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CC MINS 19950606M I N U T E S REGULAR MEETING RANCHO PALOS VERDES CITY COUNCIL JUNE 61 1995 The meeting was called to order at 6:00 P.M. by Mayor Lee Byrd at the Hesse Park Community Center, 29301 Hawthorne Boulevard, and immediately recessed to a closed session. The meeting was reconvened at 7:00 P.M. by Mayor Byrd and following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: LYON, McTAGGART, BROOKS, AND MAYOR BYRD ABSENT: NONE Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, Planning & Building Director Bret Bernard, Public Works Director Trent Pulliam, Finance Director Brent Mattingly, City Clerk Jo Purcell, City Attorney Carol Lynch, Planning Administrator Carolynn Petru, Associate Planner Terry Silverman, Associate Planner Donna Jerex and Senior Administrative Analyst Veronica Dolleschel. City Manager Bussey announced that the City was in receipt of a letter regarding hearings scheduled for next week in Washington D.C. on the matter of lifting the moratorium on off -shore oil drilling. If any member of Council wished to discuss the matter and perhaps authorize a member to attend the Washington D.C. meetings, then it would be necessary for the Council to approve adding this matter to the agenda by a majority vote. Councilman McTaggart so moved. The motion died for lack of a second. APPROVAL OF AGENDA: Councilman McTaggart moved, seconded by Councilwoman Brooks to approve the agenda as amended. Motion carried. APPROVAL OF CONSENT CALENDAR: The City Clerk announced that the item pertaining to the contract for signal maintenance had been removed from the consent calendar at the request of Mayor Byrd. Lois Larue, 3136 Barkentine spoke to the extension of the geologic services agreement with Dale Hinkle, the adoption of Ordinance No. 309 and the matter concerning the consulting services for expenditure reduction. With the removal of the signal maintenance contract, Council then proceeded to approve remainder of the consent calendar as follows on motion of Councilwoman Lyon, seconded by Councilman McTaggart. WAIVER OF FULL READING: Adopted a motion to waive reading in full of all ordinances 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 May 16, 1995 and April 18, 19950 TREE TRIMMING FY 1994 -95 - TRAVERS TREE SERVICE (1204 X 1407) Awarded the contract to Travers Tree Service for a fixed amount of $27,480 and authorized the Mayor and the City Clerk to execute the contract documents. RESOL. NO. 95 -51 - BUDGET ADJUSTMENT - PERSONNEL ( 602 X 1101 X 12 02 ) Adopted RESOLUTION NO, 95 -51 AMENDING RESOLUTION NO, 94 -47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1994 -95, FOR A BUDGET ADJUSTMENT FROM THE UNAPPROPRIATED GENERAL FUND RESERVE TO THE PERSONNEL PRINTING LINE`ITEM FOR COSTS ASSOCIATED WITH ADVERTISING FULLTIME AND PART TIME PERSONNEL VACANCIES. EXTENSION - GEOLOGIC SERVICES AGREEMENT - DALE HINKLE ( 2 01 X 12 0 3 ) Authorized the Mayor and City Clerk to execute an agreement with Dale Hinkle, P.E., Inc., extending the current contract for two years through the 1996 -97 Fiscal Year. RESOL. NO. 95 -52 & ORDINANCE NO. 309 - CODE AMENDMENT NO. 40 (701 X 1103 X 1203) (1) Adopted RESOLUTION NO. 95 -52 ADOPTING A NEGATIVE DECLARATION FOR CODE AMENDMENT NO. 40 AND ENVIRONMENTAL ASSESSMENT NO. 666. (2) Adopted ORDINANCE NO. 309 OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 15.20 OF THE MUNICIPAL CODE REGARDING THE MORATORIUM ON LAND USE PERMITS (CODE AMENDMENT NO. 40 AND ENVIRONMENTAL ASSESSMENT NO, 666), CONSULTING SERVICES FOR EXPENDITURE REDUCTION (602) Authorized staff to meet with the Expense Reduction Institute to explore methods by which the City could reduce its expenditures for office supplies and printing. RESOL. NO 95 -53 REGISTER OF DEMANDS (602) CITY COUNCIL MINUTES JUNE 61 1995 PAGE 2 Adopted Resolution No. 95 -53. