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CC MINS 19971007MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING OCTOBER 7, 1997 The meeting was called to order at 6:00 P.M. by Mayor John C. McTaggart at the Hesse Park Community Center, 29301 Hawthorne Boulevard, and was immediately recessed to a Closed Session per the Brown Act Checklist attached to the agenda. The meeting reconvened at 7:00 P.M. After the Pledge of Allegiance to the flag, roll call was answered as follows: Present: Hollingsworth, Ferraro, Byrd, Lyon, and Mayor McTaggart Absent: None Also present were City Manager Paul D. Bussey; City Attorney Carol Lynch; City Clerk Jo Purcell; Planning, Building & Code Enforcement Director Carolynn Petru; Senior Administrative Analyst Gina Park; Public Works Director Les Evans; Assistant to the City Manager Otto; and Finance Director Dennis McLean. RECYCLE DRAWING: Mayor McTaggart announced that the Jerold Chavkin and Ralph DiLibro families were the recycle winners for the month of September. Each of these families will get free refuse pick -up for a year because they have participated in the City's curbside recycling program. APPROVAL OF AGENDA City Clerk Purcell announced that staff had requested that the oral report from the Western Avenue Task Force Report be postponed to the next meeting. Councilwoman Ferraro moved, seconded by Councilman Byrd, to approve the agenda as amended. Motion carried. APPROVAL OF CONSENT CALENDAR Lois Larue, 3136 Barkentine, spoke to two items on the Consent Calendar, Storm Drain Inlet Improvements at McCarrell Canyon, and Vacation of a Portion of Paseo Del Mar Right of Way; and Objected to time limitations on audience participation as listed on the agenda. Staff advised that such limitations are in full compliance with the Brown Act. Councilman Byrd moved, seconded by Councilwoman Ferraro, to approve the Consent Calendar as follows: WAIVER OF READING Adopted a motion to waive reading in full of all ordinances and resolutions adopted at this meeting with consent to the waiver of reading deemed to be given by all councilmembers after the reading of the title. MINUTES (301) Approved the minutes of September 27, 1997. ROBERT KERSTEIN -CLAIM AGAINST THE CITY (301 X 303) Rejected the claim and directed the City Clerk to notify the claimant. H. J. KUNG -CLAIM AGAINST THE CITY (301 X 303) Rejected the claim and directed the City Clerk to notify the claimant. STORM DRAIN INLET IMPROVEMENTS AT MCCARRELL CANYON (604 X 1204) (1) Awarded a contract for the construction of the Storm Drain Inlet Improvements at McCarrell Canyon, to E.A. Mendoza Contracting of Anaheim Hills for a total amount of $40,105; and authorized staff to spend up to an additional $4,010 for contingencies for a total authorization of $44,115; and (2) Authorized the Mayor and City Clerk to execute a contract with E.A. Mendoza Contracting. MERIT ENGINEERING INC. - CONTRACT AGREEMENT (1204 X 1401) Amended Merit Engineering Inc. Professional Services Agreement for "Contract Administration Services" by increasing the not -to- exceed amount of $15,000 by $15,000, for a new not -to- exceed fee amount of $30,000. STREET DESIGN AND DRAINAGE DESIGN -AWARD OF CONTRACTS (604 X 1204 X 1404) (1) Approved a Professional Services Agreement with Robert Bein, William Frost & Associates in the amount of $20,000 for STREET DESIGN services and authorized the Mayor and City Clerk to execute the Agreement; (2) Approved a Professional Services Agreement with Willdan Associates in the amount of $15,000 for STREET DESIGN services and authorized the Mayor and City Clerk to execute the Agreement; (3) Approved a Professional Services Agreement with AKM Consulting Engineers in the amount of $20,000 for DRAINAGE DESIGN services and authorized the Mayor and City Clerk to execute the Agreement; and (4) Approved a Professional Services CITY COUNCIL MINUTES OCTOBER 7, 1997 PAGE 2 Agreement with Robert Bein, William Frost & Associates in the amount of $15,000 for DRAINAGE DESIGN services and authorized the Mayor and City Clerk to execute the Agreement. RESOL, NO. 97 -83 - VACATION OF A PORTION OF PASEO DEL MAR (1204 X 1408) ADOPTED RESOLUTION NO. 97 -83 AMENDING RESOLUTION NO. 96 -97, A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 95-61 IN CONNECTION WITH THE VACATION OF A PORTION OF PASEO DEL MAR TO ALLOW AN ADDITIONAL SIX MONTHS FOR