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CC MINS 19991019MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING October 19, 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 7:05 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; and, Recording Secretary Jackie Drasco. CEREMONIAL EVENT: (304 x 1101) Mayor Hollingsworth presented a proclamation declaring October as Crime Prevention month to Lt. Mike Grimaldi of the Lomita Sheriffs station. Lt. Grimaldi expressed his appreciation of the partnership between the City and the Sheriffs Department in maintaining a safe community. RECYCLING DRAWING: (1204 x 1301) The winner from the last drawing was Sakuntala J. Senaratne, who would receive a check for $250, representing a year of free refuse service. Another card was selected. APPROVAL OF AGENDA: Councilwoman Ferraro moved, seconded by Councilmember Lyon, to approve the agenda as amended. Motion carried. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine Road, spoke in opposition to the annual destruction of records item. Councilman McTaggart moved, seconded by Councilwoman Ferraro, to approve the Consent Calendar, as follows: Motion to Waive Full Reading Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all council members after the reading of the title. Minutes (301) Approved the minutes of October 5, 1999 Resol No. 99 -76 - FY 1998 -99 Budget Appropriation Increases (301 x 602 x 1204) Adopted Resol. No. 99 -76, AMENDING RESOL. NO. 98 -47, THE BUDGET APPROPRIATION FOR FY 1998 -997 TO INCREASE BUDGETED APPROPRIATIONS IN THE LLESS /COPS FUND, RECYCLING FUND AND THE CAPITAL IMPROVEMENT PROJECTS (CIP) FUND. Commercial Refuse and Collection Agreement with CA Waste Services, Inc. (1204 x 1301)) Authorized the Mayor and the City Clerk to execute a nonexclusive franchise agreement for commercial refuse collection and disposal services with CA Waste Services, Inc. to be effective through December 31, 1999. Professional Services Agreement with Cost Recovery, Inc. (602) Approved the proposed consulting agreement with Cost Recovery, Inc. for services in conjunction with the preparation of claims to the State for reimbursement of state - mandated costs borne by cities. Resol. No. 99 -77 - Application for an Eight Cycle Household Hazardous Waste Grant. (1204 x 1402) (1) ADOPTED RESOL. NO. 99 -77, AUTHORIZING APPLICATION FOR A REGIONAL HOUSEHOLD HAZARDOUS WASTE GRANT WITH THE CITIES OF PALOS VERDES ESTATES, ROLLING HILLS ESTATES AND ROLLING HILLS, TO THE STATE OF CALIFORNIA TO ACT AS LEAD AGENCY FOR THE REGIONAL PROGRAM. (2) City Council Minutes October 19, 1999 Page 2 Authorized the use of Curbside, Inc. as the vendor providing the collection of household hazardous waste material related to this grant. Resol. No. 99 -78 - Annual Destruction of Records (301) Adopted Resol. No. 99 -78, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. Resol. No. 99 -79 - Register of Demands (602) Adopted Resol. No. 99 -79 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 PUBLIC HEARING: Appeal of Notice and Order to Abate a Public Nuisance at 2611 Colt Road (1203 x 1701 ) Mayor Hollingsworth re- opened the public hearing on this request for Appeal of the issuance of a Notice and Order to Abate a Public Nuisance at 2611 Colt Road. City Clerk Purcell announced that this was a continued hearing from September 7, 1999. Director Rojas presented the staff report of October 19, 1999 and the recommendation to discontinue the enforcement action, based on conflicting evidence provided to the City regarding the presence, absence and extent of the alleged illegal dumping of debris, finding that this is a civil matter between the parties. Dan Bowling, 2625 Colt Road, summarized events over the last few years to support his claim that Mr. Goodrich has dumped fill on his property. The staff report included his written account. Mr. Bowling submitted a copy of an application for a grading permit and photographs of his area. Said application and photographs are on file in the City - Clerk's Office.) City Council Minutes October 19, 1999 Page 3 Representing Mr. Bowling was his attorney Frank Masse, 605 South Pacific Avenue, San Pedro, CA 90731, who spoke in support of Mr. Bowling's claim. Correspondence from Mr. Masse dated October 4, 1999 was included in the staff report. Mitzi Cress, 2125 MacArthur Street, Mr. Bowling's daughter, spoke in support of her father, describing the property as she remembered it when