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CC MINS 19940608M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING 8, 1994 The meeting was called to order at 6:00 P.M. by Mayor Kuykendall at the Hesse Park Community Center, 29301 Hawthorne Boulevard and was immediately recessed to a closed session to discuss the items outlined in the Closed Session Agenda Checklist. At 7:00 P.M. Mayor Kuykendall reconvened the meeting. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL ABSENT: NONE Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, Planning Director Bret Bernard, Public Works Director Trent Pulliam, Finance Director Brent Mattingly, City Clerk Jo Purcell, and City Attorney Carol Lynch-, CEREMONIAL EVENT: CITIZEN OF THE MONTH - SANDY STAGER (304) Mayor Kuykendall presented a Certificate of Recognition to Sandy Stager for her community involvement. In particular, Ms. Stager was honored for her co- chairing the live portion of the Main Event sponsored by Peninsula Education Foundation, for being a hard working chair of the RPV 20th Anniversary Merchandising Subcommittee, her work as a docent at the Pt. Vicente Interpretative Center and for her work with the Peninsula Junior Women's Club and the Peninsula Couples Club, Councilwoman Lyon presented flowers to Councilmembers Kuykendall and Brooks in recognition of their winning their respective races in the primary election for the State Assembly and Congressional offices. APPROVAL OF AGENDA Councilwoman Brooks moved, seconded by Councilman Byrd, to approve the agenda. Motion carried. APPROVAL OF CONSENT CALENDAR Lois Larue, 3136 Barkentine Road, spoke to the following items: the minutes, the Planning Commission's determination that the Capital Improvements Program is consistent with the General Plan, Improvement District No. 7, Inspection Services for the Resurfacing Project, Inspection Services for the Sidewalk Repair Program, Street Resurfacing Contract, Silver Spur Road Reconstruction Project, Geotechnical Inspection Services for Silver Spur, and the Contract for the Ladera Linda Hardcourt Resurfacing. The item pertaining to the contract for the Ladera Linda Hardcourt Resurfacing was removed from the Consent Calendar at the request of Councilwoman Lyon with said matter to be discussed later in the agenda. Councilman McTaggart moved, seconded by Councilwoman Brooks, to approve the amended 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 APPROVED THE MINUTES OF APRIL 19 REGULAR MEETING, MAY 14 ADJOURNED REGULAR MEETING, MAY 16 ADJOURNED MEETING, AND MAY 17 REGULAR MEETING. ORDINANCE NO. 299 - COUNCIL MEETING - SCHEDULE (307) ADOPTED ORDINANCE NO. 299 AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE TO ELIMINATE THE FIFTH TUESDAY OF THE MONTH AS A REGULAR COUNCIL MEETING DAY. CAPITAL IMPROVEMENT PROGRAM - PLANNING COMMISSION CONFIRMATION (602 x 1203 x 1204) ORDERED RECEIVED AND FILED THE CONFIRMATION THAT THE PLANNING COMMISSION'S DETERMINATION THAT THE CITY'S FISCAL YEAR 1994 -95 CAPITAL IMPROVEMENTS PROGRAM (CIP) IS CONSISTENT WITH THE GENERAL PLAN. RESOL. NO. 94 -41 - ABANDONMENT OF SEACOVE UNDERGROUNDING DISTRICT (90 1 X 1204) ADOPTED RESOLUTION NO. 94 -41 REPEALING RESOLUTION NO. 86 -71 AND ORDERING THE ABANDONMENT OF IMPROVEMENT DISTRICT NO. 7. RESURFACING PROJECTS - INSPECTION SERVICES (1204 X 1404) (1) AWARDED THE CONTRACT FOR PROFESSIONAL INSPECTION SERVICES FOR PARKHURST DRIVE, NEWRIDGE DRIVE, STARLINE DRIVE AND PALOS VERDES DRIVE EAST TO BSI CONSULTANTS, INC. ON A TIME AND MATERIAL BASIS FOR A NOT TO EXCEED AMOUNT OF $24,000 AND AUTHORIZE STAFF TO SPEND UP TO AN ADDITIONAL $2,400 FOR EXTRA WORK. (2) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BSI CONSULTANTS IN ACCORDANCE WITH THE REQUEST FOR PROPOSAL DATED MAY 3, 1994 AND FEE SCHEDULE DATED MAY 3, 1992. SIDEWALK REPAIR PROGRAM INSPECTION SERVICES - FISCAL YEAR 1993 -94 (1204 X 1405) (1) AWARDED THE CONTRACT FOR PROFESSIONAL INSPECTION SERVICES FOR FISCAL YEAR 1993 -94 SIDEWALK REPAIR PROGRAM PROJECT TO W.R.G. & ASSOCIATES ON A TIME AND MATERIAL BASIS FOR AN AMOUNT NOT TO EXCEED $5,000; PLUS AUTHORIZE STAFF TO SPEND UP TO AN ADDITIONAL $500 FOR EXTRA WORK, ( 2 ) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH W.R.G. & ASSOCIATES IN ACCORDANCE WITH THE PROPOSAL DATED MAY 8, 1994. STREET RESURFACING - P.V. DR. EAST (1204 X 1404) (1) AWARDED THE STREET RESURFACING FOR PALOS