THE DEVELOPER TO COMPLETE THE NECESSARY ITEMS OF WORK. FISCAL YEAR 1996 -97 SLURRY PROGRAM - NOTICE OF COMPLETION (1204 X 1404) (1) Approved Change Order Number Three; (2) Accepted the work as complete; (3) Authorized the City Clerk to record a Notice of Completion with the County Recorder, and if no claims are filed within 35 days after recordation, and upon the contractor posting an acceptable security, notice the surety company to exonerate the Payment and Performance Bonds posted at the time the contract was awarded; and (4) Authorized 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. DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOAL (601 X 1204) (1) Adopted the goal of 15% for the Disadvantaged Business Enterprise (DBE) participation in Federal aid highway projects during the FY 97 -98 Federal Fiscal year; and (2) Directed the City Clerk to advertise and post the goal in accordance with Federal guidelines. COMMERCIAL REFUSE COLLECTION AND DISPOSAL SERVICE AGREEMENT (1204 X 1301) Approved transferring the non - exclusive commercial collection and disposal services agreement from Browning - Ferris Industries of California Inc. to BFI Waste Systems of North America, Inc. (BFI Waste). RESOLUTION NO. 97 -84 - REGISTER OF DEMANDS (602) Adopted Resolution No. 97 -84. CITY COUNCIL MINUTES OCTOBER 7, 1997 PAGE 3 The motion to approve the Consent Calendar carried on the following roll call vote: Ayes: Hollingsworth, Ferraro, Byrd, Lyon, and Mayor McTaggart Noes: None PUBLIC HEARINGS: VIEW RESTORATION PERMIT NO. 41 - APPEAL (1203 X 1806) Planning Director Petru presented the October 7 staff report and the following recommendation: adopt the proposed resolution upholding the View Restoration Commission's approval of View Restoration Permit No. 41 upon finding evidence to support all applicable findings and compliance with all provisions of Section 17.02.040 (C)(2). Ms. Petru stated that one of the appellants, Dr. Philipson, had reached an agreement with the applicants and withdrawn his appeal; and the remaining appellant, Dr. Ebrahimi, was requesting that the hearing be continued to October 21 to allow for further negotiations. Neil Watanabe (applicant), 30231 Cheret Place, requested that the Council not delay their decision citing the following reasons: despite months of negotiations no compromise has been reached with Dr. Ebrahimi; this hearing has been postponed twice before and the Council and the applicants have spent time reviewing and preparing; and one of the applicants will be out of town on October 21. Vince Viskanta (applicant), 6377 Chartres Drive, concurred with Mr. Watanabe's statements and stated that although his wife will be out of town, he will be available if the hearing is continued. Councilman Byrd, seconded by Councilwoman Lyon, moved to continue the hearing on the matter to the October 21 meeting. Motion carried. REGULAR BUSINESS; RESOL. NOS. 97 -85 & 86 - SEABREEZE PROJECT - AFFORDABLE HOUSING REQUIREMENTS (701 X 1203) Associated Planner Pfost presented the staff report and the following recommendation: adopt the proposed resolutions allowing the owners of the Seabreeze project (Tract No. 46651) and the Subregion 1 project (Vesting Tentative Tract No. 46628) to satisfy the affordable housing requirements by providing an in -lieu fee to the City, pursuant to Development Code Section 17.11.040 and Resolution No. 97-48. CITY COUNCIL MINUTES OCTOBER 7, 1997 PAGE 4 Lois Larue voiced her opinion that the fees were inadequate. City Manager Bussey advised that the fees would go into a separate fund and outlined time constraints and possible uses for the fund, such as subsidizing apartment rents. RESOLUTION NO. 97 -85 REQUIRING THE OWNERS OF THE SEABREEZE PROJECT (TRACT NO. 46651) TO SUBMIT AN AFFORDABLE HOUSING IN -LIEU FEE TO THE CITY IN ORDER TO SATISFY THE CITY'S AFFORDABLE HOUSING REQUIREMENTS FOR NEW DEVELOPMENTS, PURSUANT TO SECTION 17.11.050 OF THE RANCHO PALOS VERDES MUNICIPAL CODE AND RESOLUTION NO. 97- 48 was introduced by title and ADOPTED on motion of Councilwoman Lyon, seconded by Councilman Byrd and carried. RESOLUTION NO. 97 -86 REQUIRING THE OWNERS OF THE SUBREGION 1 PROJECT (VESTING TENTATIVE TRACT NO. 46628) TO SUBMIT AN AFFORDABLE HOUSING IN -LIEU FEE TO THE CITY IN ORDER TO SATISFY THE CITY'S AFFORDABLE HOUSING REQUIREMENTS FOR NEW DEVELOPMENTS, PURSUANT TO SECTION 