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CC MINS 19950620M I N U T E S REGULAR MEETING RANCHO PALOS VERDES CITY COUNCIL JUNE 20, 1995 The meeting was called to order at 7:00 P.M. by Mayor Lee Byrd at the Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: LYON, BROOKS, McTAGGART & 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, and City Attorney Carol Lynch, CEREMONIAL EVENT: Mayor Byrd presented a service pin to City Manager Paul D. Bussey in recognition of his five years of service with the City. The Mayor then presented the Certification of Achievement for Excellence in Financial Reporting to Finance Director Brent Mattingly in recognition of his department getting this prestigious award from the Government Finance Officers Association of the United States and Canada. APPROVAL OF AGENDA: Councilwoman Brooks moved seconded by Councilwoman Lyon to move the Ladera Linda item forward on the agenda for early discussion. Motion carried. Councilwoman Brooks moved, seconded by Councilman McTaggart, to approve the agenda as amended. Motion carried. APPROVAL OF CONSENT CALENDAR: With respect to the minutes of June 6 and her abstention on the Silver Spur Undergrounding District resolution, Councilwoman Lyon explained that her abstention was not a reflection of disagreement with the district, but rather that she was absent from that portion of the meeting (immediately after the 8:30 p.m. recess) during which the brief discussion of that item took place. Lois Larue spoke to three items on the Consent Calendar, to wit: the minutes of April 24 and June 6, the Park Recycling Containers, and the award of the design contract for the Citywide residential overlay projects. Councilman McTaggart moved, seconded by Councilwoman Lyon, to approve the Consent Calendar as follows: WAIVER OF FULL READING: Adopted a motion to waive reading in full of all ordinances 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 April 24 and June 6, 19950 CLAIM AGAINST THE CITY BY BMW OF NORTH AMERICA, INC. (301 x 303) Rejected the claim and directed the City Clerk to notify the claimant of the City Council's action. CLAIM AGAINST THE CITY BY ALBERT D'AMICO (301 x 303) Rejected the claim and directed the City Clerk to notify the claimant of the City Council's action. HESSE PARK SLOPE RENOVATION (1201 x 1204) Awarded the contract. to Landscape West at a cost of $8,026.20 and authorized the Mayor and the City Clerk to execute the contract documents. LADERA LINDA IRRIGATION (1201 x 1204) Awarded the contract to Landscape West at a cost of $13,100 and authorized the Mayor and the City Clerk to execute the contract documents. PAVEMENT MANAGEMENT (1204 x 1403) (1) Received and ordered filed the 1995 update for the pavement management program. ( 2 ) Authorized staff to submit the self - certification of compliance of the 1995 update to the Pavement Management Report to the Metropolitan Transit Authority, PARK RECYCLING CONTAINERS (1201 x 1301) (1) Awarded the contract to Quick -Crete Products Corp. to purchase and install 31 park recycling containers at a fixed cost of $14,562.31; (2) Rejected all other bidders; and, (3) Authorized the Mayor and the City Clerk to execute the contract documents. CITYWIDE OVERLAY PROJECTS (1204 x 1404) (1) Awarded a contract to and authorized the Mayor and City Clerk to execute a professional services agreement with Labelle Marvin for a pavement analysis of selected roadways in the FY95 -96 citywide residential overlay project for a fixed fee of $14,650; (2) Awarded a contract to and authorized the Mayor and City Clerk to execute a professional services agreement with Willdan Associates for professional services related to design, contract administration, and construction inspection of the FY9 5 -9 6 citywide residential overlay project for a fixed fee of $60,824; plus, authorized staff to spend up to $4,176 for additional direct costs and a contingency for a total authorization of $65,000; and, (3) awarded a contract to and authorized the Mayor and City Clerk to execute a professional services agreement with Willdan Associates for professional services related to design, contract administration, and construction inspection of the Crenshaw Boulevard overlay project for a fixed fee of $5,878 plus authorized staff to spend up to $1,122 for additional direct costs and a contingency for a total authorization of $7,000. STATUS REPORT ON WINTER STORM DAMAGE (401 x 1204) (1) ordered the report received and filed and, (2) adopted RESOL. NO. 95 -58 EXTENDING THE DEADLINE FOR SUBMITTAL OF APPLICATIONS TO REPAIR OR REMEDIATE DAMAGE FOR DANGEROUS CONDITIONS RESULTING FROM THE WINTER STORMS OF 1995 FROM JUNE 30, 1995 TO SEPTEMBER 30, 1995. RESOLUTION NO. 95 -59 - REGISTER OF DEMANDS (602) City Council Minutes June 20, 1995 Page 2 Adopted RESOL, NO. 95 -590 The motion to approve the Consent Calendar carried on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: PUBLIC HEARIN(;S: LYON, BROOKS, McTAGGART & MAYOR BYRD NONE NONE NONE RESOL. NO. 95 -60 - CITYWIDE