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CC MINS 19940621M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JUNE 21, 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 hold a performance review on the City Manager. The meeting reconvened was at 7:00 P.M. by Mayor Kuykendall and following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BYRD, McTAGGART, LYON, BROOKS AND 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. APPROVAL OF AGENDA: Councilman McTaggart moved, seconded by Councilman Byrd, to approve the agenda. Motion carried. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine, spoke in opposition to certain aspects of the investment policy and questioned why the City did not use local banks for investments; she also stated her opposition to the loan agreement between the City and the RDA and questioned the - interest rate of same. Councilman Byrd moved, seconded by Councilman McTaggart, to approve the Consent Calendar as follows: City Attorney Lynch stated that it was the recommendation of the firm's banking specialists to deal only with those institutions that do business with the Federal Reserve because they provide low risk and conservative investments. Recently, however, the recommendation has been to remove Union Bank from the policy and replace it with Wells Fargo. With regard to investing in banks, staff reported that the City has not invested in banks for over the past ten years and does plan on doing any business with banks for the foreseeable future; City investments are with the State pool which has the least amount of risk and the best return. Concerning the amount of interest on the loan to the RDA, Finance Director Mattingly stated that two years ago the interest rate on the loans to the RDA was set at 10 %; that has now been reduced to 7.25% and each year the loans are consolidated as part of the loan document. Mayor Kuykendall moved, seconded by Councilwoman Brooks to remove Union Bank from the policy and replace it with Wells Fargo. Motion carried. At the request of Council, the following contracts were removed from the Consent Calendar to be discussed later in the agenda: Parks & Median Landscape Maintenance, Custodial Maintenance, Right -of -Way Weed Control, Street Sweeping, Traffic Striping & Pavement Marking, Silver Spur Road Median Landscape Improvements, Mitigation Monitoring Program for Salvation Army Project and Extension to Commercial Refuse and Collection Agreement with Angelus- Hudson. WAIVER OF FULL READING Adopted a motion to waive full reading 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 June 2 and June 8, 1994. INVESTMENT POLICY - FISCAL YEAR 1994 -95 (602) Adopted the proposed investment policy as amended for the City of Rancho Palos Verdes for 1994 -95 fiscal year. LEGISLATIVE ACTIVITIES (306 X 1101) (1) JOINED THE LEAGUE OF CALIFORNIA CITIES IN OPPOSING AB2876 (BURTON) WHICH PROPOSES TO PRE -EMPT LOCAL CONTROL OF ALARM SYSTEMS. (2) JOINED THE LEAGUE OF CALIFORNIA CITIES IN SUPPORTING AB3701 (FERGUSON) WHICH PROPOSES TO EXTEND LOCAL GOVERNMENT BEACH IMMUNITY TO UNIMPROVED PUBLIC PROPERTY. (3) JOINED THE LEAGUE OF CALIFORNIA CITIES IN SUPPORTING THE EFFORTS OF REPRESENTATIVE PETE STARK TO AMEND HR 3636 THE TELECOMMUNICAION INFORMATION SUPERHIGHWAY LEGISLATION TO INCLUDE LOCAL GOVERNMENT FRANCHISING AUTHORITY OVER THE TELEPHONE COMPANIES PROVIDING CABLE SERVICES. RDA LOAN AGREEMENT - FY 1994 -95 (602 X 1900) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE THE LOAN AGREEMENT TO FUND REDEVELOPMENT AGENCY ACTIVITIES IN FISCAL YEAR 1994 -95 FOR THE PORTUGUESE BEND RDA FUND. (THIS PROPOSED LOAN WILL FUND RDA ACTIVITIES IN THE AMOUNT OF $300,000 IN FY 1994 -95.) ORDINANCE NO. 300 - REVISIONS TO BILLING PROCEDURES - REFUSE DISPOSAL & FRANCHISE AGREEMENT ( 602 X 1301) (1) ADOPTED ORDINANCE NO. 300 REGARDING THE COLLECTION OF SOLID WASTE AND RECYCLABLES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. (THIS ORDINANCE WAS INTRODUCED AT THE JUNE 8 MEETING.) (2) APPROVED THE THIRD AMENDMENT TO THE WASTE MANAGEMENT OF CALIFORNIA, INC. FRANCHISE AGREEMENT TO PROVIDE FOR THE REVISED BILLING PROCEDURES AND TO AMEND THE HOLIDAY COLLECTION SECTION MAKING IT CONSISTENT WITH THE MUNICIPAL CODE. (3) APPROVED THE THIRD AMENDMENT TO THE IVY RUBBISH DISPOSAL FRANCHISE AGREEMENT TO PROVIDE FOR THE REVISED COLLECTION PROCEDURE. RESOL, NO. 94 -45 - REGISTER OF DEMANDS (602) ADOPTED RESOL. NO. 94 -450 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: NONE CITY COUNCIL MINUTES JUNE 21, 1994 