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CC MINS 19990504MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING May 4, 1999 The meeting was called to order at 6:00 P.M. by Mayor Hollingsworth 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 7:02 P.M. After the Pledge of Allegiance, roll call was answered as follows: PRESENT: Byrd, Lyon, McTaggart, and Mayor Hollingsworth ABSENT: Ferraro (excused, due to illness) Also present were City Manager Les Evans; City Attorney Carol Lynch; Director of Planning, Building & Code Enforcement Joel Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; Director of Recreation and Parks Ron Rosenfeld, City Clerk/Administrative Services Director Jo Purcell; Senior Planner Greg Pfost; Recreation Program Supervisor Holly Starr; and, Recording Secretary Jackie Drasco. CEREMONIAL MATTER: (304 x 1101) The Mayor and several Councilmembers paid tribute to Charles Abbott, who died on April 24th, noting his contributions to the City. APPROVAL OF AGENDA: Mayor pro tem Byrd moved, seconded by Councilman McTaggart, t0 approve the agenda as presented. Motion carried. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine Road, spoke to several items on the Consent Calendar: the minutes of February 8, April 6, and April 20, and the Citywide Lighting and Landscaping District. Councilman McTaggart moved, seconded by Councilmember Lyon, to approve the consent calendar as follows: Minutes (301) Approved the minutes of February 8, April 6, April 19, and April 20, 1999. Claim Against the City by Paul McCaul (301 X 303) Rejected the claim and directed the City Clerk to notify the claimant. Claim Against the City by Robert Morgan (301 X 303) Rejected the claim and directed the City Clerk to notify the claimant. Resol. No. 99 -23 - Application for FY98 -99 SB821 Bicycle & Pedestrian Funds (112 X 1204) ADOPTED RESOL. NO. 99 -23 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING APPLICATION FOR BICYCLE AND /OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND /OR PEDESTRIAN PLAN. Resol. Nos. 99 -24, 25, 26 - Citywide Landscaping & Lighting District (901 X 1204) (1) ADOPTED RESOLUTION N0. 99 -24, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ORDERING THE ENGINEER TO PREPARE A REPORT IN ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 199 -00 AND CONNECTION THEREWITH. (2) ADOPTED RESOLUTION NO. 99 -25, 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 1999 -00. (3) ADOPTED RESOLUTION NO. 99 -26, DECLARING THE CITY COUNCIL'S INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 19999 -00 AND SETTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. March 1999 Treasurer's Report (602) Ordered received and filed the March 1999 Treasurer's Report for the City of Rancho Palos Verdes and its component units (i.e., Redevelopment Agency and the Improvement Authority). Resol No. 99 -27 - Register of Demands (602) City Council Minutes May 4, 1999 Page 2 ADOPTED RESOL. NO. 99 -271 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: Lyon, McTaggart, Byrd, and Mayor Hollingsworth NOES: None ABSENT: Ferraro PUBLIC HEARINGS: Resol. 99 -28 - Establishment of an Affordable Housing Impact Fee for Non - Residential Development (1203) Mayor Hollingsworth opened the public hearing on this request for Establishment of an affordable housing impact fee for non - residential development. City Clerk Purcell announced that notice had been duly published and that one letter from Destination Development Corporation had been distributed to the Council prior to the meeting. Senior Planner Pfost presented the staff report of May 4, 1999 and the recommendation to adopt the proposed resolution approving an affordable housing impact fee for non - residential projects. Council discussion focused on the number of affordable housing units being imposed by the State which did not take into consideration preservation of open space and habitat or the unbuildable landslide area; the necessity to amend the Zoning Ordinance and the General Plan if the City does not participate; the requirement to show "good faith" in achieving the number of units required by the State; the possibility of changing the criteria for requiring this fee from 30 to 50 employees or to increase the square footage of a facility in order to protect small businesses; the fact that a number of cities do not participate in this program, many of which have much higher sales tax revenues; and, the significant benefit of revising the plan to help with future updates of the City's housing element. Lois Larue, 3136 Barkentine Road, stated that the City had talked a lot about affordable housing but had not taken steps to provide it. Mike Mohler, representing Destination