17.11.050 OF THE RANCHO PALOS VERDES MUNICIPAL CODE AND RESOLUTION NO. 97-48 was introduced by title and ADOPTED on motion of Councilwoman Lyon, seconded by Councilman Byrd and carried. LAX FLIGHT PATTERNS AND NOISE COMPLAINTS (601 X 11010 Senior Administrative Analyst Park presented the staff report and the following recommendations: (1) authorize the City Manager to send a written complaint to the Federal Aviation Administration opposing the LAX flight pattern change and associated noise, and requesting investigation to resolve the situation; and (2) approve distribution of the proposed news release to the Palos Verdes Peninsula News and the Daily Breeze. Gene Dokter, 2700 San Ramon Drive, spoke of the noise he was being subjected to due to the constant stream of low- flying jets over his residence at all hours of the day and night. Frances Cornelius, 2736 San Ramon Drive, concurred with Mr. Dokter's comments. Council agreed that aircraft noise has increased substantially since the flight pattern change and recommended that residents register their complaints with Congresswoman Harman and Fourth District County Supervisor Knabe, as well as offending commercial airlines. Councilwoman Lyon, seconded by Councilman Byrd, moved to approve the staff recommendation. Motion carried. CITY COUNCIL MINUTES OCTOBER 7, 1997 PAGE 5 LANDSCAPE MAINTENANCE FOR WALLACE RANCH (1204 X 1404) Public Works Director Evans presented the staff report and the following recommendations: (1) direct staff to prepare an agreement to allow the Wallace Ranch Homeowners' Association to continue the maintenance of the publicly owned parkways and park adjacent to their subdivision with the City participating in the cost of maintenance not to exceed City contract prices for the work; and (2) direct staff to contact the Radio Club to determine their future intentions and interest in the Wallace Ranch site and return to Council with a report analyzing the options the City has for long -term use of the property. Cynthia Barton, 5 Via Pergola, representing Wallace Ranch Homeowners' Association spoke in favor of the proposal. There was discussion about the high cost of maintaining this property, but it was the consensus of the Council that failure to approve this agreement would result in a serious downgrading of the landscaping, with no reduction in the City's maintenance cost. Council requested a comparison of costs with other City parks. Councilwoman Lyon, seconded by Councilman Byrd, moved to concur with the staff recommendation. Motion carried. CONTRACT FOR GEOTECHNICAL CONSULTING SERVICES (1203) Planning Director Petru presented the staff report and recommended that the Mayor and City Clerk be authorized to execute the proposed agreements with Zeiser Kling Consultants, Inc. and Bing Yen and Associates, Inc. to provide geology and geotechnical engineering consulting services on an as- needed basis to the City. Lois Larue expressed delight that new input was being sought for geological problems. Council members who participated in the selection process noted the high caliber of applicants and commented that they expect this arrangement to save both time and money for the City. Councilman Byrd moved, seconded by Councilman Hollingsworth, to adopt the staff recommendation. Motion carried with the following roll call vote: Ayes: Hollingsworth, Ferraro, Byrd, Lyon and Mayor McTaggart Noes: None CITY COUNCIL MINUTES OCTOBER 7, 1997 PAGE 6 SOUTH BAY CITIES COUNCIL OF GOVERNMENTS - POSITION PAPER (1101) Assistant to the City Manager Otto presented the staff report and recommended that the Council review and comment on the South Bay Cities Council of Governments' (SBCCOG) Position Paper and adopt a recommendation from one of the three alternatives to be forwarded for their consideration. Discussion centered on the value of being a member of SBCCOG and how the cost of staffing a more structured organization would be funded. The three alternatives were discussed, but none of them were determined to be entirely satisfactory. It was the consensus of the Council that they recognize the valuable work that SBCCOG is doing in the region, especially in the area of transportation related projects; they appreciate the contributions of the City of Torrance and Mayor Hardison and realize that they cannot continue to provide staffing for the organization on a volunteer