LANDSCAPING & LIGHTING DISTRICT (901 X 1204) Mayor Byrd declared the public hearing open and the City Clerk reported that notice had been duly published and that no written protests had been received by the City. Associate Engineer Dean Allison presented the June 20 staff report and the following recommendations: (1) CONDUCT THE PUBLIC HEARING ON THE PROPOSED LEVY AND COLLECTION OF ASSESSMENTS WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 1995 -96 AND THE ENGINEER'S REPORT PREPARED IN CONNECTION THEREWITH. (2) ADOPT the proposed resolution CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 1995 -96 FISCAL YEAR IN CONNECTION WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT. (3) AUTHORIZE THE MAYOR AND THE CITY CLERK TO EXECUTE THE AGREEMENT BETWEEN THE CITY AND THE COUNTY OF LOS ANGELES PROVIDING FOR THE COUNTY TO PLACE THE ASSESSMENTS ON THE 1995 -96 FISCAL YEAR SECURED TAX ROLL. Lois Larue, 3136 Barkentine requested that low income people be exempt from paying this assessment and also that the crib wall on Palos Verdes Drive South be landscaped. Council discussion focused on the fact that this tax would be reviewed in January 1996 and that there already is an exemption clause for senior citizens and low income persons. Councilwoman Lyon moved, seconded by Councilwoman Brooks to adopt the staff recommendation, however, when this matter is discussed in January, 1996 that the question of placing its continuation on the March 1996 primary election ballot be considered. The motion carried on the following roll call vote: AYES: LYON, BROOKS, McTAGGART & MAYOR BYRD NOES: NONE ABSTAIN: NONE MESA PALOS VERDES HOMEOWNER ASSOCIATION - FEE WAIVER REQUEST (1203 X 1804) City Manager Bussey presented the staff report of June 20 and the recommendation to deny Mesa Palos Verdes Homeowner Association's fee waiver request for the appeal of the permit extension granted by the Planning Commission for the Marriott Senior Lifecare Facility (CUP No. 131.) Speaking for the Mesa Palos Verdes Homeowner was the president of that association Ray Mathys, 5738 Whitecliff Drive, who gave an historical overview of his association's formation and opposition to the Marriott Senior Lifecare City Council Minutes June 20, 1995 Page 3 Facility. Lois Larue cited her support of the homeowners request. Councilman McTaggart moved, seconded by Councilwoman Brooks to grant the request and waive the fee. Discussion of the motion centered on the staff time spent preparing the appeal process and the fact that if the fee was paid and the appellants won, then they would be reimbursed their appeal fees. The motion carried on the following roll call vote: AYES: BROOKS, McTAGGART & MAYOR BYRD NOES: LYON ABSTAIN: NONE FEE WAIVER REQUEST - ST. PAUL'S LUTHERAN CHURCH (1203) Director Bernard presented the June 20, 1995 staff report and the recommendation to deny the request to waive the required sign permit fee for the proposed new permanent identification sign at St. Paul's Lutheran Church. Representing St. Paul's Church was Joseph Picarelli who explained that they planned to replace the existing sign in its present location with an internally illuminated sign of the same dimensions. Lois Larue spoke in support of this waiver. Council discussion Centered on the cost that a business would pay to replace an existing sign; if, in light of these requests for fee waivers, the City's fees should be viewed as being too high; the fact that the budgets for religious organizations are generally quite frugal; and, that the services rendered by the church could be considered a benefit to the community. Councilman McTaggart moved, seconded by Councilwoman Brooks to waive the fee. The motion carried on the following roll call vote: AYES: BROOKS, McTAGGART & MAYOR BYRD NOES: LYON ABSTAIN: NONE FEE WAIVER REQUEST - ANTONIO TARTAGLIA (1203) Director Bernard presented the June 20 staff report and the recommendation to approve the fee waiver request for only the (after-the-fact) penalty fee, but require the applicant to submit the required variance permit fee. Yvonne Hamilton and Antonio Tartaglia, 2884 San Ramon, explained that this wall had been built by a contractor and that it was Mr. Tartaglia's understanding that all fees had been paid, that the wall was an asset to the community and greatly improved the looks of the entrance to the San Ramon neighborhood. Mr. Tartaglia said that a City inspector had visited the site during construction and did not indicate any additional inspection or fees were required. Director Bernard clarified that the City inspector noted by Ms. Hamilton was from the Public Works Department and had reviewed a street driveway under construction, not the wall which may have been under construction at the same time. He also noted that this employee would not know to ask if a permit was issued for construction of the wall. City Council Minutes June 20, 1995 Page 4 Council inquiry clarified that the old fence was built prior to incorporation and that because the new wall and driveway were