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CC MINS 19981215 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING December 15, 1998 The meeting was called to order at 7:02 P.M. by Mayor Hollingsworth at Fred Hesse Community Park, 29301 Hawthorne Boulevard. After the Pledge of Allegiance, roll call was answered as follows: PRESENT: Byrd, McTaggart, Ferraro, and Mayor Hollingsworth ABSENT: Lyon 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; and, Recording Secretary Jackie Drasco. APPROVAL OF AGENDA: Councilwoman Ferraro moved, seconded by Mayor Pro Tem Byrd, to approve the agenda. Motion Carried. CEREMONIAL EVENT: (304 x 1101) Representing Los Angeles County Supervisor Don Knabe was Gail Tierney who presented Councilwoman Ferraro with a scroll highlighting her accomplishments during her tenure as Mayor this past year. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine Road, objected to the consolidation of the City's Treasurer's's Report with the RDA and the Improvement Authority and requested they be presented separately on their respective agendas. She also objected to the City's rejection of a claim for car damage. Mayor pro tem Byrd moved, seconded by Councilwoman Ferraro, to approve the Consent Calendar as follows: Minutes (301) Approved the minutes of November 4 and 17, 1998 Regular Meetings, and the November 30, 1998 Adjourned Regular Meeting. Request from the League of California Cities to Join Amicus Brief (306 x 1101) Approved joining as amicus in the League of California Cities brief in support of the City of Rialto in Bernard Long, et al. v. City of Rialto, et al. Notice of Completion for Ladera Linda Playground Improvement - Malibu Pacific tennis Courts, Inc. (1204 x 1201) 1. Accepted the work as completed. 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, notify the surety company of the exoneration of the Payment and Performance Bonds. 3. Authorized the Finance Director to release the 10% retention payment 35 days after recordation of the Notice contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond. Professional Services Agreement for Annual Engineer's Report - Citywide Landscaping and Lighting Maintenance District (1204 x 901) 1. Awarded a professional services contract to Harris and Associates for preparation of the Engineer's Report for the Citywide Landscaping and Lighting District, for a not to exceed amount of$7,000. 2. Authorized the Mayor and the City Clerk to execute a professional services agreement with Harris and Associates. October 1998 Treasurer's Report (602) Ordered received and filed the October 1998 Treasurer's Report and its component units (i.e., Redevelopment Agency and Improvement Authority). Amendment to Extend Existing Contracts for Nonexclusive Commercial Refuse Collection and Disposal Services Agreement (1204 x 1301) Authorized the Mayor and the City Clerk to execute Amendment Number Four to the Agreements for Nonexclusive Commercial Refuse Collection and Disposal Services with Ace Roll-Off Rubbish Service, Inc., Browning-Ferris Industries (BFI), EDCO Disposal Corporation (dba Park Disposal), Ivy Rubbish Disposal, S&H Disposal Company, Waste Management Inc.-Los Angeles District, and Consolidated Disposal Service, LLC.; Amendment No. 3 with HMD Waste; Amendment No. 2 with OK Disposal Service, Inc., and Amendment No. 1 with Easy Roll off Services and US Disposal to extend the nonexclusive franchises through December 31, 1999. Claim against the City by Nationwide Insurance Enterprise (301 x 303) Rejected the claim and directed the City Clerk to notify the claimant. Notification of appointment of George Picciotto to the Miraleste Recreation & Park District Board of Directors (301 x 1200) Ordered received and filed the report on this appointment. City Council Minutes December 15, 1998 Page 2 Resol No. 98-104 - Register of Demands (602) Adopted Resol. No. 98-104, 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. Regarding the combined treasurer's report, the City Attorney opined that there was no obligation to segregate information regarding the three groups but that in the event of litigation it might be helpful to make a distinction. After further discussion of the efficiency of this method of reporting, Council consensus was to maintain the combined report. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: Ferraro, McTaggart, Byrd, and Mayor Hollingsworth NOES: None ABSENT: Lyon PUBLIC HEARING: Review of the Development Agreement and Final Map for Tract No. 46628 (11203 x 1411) Mayor Hollingsworth opened the public hearing on this request for review of the development agreement and final map for Tract No. 46628 (Oceanfront Estates- Location: Palos Verdes Drive West Near Hawthorne Blvd.) [Applicant: RPV Associates LLC] City Clerk Purcell announced that notice had been duly published and no protest letters were received by the City. Director Rojas presented the staff report of December 15, 1998 and the recommendation to continue this item to the City Council Meeting of January 5, 1999. Lois Larue, 3136 Barkentine Road, questioned the legality of claims being made by the developer; implied that hardships were being experienced by residents of the area because of the construction activity; and, questioned the City's monitoring of the developer's actions. Mayor Hollingsworth closed the public hearing. Councilman McTaggart moved, seconded by Councilwoman Ferraro, to continue the item to January 19, 1999. Motion carried. City Council Minutes December 15, 1998 Page 3 Proposed 1999-2000 Community Development Block Grant (CDBG) Program (601 x 1204) Mayor Hollingsworth opened the public hearing on this request for Proposed 1999- 2000 Community Development Block Grant (CDBG) Program. City Clerk Purcell announced that notice had been duly published and no written protests were received. Director Allison presented the staff report of December 15, 1998 and the recommendation to 1. Conduct a public hearing to receive citizen input on the proposed 1999-2000 Community Development Block Grant (CDBG) Program. 2. Approve the proposed CDBG projects and budget. 3. Authorize the Acting Director of Public Works to execute agreements for CDBG projects with the Los Angeles County Community Development Commission. Lois Larue, 3136 Barkentine Road, discussed concerns of residents in reference to the Altamira Storm Drain Project. There being no response to the Mayor's call for additional public testimony, he declared the public hearing closed. Mayor pro tem Byrd moved, seconded by Councilwoman Ferraro, to adopt the staff recommendations. The motion carried on the following roll call vote: AYES: Ferraro, McTaggart, Byrd, and Mayor Hollingsworth y 9 NOES: None ABSENT: Lyon REGULAR BUSINESS: Resol. No. 98-105 - Lower Hesse Park Trails Project (1201 x 1204) Director Allison presented the staff report of December 15, 1998 and the recommendation to 1. Consider restoring the Sand Volleyball Court to the Lower Hesse Park Trails Project; and, if required, 2. Adopt the proposed resolution amending Resol. No. 98-47, the Budget Appropriation for Fiscal Year 1998-99 for a budget adjustment to the City's Capital Improvement Project Fund. Ara Boyanjian, 6650 Locklenna, reiterated his concern that the proposed volleyball court would be located directly in front of his home. He favored relocation, instead of just the proposed screening, of the court. He was concerned about lack of privacy, y noise, and to the four-space parking lot because that too would impact him. Eric Randall, 6528 Madeline Cove Drive, former chairman of the Recreation and Parks City Council Minutes December 15, 1998 Page 4 Committee, said that he helped draft the Master Plan for this park. He stressed that parks sometimes inconvenience surrounding residents initially; that it was important to provide sites for wholesome activities for the City's youths; and, that the 150 residents who were present at the Hesse Park improvement hearings felt the sand volleyball court was preferable to other activities. Council discussion centered on the need for the parking lot as a means to reduce on- street parking; the inevitability of noise from the volleyball court; and, the fact that screening might encourage undesirable activities. It was noted that the Council did not specifically ask to have the volleyball court removed but merely asked for a reduction in spending to stay within the budget; and, that possibly Quimby funds could be used. Councilwoman Ferraro moved to restore the sand volleyball court to Lower Hesse Park at a cost of not more than $11,500 from Quimby Funds*and $300 to add a bollard to the project to restrict vehicular access from the parking lot to the trails. The motion carried on the following roll call vote: AYES: Ferraro, McTaggart, Byrd, and Mayor Hollingsworth NOES: None ABSENT: Lyon Councilman McTaggart moved, seconded by Councilwoman Ferraro, to ADOPT RESOL. NO. 98-105 AMENDING RESOL. NO. 98-47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1998-99 FOR A BUDGET ADJUSTMENT TO THE CITY'S CAPITAL IMPROVEMENT PROJECT FUND. The motion carried on the following roll call vote: AYES: Ferraro, McTaggart, Byrd, and Mayor Hollingsworth NOES: None ABSENT: Lyon View Restoration and Preservation Program Costs (1203 x 1806) City Manager Evans presented the staff report of December 15, 1998 and the recommendation to review the cost of the current view restoration and preservation program and consider program changes which may reduce costs. Council discussion centered on