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: LYON, MCTAGGART, BROOKS, AND MAYOR BYRD NOES: NONE ABSENT: NONE ABSTAIN: NONE RECYCLE DRAWING: (1301) Mayor Byrd announced that the C. Van Der Weyde Family and the Dorothy Bradley family were the winners of a year's worth of free refuse pick -up for the months of April and May respectively. Director Pulliam drew one card from the recycling drum for the month of July. PUBLIC HEARINGS: VARIANCE NO. 378 APPEAL, LOCATION: 6470 SEACOVE DRIVE (701 X 1203 X 1804) Mayor Byrd opened the public hearing on Variance No. 378, Coastal Permit No. 124 Appeal and City Clerk Purcell reported that this was a hearing continued from April 6; additionally, that a letter had been received from Dr. Rick Quintero, 6490 Seacove Drive, stating objections to the view blockage. Also, A. B. Keene, Engineering Geologist had submitted a letter explaining the walkway erosion problems at the Hunt property. Associate Planner Terry Silverman presented the staff report of June 6 and the following recommendations. (1) Deny the appeal, thereby upholding the Planning Commission's approval of a fountain located in the front yard setback area with maximum height of six (6) feet, and direct staff to prepare appropriate resolutions; and, (2) Direct staff to forward all (other) outstanding Code Enforcement issues to the City Prosecutor for further action. Objecting to view blockage caused by the trees on Dr. Hunt's property was Mintra Sharma, 6490 Seacove Drive, who requested that the City take action to restore her view. There was no response to the Mayor's call for additional public testimony and neither was there a representative for the applicant. Mayor Byrd declared the public hearing closed. Councilman McTaggart moved, seconded by Councilwoman Brooks to deny the appeal and overturn the Planning Commission's decision, thereby CITY COUNCIL MINUTES JUNE 6, 1995 PAGE 3 requiring the fountain to be removed or reduced to a maximum height of 42 inches; and, Forward all outstanding code enforcement issues to the City prosecutor for further action. Motion carried. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT APPLICATIONS ( 6 01 X 12 0 4 ) Mayor Byrd opened the public hearing on the Community Development Block Grant Projects Applications and City Clerk Purcell reported that notice had been duly published and that no written protests had been received. Senior Administrative Analyst Veronica Dolleschel presented the staff report of June 6 and the following recommendations: (1) Conduct a public hearing to receive citizen input on two proposed CDBG- funded projects entitled: (a) Portuguese Canyon Erosion Control Project - $197,636; and (b) Portuguese Bend Grading Project $1001000e (2) Authorize staff to submit applications for these two projects to the Community Development Commission and the U.S. Department of Housing and Urban Development for review and approval. Lois Larue spoke in opposition to these applications. There being no further response to the Mayor's call for public testimony, he declared the hearing closed. Councilwoman Brooks moved, seconded by Councilman McTaggart to adopt the staff recommendation. Motion carried. RESOLUTIONS NOS. 95 -54, 55 & 56 - RESIDENTIAL REFUSE, RECYCLING & "PUP" ROUTE RATE INCREASE (1204 X 1301) Mayor Byrd opened the public hearing on the Single Family Residential Refuse, Recycling and "Pup" route rate increase and City Clerk Purcell reported that notice had been duly published and that no written protests had been received by the City. Senior Administrative Analyst Veronica Dolleschel presented the staff report of June 6 and the following recommendations: (1) Adopt a resolution establishing the single family residential refuse and recycling rates for Areas I, II and III served by Waste Management to be effective July 1, 1995* (2) Adopt