Development Corporation, 11777 San Vicente, City Council Minutes May 4, 1999 Page 3 Los Angeles, CA 90049, urged the Council to adopt Alternative No. 3, reducing the fee from $26,625 per unit to $13,313, because it is equal to about $2.50 to $3.00 per square feet for construction, which he believed was a reasonable cost. He added that the developers of Long Point were eager to move forward on this issue. There being no response to the Mayor's call for additional public testimony, he closed the public hearing. Further Council discussion centered on the maximum amount of funds collected, the use of those funds, and the fact that AB 1600 requires that if the City has not used these funds after five years, they must then be returned to the developer. Councilman McTaggart moved, seconded by Mayor pro tem Byrd, to choose Option No. 3, a reduced fee, and to ADOPT RESOL. NO. 99 -28 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING AN AFFORDABLE HOUSING IMPACT FEE FOR NON- RESIDENTIAL PROJECTS as amended. The motion carried on the following roll call vote: AYES: Lyon, McTaggart, Byrd, and Mayor Hollingsworth NOES: None ABSENT: Ferraro Resol Nos. 99 -29 and 30 - Ocean Trails - Change in Drainage Facilities (1411 X 1203) Mayor Hollingsworth opened the public hearing on this request for a change in the eastern portion of the golf course drainage facilities from the approved tunneled pipe system to La Rotonda Canyon. City Clerk Purcell announced that notice had been duly published and that additional correspondence had been received from the Department of Fish and Game and distributed to Council prior to the meeting. Senior Planner Pfost presented the staff report of May 4, 1999 and the recommendation to (1) adopt the proposed resolution approving Addendum No. 8 to Environmental Impact Report No. 36 for the project and (2) adopt the proposed resolution, approving Conditional Use Permit No. 163 — Revision "I ", thereby permitting a change to the design of the eastern portion of the golf course drainage facilities from a tunneled pipe system to the existing on -site La Rotonda Canyon. Council discussion centered on erosion concern and it was clarified that the development agreement specifies that the golf course operator is responsible for maintenance of the bridge and canyons but that additional language could be added to City Council Minutes May 4, 1999 Page 4 require inspection and repair after every rainy season or after an unusually heavy rainstorm. Lois Larue, 3136 Barkentine Road, spoke of drainage of toxic waste from the golf course. Ray Green, 3200 La Rotondo, #406, expressed concern about the proposed drainage plan, damage to residential streets by oversize construction vehicles, and a recent disturbance by construction noise at 4:53 A.M. Restoration Ecologist Michael Sweesy of Dudek and Associates, 605 Third Street, Encinitas, CA 92024, explained that the revised plan would decrease environmental impacts. Property Owner Ken Zuckerman, 1 Ocean Trails Drive, said that he supported staff's recommendation and confirmed that his coastal permit required maintenance of trails, open space, and parks in perpetuity. He stated that the current plan was determined to be harmful to the tidepools and that the resource agencies had approved the proposed plan. He assured the Council that damaged streets would be patched and would be completely repaved when construction was completed, and that there would be no further incidents of early morning disturbance by construction crews. There being no response to the Mayor's call for additional public testimony, he closed the public hearing. Councilmember Lyon moved, seconded by Councilman MCTaggart, to (1) ADOPT RESOL. NO. 99 -29, APPROVING ADDENDUM NO. 8 TO ENVIRONMENTAL IMPACT REPORT NO. 36 FOR THE PROJECT. (2) ADOPT RESOL. NO. 99 -30, APPROVING CONDITIONAL USE PERMIT NO. 163 — REVISION "1 ", THEREBY PERMITTING A CHANGE TO THE DESIGN OF THE EASTERN PORTION OF THE GOLF COURSE DRAINAGE FACILITIES FROM A TUNNELED PIPE SYSTEM TO THE EXISTING ON- SITE LA ROTONDA CANYON, as amended. Motion carried. Recess and Reconvene: At 8:20 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 8:35 P.M. REGULAR BUSINESS: Resol. No 99 -31 - Traffic Calming on Basswood Avenue (1204 x 1502) Director Allison presented the staff report of May 4, 1999 and the recommendation to (1) Approve the installation of a series of six 2 -5/8" high -speed humps along Basswood City Council Minutes May 4, 1999 Page 5 Avenue for a six -month pilot study. (2) Request staff to report back to the City Council after the six -month pilot study on the effectiveness of the speed humps, as well as any other issues that may arise. (3) Adopt the proposed