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CC MINS 19990518MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING May 18, 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, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth 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; Director of Public Works Dean Allison; Director of Finance Dennis McLean; City Clerk/Administrative Services Director Jo Purcell; Senior Planner Greg Pfost; Senior Administrative Analyst Gina Park; Project Coordinator Trayci Nelson; Recreation Program Supervisor Holly Starr and, Recording Secretary Jackie Drasco. RECYCLE DRAWING: (1204 X 1301) The Sherman Lee family was declared the winner for the month of April and will receive a year of free refuse service. Anew name was selected for May. APPROVAL OF AGENDA: The animal control item was removed from the consent calendar for discussion. Mayor pro tem Byrd moved, seconded by Councilman McTaggart, to approve the agenda as amended. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine spoke about the City Council Policy on Travel and Meetings. Councilman McTaggart moved, seconded by Councilmember Lyon, to approve the consent calendar as follows: Minutes (301) Approved the minutes of May 4, May 8, and May 10, 1999. Revisions to City Council Policy No. 16 (Travel & Meetings)(306 X 1101) Adopted the revisions to City Council Policy No. 16. Resol. 99 -32 - Revision of Penalties for Parking Violations (301 X 1206) Adopted RESOL. NO. 99 -32, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING PENALTIES FOR PARKING VIOLATIONS WITHIN THE CITY OF RANCHO PALOS VERDES. Request to join League of California Cities Amicus Brief regarding Haggis v. City of Los Angeles (306 X 1107) Authorized the City Attorney to add the City of Rancho Palos Verdes to the friend -of- the -court brief being prepared for the case of Haggis v. City of Los Angeles. . Professional Services Agreement for Pavement Management System Update (1204 X 1404) (1) Awarded a professional services contract in an amount not to exceed $12,040 to Berryman & Henigar, Inc., for professional engineering services to perform the FY 99 — 00 update to the Pavement Management System and authorize staff to spend up to an additional $2,500 for a total authorization of $14,540. (2) Authorized the Mayor and the City Clerk to execute said agreement. Municipal Area Express (MAX) Inter - agency Agreement (1204 X 1505) (1) Authorized the City of Rancho Palos Verdes to continue its participation in the commuter transportation transit service known as Municipal Area Express (MAX) for the period of July 1, 1999 through June 30, 2002. (2) Authorized the Mayor and the City Clerk to execute the agreement for MAX commuter bus service on behalf of the City of Rancho Palos Verdes. Amendment to Project Agreement for Abalone Cove Shoreline Park (1101 X 1201) Authorized the Mayor and the City Clerk to sign the Amendment to Project Agreement for Abalone Cove Shoreline Park. Gifts for Parks (1201) City Council Minutes May 18, 1999 Page 2 Accepted the gifts for parks donations ons for Pt. Vicente Interpretive Center, the July 4th Celebration, and the REACH program and directed staff to prepare letters for the Mayor's signature expressing the Council's thanks and appreciation. Resol. No. 99 -33 - Register of Demands (602) ADOPTED RESOL. NO. 99 -33. 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: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None Animal Control Service Contract Renewal (104 X 1101) The staff recommendation was to authorize the Mayor and the City Clerk to sign the five -year service contract with the Los Angeles County Animal Care and Control Department. Kathy Snell, spoke in opposition to the contract and said that she understood the shelter was undermanned, unsanitary, and that sometimes the animals did not receive fresh water, even when the weather was very warm. She asked that if the contract was approved, a City Code Enforcement Officer perform spot checks, particularly during summer, and report to the City Council. She was particularly concerned about the extermination of wild animals, urging the practice of relocating the animals within the City as an alternative. Citing figures given in the staff report, she questioned particularly high numbers of exterminated wild animals in the early fall, and suggested a volunteer program to take photographs of stray animals picked up to be shown on cable TV to facilitate returning pets to their homes. Council discussion centered on the search for a newer and more convenient site and the fact that the County was the only feasible option for an animal care provider. There was not enough interest in forming a joint powers authority to provide such service. Representing L.A. County Animal Control was Fred Randolph, who concurred that there was a larger number of wild animals euthanized in September and October; this, however, was not an unusual seasonal occurrence. He also explained that State Law City Council Minutes May 18, 1999 Page 3 required extermination rather than relocation of wild animals. Mayor pro tem Byrd moved, seconded by Councilwoman Ferraro to authorize the Mayor and the City Clerk to sign the five -year service contract with the Los Angeles County Animal Care and Control Department and provide to the Council a report of regular inspections by City staff. