared a recess. The meeting reconvened at 8:35 P.M. Point Vicente Interpretive Center Expansion (I 101 x 1201) City Manager Evans presented the staff report of October 20,1998 and the recommendation to approve the plans and specifications for the PVIC Expansion project and authorize staff to advertise for bids. Council discussion centered on roof and drain replacement; redesign of the foundation due to expansive soil; parking facilities; and, recognition of donors. Councilman Byrd moved, seconded by Councilman McTaggart, to approve the plans and specifications for the PVIC Expansion project and authorize staff to advertise for bids. The motion carried. Point Vicente Interpretive Center Interpretive Master Plan (I 101 x 1201) City Manager Evans presented the staff report of October 20,1998 and the recommendation to approve the Interpretive Center Master Plan and to authorize City staff and docents to accept private donations for the construction of the exhibits with recognition for donors. Holly Starr, Supervisor of the Point Vicente Interpretative Center, stated there was an area intended for rotating exhibits but there had been no change in that exhibit for 14 years and that there were no funds for repairs. She said that the docents are very happy with the master plan, that they would appreciate any funds donated, and that they are also willing to raise funds. Jennifer Rigby, The Acorn Group, said that she had worked with City staff and volunteers for the last six months and was encouraged by their enthusiasm. She felt the area had a lot of offer, including the whale watch activity and the beautiful coastline. In reply to Council inquiry, she indicated that artifacts from local residents could be displayed if they were compatible with the purpose of the collection. Lois Larue, 3136 Barkentine Road, stated her approval of the plans which she said correctly identified the early residents as Tongva. Councilmember Lyon moved, seconded by Councilman McTaggart, to approve the Interpretive Master Plan and authorize City staff and docents to accept private donations for the construction of the exhibits with recognition for donors. The motion carried. City Council Minutes October 20, 1998 Page 7 Request from Equestrian Committee (1203 x 1808) Associate Planner Fox presented the staff report of October 20,1998 and the recommendation to consider the request of the Equestrian Committee Chairman and members of the Equestrian Committee to pursue revisions of the Development Code and Equestrian Committee Policies to expand the authority and scope of this Committee to include equestrian use and trail issues. Richard Bara, 1 Peppertree Drive, Chairman of the Equestrian Committee, requested that the Council consider revising Section 17.46.070 of the Municipal Code to allow the Equestrian Committee to participate in equestrian trail issues. City Attorney Lynch noted that a policy could be established to refer equestrian trail use issues to the Equestrian Committee without changing the Code. Council discussion focused on the fact that many trails are multi-use (bikes, pedestrian and equestrian) and that historically trails have come under the purview of the Parks & Recreation Committee, which could seek advice and input from the Equestrian Committee. Councilman Byrd moved, seconded by Councilmember Lyon, that the Equestrian Committee Chair receive agendas for all commissions and committees, which will provide notice when trails issues are being discussed by the Parks & Rec. Committee. The motion carried. City Manager Evans indicated that.staff would confirm that all committees and commissions were receiving all other committee and commission agendas. Los Angeles County Regional Park & Open Space District Competitive Grant Program (I 101 x 1201) Sr. Administrative Analyst Park presented the staff report of October 20,1998 and the recommendation to determine the project(s) for which staff will submit competitive grant application(s) to the Los Angeles County Regional Park & Open Space District by December 1, 1998. Frank Skalbania, 29313 Oceanridge Drive, President of the Peninsula Seniors, explained that even though the organization had been fortunate to have rent-free facilities for 19 years, they have had to relocate 12 times during that period and were seeking a more permanent location. He believed the location at the Shops at Palos Verdes had encouraged the 35% growth in membership because of its central location, convenient parking, security, proximity to public transportation, shopping, restaurants, and the library. He said that the Peninsula Seniors had received a letter of intent from the current owner of the Shops for a lease of three years. He preferred a longer lease and wondered if the short-term lease would meet the grant guidelines. Council discussion centered on the fact that the Seniors serve all four Peninsula cities City Council Minutes October 20, 1998 Page 8 and that a joint application from all the cities would increase its chance of success. It was revealed that Rolling Hills Estates had agreed to cooperate in this venture but not Palos Verdes Estates. The possibility of a 20-year lease was discussed and it was suggested that the matter could be discussed with Supervisor Don Knabe who would be present at an upcoming Peninsula Seniors event. It was also suggested that the City of Rolling Hills Estates might be called upon to help negotiate a longer lease at the Shops to meet the grant application deadline of December 