resolution amending Resol. No. 98-47, the budget resolution for fiscal year 1998 -99, for a budget adjustment to the City's gas tax fund. (4) Authorize the expenditure of up to $20,000 for the installation of six 2 -5/8" speed humps and required signs and pavement markings along Basswood Avenue. Lieutenant Mike Grimaldi, from the County Sheriff's Department Lomita Station, reported that enforcement of the 25 miles per hour speed limit began in early March after approval was granted in late February and that 25 warnings had been given and fewer than 10 tickets had been issued because of easing into the enforcement phase. He said that a speed board and a decoy car had been used and when the Sheriff's deputy was not present, the speed increased to about 40 miles per hour. Council discussion focused on the data derived from the traffic study, including the effect speed humps on Basswood might have on surrounding streets and the difference made in the traffic volume and speed when the high school was in session. Ava Shepherd, Chair of the Traffic Committee, said that there had been about four years of work on this project and the Committee approved speed humps by a vote of four to two. Speaking in favor of staff recommendation were the following residents: James Cummings, 26841 Basswood Avenue; Lillian Cummings, 26841 Basswood Avenue; Mary Schaal, 26902 Basswood Avenue, representing Upper Basswood Homeowners Association; Dhalia Rehg, 26756 Basswood Avenue, representing Upper Basswood Homeowners Association; and, Stewart Whipple, 26821 Basswood Avenue, representing Upper Basswood Homeowners Association. The comments of these speakers centered on the following concerns: Traffic calming was initiated by the residents and City studies indicated speed humps were the best solution; even though sixty percent approval by the residents was required, eighty percent was attained; this six -month experiment will provide information regarding the feasibility of this particular calming measure; the Sheriffs presence in the neighborhood department has not been visible; the 25 miles per hour speed limit signs and "no through traffic" signs have been ignored; it was unknown how much emergency vehicles may have to slow down when traversing these humps; and, even with the estimated number of cars that will be diverted to nearby streets, traffic volume will still be lighter than on Basswood. Speaking in opposition to the staff recommendation were the following residents: City Council Minutes May 4, 1999 Page 6 Beverly Ackerson, 27219 Spring Creek Road; Hans Aichinger, 5423 Littlebow Road Betsy Thek, 5333 Littlebow Road; Edwin Baumann, 5327 Littlebow Road; Tom Vegors, Littlebow Road; Paul Besse, 5349 Manitowac Drive; Peggi Collins, 5411 Manitowac Drive; Teresa Bayuk, 5414 Manitowac Drive; Tony Dahlerbroch, 5452 Manitowac Drive; Russell Schoon, 5446 Manitowac Drive; Gary Marler, 5440 Manitowac Drive; Michael Lewis, 26904 Fond du Lac Road; Bruno Vied, 26520 Mazur Drive; Jay Koch, 26747 Basswood Avenue; John Moyer, 5302 Littlebow Road; and, Ronald Keyes, 5424 Littlebow Road. The comments of these residents focused on the following concerns: Speed humps are dangerous for bikes and for ambulances; enforcement of the 25 miles per hour speed limit has been possible only since March and more time is needed to monitor its effects; enforcement by the Sheriff's Department would be less expensive than installing speed humps; drivers would learn after a while that this was a likely area to be cited for excessive speeding; residents were disappointed that so many warnings and so few tickets had been given; and, the effect the humps might have on the response time of emergency vehicles. Also, that a high percentage of the traffic will be diverted to surrounding streets, thereby merely shifting the problem; that other traffic calming measures are more effective, less expensive, and not as unattractive; speed humps are eyesores and could affect property values; that the cost of removing the speed humps should be considered in the financial analysis of this experiment; and, experiments to estimate the response time for emergency vehicles were conducted with a passenger car, not emergency vehicles. Jeff Vrooman, L.A. County Fire Department, Subdivision Captain, Water & Access Unit, Contract Cities Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040 -3027, said that the Fire Departments opposes speed humps because of the effect on response time and that many communities have removed them. Traffic Committee Chair Ava Shepherd explained that Committee Members opposing speed humps did so because of the possibility of slower emergency vehicle response time and potential liability to the