informing the public about review of the process to make it more user friendly, reduce antagonism between neighbors, and reduce costs to both the applicants and the City. It was noted that the deadline for deciding whether the matter should go on the June 1999 ballot was the third week in February 1999. Speaking for the subcommittee (Byrd/Lyon), Mayor Pro Tem Byrd requested concurrence from the Council that He and Councilwoman Lyon talk to homeowner associations and individuals about this issue. He explained that the subcommittee could the report their findings at January 19, 1999 meeting. City Council Minutes December 15, 1998 Page 5 Further Council discussion clarified that mediation has been successful in about half of the applications filed and that the fiscal issue could be addressed without a ballot. Mayor pro tem Byrd moved, seconded by Councilwoman Ferraro, to direct staff to prepare a press release explaining the facts and cost of implementing view restoration program and to authorize the subcommittee to start collecting data from the public, perhaps in the form of a public hearing; and that the subcommittee would report to the Council at the January 19 meeting. Motion carried Recess and Reconvene: At 8:20 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 8:30 P.M. January 1999 Council Meeting Schedule (307 x 1101) City Manager Evans presented the staff report of December 15, 1998 and the recommendation to schedule City Council meetings on the normal meeting dates on Tuesday, January 5, and January 19, 1999. After a brief discussion, Mayor Hollingsworth moved, seconded by Councilman McTaggart, to schedule City Council meetings on the normal meeting dates on Tuesday, January 5 and January 19, 1999. Motion carried. Adoption of Home Improvement Program Guidelines (1204) Director Allison presented the staff report of December 15, 1998 and the recommendation to adopt Home Improvement Program guidelines for eligible low and moderate income residents as a part of the City's 1998-99 Community Development Block Grant (CDBG) Program. Rudy Munoz, project consultant, explained that the program's guidelines were based on HUD requirements. He believed that the eligible residents would be mostly seniors living on a fixed income and that there were grants for emergency repairs and loans for home improvements. He said that he was seeking Council direction in establishing the specific guidelines for the City. Council discussion focused on privacy issues for applicants, specifically that the financial information would remain private, however, grant approvals would be public information. Further discussion clarified that a list of eligible recipients could be provided to the Council, and that identifying information such as social security numbers would be deleted. Further Council discussion focused on the 20% administration fee charged by the consultant which covered a number of tasks: marketing and publicity, preparation of loan documents, credit reports, inspections, HUD paperwork, and title searches. Monitoring of construction work would be done by the City's building inspectors and the consultant to ensure quality work. Lois Larue, 3136 Barkentine Road, expressed her opinion that the decision of the City Council Minutes December 15, 1998 Page 6 Screening Committee should not be final and that applicants should have the ability to appeal to the City Council. After discussion, it was the consensus that such an appeal feature should be included. Councilwoman Ferraro moved, seconded by Councilman McTaggart, to adopt Home Improvement Program guidelines for eligible low and moderate income residents as a part of the City's 1998-99 Community Development Block Grant (CDBG) Program, with the decision of the Screening Committee appealable to the City Council. Motion carried. Proposal to Prepare a Two-Year Budget (602 x 1101) Assistant City Manager Petru presented the staff report of December 15, 1998 and the recommendation to direct staff to prepare an amendment to the Municipal Code allowing for the preparation of a two-year budget, with the intent of implementing the program starting in FY 1999-2000. Council discussion focused on whether to wait a year until after the next Council election fir implementation of this program. It was argued, however, that even though it would be good for the potentially new councilmembers to have input in the budget, there would be a greater advantage to having the budget in place delaying their participation in the budget process until the new members had more experience. It was also argued that there was an option to make changes before the second year anyway. Councilman McTaggart moved, seconded by Councilwoman Ferraro, to direct staff to prepare an amendment to the