basis; and they are willing to consider additional financial support, however they would like SBCOG to provide additional information about potential outside funding sources would also like to review the responses of the other cities involved before making a decision. RECESS AND RECONVENE: At 8:50 P.M. the meeting recessed; at 9:00 P.M. the meeting reconvened. PALOS VERDES ON THE NET - AMENDMENT TO LEASE (1101) Assistant to the City Manager Otto presented the staff report and the following recommendations: (1) if the Council determines that it is appropriate, authorize Palos Verdes on the Net to locate a storage container on the Civic Center property; and (2) if approved, determine if an amendment to the lease agreement should include additional compensation for allowing the storage container. Lois Larue stated that she believes Palos Verdes on the Net is getting preferential treatment and should be paying rent for the City building it now occupies. Council explained the service that Palos Verdes on the Net provides to the community; noted that it is not a profit - making venture at this time; and pointed out that the lease states that the building must be vacated if a paying tenant is found. Council requested that staff prepare a comprehensive study of the storage problem. Councilman Byrd, seconded by Councilwoman Lyon, moved to approve the staff's recommendation. Motion carried. RESOL. NO. 97-87 - PALOS VERDES SHORELINE PARK (1101 X 1201) CITY COUNCIL MINUTES OCTOBER 7, 1997 PAGE 7 Assistant to the City Manager Otto presented the staff report and the following recommendations: (1) adopt a resolution authorizing the City to accept Palos Verdes Shoreline Park, a 53 acre undeveloped site, from the County of Los Angeles; and (2) approve the Storm Drain Construction and Maintenance Agreement with the County of Los Angeles and authorize the Mayor and the City Clerk to execute said agreement. City Attorney Lynch noted amendments made to the resolution. Lois Larue wondered why the City and not the County would be responsible for maintaining the storm drain and objected to 20 acres of the site being turned over to Ocean Trails. City Manager Bussey responded that Ocean Trails will not have the rights to the 20 acres but will only be restoring and maintaining the habitat. In response to Councilman Hollingsworth's inquiry, City Manager Bussey advised that an environmental assessment had been done on the property, and there were no indications of contamination or toxic waste; but the City would be liable for clean -up expenses if something is found in the future. Councilman Byrd moved, seconded by Councilwoman Lyon to ADOPT RESOLUTION NO. 97 -87 AUTHORIZING THE CITY OF RANCHO PALOS VERDES TO ACCEPT THE CONVEYANCE OF PALOS VERDES SHORELINE PARK SITE FROM THE COUNTY OF LOS ANGELES as AMENDED; and (2) approve the Storm Drain Construction and Maintenance Agreement with the County of Los Angeles and authorize the Mayor and the City Clerk to execute said agreement. Motion carried with Councilman Hollingsworth abstaining. USE OF COPS FUNDING - SECOND SPECIAL ASSIGNMENT OFFICER (301 X 1206) Administrative Services Director Jo Purcell presented the staff report and recommended that subject to the outcome of discussion at the next Regional Police Committee meeting (October 23), the Council direct the City's representatives (Council members Hollingsworth and Lyon) to support the proposal to continue using the City's COPS funding for the existing Special Assignment Officer and to hire an additional Special Assignment Officer. Councilwoman Ferraro, seconded by Councilman Byrd, moved to approve the staff's recommendation. Motion carried. OCEAN TRAILS DEVELOPMENT AGREEMENT(1203 X 1411) CITY COUNCIL MINUTES OCTOBER 7, 1997 PAGE 8 City Manager Bussey presented the staff report and requested that the Council review the proposed Development Agreement between the City of Rancho Palos Verdes, Zuckerman Entities and the Palos Verdes Land Holdings Company, and provide staff with direction on any changes the Council deems appropriate. Lois Larue disputed staff's opinion that because of a recent legal decision a golf tax had become illegal and questioned the developer's need to acquire the 20 -acre switchback. Staff responded that the developer will pay $165,000 for the switchback easement and will restore and maintain the habitat for five years. Ken