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None PUBLIC HEARINGS: An Interpretative Review of View Restoration Permit No. 37, Resolution No. 98 -8. (1203 X 1806) Mayor Hollingsworth opened the public hearing on this request for an interpretative review of View Restoration Permit No. 37, Resolution No. 98 -8. City Clerk Purcell announced that notice had been duly published, that protest letters were a part of the agenda, and that a letter from Mr. Lorenz had been submitted prior to the start of the meeting. Project Coordinator Nelson presented the staff report of May 19, 1999 and the recommendation that the Council p rovide an interpretation of whether a pine tree that is the focus of VPR No. 13 was intended by them to be included in the original approval for View Restoration Permit No. 37, Resolution No. 98 -8. Ms. Nelson distributed a photo board of the tree and color photographs of the copies included in the staff report for the Council's review. Council discussion focused on the current height of the tree, which is about 30 to 35 feet high, or 6 to 8 feet above the Daponte's pad; the potential height, which was expected to be about 50 to 60 feet; the fact that staff's recommendation of lacing the tree was rejected by both parties; and, view impairment versus privacy issues. City Attorney Lynch clarified that there was no written documentation regarding this tree for the original hearing before the View Restoration Commission or the appeal before the City Council. Further Council discussion clarified that staff's policy regarding trees which might be City Council Minutes May 18, 1999 Page 4 hidden until other foliage was removed had been reviewed and that the new guidelines required a one -year review after the initial trimming and a report to the View Restoration Commission. Roy Lorenz, 30419 Ganado Drive, read from his prepared statement, which summarized the history of the View Restoration Commission hearing and decision regarding the removal and replacement of his trees, and requested that his privacy be considered. Kenneth Daponte, 3662 Greve Drive, distributed photographs and explained that he realized a few days before the tree removal process was complete that this tree had not been addressed and mentioned it to staff. He felt, in spirit of the Council's resolution to restore his view, an amendment should be made to include this tree in the original decision. Staff confirmed that if the tree was included with View Restoration Permit No. 37 (the original application), Mr. Daponte would be responsible for the cost of removing and replacing the tree and that if it were considered under the current application for View Preservation Permit No. 13, Mr. Lorenz would be responsible for the cost of any action taken. City Attorney Lynch opined that Option No. 2 preserved the integrity of the original decision and suggested that the Council make a decision rather than remand the matter back to the View Restoration Commission. Mr. Daponte confirmed that he was willing to pay for removal and replacement of the tree. Mr. Lorenz indicated that he would accept removal as long as any replacement foliage would grow to a height that would assure his privacy. Councilman McTaggart moved, seconded by Councilwoman Ferraro, to continue the item to June 1, 1999, to allow time to make a privacy analysis and make a recommendation for a replacement tree that will not exceed the pad height and provide privacy for Mr. Lorenz, and to have the City arborist provide additional information. City Attorney Lynch suggested that there be parallel consideration of a view restoration application filed by a neighboring property owner regarding this tree and the issue of privacy. Motion carried. City Council Minutes May 18, 1999 Page 5 Appeal of Issuance of "Notice and Order to Abate a Public Nuisance." (1203 X 1701) p Mayor Hollingsworth opened the public hearing on this request for appeal of issuance Y g Of "Notice and Order to Abate a Public Nuisance" at 2611 Colt Rd. City Clerk Purcell announced that