Municipal Code allowing for the preparation of a two-year budget, with the intent of implementing the program starting in FY 1999-2000. City Council committee assignments (301 x 306) City Manager Evans presented the staff report of December 15, 1998 and the recommendation to appoint Councilmembers to the various committees and organizations for 1999. Mayor Hollingsworth made the following assignments: Outside Oraanization: City Selection - Hollingsworth/Byrd; League of California Cities - Ferraro/Lyon; SCAG - McTaggart; South Cay COG - McTaggart/Ferraro; Sanitation District - Hollingsworth/Byrd; JPIA- Hollingsworth/Byrd; California Contract Cities - McTaggart/Byrd; South Bay Youth Project - Lyon/Ferraro; Chambers of Commerce - all councilmembers; Santa Monica Bay Restoration - McTaggart/Ferraro; PV Transit - Byrd/Ferraro; MAX Policy Steering - McTaggart/Ferraro; Peninsula Regional Law Enforcement - Lyon/Hollingsworth; West Basin Water - Byrd/McTaggart AD HOC COMMITTEES: Long Point, Hollingsworth/Ferraro; Rolling Hills Estates Economic Development - City Council Minutes December 15, 1998 Page 7 Hollingsworth/Ferraro; Western Avenue Task Force - Lyon/Ferraro; Geology and Landslide McTaggart/Byrd; NCCP - McTaggart/Byrd; School Liaison - McTaggart/Hollingsworth; School District Facilities - McTaggart/Hollingsworth View Restoration and View Preservation - Byrd/Lyon; Cable TV Franchise - Byrd/McTaggart; Antenna Committee - McTaggart; Airport Noise Committee/LAX Expansion - McTaggart/Ferraro Selection of Committee & Commission Chairs (301) City Clerk Jo Purcell presented the staff report of December 15, 1998 and the recommendation to make the selection of committee and commission chairs for the year 1999 or until successors are chosen. Because Councilmember Lyon was absent, Mayor pro tem Byrd moved, seconded by Councilwoman Ferraro, to continue the items to January 5, 1999. Motion carried. Resol. 98-106 - Lower Hesse Park Trails Funding Shortfall (1201 x 1204 x 602) The recommendation,was to adopt the proposed resolution amending Resol. No. 98- 47, the Budget Appropriation for Fiscal Year 1998-99, for a budget adjustment to the City's Capital Improvement Project Fund. Mayor pro tem Byrd moved, seconded by Councilwoman Ferraro,to adopt RESOL. NO. 98-106 AMENDING RESOL. NO. 98-47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1998-99, FOR A BUDGET ADJUSTMENT TO THE CITY'S CAPITAL IMPROVEMENT PROJECT FUND. The motion carried on the following roll call vote: AYES: Ferraro, McTaggart, Byrd, and Mayor Hollingsworth NOES: None ABSENT: Lyon Notice of Completion for Fiscal Year 1997-98 Sidewalk Repair -Program Impact g p Devco (1204 x 1405) Director Allison presented the staff report of December 15, 1998 and the recommendation to 1. Approve Change Order Number 4 which approved expenditures in excess of the amount authorized by the City Council. 2. Accept the work as completed. 3. Authorize 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 security, notify the surety company to exonerate the Payment and Performance Bonds; and, 4. Authorize the Finance Director to release retention 35 days after recordation of the Notice of Completion, contingent upon no claims being filed, and the contractor posting acceptable security. Council discussion_ centered on safeguards to avoid additional costs on a contract City Council Minutes December 15, 1998 Page 8 being authorized without approval of the Council. Mayor pro tem Byrd moved, seconded by Councilwoman Ferraro, to adopt the staff recommendation. The motion carried on the following roll call vote: AYES: Ferraro, McTaggart, Byrd, and Mayor Hollingsworth NOES: None ABSENT: Lyon ORAL CITY COUNCIL REPORTS: Councilman McTaggart provided an update on his previous report regarding his statement that Cox Cable had provided mailing lists to a company called Cox Direct. He had since learned that there was no connection to Cox Cable. Councilwoman Ferraro reported on her attendance at the retirement reception for Don Benninghoven, head of the League of California Cities and discussed the benefits cities had received as a result of his 40 years of League service. Mayor pro tem Byrd discussed the progress of NCCP. PUBLIC COMMENTS: Lois Larue, 3136 Barkentine Road, discussed view preservation; the options a resident has when the Council votes against his wishes; opposed the City's providing rent-free space to PV on the Net and felt their training prices were too high; and also discussed Waste Management, the provider of the City's trash collection; the cost of the REACH program and, the Abalone Cove landslide. ADJOURNMENT: The meeting was adjourned at 9:40 P.M. on the motion of Mayor Hollingsworth. AAYOR ATTEST: CITY CLERK 12 8cc.min City Council Minutes December 15, 1998 Page 9