a resolution establishing the single family residential refuse and recycling rates for Area IV served by Ivy Rubbish Disposal to be effective July 1, 19950 (3) Authorize a $.04 reduction in the base service rate and a $.04 increase in the recycling rate for "pup" route service provided by Waste Management to be used to calculate the increase effective July 1, 1995. (4) Adopt a resolution establishing the single CITY COUNCIL MINUTES JUNE 61 1995 PAGE 4 f ami ly residential "pup" route and recycling rates f or Areas I , II and III served by Waste Management to be effective July 1, 1995. There being no response to the Mayor's call for public testimony, he declared the hearing closed. Councilwoman Brooks moved, seconded by Councilman McTaggart to adopt the staff recommendation: (1) ADOPT RESOL. NO. 95 -54 ESTABLISHING THE SINGLE FAMILY RESIDENTIAL REFUSE AND RECYCLING RATES FOR AREAS I, II, AND III SERVED BY WASTE MANAGEMENT; (2) ADOPT RESOL. NO. 95 -55 ESTABLISHING THE SINGLE FAMILY RESIDENTIAL REFUSE AND RECYCLING RATES FOR AREA IV SERVED BY IVY RUBBISH DISPOSAL; AND, (3) AUTHORIZE A $.04 REDUCTION IN THE BASE SERVICE RATE AND A $.04 INCREASE IN THE RECYCLING RATE FOR "PUP" ROUTE SERVICE PROVIDED BY WASTE MANAGEMENT, TO BE USED TO CALCULATE THE INCREASE EFFECTIVE JULY 1, 1995. (4) ADOPT RESOL. NO, 95 -56 ESTABLISHING THE SINGLE FAMILY RESIDENTIAL "PUP" ROUTE AND RECYCLING RATES FOR AREAS I, II AND III SERVED BY WASTE MANAGEMENT TO BE EFFECTIVE JULY 11 1995. The motion carried on the following roll call vote: AYES: LYON, BROOKS, McTAGGART & MAYOR BYRD NOES: NONE UTILITY USER TAX EXEMPTION FOR NON - PROFIT, TAX- EXEMPT CORPORATIONS (602 X 1501) Finance Director Brent Mattingly presented the staff report of June 6th and the following recommendations: (1) Deny the request to provide an exemption from the Utility User Tax to all non - profit entities that are exempt from income taxation. (2) Deny the request for a refund of Utility User Taxes previously remitted by non - profit entities that are exempt from income taxation. By way of further explanation, the Director reported that he had contacted four other South Bay cities and none of them provided an exemption for non profit organizations. Additionally, it was the City Attorney's opinion that any such exemption would have to be granted to all other non - profit organizations and could not be limited to only churches. Representing Ascension Lutheran Church was Dawn Shepard, who read a prepared statement requesting that a resolution be adopted so that non- profit, tax - exempt corporations within the City be qualified for an exemption from the City utility users tax. (Ms. Shepard's statement is on file with the City Clerk's Office.) Council discussion clarified that the revenue derived from the utility user tax is used for the capital improvement program and that while the present budget did show a surplus, projections for CITY COUNCIL MINUTES JUNE 6, 1995 PAGE 5 the 1997 fiscal year showed that it would be necessary to hold the utility tax at its current level. Councilwoman Brooks moved, seconded by Councilman McTaggart to adopt the staff recommendation. Motion carried. SILVER SPUR UTILITY UNDERGROUNDING (901 X 1101 X 1204) City Manager Bussey presented the staff report of June 6 and the recommendation to rescind Resolution Nos. 95 -04 and 95 -28 and instruct staff to abandon the Silver Spur Utility Undergrounding District. Representing the So. California Edison Co. was Scott Gobble, who summarized the efforts made to form this district and the cooperation in pooling funds that would be needed from neighboring cities to bring the district to fruition. Councilman McTaggart requested that the decision to abandon this district be delayed until a later meeting so that he could have the opportunity to garner support for the district from the City of Rolling