notice had been duly published and that no protest letters were received. Director Rojas resented the staff report of May 18, 1999 and the recommendation to J p continue the public hearing to the June 15 th meeting. Councilwoman Ferraro so moved seconded by Councilman McTaggart. Motion carried. Recess and Reconvene: At 8:18 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 8:29 P.M. REGULAR BUSINESS: Evaluation of the Preliminary Regional Housing Needs Assessment Provided by SCAG (305 X 1203) Senior Planner Pfost presented the staff report of May 18, 1999 and the recommendation to review the draft of the letter to be sent to SCAG and to make any additional comments to be incorporated into said letter. Council discussion focused on the State's requirements and SCAG's involvement; the difficult in reaching the goal set for the City and the need to attempt to attain the goal; Y 9 g and, the fact that other cities might also have this difficulty. It was suggested that a letter be written to Joseph Carreras at SCAG, with a copy to Assemblyman Alan Lowenthal and Senator Betty Karnette, informing them of the City's dilemma. City Y Lynch nch recommended that an analysis of available land within Y the City be included, describing the building moratorium in the landslide area. Lois Larue 3136 Barkentine, asked for a definition to the "bottom -up" approach mentioned in the staff report Senior Planner Pfost explained that SCAG was now seeking input from the cities rather than simply dictating the requirements. City Council Minutes May 18, 1999 Page 6 Councilman McTaggart moved, seconded by Councilmember Lyon, to send a letter to Joseph Carreras at SCAG, with copies to Assemblyman Alan Lowenthal and Senator Betty Karnette, to describe the City's potential difficulty in meeting the goal set by the State and include an analysis of the City's buildable land. Motion carried. Resol. No. 99 -34 -Palos Verdes Drive East & Montemalaga Street Rehabilitation Projects - Amendment to Service Contract Agreements (1204 X 1404) Director Allison presented the staff report of May 18, 1999 and the recommendation to (1) Amend the Robert Bein, William Frost &Associates (RBF) professional services agreements for design, contract administration, and construction management of Palos Verdes Drive East from Miraleste Drive to Colt Road (9720) and Palos Verdes Drive East from Miraleste Drive to Ganado Drive (9721) and Montemalaga Drive from Silver Spur Road to the West City Limit (9722) by $ 26,705 for a total authorization under these contract agreements of $271,892; and (2). Authorize staff to apply for future year of STP program funding allocations in the amount of $373,000 to achieve maximum reimbursement rate of 88.5% on City projects 9721 and 9722; and (3) Adopt the proposed resolution a budget adjustment to appropriate the additional funding of $373,000 from ISTEA to the capital improvement project fund and increasing the Proposition C Fund by $346,000 for a prior period adjustment to put monies in the Proposition C Fund which had previously been transferred to the capital improvement project fund and increase professional /technical services in the City's Capital Improvement Project Fund Account (330 -930- 560- 00 -35) by $27,000. Mayor pro tem Byrd moved, seconded by Councilwoman Ferraro, to adopt staff recommendation. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None Seabreeze — Construction Activity Occurring Outside of Permitted Construction (1203 X 1411) Senior Planner Pfost presented the staff report of May 18, 1999 and the recommendation to place a stop work order on Warmington Homes for a period of seven calendar days as a result of their violating the conditions of approval regarding permitted hours of construction activity. Council discussion centered on action taken by the City under similar circumstances. It City Council Minutes May 18, 1999 Page 7 ' ' construction was being performed by two different developers and the was clarified that constr g p warning letter was sent to both since it was not known which developer was violating the Code. Warming Homes was Jim Warmington, 3090 Pullman Street, Suite A, Representing W g . CA 92626 who apologized for violating the Code but explained that it Costa Mesa, was their first offense. He explained that the final warning letter was sent in response violation b the other developer. He described actions taken to prevent a re- to aviol y p confirming that eve subcontractor was aware of the restricted occurrence, namely, g every constructions ho urs locking he construction gate, and providing a security guard g seven days a week. Lois Larue 3136 Barkentine, spoke in favor of Warmington Homes. moved, seconded b Councilmember