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CC MINS 19940705M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 5, 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 pending-litigation. The meeting was reconvened 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 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 Michael Wiener. CITIZENS OF THE MONTH - BOB & LORI LEWIS (304) Mayor Kuykendall presented a Certificate of Recognition to Bob and Lori Lewis in appreciation of their community activities with AYSO soccer, the PTA, the AWARE Committee, emergency preparedness for Peninsula High School and coaching in both Little League and AYSO soccer. APPROVAL OF AGENDA: Councilman McTaggart moved, seconded by Councilwoman Brooks, to approve the agenda as presented. Motion carried. APPROVAL OF CONSENT CALENDAR: Three contracts were removed from the Regular Business and added to the Consent Calendar: street sweeping, custodial maintenance for city facilities and right -of -way weed control contract. Councilwoman Brooks moved, seconded by Councilman McTaggart, to approve the Consent Calendar as follows: WAIVER OF FULL READING: Adopted a motion to waive full reading of all ordinances and resolutions adopted at the 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 JUNE 21, 1994. RESOL. NO. 94 -49 FEDERAL SURPLUS PROPERTY (601 x 1203) ADOPTED RESOL. NO. 94 -49 AUTHORIZING RENEWAL OF THE CITY'S SURPLUS PROPERTY ELIGIBILITY TO ACQUIRE SURPLUS FEDERAL PROPERTY. RESOL, NO, 94 -50 SANTA MONICA BAY RESTORATION PLAN (1101 x 1203 x 1402) ADOPTED RESOL. NO. 94 -50 SUPPORTING THE SANTA MONICA BAY RESTORATION PLAN, RESOL. NO. 94 -51 - LANDSCAPING & LIGHTING DISTRICT HARDSHIP DEFERRALS (602 x 901) ADOPTED RESOL NO. 94 -51 APPROVING THE AGREEMENT BETWEEN THE CITY AND PROPERTY OWNERS FOR TEMPORARY HARDSHIP REBATES OF THE ASSESSMENTS LEVIED FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT ALONG WITH THE STANDARD PROMISSORY NOTE, AND RESCINDING RESOLUTION NO. 92 -84 RESOL. NO. 94 -52 - REGISTER OF DEMANDS (602) ADOPTED RESOL. NO. 94 -520 STREET SWEEPING CONTRACT FY 1994 -95 & 1995 -96 (1204 x 1405) (1) AWARDED THE FY 94 -95 AND 95 -96 STREET SWEEPING SERVICES CONTRACT TO R. F. DICKSON COMPANY, INC. FOR $93,600.16 AND AUTHORIZE STAFF TO SPEND UP TO AN ADDITIONAL $4,700 FOR CONTINGENCIES FOR A TOTAL AUTHORIZATION NOT TO EXCEED $98,300.16. (2) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT. CUSTODIAL MAINTENANCE CONTRACT - CITY FACILITIES (1201 x 1204 x 1405) (1) AWARDED 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) AUTHORIZED THE MAYOR AND CITY CLERK TO SIGN SAID CONTRACT. RIGHT -OF -WAY WEED CONTROL CONTRACT (1204 x 1404) (1) AWARDED 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, (2) AUTHORIZED THE STAFF TO SPEND AN ADDITIONAL $2j000 FOR EXTRA WORK. ( 3 ) AUTHORIZED THE MAYOR AND CITY CLERK TO SIGN SAID CONTRACT. 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 RECYCLE DRAWING: L. A. Times Reporter Jeff Kass drew the winning card for the month of July. Resident Maya Hamburger was announced as the winner for the month of June and will receive a year's worth of free trash pick up service. RESOL. NOS. 94 -53, 54 & 55 - SINGLE FAMILY RESIDENTIAL REFUSE, RECYCLING AND "PUP" ROUTE INCREASE (1204 x 1301) Mayor Kuykendall opened this public hearing on a rate increase for Waste Management and Ivy Rubbish Disposal for single family residential refuse and recycling services. The City Clerk announced that notice of the public hearing had been duly noticed and that no written protests had been received by the City. Mayor Pro Tem Byrd moved, seconded by Councilman McTaggart and carried to waive reading of the July 5, 1994 staff report which contained the following recommendation: (1) ADOPT THE PROPOSED RESOLUTION ESTABLISHING THE SINGLE FAMILY CITY COUNCIL MINUTES JULY 5, 1994 PAGE 2 RESIDENTIAL REFUSE AND RECYCLING RATES FOR AREAS I, II AND III SERVED BY WASTE MANAGEMENT; (2) ADOPT THE PROPOSED RESOLUTION ESTABLISHING THE SINGLE FAMILY RESIDENTIAL REFUSE AND RECYCLING RATES FOR AREA IV SERVED BY IVY RUBBISH DISPOSAL; AND, (3) ADOPT THE PROPOSED RESOLUTION ESTABLISHING THE RESIDENTIAL "PUP" ROUTE REFUSE SERVICE COLLECTION RATES IN THE CITY. There being no response to the Mayor' s call for public testimony, he declared the hearing closed. Councilman McTaggart moved, seconded by Mayor Pro Tem Byrd to adopt the staff recommendation: (1) ADOPT RESOL. NO. 94 -53 ESTABLISHING THE SINGLE FAMILY RESIDENTIAL REFUSE AND RECYCLING RATES FOR AREAS I, II AND III SERVED BY WASTE MANAGEMENT; (2) ADOPT RESOL. NO, 94 -54 ESTABLISHING THE SINGLE FAMILY RESIDENTIAL REFUSE AND RECYCLING RATES FOR AREA IV SERVED BY IVY RUBBISH DISPOSAL; AND, (3) ADOPT RESOL. NO. 94 -55 ESTABLISHING THE RESIDENTIAL "PUP" ROUTE REFUSE SERVICE COLLECTION RATES IN THE CITY. Motion carried. GRADING PERMIT NO, 1691 REVISION "A" FOLLOW -UP - 7 MARGUERITE DR. (1203 x 1801) Director Bernard presented a supplemental staff report which summarized the applicants' efforts to comply with the City Council's June 21 direction. He said that reasonable progress had been made since the Council last considered the project on June 21, to wit: soil samples had been taken and analysis were being conducted, geotechnical consultants for both the applicant and the City were in communication and preliminary findings had been given to the City for analysis, other required information has been provided to staff; and, when available from the laboratory, a commitment has been made to make additional required information available. Furthermore, he noted the landowners had indicated that they will comply with the established August 1 deadline for completion of the site clean up and grading activity. Continuing with his report, Director Bernard requested that Council provide staff with direction in pursuing- compliance with the Council's June 21 direction including, if necessary, initiation of the Code Enforcement Division's Nuisance Abatement procedures; and, provide staff with further direction regarding testing for asbestos and /or any other toxic materials deemed appropriate by the City's geotechnical expert. Representing the applicant was Kenneth ' Burrell, 1 Park Place, who summarized the July 3, 1994 letter from the Burrell Group giving a chronological listing of their efforts to comply with the Council's direction. (Said letter is on file with the City Clerk's Office.) Also representing the applicants was Bruce Burrell, 87 Marguerite Drive, who suggested that the City Manager oversee everything and if events are not proceeding according to plan that, if necessary, the City Manager have the authority to grant a further extension. Council consensus was to stay with the August 1 deadline and that the Friday Report contain updates on this project; if the applicant fails to meet the requirements then the matter is to be placed on the City Council's agenda. Mayor Pro Tem Byrd moved, seconded by Councilman McTaggart to extend the July 5 deadline for soils testing and to comply with the site activity deadline of August 1. Motion carried. Mayor Pro Tem Byrd moved, seconded by Councilwoman Lyon to require asbestos testing of the soil samples. Motion carried. CITY COUNCIL MINUTES JULY 5, 1994 PAGE 3 RESALE OF AFFORDABLE UNITS AT VILLA CAPRI (701 x 1203) Associate Planner Donna Jerex presented the staff memorandum of July 5 containing the recommendation to approve staff execution of the "notice of intent not to exercise option or to abandon property," thereby releasing the deed's affordability restrictions on two properties located at 28 and 48 Via Capri. Continuing with her report, Ms. Jerez summarized the background on this matter: in 1988, the City entered into an agreement with the Villa Capri developer to create ten affordable dwelling units within that 49 -unit subdivision. These ten units were sold to qualified buyers via a lottery system established and administered by the City. One of the terms of sale required owners of the affordable units to notify the City in the event they wanted to sell the property. Based on a formula contained in the agreement the owner and the City would then agree on a sales price and the parties would then execute a "notice of intent to sell" form. This would allow the City to either buy the unit and allow it to be sold to a qualified designee, or the City could abandon its option to buy the unit thereby releasing the affordable housing restrictions. As staff began processing the sale of the unit at 28 Via Capri, several issues surrounding the actual affordability of those units arose: qualifying household income and the market price of the units. The maximum qualifying household income for these units which was originally about $57,000 would now be approximately $76,000. That figure was arrived at.by both recouping the cost of improvements made on the units and by allowing a modest profit margin based on the Consumer Price Index. Additionally, there had been a significant drop in the real estate market since these units were originally sold. Therefore, the affordable price of these units was in the neighborhood of $210,000, which could be described as the "market rate" rather than "affordable." Given those factors, it became apparent that these units no longer met standards for which the City could receive credit from the State for providing affordable housing. Because these units could no longer be considered affordable and given the fact that staff was working on future affordable housing programs tied to approved projects such as Ocean Trails and Long Point, staff recommended that the City abandon its option to purchase these two units thus allowing them to return to the open real estate market. Speaking