VERDES DRIVE EAST (NORTH CITY LIMIT TO COLT ROAD) CONTRACT TO SULLY - MILLER CONTRACTING FOR $279,905.75 AND AUTHORIZED STAFF TO SPEND UP TO AN ADDITIONAL $14,000 FOR CONTINGENCIES FOR A TOTAL AUTHORIZATION NOT TO EXCEED $293,905.75. (2) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH SULLY MILLER CONTRACTING COMPANY. CITY COUNCIL MINUTES JUNE 8, 1994 PAGE 2 SILVER SPUR RECONSTRUCTION - INSPECTION SERVICES (1204 X 1404) (1) AWARDED THE CONTRACT FOR PROFESSIONAL INSPECTION SERVICES FOR SILVER SPUR ROAD PROJECT TO BSI CONSULTANTS, INC., ON A TIME AND MATERIAL BASIS FOR AN AMOUNT NOT TO EXCEED $21,600 AND AUTHORIZED STAFF TO SPEND UP TO AN ADDITIONAL $2,160 FOR EXTRA WORK. (2) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BSI CONSULTANTS IN ACCORDANCE WITH THE REQUEST FOR PROPOSAL DATED MAY 19, 1994 AND FEE SCHEDULE DATED MAY 31 1992. SILVER SPUR RECONSTRUCTION - GEOTECHNICAL INSPECTION SERVICES (1204 X 1404) (1) AWARDED THE CONTRACT FOR GEOTECHNICAL INSPECTION SERVICES FOR THE SILVER SPUR ROAD PROJECT TO A.G.I. GEOTECHNICAL, INC. ON A TIME AND MATERIALS BASIS NOT TO EXCEED THE AMOUNT OF $7,500 AND AUTHORIZED STAFF UP TO AN ADDITIONAL $750 FOR EXTRA WORK. ( 2 ) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH A.G.I. GEOTECHNICAL, INC. IN ACCORDANCE WITH THE REQUEST FOR PROPOSAL DATED MAY 16, 1994 AND A.G.I. GEOTECHNICAL'S SCHEDULE OF CHARGES DATED MAY 1992. REGISTER OF DEMANDS (602) ADOPTED RESOL. NO. 94 -42 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, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE ABSENT: NONE ABSTAIN: BROOKS & BYRD ON THE MINUTES OF MAY 141 1994. RECYCLE DRAWING: Palos Verdes Peninsula News Reporter Ken Huthmaker drew a card for the winner of recycling drawing for the month of June. That winner will be announced at the June 21, 1994 meeting. TAPER AVENUE HOUSING (305 x 1101) Mayor Kuykendall presented his June 8, 1994 report and the recommendation to authorize the Community Reuse Committee Chair Doane Liu make a presentation regarding the status of the Taper Avenue Navy Housing. Mr. Liu gave a brief status update on the application submitted by Turner Technical Institute for use of the excess Navy housing located on Taper Avenue. He said that the Community Reuse Committee has been expanded to 35 members and that six or seven of those members are from the City of Rancho Palos Verdes. The Committee has been very successful in two major areas: getting the Department of Health and Human Services to review the Turner application; and in pursuing the fact that the property had been mistakenly declared suitable in spite of its proximity to fuel tanks. Because of this discovery the original determination of the site's suitability is now under review by HUD. Continuing with his report, Mr. Liu said that there were three possible outcomes: the site could be determined to be unsuitable; regulations could be waived and CITY COUNCIL MINUTES JUNE 8, 1994 PAGE 3 the determination made by HUD that the property is suitable; or, a compromise could be reached which will result in drawing a 2,000 ft. radius of the tanks where HUD may determine property to be within 2,000 limitation to be unsuitable and allow the housing in that area which falls outside of the radius. Council then inquired if the Reuse Committee had any subcommittee working on the possible disposal and surplusing of other military sites in the San Pedro area, if the Committee knew when a decision would be made about this site, if Congresswoman Harman is willing to support any of the suggested amendments to the McKinney Act; and, if the Congresswoman would be writing letters to the involved committees to pursue the wishes of the community. It was the consensus of Council that staff should draft letters to be sent to Secretaries Cisneros and Shalala regarding the above concerns and to Congresswoman Harman requesting her help in getting the requested amendments to the McKinney Act. PUBLIC HEARINGS: RESOL, NO. 94 -43 - DELINQUENT REFUSE ACCOUNTS (60 2 x 1301). Mayor Kuykendall opened this public hearing for the purpose of hearing protests relating to the imposition of liens on real property and the inclusion of past - due accounts on the property tax roll for collection in cases where the refuse (trash) collection fees had become delinquent. City Clerk Purcell reported that notice of this public hearing had been duly published