PAGE 2 RESOL. NOS. 94 -46 & 94 -47 - FISCAL YEAR 1994 -95 BUDGET (602) CITY MANAGER BUSSEY PRESENTED THE STAFF MEMORANDUM OF JUNE 21 AND THE RECOMMENDATION TO ADOPT THE PROPOSED RESOLUTIONS ESTABLISHING THE 1994 -95 FISCAL YEAR APPROPRIATION LIMIT AND APPROVING A BUDGET APPROPRIATION AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 1994 -95. Council inquiries clarified the Gann Initiative limitation on expenditures and the fact that this City is only at approximately 58% of its spending limitation. Lois Larue, 3136 Barkentine Road, spoke in opposition to several programs and expenditures. Councilman Byrd moved, seconded by Councilman McTaggart to adopt RESOLUTION NO. 94 -46 ESTABLISHING THE 1994 -95 FISCAL YEAR APPROPRIATION LIMIT FOR THE CITY OF RANCHO PALOS VERDES. The motion carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE Councilman McTaggart moved, seconded by Councilwoman Lyon to ADOPT RESOL. NO. 94- 47 APPROVING A BUDGET APPROPRIATION AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 1994 -95. The motion carried on the following roll call vote: AYES: BYRD, MCTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE SILVER SPUR RECONSTRUCTION - RESULTING BASSWOOD AVE. TRAFFIC RESTRICTIONS (1204 X 1404) Public Works Director Pulliam presented the staff memorandum of June 21 and the recommendation to authorize staff to temporarily remove the right turn restriction from Montemalaga Drive to Basswood Ave.; and, remove the left turn restrictions from Hawthorne Blvd. to Woodbrook Rd. and Shorewood Rd. during the Silver Spur Rd. reconstruction period of June 201 1994 through August 31, 1994; and, refer this matter to the Traffic Committee to work out the resulting specific traffic safety issues. With the use of maps mounted for Council and public viewing he explained how traffic would be shifted during construction. Council questions and concerns centered on temporarily covering rather than removing the traf f is signs, that consideration be given to establishing a student drop-off zone near Peninsula Center on Silver Spur in Rolling Hills Estates, and that additional police cars be used for control traffic at the the end of the school day when all classes get out at the same time as opposed to the morning when student arrivals are staggered. Traffic Committee Chairman Bruce Franklin, 15 Oceanaire, said this matter was scheduled for discussion by the Traffic Committee on June 22 and he was desirous of getting the sense of the Council on how to accommodate this traffic problem. As a means of discouraging traffic from using Basswood, he suggested installing additional stop signs on that street. Marian Zimmerman, 26847 Basswood, commented that she was in favor of speed bumps and stop signs; that Basswood was a residential street and the residents would like it to be treated this way; that the through traffic contributes to the CITY COUNCIL MINUTES JUNE 211 1994 PAGE 3 speeding and hazard on the street and she would like to curtail through traffic to the extent possible. She said she hoped that none of the plans forced traffic down Basswood. Robert Gibson, 26727 Basswood Ave., representing the Upper Basswood Association said that he attended the construction meeting for this project, that nobody present voiced concern about traffic congestion around the High School, that the School District had seven months to inform parents and students of the impending project and that if the staff recommendation is approved that the signs remain as they are. He said that he had earlier requested consideration of a drop off center on Hawthorne in front of the Mona Lisa Restaurant. Mary Shall, 26802 Basswood, said she didn't agree with the traffic being directed to Basswood and described the confusion she has witnessed in the area within the last two days. She also suggested that a drop off point be arranged in the shopping center. Lillian Cummings, 26841 Basswood, commented that there was no reason for removing any of the signs that students should be encouraged to car pool or ride the bus. Director of Business Services for the Palos Verdes Unified School District was Mike Escalante, 3801 Via La Selva, who stated that the School District was concerned about the constant changing nature to the traffic problems and suggested that Council look to staff in dealing with this situation because of their familiarity with the situation. He said that approximately half of the regular school population will be attending summer school. Council suggested that he get