she was a child. (A copy of Ms. Cress' statement is on file in the City Clerk's Office). Representing Mr. Goodrich was his attorney Michael Geibel, One Century Plaza, 34th Floor, Los Angeles, CA 90067, who spoke in support of Mr. Goodrich. Mr. Geibel submitted Packet No. 1 and Packet No. 2 of documents, drawings, and photographs in support of Mr. Goodrich. (Said packets are on file in the City Clerk's Office.) Kent Goodrich, 4454 Marine Avenue, Lawndale, CA 90360, property owner of 2611 Colt Road, read from a prepared statement describing the events of the last few years. (A copy of Mr. Goodrich's statement is on file in the City Clerk's Office.) Nancy Budde, 2564 Colt Road, summarized a letter she sent to the City and a petition signed by neighbors. Both of these documents were included in the staff report. She stated that Mr. Goodrich had taken action in response to Mr. Bowling's requests over the years and this was not mentioned at any of the hearings. John Doyle, Doyle Consultants, 10940 Wilshire Boulevard, Suite 1600, Los Angeles, CA 90024, engineer representing Mr. Goodrich, said that the Kelsoe report was inaccurate and it was this report on which the City Council based its March 2, 1999 decision to require Mr. Goodrich to remove the fill from Mr. Bowling's property. He said that his report showed that there was no evidence of fill after the original grading in 1959. After discussion of the conflicting evidence, Council consensus was that the matter was a civil case best settled in a court of law. Mayor Hollingsworth closed the public hearing. Mayor pro tem Byrd moved, seconded by Councilwoman Ferraro, to discontinue the enforcement action, based on conflicting evidence provided to the City regarding the presence, absence and extent of the alleged illegal dumping of debris, finding that this is a civil matter between the parties. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth City Council Minutes October 19, 1999 Page 4 NOES: None Recess and Reconvene: At 8:15 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 8:28 P.M. REGULAR BUSINESS: Request to vacate Park Place (1204 x 1408) Director Allison presented the staff report of October 19, 1999 and the recommendation to deny the request. Lt Grimaldi from the Lomita Sheriff Station provided statistics regarding Sheriffs Department response to calls for disturbances at the park which indicated that there was very little activity that the Sheriff's Department considered criminal. Bruce Franklin, 15 Oceanaire, described activities near the park that disturbed his peace and quiet. He was opposed to the vacation and installation of a gate to the park and suggested alternative measures such as speed humps and small heavy rocks to keep cars from driving onto the grass. Karyl Newton, 46 Oceanaire Drive, representing the board of the Del Cerro Homeowners Association, supported the vacation and installation of a gate, describing undesirable activities and loud disturbances late at night at the park . She pointed out the unique situation of homes on the access road to the park. She indicated that the three homes on Park Place were part of the Del Cerro Homeowners Association and that the Association would consider contributing to the cost of the gate. Barry Cevera, 5 Park Place, said that he had called the Sheriff for disturbances, although not major criminal activity. He stated that the homeowners did not want. to convert Park Place to a private road but merely to gate the entrance to the park. As to access to their home with the gate in place, he said that maybe it would be appropriate for the Park Place residents to have a key or remote control. Beth Cevera, 5 Park Place, read a petition signed by 40 nearby neighbors and said that public safety was the main concern. She said that she had called the Sheriffs Department several times and did not feel that Lt. Grimaldi's records were complete. Tom Olson, 1 Park Place, stated that all other Rancho Palos Verdes parks were gated; liability as well security was an issue; and, he felt that not all incidents were reported to the Sheriff. He was not sure how night access for Park Place residents would be City Council Minutes October 19, 1999 Page 5 handled but believed the right gate design would solve that problem. Council discussion clarified that not all Rancho Palos Verdes parks are gated; that these three homes on a park access was an unusual arrangement; that a gate could not be installed on