and that no written protests had been received by the City. Finance Director Mattingly presented the staff report of June 8, 1994 and the recommendation to (1) CONDUCT THE PUBLIC HEARING. (2) ADOPT THE PROPOSED RESOLUTION ORDERING THE PLACEMENT OF LIENS ON REAL PROPERTY AND THE PLACEMENT OF CHARGES ON THE PROPERTY TAX BILL FOR COLLECTION AND SETTLEMENT OF DELINQUENT REFUSE ACCOUNTS. (3) DIRECT STAFF TO SUBMIT DELINQUENT ACCOUNTS THAT HAVE NOT BEEN PAID BY JUNE 30, 1994 TO THE L. A. COUNTY AUDITOR /CONTROLLER FOR INCLUSION ON THE 1994 -95 TAX ROLL, AS WELL AS IMPOSE LIENS ON SAID PROPERTIES WITH THE L. A. COUNTY RECORDER. Lois Larue, 3136 Barkentine Rd. inquired when the Council decided to make this change. Mr. Shan Y. Yu, 1716 Dalton Road, owner of rental property within the City said that his tenant did not pay the rent nor the trash bill. He questioned why the tenant was not responsible for payment of the trash and why he as the owner of the property had not been informed earlier. Finance Officer Mattingly explained the present process whereby at the end of each calendar year the refuse collection companies send delinquent notices to the property owner and the tenant. Additionally, he said that the City's ordinance does specify that the property owner is ultimately responsible for the bill. Severino Grossi, 30338 Via Rivera, said he has never received a bill and that he never puts trash out because he disposes his own refuse. He questioned why the bill was still being sent to the previous owner of the property. There being no further response to the Mayor's call for public testimony, Councilman Byrd moved, seconded by Councilwoman Lyon to close the public hearing. Motion carried. CITY COUNCIL MINUTES JUNE 81 1994 PAGE 4 Councilman Byrd moved, seconded by Councilwoman Lyon to request that staff investigate these two cases where the owners were not sent notification by the refuse companies and any other cases that the City becomes aware of ; if there is evidence that the property owners were not properly notified as required by City regulations then those names be taken off the delinquent list. Motion carried. Councilman Byrd moved, seconded by Councilman McTaggart to adopt Resol No. 94 -43 ORDERING THE PLACEMENT OF LIENS ON REAL PROPERTY AND THE PLACEMENT OF CHARGES ON THE PROPERTY TAX BILL FOR COLLECTION AND SETTLEMENT OF DELINQUENT REFUSE ACCOUNTS. Motion carried. CITY OPERATING BUDGET - FISCAL YEAR 1994 -95 (602 x 1101) Mayor Kuykendall opened the public hearing to consider the proposed City Operating and Capital Improvement Budget for the Fiscal Year beginning July 1, 1994. City Clerk Purcell reported that notice of this public hearing had been duly published and that no written protests had been received by the City. City Manager Bussey presented the staff report of June 8, 1994 and the recommendation that after making any further additions or deletions to the budget, that staff be directed to prepare a resolution adopting the 1994 -95 fiscal year budget for consideration at the June 21, 1994 City Council meeting. Don Swartz, 2038 Daladier Drive, questioned lowering the assessment on the landscaping district and suggested that it might give the appearance that the Council was on a roller coaster with that tax. He urged the. Council to make a City contribution to cover any increase in the Daladier Utility Undergrounding District. Elaine Shallenberger, 2214 Daladier, member of Kingsview Homeowners Association, requested support for Mr. Swartz's suggestion of the City making a contribution to the District. Frieda Sliskovich, 2041 Daladier Drive, also requested support for the district. There being no response to the Mayor's call for additional public testimony he moved the hearing closed. Motion seconded by Councilman McTaggart. Motion carried. Council discussion centered on the following: whether staff preferred lowering the lighting district assessment over the utility user tax; how much of a contribution could be made by the City towards installing the main sewer line to the 29 lots in the slide area, the amount of revenue the City can expect to get from the utility tax; how changing the Landscaping & Maintenance District assessments now could result in an expensive renotification process later; the status of the Ocean Trails development project which affects when reconstruction of Palos Verdes Drive South; and, how