Zuckerman, 2 El Portal, Palos Verdes Estates, project manager of the Ocean Trails Project, outlined the property owners' proposed golf tax in lieu fee and stated that higher fees might jeopardize the development. Mr. Zuckerman noted that whatever money is paid to acquire the switchback property easement reduces the amount of money available for habitat conservation. There was a discussion of pending State legislation that would validate the Golf Tax Ordinance and it was the consensus of the Council that a 10% fee was the only acceptable alternative since previous assumptions have been based on that figure. Councilman Byrd moved, seconded by Councilwoman Ferraro to concur with the staff recommendation that the Development Agreement require the owners of the golf course to guarantee the payment of the 10% golf tax to the City regardless of its validity. Motion carried. Council discussion then moved to the issue of the value of the switchback habitat easement. City Manager Bussey explained the staff's decision to place the same value on the 20 -acre switchback property as the County placed on the 20 -acre Shoreline Park easement. City Attorney Lynch stated that the issue of whether the money paid for these easements would reduce money available for maintenance of the habitat is a matter of contention, with additional information available at the next Council meeting. Mr. Bussey advised that the payment for the easement would be placed in the General Fund unless otherwise directed; and Council members suggested possible uses for the money, including future maintenance of the restored habitat after it reverts to the City in five years and revegetation of other City -owned land. Council concurred with the staff's valuation of $165,000 for the switchback habitat easement. It was also recommended and accepted that language should be added that if other public areas are not maintained, the project would be subject to a revocation of the Conditional Use Permit. The proposal to charge the owners of the golf course an additional fee of $1.00 per round of golf if the public facilities, including the habitat areas, are not properly CITY COUNCIL MINUTES OCTOBER 7, 1997 PAGE 9 maintained was discussed; and the Council recommended, that in view of the fact this fee would not come close to paying for the actual cost of maintenance and might thereby encourage neglect, that this clause should be deleted from the agreement. Council noted that proper maintenance is imperative, especially with respect to the water table, and wanted it made clear failure to do so would result in revocation of the Conditional Use Permit. City Attorney Lynch suggested that the $1.00 per round fee be restructured and limited to the habitat areas. City Attorney Lynch outlined proposed changes in the hold harmless language and the language concerning the cooperation between the parties in case of any legal challenge to the agreement. City Manager Bussey advised that the Council would have an opportunity to review and approve the recommendations made at this meeting at a later date. AUDIENCE COMMENT: Jill Mastous, 6863 Abbottswood Drive, submitted a letter to the Council, and stated that she had been informed that the Palos Verdes Unified School District believes they are exempt from the City of Rancho Palos Verdes view restoration and preservation process and questioned whether this is true. She further stated that the trees in question not only Obstruct her view but also present a safety hazard. Staff responded that although the school district may exempt itself from local zoning with respect to classroom - related facilities, foliage would not be subject to such an exemption, and suggested she voice her concern to the school board. Councilwoman Ferraro advised that it is her understanding that the district will work with the City and not claim an exemption. REPORT ON CLOSED SESSION: City Attorney Lynch reported that she had given Council an update on the Horan litigation but no action had been taken. With regard to the four code enforcement items on the agenda, Ms. Lynch stated that Council directed staff to proceed with abatement on two of the items and requested additional information on the other two. ADJOURNMENT: At 10:45 P.M. the Council adjourned on motion of Councilman Byrd. MAYOR ATT ST: ,--� CITY CLERK CITY COUNCIL MINUTES OCTOBER 7, 1997 PAGE 10