in support of the staff recommendation was Irene Ordon, owner of 28 Via Capri who, because of an auto accident, can no longer live at the two story unit and is now living at one of her mother's houses. Se stated that they have complied with the resale process and that owning the unit places a financial burden on them. Continuing, she said that the unit is listed for $235,000 and that they do have a buyer but more than likely the unit will sell for $210,000. She requested Council to issue the release but disagreed with the $5,000 release fee. When added to the realtor's fee she said it would probably result in them taking a loss on the sale. Also requesting a release and speaking in favor of the staff recommendation was Chris Von Glahn, 48 Via Capri. He said they have lived in the unit since June 1989, that they have two children and have made extensive modifications to the unit to accommodate a family of four. Councilman McTaggart moved, seconded by Councilwoman Brooks to adopt the staff recommendation to approve staff execution of the "Notice of Intent not to Exercise Option or to Abandon Property," thereby releasing the deed's affordability restrictions on two properties located at 28 and 48 Via Capri. CITY COUNCIL MINUTES JULY 51 1994 PAGE 4 Council discussion of the matter then centered on whether notification of this release had been sent to other Villa Capri residents, how the sales price for these units might affect the price of the other non-affordable units, clarification that for the sake of comparing sales prices that no other units in the development were comparable to these affordable units and, lastly, if these suggested sales prices had been verified for accuracy especially in light of the extensive improvement made to the units. Continued discussion then turned to whether the matter should be delayed until other residents of Villa Capri had been notified of these sales. It was argued, however, that the market economy had driven down the prices of these Villa Capri units to an affordable level. Also, it was noted that there had been open houses held at these units and a "for sale' sign had been posted at Mrs. Ordon's unit. The motion carried on the following roll call vote: AYES: BROOKS, McTAGGART, LYON.& MAYOR KUYKENDALL NOES: BYRD APPEAL OF VICIOUS DOG DETERMINATION It was the consensus of Council to set July 19 at 6:30 P.M. as the date and time to hear the appeal of the vicious dog determination. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) - REIMBURSEMENT FOR STORM DAMAGE TO GABIONS (601 x 1204) Director Pulliam presented the staff memorandum of July 5 and the recommendation to discontinue efforts to get reimbursement from FEMA for the March 1992 winter storm damage to the gabions adjacent to the Portuguese Bend landslide. Councilwoman Brooks moved, seconded by Councilman McTaggart to approve the staff recommendation. Council discussion of the matter ensued and centered on the necessity of applying for FEMA aid immediately upon the occurrence of a disaster, the time and cost involved in applying for an extension to the present Coastal Permit to allow the gabions to remain, and how some of the gabions were indeed damaged and needed to be either repaired or removed. With the permission of the second, Councilwoman Brooks amended the motion to approve the staff recommendation but limit removal of the gabions to those that were damaged; additionally, that the expenditures for the removal be limited to the $20,000 of FEMA funds and if additional funds were needed then staff should come back to Council with that request. Motion as amended carried. A brief discussion followed and it was the-consensus that staff should prepare a letter for FEMA rebutting their argument that the gabions were not a permanent facility and that more extensive improvements would be required to prevent future storm damage to the same area. PUBLIC WORKS - FY 1994 -95 SUPPORT CONSULTING SERVICES (1204) Director Pulliam presented the staff report of July 5, 1994 and the recommendation to award the contract to Charles Abbott & Associates, Inc. for the fiscal year 1994 -95 consulting services for support of the Public Works Department; and, approve the option to extend the contract for CITY COUNCIL MINUTES JULY 51 1994 PAGE 5 up to two more years based on evaluation of the consultant's standard fee schedule at the time. Continuing with his report, Mr. Pulliam explained the point scoring process used to analyze the three bidders' experience in the Palos Verdes area, key personnel, and understanding of services to be provided. Staff's recommendation was based upon the overall score for these qualifications and the total fee proposed by each firm. Mayor Pro Tem Byrd moved, seconded by Councilwoman Brooks to adopt the staff recommendation to award the contract to Charles Abbott & Associates, Inc. for the