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CC MINS 19950801M I N U T E S REGULAR MEETING RANCHO PALOS VERDES CITY COIINCIL AUGUST It 1995 The meeting was called to order at 6:45 P.M. at the Hesse Park Community Center, 29301 Hawthorne Boulevard by Mayor Byrd and immediately recessed to a closed session. At 7:00 P.M. Mayor Byrd reconvened the meeting. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: LYON, McTAGGART & MAYOR BYRD ABSENT: BROOKS Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, Planning Director Bret Bernard, Public Works Director Trent Pulliam, Administrative Analyst Rick Otto, Finance Director Brent Mattingly, City Clerk Jo Purcell, and City Attorney Carol Lynch. CEREMONIAL EVENT: (304 X 1101) Mayor Byrd presented Safety Committee Chair Terry Silverman with the President's Award from the Southern California Joint Powers Insurance Authority in recognition of the City's excellence in Workers Compensation Risk Management. APPROVAL OF AGENDA: The City Clerk reported that several items had been continued to August 15: Neighborhood Watch; Backyard Composting Program; Source Reduction and Recycling and Public Works Consulting Services Agreement. Additionally, at the request of Councilwoman Lyon, the proposed resolution for the Marriott Senior Lifecare Facility was moved to be discussed after adoption of the Consent Calendar. The remainder of the Consent Calendar was approved as follows on motion of Councilman McTaggart, seconded by Councilwoman Lyon. WAIVER OF READING: Adopted a motion to waive full reading of all resolutions at the meeting with consent to the waiver of reading deemed to be given by all councilmembers after the reading of the title. EXTENSION OF CONTRACT ALL CITY MANAGEMENT (1101 X 1401) Authorized the Mayor and City Clerk to execute an amendment to the agreement with All City Management, Inc. for an amount not to exceed $ to provide crossing guard services at Miraleste Intermediate School for the 1995 -96 school year. INVESTMENT POLICY FOR FISCAL YEAR 1995 -96 (602) Adopted the proposed investment policy for the 1995-96 fiscal year, RESOL. NO. 95 -76 — REGISTER OF DEMANDS (602) ADOPTED RESOL, NO, 95 -76 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. SIDEWALK REPAIR PROGRAM - ACCEPTANCE OF IMPROVEMENTS (1204 x 1405) (1) Accepted the work as complete. (2) Authorized the City Clerk to file a Notice of Completion and, upon the posting of acceptable security, notify the surety company to exonerate the payment and performance bonds 35 days after the notice has been recorded by the county recorder, ( 3 ) Authorized the Finance Director to release the retention if no claims are filed against the contractor within the 35 day period. RESOL. NO. 95 -77 - SILVER SPUR UNDERGROUNDING (901 x 1204) ADOPTED RESOL. NO. 95 -77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOL. NOS. 95 -04, 95 -28 AND 95 -57 IN CONNECTION WITH THE FORMATION OF THE SILVER SPUR UNDERGROUNDING DISTRICT TO ALLOW ADDITIONAL TIME FOR FUNDING. STP TRANSPORTATION PROJECT - BUDGET ADJUSTMENT (1204 x 1505) Approved combining the two currently budgeted STP street resurfacing projects on Palos Verdes Drive East to be administrated, designed, and constructed as one project from Ganado to Miraleste. The motion to approve the consent calendar carried on the following roll call vote: AYES: LYON, McTAGGART & BYRD NOES: NONE ABSENT: BROOKS RESOL. NO. 95 -78 - UPHOLDING APPEAL OF CUP NO. 131 (MARRIOTT LIFECARE FACILITY) (12 03 X 1804 ) RESOLUTION NO. 95 -78 OF THE CITY OF RANCHO PALOS VERDES UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S GRANTING OF A ONE -YEAR EXTENSION REQUEST FOR CONDITIONAL USE PERMIT NO. 131, VARIANCE NO. CITY COUNCIL MINUTES AUGUST 1, 1995 PAGE 2 182, AND GRADING PERMIT NO. 1066 FOR A RESIDENTIAL CARE FACILITY LOCATED AT THE INTERSECTION OF CRENSHAW BOULEVARD AND CRESTRIDGE ROAD was introduced by title and adopted on motion of Councilman McTaggart, seconded by Mayor Byrd and carried on the following roll call vote: AYES: MCTAGGART & MAYOR BYRD NOES: LYON ABSENT: BROOKS GOLF COURSE FEASIBILITY STUDY (1101 8 1201) City Manager Bussey summarized his August 1 memorandum on the request from York Long Point Associates (letter of June 26, 1995) to share funding of a golf course feasibility study, the cost of which was $24,500. - Staff recommended that the City approve the expenditure from the budgeted contingency account for approximately one -third the cost of this study not to exceed $8,500. Speaking in favor of the City's participation in this study were the following persons: James O'Malley, Representing York Long Point Associates, who related his attendance at two of the Ad Hoc Committee meetings where the basic economic component of the study was discussed; Juan Forteza, 4021 Via Larga Vista, Palos Verdes Estates; and, Ken McNeill, 32735 Seagate Drive. They commented on the revenue source and beautification aspects of developing a golf course. Opposing this