together with city managers from both cities because it is a joint problems. Council discussion and concerns centered on the undesirable effect of having traffic diverted to Basswood, encouraging traffic to use Silver Spur to Palos Verdes Drive North instead of Montemalaga, the fact that this project had been discussed and planned for the past year, that there is only 6 weeks in summer school and that there would be a minimal school population. Council emphasized that only as a last resort should traffic be diverted to Basswood, furthermore, that consideration be given to establishing a drop off point on Hawthorne. Councilwoman Brooks moved, seconded by Councilman McTaggart to reject the staff recommendation and instead direct staff to work out the best arrangement possible within the limits of the Silver Spur Road construction project to minimize congestion and provide drop off and pick up zones for students., Motion carried. Staff requested that rather than return to Council seeking permission to transfer funds that permission be granted to allow funds in that account to pay for the cost of additional traffic enforcement to the degree necessary. With the permission of the maker and second for the motion, Councilman Byrd so moved to amend the motion to permit this transfer of funds. Motion carried. It was the consensus that staff should discuss this matter with the Traffic Committee to get their input and ideas on this traffic control problem. GRADING PERMIT NO. 1691 REVISION FOLLOW -UP (1203 X 1411 X 1801) Director Bernard presented the staff memorandum of June 21 and the recommendation to provide staff with direction for pursuing compliance with the City Council's April 19, 1994 action on the above referenced item including, if necessary, the initiation of the code enforcement division's nuisance abatement procedures. CITY COUNCIL MINUTES JUNE 21, 1994 PAGE 4 The City's Geotechnical Engineer Dale Hinkle, stated it usually takes four to eight weeks ' to adequately analyze the fill on this site and, stating that it was a time consuming procedure, he explained the process of sampling and testing the soil the estimated cost for which would range between three and five thousand dollars. Applicant Bruce Burrell, 87 Marguerite Drive, said they understood that the objective of the Council was to clean up the eyesore as described by residents of Palos Verdes Estates, that they were granted a grading permit to put in 3100 cubic yards of dirt which was reduced by the Council's previous decision to the amount of dirt already on the property. When they studied the situation, however, they felt that it was best to spread the existing material to conform to the natural grade currently existing. He felt that by doing a landscape fill, which their geologists indicated would be technically feasible, would not create any adverse situations on the property. He requested a meeting between the two geologists. With a moderate extension he felt that the site could be cleaned up; they already have pulled out asphalt and they are anxious to get going on this project. He said he would like to have the City Geologist and their geologist meet and work out an appropriate agreement. Responding to Council's question, Mr. Burrell said he was willing to undertake the tests discussed by Mr. Hinkle. Council discussion included concern that nothing had been done yet on the site, that perhaps the City should seek -a court order requiring that the site be cleaned up within five days or else start imposing penalty fees, and that probably the expeditious thing to do would be to arrange for a meeting of the two geologists involved. Councilwoman Brooks moved, seconded by Councilman McTaggart to give he applicant until the July 5 meeting to get the testing done and complied with; if that happens they have until August 1 to comply with the remaining conditions; the applicant must submit a report to staff one week prior to the July 5 meeting and, if necessary, staff will prepare a report for Council. Furthermore, if the applicant does not meet these terms and deadlines they must remove the dirt or the City will impose a $500 a day penalty fee for each day after August 15 per Section 17.70.040 of the Municipal Code. Motion carried. RECESS: At 8:50 P.M. Mayor Kuykendall declared a recess. The meeting reconvened at 9:15 P.M. Audience comments for items not on the agenda: Lois Larue, 3136 Barkentine Road, distributed a copy of a letter from Mr. Bob McJones, 1 Limetree Lane, and a copy of an article