fiscal year 1994 -95 consulting services for support of the Public Works Department; and, approve the option to extend the contract for up to two more years based on evaluation of the consultant's standard fee schedule at the time. The motion carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA: Kathy Snell, 8 Vanderlip Drive, spoke in opposition to having low and very low income housing in the City and requested that the Council disband the Redevelopment Agency. Additionally, she spoke in opposition to the 10 minute limitation on speaking at City Council meetings and voiced her concern about certain activities going on at the nude beach at Paradise Cove. Staff was requested to prepare for the Friday Report a report on the status of the nude beach; it was suggested that, if warranted, this matter be put on a future agenda. SERVICE STATION CLOSING Representing UNOCAL was their Territory Manager Bob Mattes who reported that UNOCAL had been negotiating with Thrifty Oil, the owner of the gas station property at Hawthorne and Palos Verdes Drive South, and that documents had been drafted permitting Mr. Nassar Novinshoar to continue operating his gas station business. After Council inquiry about the condition of the tanks on that property and the possibility of having an oil recycle center at that location, it was the consensus of Council that staff should rewrite the proposed letter to Mr. Roger C. Beach, Chief Executive Officer of UNOCAL and encourage the expeditious handling of these negotiations. Staff was requested to verify the facts listed in the draft letter. COMPETITIVE SERVICE EMPLOYEE & MANAGEMENT EMPLOYEE RULES (1101 x 1202) Assistant City Manager Antil presented the staff memorandum of July 5 and the following recommendations: (1) ADOPT THE PROPOSED RESOLUTION ADOPTING REVISIONS TO THE COMPETITIVE SERVICE EMPLOYEE PERSONNEL RULES AND RESCINDING RESOLUTION NO. 91 -47; AND, (2) ADOPT THE PROPOSED RESOLUTION ADOPTING REVISIONS TO THE MANAGEMENT EMPLOYEE PERSONNEL RULES AND RESCINDING RESOLUTION NOS. 91 -48 AND 92- 39. Mayor Pro Tem Byrd stated that apropos of the "Merit Advancement Within a Range" as outlined in the Employee Rules, he would like staff to prepare a report listing other types of merit system programs that could be considered by the CITY COUNCIL MINUTES JULY 5, 1994 PAGE 6 Council. Council then discussed the private /public salary survey to be conducted, how they would like an explanation of how the City's present merit system works to see if they want to continue with it, and how it would be helpful to them to have a breakdown of the number of employees who received merit increases under the current system and their overall rating. Mayor Pro Tem Byrd moved, seconded by Councilman McTaggart to (1) ADOPT RESOL. NO. 94 -56 ADOPTING REVISIONS TO THE COMPETITIVE SERVICE EMPLOYEE PERSONNEL RULES AND RESCINDING RESOLUTION NO. 91 -47; AND (2) ADOPT RESOL. NO. 94 -57 ADOPTING REVISIONS TO THE MANAGEMENT EMPLOYEE PERSONNEL RULES AND RESCINDING RESOLUTION NOS. 91 -48 AND 92 -39; also, that staff prepare a report explaining the current merit system as well as other types of systems that could be implemented in its place. Motion carried. REORGANIZATION OF THE PLANNING, BUILDING & CODE ENFORCEMENT (PBCE) DEPARTMENT'S CLERICAL STAFF (1202 x 1203) Director Bernard presented the July 5 staf f memorandum and the recommendation to reorganize the Planning Department Staff by the elimination of one part -time position to be replaced with the addition of one full -time clerical position at no additional cost or additional hours. Mayor Pro Tem Byrd stated that he requested this item be removed from the Consent Calendar to ascertain if it was staff's assumption that a part -time clerk position would be difficult to fill. Director Bernard explained that the preliminary research done on this recruitment verified staff's assumption that it would be difficult to find a qualified, knowledgeable and experience. individual willing to work only part time, and hence his recommendation that the clerical positions be reorganized as detailed in his staff report. Mayor Pro Tem Byrd moved, seconded by Councilwoman Lyon to adopt the staff recommendation to reorganize the PBCE'S department clerical staff as proposed by the department's director. Motion carried. REPORT ON CLOSED SESSION: The Assistant City Attorney announced that the only action taken by the City Counil in closed session was to initiate litigation. He also announced that after the action had been formally commenced the details of the action, the identity of the defendant and other particulars would be disclosed to any person upon inquiry unless to do so would jeopardize service of process. ADJOURNMENT: At 9:15 P.M. the meeting adjourned on motion of Councilwoman Brooks. MAYOR A ST. CITY CLERK a�A7594com CITY COUNCIL MINUTES JULY 5, 1994 PAGE 7