built at the same time it was easy to understand why the homeowner assumed that the wall was also approved. Councilman McTaggart moved, seconded by Councilwoman Brooks to waive the penalty fee but require that the variance fee be at the 1988 rate when the wall was built. The motion carried on the following roll call vote: AYES: LYON, BROOKS, McTAGGART & MAYOR BYRD NOES: NONE WESTERN AVENUE SPECIFIC PLAN PROJECT (REVISED) (701 X 1203) Senior Planner Rojas presented the staff report of June 20 and the request that Council review the revised draft request for proposal (RFP) which has been prepared by staff; and, if desired, provide staff with direction regarding its scope and content. Councilman McTaggart moved, seconded by Councilwoman Lyon to approve this revised plan. The motion carried on the following roll call vote: AYES: LYON, McTAGGART, BROOKS & MAYOR BYRD NOES: NONE Council requested that it be made abundantly clear to the consultant that would be eventually selected what addresses were within the City and that they not be confused with those in the adjacent City of Los Angeles. NETWORK INSTALLATION (602) Finance Director Mattingly presented the June 20 staff report and the following recommendations: (1) award a contract in the amount of $173,745 to Futurenet Information Systems for the purchase and installation of the City's computer network; authorize change order No. 1 to the contract to reduce the contract amount to $139,464. (2) Authorize the Mayor and the City Clerk to sign the agreement for the purchase and installation of the computer network. ( 3 ) adopt the proposed amending Resol. No. 95 -50, the budget appropriation for Fiscal Year 1995 -96, for a budget adjustment of $26,000 to the Equipment Replacement Fund for the purchase and installation of a computer network. Lois Larue inquired why the contract was being awarded to Futurenet and not Datacom. Council comments centered on the reduction of $33,000 because of reconfiguration and elimination of certain equipment and the fact that the Dell Pentium workstations had a good reputation for reliability. Mayor Byrd moved, seconded by Mayor Pro Tem Lyon, to approve the staff recommendation. The motion carried on the following roll call vote: AYES: LYON, McTAGGART, BROOKS & MAYOR BYRD NOES: NONE RESOL. NO. 95 -62 - CONTINUING APPROPRIATIONS FOR FISCAL YEAR 1995 -96 (602) Finance Director Mattingly presented the June 20 staff report and the recommendation to adopt the proposed resolution amending resol. No. 95 -50, The City Council Minutes June 20, 1995 Page 5 budget appropriation for fiscal year 1995 -96, to continue certain expenditure appropriations from fiscal year 1994 -95. Councilman McTaggart moved, seconded by Councilwoman Lyon to adopt RESOL. NO. 95- 62 AMENDING RESOL. NO. 95 -50, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1995 -961 TO CONTINUE CERTAIN EXPENDITURE APPROPRIATIONS FROM FISCAL YEAR 1994 -95. The motion carried on the following roll call vote: AYES: LYON, McTAGGART, BROOKS & MAYOR BYRD NOES: NONE RESOL. NO. 95 -63 - BUDGET REDUCTIONS FOR FISCAL YEAR 1994 -95 BUDGET (602) Director Mattingly presented the June 20 staff report and the recommendation to adopt the proposed resolution amending Resol. No. 94 -47, the budget appropriation for fiscal year 1994 -95, to reduce the budget for certain projects which were re- budgeted in fiscal year 1995 -96. Councilwoman Brooks moved, seconded by Councilman McTaggart to adopt RESOL. NO. 95 -63 AMENDING RESOL, NO. 94 -47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1994- 95, TO REDUCE THE BUDGET FOR CERTAIN PROJECTS WHICH WERE RE- BUDGETED IN FISCAL YEAR 1995 -96. The motion carried on the following roll call vote: AYES: LYON, McTAGGART, BROOKS & MAYOR BYRD NOES: NONE OFFSHORE OIL DRILLING (306 X 1101) Administrative Analyst Otto presented the staff memorandum of June 20 and the recommendation to: (1) join the City of Newport Beach in supporting the continuation of the Federal moratorium on offshore oil drilling in California. (2) If the Council wishes, authorize a $2,000 financial contribution to the moratorium lobby efforts. Council discussion centered on whether more information on both sides of this issue should be available, the fact that it was not yet known where the ban was being lifted and if safer drilling methods were now available. It was argued, however, that the City's coastline is adjacent to the shipping channel, that the area frequently has heavy fog and that the City has opposed the lifting of the ban on three separate occasions. Mayor Byrd moved, seconded by Councilman McTaggart to adopt the staff recommendation. The motion failed on the following roll call vote: AYES: McTAGGART & MAYOR BYRD NOES: BROOKS & LYON SUBMITTAL OF RESOLUTIONS FOR THE LEAGUE OF CALIFORNIA CITIES (RESOL. 