entitled The Palos Verdes Terraces, California: Bathtub rings from a buried reverse fault. She stated her opposition to the discontinuation of the deliberations of the Panel of Experts and her dislike of the Adopt -A -Road signs. SUBMITTAL OF ORIGINAL DOCUMENTS TO THE CITY CLERK AT COUNCIL MEETINGS (1101 X 301) City Manager Bussey presented the June 21 memorandum and the recommendation that if Council felt it useful to direct staff to prepare a policy requiring that only original petitions or third party letters be accepted on matters coming before the City Council, the planning commission or any other city committee. Jack Harper, 22 Aspen Way, Rolling Hills Estates, stated his support for staff recommendation. He then referred to the petitions submitted in support of the automotive overlay district and the automotive. repair station on Highridge and cited the inadequacy of these petitions since each signatory page did not contain a statement explaining the purpose of the petition. Moreover, he said that some CITY COUNCIL MINUTES JUNE 21, 1994 PAGE 5 of the sheets from the first petition had been copied and used for the second petition. He questioned if a County statute had been violated by the manner in which the petitions were circulated and also if there was reason enough to revoke the conditional use permit issued by the Council since he felt this was misleading evidence. Jo Landau, 2 Hillcrest Meadow, requested that C.U.P. #178 be revoked on the grounds that the petition misrepresented community support for the automotive repair center. Lois Larue commented on petitions. Council questions and discussion centered on the following: how little emphasis is placed on these petitions inasmuch as they had no bearing on the approval criteria for this land use issue, that the petitions have no legal effect inasmuch as the City Council is a quasi- judicial body and that the rules of evidence don't apply. In response to the request that Council revoke the C.U.P 178 because of the alleged misrepresentation of the number of supporting signatures, the City Attorney stated that this was a land use matter and the decision made by Council was based on those principles, that Mr. Saparito would even have the ability to sell the site because the Council decision runs with the land and, that the personality involved is not relevant to Council's land use determination. It was the consensus to approve staff recommendation and to direct staff to draft a formal policy primarily directed toward petitions. RESOL. N0. 94 -48 - SHERIFF'S SERVICES (1206 X 1101) ASSISTANT CITY MANAGER ANTIL PRESENTED THE STAFF MEMORANDUM OF JUNE 21 AND THE FOLLOWING RECOMMENDATIONS: (1) AUTHORIZE THE MAYOR AND THE CITY CLERK TO EXECUTE THE CITY - COUNTY LAW ENFORCEMENT SERVICES AGREEMENT ON BEHALF OF THE CITY. (2) ADOPT THE PROPOSED RESOLUTION REQUESTING ADDITIONAL LAW ENFORCEMENT SERVICES WITHIN THE CITY OF RANCHO PALOS VERDES FROM THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT UNDER THE CITY- COUNTY LAW ENFORCEMENT SERVICES AGREEMENT. After discussion of the crime figures stated in the October 4, 1993 letter form the Sheriff, it was the consensus that staff should get similar information for neighboring cities such as Palos Verdes Estates and Torrance. Councilwoman Brooks moved, seconded by Councilman McTaggart to approve the staff recommendation to execute the City - County Law Enforcement Service Agreement on behalf of the City and ADOPT RESOL. NO. 94 -48 REQUESTING ADDITIONAL LAW ENFORCEMENT SERVICES WITHIN THE CITY OF RANCHO PALOS VERDES FROM THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT UNDER THE CITY - COUNTY LAW ENFORCEMENT SERVICES AGREEMENT. Motion carried. CITY COUNCIL TEAM BUILDING SESSION (306 X 1101) ASSISTANT CITY MANAGER ANTIL PRESENTED THE STAFF MEMORANDUM OF JUNE 21 AND THE RECOMMENDATION TO CONSIDER ALTERNATE DATES TO CONDUCT THE CITY COUNCIL TEAM BUILDING SESSION. Lois Larue, 3136 Barkentine, suggested that because of the exhausting nature of these sessions that the Council meet for only one day instead of two. It was the consensus to table this matter until November, 1994. CITY COUNCIL MINUTES JUNE 21, 1994 PAGE 6 BLDG. & SAFETY CONTRACT (201 X 1203) DIRECTOR BERNARD PRESENTED THE STAFF MEMORANDUM OF JUNE 21 AND THE RECOMMENDATION TO AWARD THE CONTRACT TO CHARLES ABBOTT AND ASSOCIATES FOR PREFERRED OPTION NO. 2 SUBJECT TO THE FIRM MEETING THE INSURANCE REQUIREMENTS AND DIRECT STAFF TO INITIATE A THREE -YEAR BUILDING AND SAFETY CONTRACT TO BEGIN FISCAL YEAR 