Park Place without making it a private street; that there was a need for access to the homes by residents and emergency vehicles; and, that installing permitted parking and gating the parking areas was a possibility. Councilmember Lyon moved, seconded by Mayor pro tem Byrd, to refer this item to the Parks and Recreation Committee with input requested from the Traffic Committee. Motion carried. Senior Affordable Housing Project (1101 x 701) City Manager Evans presented the staff report of October 19, 1999 and the recommendation to provide staff with direction on four issues related to the proposed senior affordable housing project. Council discussion centered on the number of affordable housing units required; the desirability of building larger, but fewer, units; the advantages of a joint project with the other Peninsula cities; and, the impact on parking requirements by placing a Senior Center within a housing development. Ann Shaw, 30036 Via Borica, President of Peninsula Seniors explained that the group had experienced a doubling of membership in the last year and hence the reason for the increased space requirement. Further Council discussion focused of a possibility of gaining additional parking on weekdays from nearby churches; and, the routing of PV Transit to accommodate seniors. Mr. Charles Brumbaugh, 100 West Broadway, Suite 1250, Glendale, CA 9121 stated that he would be willing to build the size and number of units that the City wished but the plan would have to have enough units to support the cost for staff members and services required. Mayor Hollingsworth appointed Mayor pro tem Byrd and Councilwoman Ferraro to a sub - committee to meet with staff, the developer, the Peninsula Seniors group, and the other three Peninsula cities. Proposed Modifications to the City Hall Telephone System (1101) City Council Minutes October 19, 1999 Page 6 Assistant City Manager Petru presented the staff report of October 19, 1999 and the recommendation to authorize the implementation of Direct In Dial (DID) trunking for the City Hall telephone system. Council discussion focused on the efficiency, flexibility, and cost effectiveness of the proposed changes. Lois Larue, 3136 Barkentine Road, spoke in support of these changes. Councilwoman Ferraro moved, seconded by Councilmember Lyon to authorize the implementation of Direct In Dial (DID) trunking for the City Hall telephone system. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None Roadway Repairs — 25th Street (La Rotonda Dr. to the Eastern City Limit) (1204 x 1404) Director Allison presented the staff report of October 19, 1999 and the recommendation to (1) Add a new project to the FY 1999 -2000 Capital Improvement Program entitled 25'hStreet Roadway Repairs, and shift $476,860 of funding from the Arterial Overlay Program to this new project; (2) Adopt repair Alternative No. 1 and authorize staff to move forward with a two phased implementation plan to repair Twenty Fifth Street from La Rotonda to the Easterly City - limits; (3) Award a Professional Services Agreement with Zeiser Kling Consultants, Inc. in the amount of $87,800.00 for Professional Geotechnical Services and authorize the Mayor and City Clerk to execute the Agreement; (4) Award a Professional Services Agreement with Merit Civil Engineering, Inc. in the amount of $49,760.00 for Professional Engineering Services and authorize the Mayor and City Clerk to execute the Agreement. Recess and Reconvene: At 10:20 P.M., Mayor Hollingsworth declared a recess. The meeting reconvened at 10:30 P.M. Lois Larue, 3136 Barkentine Road, suggested two other areas in the City that she felt needed road repair. Council discussion focused on the three alternatives presented and the consensus was to alter alternative No. 1, to include excavating a few inches down rather than the eight City Council Minutes October 19, 1999 Page 7 feet in alternative No. 2, and to reconstruct the road to remove the sump. Mayor pro tern Byrd moved, seconded by Councilman McTaggart, to (1) Add a new project to the FY 1999 -2000 Capital Improvement Program entitled 25thStreet Roadway Repairs, and shift $476,860 of funding from the Arterial Overlay Program to this new project; (2) Adopt repair Alternative No. 1 and authorize staff to move forward with a two phased implementation plan to repair Twenty Fifth Street from La Rotonda to the Easterly City - limits; (3) Award a Professional Services Agreement with Zeiser Kling