95 -64 AND RESOL NO. 95 -65) - (306 X 201 X 1101) Administrative Analyst Otto presented the staff memorandum of June 20 and the recommendation that if the Council wished, to submit the following resolutions to the League of California Cities annual conference for Los Angeles division sponsorship: residential care facilities and land movement. Additionally, staff. noted that two other resolutions were being proposed for submittal: immunity for building and safety officials who are independent contractors, and membership on the board of directors of the Mosquito Abatement and Vector Control Districts. City Council Minutes June 20, 1995 Page 6 Lois Larue spoke in opposition to the proposed land movement resolution. After a brief discussion, it was the consensus that because the matter did not have enough statewide interest that the resolution regarding membership on the Mosquito Abatement Vector Control Districts be submitted to our local legislators for submittal as special legislation. Councilman MCTaggart moved, seconded by Councilwoman Lyon to adopt Resol. No. 95 -64 relating to immunity for building and safety officials who are independent contractors and Resol. No. 95 -65 relating to residential care facilities. The motion carried. SANTA MONICA BAY WATERSHED COUNCIL (306 X 1101) Administrative Analyst Otto presented the staff memorandum of June 20 and the recommendation that if the Council wished they should appoint a member and alternate to serve on the Santa Monica Bay Watershed Council. After a brief discussion of the potential effect this project might have on the City, it was the consensus that Councilwoman Brooks would represent the City at this organization and that Mayor Pro Tem Lyon be the alternate. LADERA LINDA HOURS OF OPERATION (1201) Mayor Byrd spoke to the report of June 20, and the recommendation that unless a volunteer group is found to lock the Ladera Linda Community Center gate at dusk each day, that it would be necessary to increase the hours of City staffing at the park. Charles Agnew, 32261 Phantom Drive, said it was important for the gate at the park to be locked at night and opened early in the morning. Continuing, he reported that the residents of the neighborhood were concerned about the illegal activity that was taking place along Paseo Del Mar and that it might spread to the Ladera Linda Community Park. He requested access to a key so somebody in his neighborhood could open the gate by 7:00 a.m. Council discussion focused on requesting the sheriff to lock the park gate at night and installing a double lock so a person from the neighborhood could open it in the morning. It was the consensus to accept the Ladera Linda Homeowners Association's offer to open the gate in the morning and that staff should explore the idea of having the Sheriff close the gates at night. ABALONE COVE BEACH IMPROVEMENTS (1201) Administrative Analyst Butts presented the June 20 staff report and the recommendation to provide direction to staff should Council wish to take any action on improved access at Abalone Cove Beach. Council discussion centered on the shabby conditions of this park and it was the consensus to form an ad hoc committee of Mayor Byrd and Mayor Pro Tem Lyon to study the application process to determine if Measure "A" funds could be used to upgrade this park. PENINSULA RACQUET CLUB TENNIS COURTS (1101 X 1201) Mayor Byrd reported on the lack of success in discussing the City's acquisition of the land currently leased by the Peninsula Racquet Club from the Salvation Army. Additionally, he recommended that the Council Ad Hoc Tennis Committee be disbanded. City Council Minutes June 20, 1995 Page 7 Council then briefly discussed the letter from the Racquet Club indicating their continued interest in working with the City to get a tennis court, however, it was the consensus that their suggestion that the City consider condemnation powers would be considered an extreme measure. It was agreed that the Tennis Ad Hoc Committee (Byrd and Lyon) should not be disbanded but rather should meet on an as needed basis. RESIGNATION OF RECREATION & PARK COMMITTEE MEMBER ALAN WEISSMAN ( 301 X 1201) City Clerk Purcell presented the staff report of June 20 and the recommendation that Council either instruct the City Clerk to start the recruitment process to fill this vacancy; or leave the position vacant until January 1996. Lois Larue said she has known Mr. Weissman for years. Councilwoman Lyon moved, seconded by Councilman McTaggart to accept with regret Mr. Weissman's resignation and to leave the position vacant until January 1996. Motion carried. Responding to the Mayor's call for audience comments for items not on the agenda was Lois Larue who described her inspection of the drainage pipe and inquired of the graded road at Sacred Cove. Public Works Director Pulliam explained that the road was for temporary access to the beach to enable drilling equipment to obtain landslide core samples for the Army Corps' feasibility study. Adjournment: At 9:50 P.M. Councilman McTaggart requested that the meeting be adjourned in honor of Millie Lucas, a long time friend and resident of Palos Verdes Estates. MAYOR ATTEST: CI CLERK a6 95CCm JUNE 2095 CC mins City Council Minutes June 20, 1995 Page 8