City. She did not believe that surrounding streets would meet the criteria for installing speed humps even with the extra traffic diverted from Basswood. City Attorney Lynch said that cities were usually liable only for dangerous conditions on public property and speed humps in general did not create a dangerous condition .unless they were installed incorrectly. She added that the letter from the L. A. County Fire Department opposing speed humps could be presented in a case against the City and that she would prefer concurrence by that agency. Further Council discussion clarified that emergency vehicle response time had been a City Council Minutes May 4, 1999 Page 7 factor in liability claims and that fire engines did accelerate slower than cars after slowing down for a speed hump. City Traffic Engineer Jim Biega described the method by which traffic volume and speed had been determined and the rationale for placing the speed humps in the locations selected. He stated that Sheriff enforcement would be effective if an officer was present almost all the time, but he believed the Sheriff's Department might have higher priorities. He also discussed "cut- through" traffic by cars not belonging to the neighborhood. Councilmember Lyon moved, seconded by Mayor pro tem Byrd, to (1) Approve the installation of a series of six 2 -5/8" high speeds humps along Basswood Avenue for a six -month pilot study. (2) Request staff to report back to the City Council after the six- month pilot study on the effectiveness of the speed humps, as well as any other issues that may arise. (3) ADOPT RESOL. N0. 99 -31, AMENDING RESOL. N0. 98-47, THE BUDGET RESOLUTION FOR FISCAL YEAR 1998 -99, FOR A BUDGET ADJUSTMENT TO THE CITY'S GAS TAX FUND. (4) Authorize the expenditure of up to $20,000 for the installation of six 2 -5/8" speed humps and required signs and pavement markings along Basswood Avenue. (5) Delay seeking a bid until July to allow time to test the effectiveness of Sheriff enforcement and to obtain data from further traffic studies. The motion carried on the following roll call vote: AYES: Lyon, McTaggart, Byrd, and Mayor Hollingsworth NOES: None ABSENT: Ferraro Recess and Reconvene: At 10:50 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 11:05 P.M. Pt. Vicente Interpretive Center Expansion (1201 x 1204) Director Allison presented the staff report of May 4, 1999 and the recommendation to (1) Approve a revised project budget for the Pt. Vicente Interpretive Center Expansion. (2) Authorize staff to transfer $286,130 of 1992 Measure "A" funds from the Abalone Cove Beach Project to the Pt. Vicente Interpretive Project. (3) Award a construction contract to BF Construction Inc., in an amount of $2,319,464, and authorize the Director of Public Works to spend up to an additional $145,919 for possible change orders or extra work for a total authorization of $2,465,383; (4) Authorize the Mayor and the City Clerk to execute a contract with BF Construction, Inc., and (5) Authorize an expenditure of $12,000 with Charles Abbott Associates, Inc., for building inspection City Council Minutes May 4, 1999 Page 8 services during construction. Council discussion focused on further investigation of the contractor and the shortfall in funding. Director Rosenfeld and Recreation Program Supervisor Starr, described the sea cave exhibit as a dramatic entrance made of concrete on wire mesh with interchangeable Plexiglas displays. They explained that adding the sea cave later would disrupt the entryway and would increase the construction cost. Lynn Swank, 8 Sea Cove, President of Los Serenos de Point Vicente, said that the docents were very excited about the expansion and urged the Council to support Alternative No. 3. Vic Quirarte, 29369 Quailwood Drive, 2 "d Vice President of Los Serenos de Point Vicente, described the mix of visitors to the Point Vicente Interpretive Center and felt it was a landmark for the City. Bob Grantham, 706 W. 291h Street, San Pedro, CA 90731, representing Los Serenos de Point Vicente, described his enjoyment of the Center and said that he hoped the Council would find a way to expand it. Jo Woods, 28731 King Arthur Court, representing Los Serenos de Point Vicente, said that children enjoyed their learning experience and hoped funding would be available for the expansion. John Nieto, 4235 Exultant Drive, recording secretary for Los Serenos de Point Vicente, asked the Council to search for alternative funding for the expansion. Lois Larue, 3136 Barkentine Road, said that she supported the use of real Palos Verdes stone instead of simulated and urged the Council to use Measure "A" funds on PVIC rather than on the Abalone Cove development. Further Council discussion