much could be set in reserve for an economic development program. Councilman Byrd moved the following: that $500,000 be reserved for possible lowering of the Utility User Tax and that its disposition be discussed at the first meeting in November; that another $100,000 be allocated to the street overlay program; $200,000 be reserved for possible repairs to Palos Verdes Drive South and to review that matter toward the end of year to determine the status of the Ocean Trails project; appropriate $25,000 to help with business development; and, further, that the $200,000 reserved for Palos Verdes Drive South be used as additional money at the rate of $100,000 per year for the street overlay program in the two succeeding years in the event the developer's money comes in for repair of that road. The motion was seconded by Councilman McTaggart CITY COUNCIL MINUTES JUNE 8, 1994 PAGE 5 and carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE RECESS: At 8:40 P.M. Mayor Kuykendall declared a recess. The meeting reconvened at 8:46 P.M. Audience Comments for items not on the agenda: Lois Larue, 3136 Barkentine Road, spoke to a number of items: A Report to the Citizen Stockholder from the City of Redondo Beach, adopt -a -road signs and the sign at Wayfarers Chapel. Scott Gobble, speaking for the Palos Verdes Chamber of Commerce, invited the City Council to attend the opening of the new Chamber Offices on June 23 at 5:00 P . M. RESOL. N09 94 -44 - CITYWIDE LANDSCAPING & LIGHTING MAINTENANCE DISTRICT (901 x 1204) Mayor Kuykendall opened the public hearing on the proposed levying and collection of assessments for the Citywide Landscaping and Lighting Maintenance District for Fiscal Year 1994 -95. City Clerk Purcell reported that notice had been published in accordance with law and that no written protests had been received by the City. Public Works Director Pulliam presented the staff report of June 8, 1994 and the recommendation to: (1) CONDUCT THE PUBLIC HEARING ON THE PROPOSED LEVY AND COLLECTION OF ASSESSMENTS WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 1994 -95 AND THE ENGINEER'S REPORT PREPARED IN CONNECTION THEREWITH. (2) ADOPT THE PROPOSED RESOLUTION CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 1994 -95 FISCAL YEAR IN CONNECTION WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE.DISTRICT. (3) AUTHORIZE AND DIRECT 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 1994 -95 FISCAL YEAR SECURED TAX ROLL. He reported that an error had been made in the assessment for property located at 2625 Colt Road and that said error would be corrected. He stated that the assessments would be further reviewed for any other possible errors. Speaking against the assessment district was Warren Sweetnam, i Top Rail Lane, President of Rocking Horse Road. Assoc., who complained that the law used to establish this district specifically required that the benefits be proportional to the assessment and that the engineer's report had not made a real effort to do that. He said the City had four districts def ined by access roads: Hawthorne Boulevard, Palos Verdes Drives South and East, and Western Ave., and that landscaping of these districts has no effect on the other districts. He suggested that the Council get rid of this district and if necessary to reinstate it that it be done by a vote of the people, Dan Bowling, 2625 Colt Road, questioned the assessment on vacant property owned by him. However, he had no objection to the $50 assessment on his residence. He then alluded to legislation restricting the levying of special taxes. Staff confirmed that there had been an error made in the assessment on Mr. Bowling's property and that said error would be corrected in the Engineer's Report and on the Assessor's tax roll. Lois Larue, 3136 Barkentine, spoke in opposition to this district. CITY COUNCIL MINUTES JUNE 81 1994 PAGE 6 To facilitate the correction on Mr. Bowling's property, City Attorney Lynch summarized the changes to the proposed resolution confirming the diagram and assessment for this district. There being no response to the Mayor's call for additional public testimony, Councilman Byrd moved, seconded by Councilman McTaggart to close the public hearing. Motion carried. Councilman Byrd moved, seconded by Councilman McTaggart to adopt as amended RESOL NO. 94 -44 CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 