Consultants, Inc. in the amount of $87,800.00 for Professional Geotechnical Services and authorize the Mayor and City Clerk to execute the Agreement; (4) Award a Professional Services Agreement with Merit Civil Engineering, Inc. in the amount of $49,760.00 for Professional Engineering Services and authorize the Mayor and City Clerk to execute the Agreement, as amended The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None Amendment to City Council Policy Number 31 Regarding Encroachments of Fences, Walls, Pilasters And Similar Structures into the City's Public Right -of- Way (1203 x 1801) Council consensus was to table this item. Ord. No. 352U - Urgency Ordinance Amending the Uniform Administrative Code (201 x 1203) City Attorney Lynch presented the staff report of October 19, 1999 and the recommendation to adopt the proposed ordinance, ADOPTING THE 1997 EDITION OF THE UNIFORM ADMINISTRATIVE CODE AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF Mayor Hollingsworth moved, seconded by Councilmember Lyon, to adopt Ordinance No. 352U, ADOPTING THE 1997 EDITION OF THE UNIFORM ADMINISTRATIVE CODE AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth City Council Minutes October 19, 1999 Page 8 NOES: None Ord. No. 353 — Ordinance Amending the Uniform Administrative Code (201 x 1203) City Attorney Lynch presented the staff report of October 19, 1999 and the recommendation to introduce the proposed ordinance, ADOPTING THE 1997 EDITION OF THE UNIFORM ADMINISTRATIVE CODE AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE Mayor Hollingsworth moved, seconded by Councilwoman Ferraro, to INTRODUCE ORDINANCE NO. 353, ADOPTING THE 1997 EDITION OF THE UNIFORM ADMINISTRATIVE CODE AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, MCTaggart, and Mayor Hollingsworth NOES: None Ocean Trails - Scheduling of Workshop to Discuss the Proposed Landslide Repair (I 101 x 1411) City Manager Evans presented the staff report of October 19, 1999 and the recommendation to schedule a workshop on October 30th for the City Council to hear a presentation by Ocean Trails and the City Geologists regarding the landslide repair. Council consensus was that such a workshop was unnecessary at this time. Ken Zuckerman, One Ocean Trails Drive, said that he would co- operate with any workshop schedule and would appreciate notification. Pt. Vicente Interpretive Center (110'1 x 1201) City Manager Evans presented the staff report of October 19, 1999 and the recommendation to receive a status report on Pt. Vicente, adding that new information made necessary an additional closed session. Recess to Closed Session and Reconvene At 11:005P.M., the Council recessed to Closed Session. The meeting reconvened at City Council Minutes October 19, 1999 Page 9 11:40 P.M. Councilman McTaggart moved, seconded by Councilwoman Ferraro, to add discussion of approval of certain items for Pt. Vicente Interpretative Center. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None Council discussion focused on the information received in the Closed Session relative to the cleanup and removal of the contaminated soil that had been dumped at the Chandler Landfill. Councilwoman Ferraro moved, seconded by Councilmember Lyon, to authorize staff to 1) proceed with the removal of PVIC material at Chandler landfill; 2) increase the authorization with the Source Group from $75,000 to $90,000 for additional services required at Chandler Landfill; and, 3) authorize staff to negotiate a contract for the work for a not to exceed amount of $350,000. The motion carried on the following roll call vote: AYES: Byrd, Ferraro, Lyon, McTaggart, and Mayor Hollingsworth NOES: None REPORT ON CLOSED SESSION: City Attorney Lynch reported that no action was taken on the Pt. Vicente Interpretative Center matter in regard to any litigation and that no action was taken on the Bowling /Goodrich item. City Council added to the agenda an item to approve additional funding for items regarding the Pt. Vicente Interpretative Center matter that needed to be addressed prior to the next Council meeting to meet a deadline established by Chandler Landfill. AUDIENCE COMMENTS: Lois Larue, 3136 Barkentine Road, spoke to campaign contributions and local political activity. ADJOURNMENT: City Council Minutes October 19, 1999 Page 10 Adjourned at 11:50 P.M. on motion of Mayor Hollingsworth. MAY ATTEST: CITY CLERK CITYCOUNCILMINUTES\101999CCMINS. City Council Minutes October 19, 1999 Page 11