centered on the total cost of exhibits, and transferring Measure "A" funds from the Abalone Cove project versus using Quimby funds for PVIC expansion. It was felt that it was not fair to take funds for improvement of beach access for residents to expand a facility used by many non- residents. Discussion then shifted to the desirability of selling such parcels of land as the City - owned lots at the Wallace Ranch or the Narbonne property. Council felt strongly that the contractor's background needed to be investigated City Council Minutes May 4, 1999 Page 9 thoroughly and it was the consensus that staff should do so as quickly as possible. In particular, staff should contact suppliers and look at this proposed contractor's projects. Mayor pro tem Byrd moved, seconded by Councilmember Lyon, to conditionally approve the staff recommendation with the addition of $175,000 for the sea cave exhibit and $90,000 for the Palos Verdes stone; to initially allocate money from the Environmental Excise Tax and Quimby funds to make up the shortfall from Measure "A" funds. Additionally, to leave Measure "A" funds in the Abalone Cove project; that staff should prepare a report on the City divesting itself of certain real estate to pay for this. Furthermore, to provide information to the Council regarding the contractor at the May 18 meeting at which time the conditional approval will be removed; and that staff should prepare a report regarding divestiture of certain real estate at the June 22 meeting. Motion carried. Natural Communities Conservation Planning (NCCP) Phase III, Scope of Work (1203) Director Rojas presented the staff report of May 4, 1999 and the recommendation to (1) Authorize the Mayor and the City Clerk to execute a professional services agreement in an amount not to exceed $77,563 with the consulting firm of Dames & Moore to complete Phase III of the City's Sub -area NCCP; and, (2) Authorize an expenditure in an amount not to exceed $10,000 to conduct a scientific peer review of the City's Sub- area plan. City Clerk Purcell stated that a letter had been received from Ogden Environmental and distributed to the Council prior to the meeting. Director Rojas explained that the consultant Patrick Mock had previously been .. employed by Ogden Environmental and was now affiliated with Dames and Moore; that the letter from Ogden confirmed that the new City contract would be with Dames and Moore. Mayor pro tem Byrd moved, seconded by Councilman McTaggart, to approve the staff recommendation. Council discussion centered on NCCP funding. Lois Larue, 3136 Barkentine Road, talked about the consultant agreement and the original appointment of the NCCP ad hoc committee. The motion carried on the following roll call vote: City Council Minutes May 4, 1999 Page 10 AYES: Lyon, McTaggart, Byrd, and Mayor Hollingsworth NOES: None ABSENT: Ferraro Peninsula Seniors Joint Ad Hoc Committee (306 x 1101) The recommendation was to appoint two members of Council to serve on the Peninsula Seniors Joint Ad Hoc Committee along with two councilmembers from the City of Rolling Hills Estates. Lois Larue, 3136 Barkentine Road, spoke about a City of Rolling Hills Estates ordinance prohibiting churches in commercial districts. Mayor Hollingsworth appointed Mayor pro tem Byrd and Councilmember McTaggart to be the City's representatives to this ad hoc committee. REPORT ON CLOSED SESSION: City Attorney Lynch reported that there was no action taken on the real property negotiations. Regarding the View Restoration issues, the Council unanimously directed her to file two actions-and to write a letter to the party in the third matter. With regard to the Employee Performance Evaluation for the City Manager, she reported that, due to time constraints, the matter had been continued to the next Council meeting. AUDIENCE COMMENTS: Don Shults, 2129 Velez Drive, representing Rolling Hills Riviera Homeowners Association, noted that the Los Angeles City Council approved the San Pedro Reuse Committee's recommendations regarding the reuse of the Navy property. He said that there would still be review by several other government entities and he urged the Council's continued support. Andrew Mardesich, 1931 Bardale, San Pedro, CA 9073, representing the San Pedro Peninsula Homeowners Coalition, discussed San Pedro Cityhood and the reuse of the Navy property. Lois Larue, 3136 Barkentine Road, spoke about the reuse of the Navy property. ADJOURNMENT: Adjourned at 12:45 A.M. to 9:00 A.M. , Saturday, May 8th for the Community Leaders' City Council Minutes May 4, 1999 Page 11 Breakfast at Hesse Park on motion of Mayor Hollingsworth. ATTEST: CITY CLERK 050499ccmins City Council Minutes May 4, 1999 Page 12