1994 -95 FISCAL YEAR IN CONNECTION WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE. The motion carried on the following roll call vote: AYES: BYRD, McTAGGART & MAYOR KUYKENDALL NOES: LYON & BROOKS ORDINANCE NO. 300 - REFUSE BILLING ( 601 x 1301) Councilman McTaggart moved, seconded by Mayor Kuykendall to waive the staff report. Motion carried. The staff recommendation as outlined on the June 8 memorandum was to: (1) INTRODUCE THE ORDINANCE REGARDING THE COLLECTION OF SOLID WASTE AND RECYCLABLES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. (2) REVISE THE FRANCHISE AGREEMENTS WITH WASTE MANAGEMENT AND IVY RUBBISH DISPOSAL TO PROVIDE FOR THE REVISED COLLECTION PROCEDURES. Councilman McTaggart moved, seconded by Mayor Kuykendall to revise the Franchise Agreements with Waste Management and Ivy Rubbish. Motion carried. Councilman McTaggart, moved seconded by Mayor Kuykendall to INTRODUCE ORDINANCE NO. 300 REGARDING THE COLLECTION OF SOLID WASTE AND RECYCLABLES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. The motion carried on the following roll call vote: AYES: Byrd, McTaggart, Lyon, Brooks & Mayor Kuykendall NOES: NONE JULY FOURTH CELEBRATION (1201) Recreation & Parks Administrator Rosenfeld presented the staff report of June 8, 1994 and the recommendation to discuss the upcoming July Fourth celebration with Mark Conte and approve the Recreation & Parks Committee's recommendation to charge $2.00 per car for on -site parking. Council inquired if the parking fee would be charged to those individuals working at the booths. Mr. Mark Conte of Mark Conte Productions said that everybody who is part of the show will be given a pass to put in their car and that they are going to persuade the general public to park on site. He said that BFI is one of the event's major sponsors and they will also be providing sanitation support services. This year there will be more childrens' rides, more crafters and he felt that this year's celebration would be quite successful. Responding to the question of whether he discussed with the R &P Committee expanding the celebration to two days, he explained that since July 4th is on a CITY COUNCIL MINUTES JUNE 8, 1994 PAGE 7 Monday this year that he did not want to compete with other two -day events going on in the South Bay area. He felt it was much better to stay with a one -day event this year. He said that he has booked a zydeco party band which will bring high energy to event; also, there will be six different types of food and a beer booth. Councilwoman Lyon moved, seconded by Councilman McTaggart to approve the Recreation and Parks Committee's recommendation to charge $2.00 per car for on- site parking. Motion carried. CITY COUNCIL AND R & P COMMITTEE ( 307 x 1201) , . Recreation & Parks Administrator Rosenfeld presented the staff report of June 8, 1994 and the recommendation to select a July date for a joint workshop with the Recreation & Parks Committee to discuss Measure "A" recommendations. It was the consensus of Council to meet with the Recreation & Parks Committee on Monday July 11, 1994 at Hesse Park. ITEM REMOVED FROM THE CONSENT CALENDAR: LADERA LINDA - HARDCOURT RESURFACING (1201) Responding to Council's inquiry staff reported that this project was considered rehabilitation and that Quimby funds could be used for that purpose. Councilman McTaggart moved, seconded by Mayor Kuykendall to (1) AWARD THE CONTRACT FOR THE LADERA LINDA HARDCOURT RESURFACING TO HARDY & HARPER, INC. FOR AN AMOUNT NOT TO EXCEED $21,706, AND AUTHORIZE AN ADDITIONAL $1,100 FOR CONTINGENCIES, and ( 2 ) AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE CITY. The motion carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE REPORT ON CLOSED SESSION: City Attorney Lynch reported that a closed session had been held and Council discussed pending litigation arising out of construction of a home and allegations of negligent inspection of construction. Said case was entitled Baer v. J. R. Development Co. et al., YC014025. She said that the City Council decided to defend and indemnify Winston Ward, the building official, but had decided not to indemnify and defend Charles Abbott & Associates. The vote on that decision was unanimous. ADJOURNMENT: At 9 :30 P.M. the meeting McTaggart. ATTEST: C CCM JUNE 8 94 CC MINS adjourned on motion of Councilman YOR CITY COUNCIL MINUTES JUNE 8, 1994 PAGE 8