1994 -95. Councilman McTaggart moved, seconded by Councilman Byrd to approve the staff recommendation. Motion carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE CONTRACTS REMOVED FROM CONSENT CALENDAR Councilwoman Lyon moved, seconded by Councilwoman Brooks to delay action on the contracts removed from the Consent Calendar to give her sufficient time to review all of them. After discussion, it was the consensus to instead consider the contracts individually. PARKS AND MEDIAN LANDSCAPE MAINTENANCE CONTRACT (1204 X 1201) Director Pulliam presented the staff report of June 21 and the recommendation to (1) AWARD A TWO -YEAR CONTRACT FOR PARKS AND MEDIAN MAINTENANCE TO LANDSCAPE WEST IN THE AMOUNT OF $185,958.48 PER YEAR FOR A PERIOD OF TWO YEARS FOR A TOTAL CONTRACT AMOUNT OF $3711,916.96; AND,_ AUTHORIZE THE STAFF TO SPEND AN ADDITIONAL $20,000 FOR EXTRA WORK AND (2) AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN THE CONTRACT ON BEHALF OF THE CITY. Councilman McTaggart moved, seconded by Councilwoman Lyon, to rebid this contract in light of the questions that have been raised. Mr. Barry Kornier, 1161 North Cayote Lane, Laguna Niguel, President of Landscape West related his understanding that the current contractor, Bennett Enterprises, stated that Landscape West's contract had been terminated by the City. He said that his company performs work for 24 other cities, that it is a large and reputable. Putting the job out to re -bid will publicize his figures and competitors will know to how underbid him; they will use the same figures but reduce the number of personnel, thus resulting in an inability to provide the City with good service. Continuing, he said that his bid will provide the service in accordance with the level spelled out in the specs. Sean Bennett of Bennett Enterprises, Lomita, referring to his handout copy of the December 17, 1985 City Council minutes which was accompanied by an analysis of the three top bids said it wasn't his intent to tarnish the reputation of Landscape West however Bennett's contract with the City began with the termination of Landscape West. Over. past eight years Bennett has kept costs to minimum and he cited what he felt were unrealistically low costs quoted by Landscape West for such elements of the contract as the median maintenance on Palos Verdes Drive South from Long Point to Barkentine and the Silver Spur median as well as some figures used for parks maintenance. Furthermore, over the life of the contract Bennett has devised routine procedures with the Public Works staff for various tasks. Mr. Bennett then said he had other benefits to offer the City if he is awarded the contract. CITY COUNCIL MINUTES JUNE 21, 1994 PAGE 7 City Manager Bussey stated that in terms of the other things offered, that staff had not given the other contractors the same opportunity to revise their bids; furthermore, with regard to re- bidding this contract, that such an occurrence may signal to other contractors that Rancho Palos Verdes is not a good place to bid jobs. Following Council discussion Councilwoman Lyon withdrew her second on the motion to re -bid the contract. It was the consensus that staff should prepare a report on the matter of the costs for line items as well as check further into the references. Councilwoman Lyon moved, seconded by Councilman McTaggart to continue this item to the next council meeting. Motion carried. ANGELUS- HUDSON, INC. COMMERCIAL REFUSE & COLLECTION AGREEMENT (1301 X 1204) The staff report of June 21 on this matter recommended that Council AUTHORIZE THE MAYOR AND THE CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT FOR NONEXCLUSIVE COMMERCIAL REFUSE COLLECTION AND DISPOSAL SERVICES WITH ANGELUS - HUDSON INC. TO EXTEND THE NONEXCLUSIVE FRANCHISE THROUGH DECEMBER 31, 19940 Councilman McTaggart moved, seconded by Councilwoman Lyon to approve the staff recommendation. Motion carried. CUSTODIAL MAINTENANCE CONTRACT FOR CITY FACILITIES (1204 X 12010 Staff recommendation was to (1) AWARD A TWO -YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CITY FACILITIES TO ALL POINTS MAINTENANCE AT A RATE OF $33,720 PER YEAR, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $67,440. (2) AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN THE CONTRACT ON BEHALF OF THE CITY. After clarification of how contracts are constantly monitored, the amount of notice necessary to cancel a contract and how references are checked, Councilwoman Lyon moved, seconded by Councilman McTaggart to continue