1, 1998 and that possibly at least a letter of support could be secured from the City of Palos Verdes Estates. Councilman McTaggart moved, seconded by Mayor Ferraro, to ask the City of Palos Verdes Estates for a letter of support and to work with the City of Rolling Hills Estates on lease arrangement/tenant modifications for seniors at the Peninsula Center location. The motion carried. Holiday Appreciation Reception (305 x 1101) Sr. Administrative Analyst Park presented the staff report of October 20,1998 and the recommendation to Select a date for the annual Holiday Appreciation Reception for City Committee Members, Commissioners, and Staff Members. Council consensus was to hold the Holiday Appreciation Reception on Monday, November 30, 1998. Request from Miraleste Recreation & Park District Board Member Jack Satalich for a meeting with the City Council (301 x 1200) Administrative Services Director Purcell presented the staff report of October 20,1998 and the recommendation to consider Mr. Satalich's request to hold a meeting to discuss the manner of appointment for the most recent appointees to the Miraleste Recreation & Park District Board. Peter Glusac, Chairman of the Board of Directors, Miraleste Recreation and Park District, 19 Miraleste Plaza, explained that there had been four applicants for two board positions and two of the applicants withdrew their applications. The Council appointed the two remaining applicants. He believed the board members selected were doing a good job and he hoped that they would be allowed to continue serving. City Attorney Lynch added that the Council had the authority to make appointments under certain circumstances but not to remove appointees. She indicated that there were no irregularities that she was aware of and that no one addressed the Council at the time the appointments were made. Council consensus was that it was unnecessary to hold a meeting to discuss this matter. City Council Minutes October 20, 1998 Page 9 Meeting with Supervisor Don Knabe (305 x 1101) City Manager Evans presented the staff report of October 20,1998 and the recommendation to set a date to meet with Supervisor Knabe for about one hour before the end of the calendar year. Council consensus was to meet with Supervisor Knabe at 6:00 P.M. before a regular Council meeting before the end of the year and staff was directed to provide dates to Supervisor Knabe's office for his consideration. Recess and Reconvene: At 9:50 PM, Mayor Ferraro declared a recess. The meeting reconvened at 9:58 PM Appointment to School District Facilities Planning Committee (306 x 1401) Council consensus was to appoint Councilman McTaggart to serve on this committee, with Mayor Pro Tem Hollingsworth as alternate. Blanket Refunds for Cox Communications Customers (605 x 1101) Councilman McTaggart reported that Cox Communications had offered refunds to customers who do not receive prior notification of scheduled breaks in service associated with the construction of the new fiber optic system. He explained that he had received telephone calls from residents who had interruptions in their cable service, some of whom had suffered losses on financial investments because they use their television for stock investment information or had multiple interruptions. After a brief Council discussion, staff was directed to research the problem and send a strong message to Cox Communications that there must be improvement in this area. City Manager Evans noted that Assistant City Manager Petru had already begun to receive data from Cox regarding the problem. Jim Denuccio, representing Cox Communications, explained that there had been problems with notification due to the size of the project but that Cox had been working very hard to improve the situation. He displayed the three different door hangers used to notify residents and said, in some cases, the contractor providing the service had contributed to the notification problem and that contractors were being monitored more closely. PUBLIC COMMENTS: Doug Falkenberg, 5111 La Canada, B1, La Canada, CA 91011, representing Waste Management, introduced himself as the new Municipal Marketing Manager for service to residents of Rancho Palos Verdes, indicating that he hoped to be an effective liaison to be available for questions regarding service or the recent merger. He provided a supply of business cards. City Council Minutes October 20, 1998 Page 10 Lois Larue, 3136 Barkentine Road, asked the Council who was policing the developers and described allegations that a resident believed cracking in his home was related to grading in Subregion 1. City Manager Evans stated that all developments were monitored and inspected. Council mentioned complaints which had been received and investigated regarding dust, noise, and diesel emissions as a result of development at Subregion 1 and noted that the City had made sure the developer had complied with requirements. CLOSED SESSION REPORT City Attorney Lynch reported that for the first item, the City is determining whether to initiate litigation regarding a code enforcement matter and regarding a decision made by the View Restoration Commission. The second item was taken off the agenda and no action was taken. ADJOURNMENT The meeting was adjourned at 10:25 P.M. to 9:00 A.M. Saturday, October 31, 1998 for a Community Leaders Breakfast at Hesse Park. &ao"�Iq A-,e44oA--4-c VMAYOR ATTEST: f CITY CLERK NA 0 098cc.min i City Council Minutes October 20, 1998 Page 11