study were the following persons: Lois Larue, 3136 Barkentine Road; Richard Bara, 1 Peppertree; and Bill Kelly, 6611 Vallon Drive. The concerns of these residents centered on the expenditure of City funds for this private development; the protection of habitat; and, the fact that the golf course will be used by just a small percentage of the public. Council concerns and inquiries focused on the breadth of the feasibility study and the properties and proposed uses that would be included. It was suggested that the landowner should provide information on proposed land uses on the remaining portions of the property prior to the City participating in a golf feasibility study. Additionally, the use of public funds on this study was another concern, however it was argued that City participation in this study could be viewed as an investment in the use of City property and need not wait until all othr proposed land uses were known. Mayor Byrd moved, seconded by Councilman McTaggart to not fund the feasibility study. The motion carried on the following roll call vote: CITY COUNCIL MINUTES AUGUST 1, 19 9 5 PAGE 3 AYES: McTAGGART & MAYOR BYRD NOES: LYON ABSENT: BROOKS CURB RAMPS CITYWIDE (1101 X 601) City Manager Bussey presented the August 1 staff report and the recommendation to request changes in the American Disabilities Act to allow cities more flexibility in determining where curb ramps should be installed. Reviewing the Council's July 5 request that the City Attorney provide information on whether the City would have any liability resulting from the installation of these ramps, he then referred to the City Attorney's July 26, 1995 opinion which stated that it was ". .likely that the City would be immune from liability for any injury which might be created by the installation of curb ramps, provided that the City constructs such ramps in compliance with applicable design standards." Lois Larue said that ramps were important. A brief Council discussion ensued where it was stressed that common sense should prevail in the installation of these ramps and that such things as steep grades should be taken into consideration. Councilwoman Lyon moved, seconded by Councilman McTaggart to approve the staff recommendation. Motion carried. CITY COUNCIL POLICY MANUAL (306 x 1101) City Manager Bussey presented the staff report of August 1 and the recommendation that Council adopt City Council Policy No. 29 which provides for City Council legislative activities. Lois Larue stated opposition to this policy. Councilman McTaggart moved, seconded by Councilwoman Lyon to approve the proposed policy. Motion carried. COMMUNITY LEADERS' BREAKFAST (305 X 1101) Administrative Analyst Rick Otto presented the August 1 staff report and the recommendation that Council review the Community Leaders' breakfast guest list and direct staff to make any appropriate changes to the list. Councilwoman Lyon suggested that a new category be added that would include past City Council candidates and the most applicants for City commissions and committees. Lois Larue, suggested that the list be expanded to include other CITY COUNCIL MINUTES AUGUST 1, 1995 PAGE 4 people. DATE FOR CITY COUNCIL WORK SESSION (307 X 1101) Council set Wednesday, August 23 at 3:00 P.M. as the date and time to hold a work session to discuss the public and private sector compensation study. SCJPIA - MEMBERSHIP FOR THE CITY OF PALM DESERT (306 X 1101) Councilman McTaggart reported on the application of the City of Palm Desert for membership in the Southern California Joint Powers Insurance Authority and moved that the City support the application. Motion was seconded by Councilwoman Lyon and carried. MTA - TRANSFER OF $75 MILLION TO L. A. COUNTY (306 X 1101) Referring to the July 30 letter received from the E1 Segundo Employers Association stating their opposition to the proposed legislation that would permit the annual transfer of $75M of transportation funds for five years to the County of Los Angeles to ease their fiscal crisis, Mayor Byrd explained the possible negative effect this would have on funding of PV Transit. Councilwoman Lyon moved, seconded by Councilman McTaggart to write a letter to the Governor asking him not to sign this proposed legislation; also, request the Peninsula Transportation Authority send a similar letter and that a letter be sent to the County supervisors requesting that they not use these transportation funds for solving the County's fiscal crises. Motion carried. REPORT ON CLOSED SESSION: City Attorney Lynch reported that the City Council had met in closed session and discussed the case of Hunt vs. the City and that the Council voted unanimously to decline any Offer of mediation. AUDIENCE COMMENT: Lois Larue reported on her survey of the RDA board of directors. ADJOURNMENT: At 8:30 P.M. the meeting adjourned on motion of Councilwoman Lyon. MAYOR AT ST: CITY CLERK a:&195CCM AUG 1 95 CC MINS CITY COUNCIL MINUTES AUGUST 1, 1995 PAGE 5