Hills Estates. Council discussion then centered on how long the County could wait for a decision to be made on this matter and the fact that the City may have to make a bigger contribution in the event that the other cities contribute less than originally requested. Another factor considered, however, was the relatively low cost of this undergrounding to the residents. It was the consensus to delay abandonment of the district and to adopt a resolution extending the time to allow for additional funding. To give the City Attorney adequate time to amend Resol. No. 95 -28 which pertained to this matter the Mayor declared a recess at 8:00 P.M. The meeting reconvened at 8:08 P.M. (Councilwoman Lyon not present.) RESOLUTION NO. 95 -57 AMENDING RESOLUTION NO. 95 -04 AND 95 -28 IN CONNECTION WITH THE FORMATION OF THE SILVER SPUR UNDERGROUNDING DISTRICT TO ALLOW ADDITIONAL TIME FOR FUNDING was presented by title and adopted on motion of Councilwoman Brooks, seconded by Councilman McTaggart. Motion carried on a three - one vote, with Councilwoman Lyon abstaining because she had returned to the meeting at 8:10 p.m. and was not present for all of the discussion on this item. SIGNAL MAINTENANCE FY 1995 -96 AND 1996 -97 - CITY COUNCIL MINUTES JUNE 6, 1995 PAGE 6 SUPERIOR SIGNAL SERVICE - (1204 X 1405) Public Works Director Pulliam clarified the use of the additional $20,000 for non - scheduled maintenance. Lois Larue spoke to several aspects of the back -up material on this matter. Mayor Byrd moved, seconded by Councilman McTaggart to adopt the staff recommendation to: (1) Award a contract for the Fiscal Year 1995 -96 and 1996 -97 Signal Maintenance to Superior Signal Service, Inc. for an amount not to exceed $7,032 per fiscal year . Authorize staff to spend up to an additional $20,968 for unscheduled maintenance and repairs for a total authorization not to exceed $28,000 per fiscal year . (2) Authorize the Mayor and City Clerk to execute the contract documents with Superior Signal Services, Inc., for the work. The motion carried on the following roll call vote: AYES: LYON, BROOKS, McTAGGART & MAYOR BYRD NOES: NONE ABSTAIN: NONE SALARY SURVEY - DATE FOR DISCUSSION (1101 X 1202) Council requested that the matter of setting a date for discussion of this matter be placed on the next agenda. REQUEST FOR CLOSED SESSION City Attorney Lynch announced that the City had been served with a law suit by Dr. Hunt and because at the meeting of June 20 the Council would be adopting a resolution memorializing the action taken on this matter earlier in the meeting, it would be necessary to recess the meeting to a closed session to discuss this law suit. Councilwoman Lyon so moved, seconded by Councilman McTaggart. Motion carried. AUDIENCE COMMENTS: Responding to the Mayor's call for audience comments for items not on the agenda was Lois Larue who requested clarification of payment of an item on the register of demands. Recess and Reconvene: At 8:35 P.M. the meeting recessed to a closed session on motion of Councilwoman Brooks. The meeting reconvened at 8:54 P.M. Report on Closed Session: City Attorney reported that the Council voted four - zero to confirm the City's assumption of the defense of Charles Abbott Associates and Winston Ward and the City's CITY COUNCIL MINUTES JUNE 6, 1995 PAGE 7 responsibility for settlement of any litigation although Charles Abbott Associates would not be precluded from settling if it so chooses. The City Council voted four - zero to add the Hunt matter to the agenda due to the threat of litigation which was received by Mayor Byrd. No action was taken with respect to the Hunt matter. ADJOURNMENT: Upon completion of the report on the closed session, the meeting immediately adjourned on motion of Councilman McTaggart, ATTEST: LL11=- CITY CLERK A:6695.CCM MAYdk A CITY COUNCIL MINUTES JUNE 61 1995 PAGE 8