Lyon, to reject staff Mayor pro tem Byrd m Y . recommendation ' to lace stop work order on Warmington Homes for a period of p a p y seven calendar days as a result of their violating the conditions of approval regarding permitted hours of construction activity. Motion carried. Ordnance No. 347 - Proposition 208 — Suspension of Local Voluntary Campaign Expenditure Limitation (301 X 501) resented the staff report of May 18, 1999 and the recommendation City Clerk Purcell p p ordinance suspending enforcement of Chapter 2.30 of the to introduce the proposed p p Rancho Palos Verdes Municipal Code, The City's local voluntary campaign expenditure limit for the November 2, 1999, general municipal election. • expressed concern that developers Lois Larue, 3136 Barkentine, expre would try to influence p candidates with campaign contributions. City Attorney Lynch exp reporting lained re ortin requirements for campaign contributions, which q were not affected by adoption of this ordinance. seconded b staff Mayor pro tem Byrd moved, y Councilwoman Ferraro, to adopt sta recommendation. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, and McTaggart NOES: Lyon ABSTAIN: Mayor Hollingsworth City Council Minutes May 18, 1999 Page 8 Resol. No. 99- 35 -Award of Contract for the Pt. Vicente Center Expansion (1204 X 1204) Director Allison presented the staff report of May 18, 1999 and the recommendation to (1) Approve a revised project budget for the Point Vicente Interpretive Center Expansion, which includes $175,000 for the Sea Cave Exhibit. (2) Authorize staff to transfer $ 276,244 of EET funds and $282,862 of Quimby Funds to the CIP fund for the Point Vicente Interpretive Center Project. (3) Award a construction contract to BF Construction Inc., in an amount of $ 2,408,614, 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 $2,554,533. (4) Authorize the Mayor and City Clerk to execute a contract with BF Construction, Inc. (5) Authorize the expenditure of $12,000 with Charles Abbott Associates, Inc., for building inspection services during construction. (6) Adopt the proposed resolution amending Resolution No. 98-47, the budget appropriation for fiscal year 1998 -99, for a budget adjustment to the Capital Improvement Fund. Council discussion focused on the budget in the event there are changes; clarification of the requirement for Council approval of change orders; and, penalties included in the contract for failing to meet construction deadlines. Paul Marshall, Vice President, BF Construction, Inc., 310 -A McArthur Way, Upland, CA 91786, discussed the high quality of the plans and the concept of their providing value engineering to reduce the costs. Council discussion focused on the desire for a quality project and regular reports regarding construction progress. Mayor pro tem Byrd moved, seconded by Councilwoman Ferraro, to (1) Approve a revised project budget for the Point Vicente Interpretive Center Expansion, which includes $175,000 for the Sea Cave Exhibit. (2) Authorize staff to transfer $ 276,244 of EET funds and $282,862 of Quimby Funds to the CIP fund for the Point Vicente Interpretive Center Project. (3) Award a construction contract to BF Construction Inc., in an amount of $408,614, 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 $2,554,533. (4) Authorize the Mayor and City Clerk to execute a contract with BF Construction, Inc. (5) Authorize the expenditure of $12,000 with Charles Abbott Associates, Inc., for building inspection services during construction. (6) ADOPT RESOL. NO. 99 -351 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 98-47, THE BUDGET City Council Minutes May 18, 1999 Page 9 APPROPRIATION FOR FISCAL YEAR 1998 -99, FOR A BUDGET ADJUSTMENT TO THE CAPITAL IMPROVEMENT FUND. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None ORAL CITY COUNCIL REPORTS: Councilman McTaggart reported that SAFER had been abandoned and that a memorandum of understanding had been negotiated between the County and Contract Cities. He said that the new arrangement was working well to protect Cities. REPORT ON CLOSED SESSION: City Attorney Lynch reported that the City Manager evaluation had been completed and no action was taken. Apropos of the two Code Enforcement issues, the Council unanimously deferred the tree matter, and a status report was given on the antenna issue. No action was taken. AUDIENCE COMMENTS: Lois Larue, 3136 Barkentine, spoke about animal control and cleanup on her street by Public Works. ADJOURNMENT: Adjourned at 9:40 P.M. to 5:00 P.M. on Tuesday, June 1, 1999, for a budget Workshop at Hesse Park on the motion of Mayor Hollingsworth. ATTEST: I � i 2.t CITY CLERK 0 899CCMINS City Council Minutes May 18, 1999 Page 10