this item until the next meeting. Motion carried. RIGHT -OF -WAY WEED CONTROL CONTRACT (1204 X 1701) The June 21 staff report contained the following recommendations: (1) AWARD A TWO -YEAR CONTRACT FOR RIGHT -OF -WAY WEED CONTROL TO BENNETT ENTERPRISES AT A RATE NOT TO EXCEED $20,222.35 PER YEAR, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $40,444.70; AND, AUTHORIZED STAFF TO SPEND AN ADDITIONAL $2,000 FOR EXTRA WORK. (2) AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN THE CONTRACT ON BEHALF OF THE CITY, Councilwoman Lyon moved, seconded by Councilwoman Brooks to continue this matter. Motion carried. STREET SWEEPING CONTRACT - FISCAL YEARS 1994 -95 & 1995 -96 (1204 X 1405) The June 21 staff report contained the following recommendations: (1) AWARD THE FY 1994 -95 & FY 1995 -96 STREET SWEEPING SERVICE CONTRACT TO R. F. DICKSON COMPANY, INC. FOR $93,600.16 AND AUTHORIZE STAFF TO SPEND UP TO AN ADDITIONAL CITY COUNCIL MINUTES JUNE 21, 1994 PAGE 8 $4,700 FOR CONTINGENCIES, FOR A TOTAL AUTHORIZATION NOT TO EXCEED $98,300.16. (2) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE CITY. It was the consensus to continue this matter to the next meeting. SALVATION ARMY CONTRACT - MITIGATION MONITORING PROGRAM (1203 X 1804) After clarification by Director Bernard of how the performance of the contractor will be evaluated and monitored and that this was a flat price contract, Councilman Byrd moved, seconded by Councilwoman Brooks to adopt the staff recommendation and AWARD THE CONTRACT TO THE KEITH COMPANIES AND AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR THE PREPARATION OF A MITIGATION MONITORING PROGRAM (MMP) FOR THE SALVATION ARMY'S PREVIOUSLY APPROVED EDUCATION /CONFERENCE CENTER. Motion carried. TRAFFIC STRIPING & PAVEMENT MARKING CONTRACT (1204 X 1404) (1) AWARDED THE CONTRACT FOR TRAFFIC STRIPING AND PAVEMENT MARKINGS TO SAFETY STRIPING SERVICE INC. FOR A NOT TO EXCEED AMOUNT OF $25,952.25; AND, AUTHORIZED STAFF TO SPEND AN ADDITIONAL $1,250 FOR CONTINGENCIES. (2) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE CITY. Councilwoman Lyon moved, seconded by Councilman McTaggart to approve the contract. Motion carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS, & MAYOR KUYKENDALL. NOES: NONE SILVER SPUR ROAD RECONSTRUCTION - CONTRACT FOR MEDIAN LANDSCAPE IMPROVEMENTS (1204 X 1404) The June 21 staff report contained the following recommendations: (1) AWARD THE CONTRACT FOR SILVER SPUR ROAD MEDIAN LANDSCAPE IMPROVEMENTS TO D. J. CONSTRUCTION FOR AN AMOUNT NOT TO EXCEED $98,264; AND, AUTHORIZED STAFF TO SPEND AN ADDITIONAL $5F000 FOR CONTINGENCIES; AND, ( 2 ) AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE CITY. Councilwoman Lyon moved, seconded by Councilwoman Brooks continue to continue this matter to the next meeting. The motion failed on the following roll call vote. AYES: BROOKS & MAYOR KUYKENDALL NOES: BYRD, McTAGGART & LYON Councilman McTaggart moved, seconded by Mayor Kuykendall to approve the staff recommendation. The motion carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL. NOES: NONE SOLICITATION IN PUBLIC RIGHT -OF -WAY (202 X 306) MAYOR KUYKENDALL PRESENTED HIS MEMORANDUM OF JUNE 21 AND THE RECOMMENDATION THAT COUNCIL ADOPT AN ORDINANCE TO PROHIBIT SOLICITATION IN THE PUBLIC RIGHT -OF -WAY, CITY COUNCIL MINUTES JUNE 21, 1994 PAGE 9 DIRECT STAFF TO PREPARE AN APPROPRIATE ORDINANCE FOR AN UPCOMING AGENDA. Councilwoman Brooks moved, seconded by Mayor Kuykendall to approve the recommendation set out in the June 21 memorandum. Lois Larue, spoke in opposition to this proposal. City Attorney Lynch reported that this type of ordinance has been the subject of litigation which doesn't mean the City could not adopt such an ordinance. Council discussion then centered on the necessity for such an ordinance on the Peninsula inasmuch as there is presently no soliciation problem. It was argued, however, that in the event it does become a problem it would be advisable to have such an ordinance in force. Councilwoman Brooks withdrew her second. The motion then died for lack of a second. REPORT ON CLOSED SESSION: City Attorney Lynch reported that Council met in closed session to evaluate the performance of the City Manager, ADJOURNMENT: At 11: 00 P.M. the meeting adjourned to 7:00 P . M. on Thursday, June 30 for a joint session with the View. Restoration Committee. Said meeting to be held at Hesse Park. Motion made by Mayor Kuykendall. 7 YOR ATTEST: CITY CLERK 94cca U1, a CITY COUNCIL MINUTES JUNE 21, 1994 PAGE 10