Loading...
CC MINS 19940802M I N U T E S REGULAR MEETING RANCHO PALOS VERDES CITY COUNCIL AUGUST 2, 1994 Following a regular adjourned meeting to hear the appeal of a vicious dog determination, the regular meeting was called to order at 7:30 P.M. by Mayor Kuykendall at the Hesse Park Community Center, 29301 Hawthorne Boulevard. 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, Planning Administrator Carolynn Petru, Senior Planner Joel Rojas, Associate Planner Donna Jerex, City Clerk Jo Purcell, and City Attorney Carol Lynch. CEREMONIAL EVENT: Mayor Kuykendall presented a Certificate of Recognition to Jack McSparron for his volunteer efforts with the Peninsula Education Foundation in providing the foundation with valuable computer assistance and also for the time he volunteers to his church. Mayor Kuykendall noted that Mr. McSparron has been a resident of the City for over twenty -five years. APPROVAL OF AGENDA: Councilwoman Brooks moved, seconded by Councilman McTaggart, to approve the agenda as presented. Motion carried. APPROVAL OF CONSENT CALENDAR: Councilwoman Brooks moved, seconded by Councilman Byrd, to approve the Consent Calendar as follows: WAIVER OF 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 July 5, 19940 SETTLEMENT AGREEMENT - PLANNING CENTER (1203) Approved the settlement agreement with the Planning Center and Palos Verdes Land Holdings Company regarding Environmental Impact Report No. 33 (Moratorium Exclusion No. 7) and authorized the Mayor and City Clerk to execute same. RESOL. N09 94 -59- SOLID WASTE FUND BUDGET ADJUSTMENT (602 x 1204 x 1301) ADOPTED RESOL. NO. 94 -59 AMENDING RESOL. NO. 94 -47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1994 -95, FOR A BUDGET ADJUSTMENT TO THE SOLID WASTE FUND. GIFTS FOR PARKS (1202) Accepted the gifts for parks donations designated in the staff report and directed staff to prepare letters for the Mayor's signature expressing the City Council's thanks and appreciation. STREET PATCHING CONTRACT COMPLETION FY 1993 -94 (1204 x 1404) (1) ACCEPTED THE WORK AS COMPLETE. ( 2 ) AUTHORIZED THE CITY CLERK TO FILE A NOTICE OF COMPLETION AND, IF NO CLAIMS ARE FILED DURING THE 35 DAY LEGAL NOTICE PERIOD AND UPON THE POSTING OF A WARRANTY BOND BY THE CONTRACTOR, TO NOTIFY THE SURETY COMPANY TO EXONERATE THE PAYMENT AND PERFORMANCE BONDS. .(3) AUTHORIZED,THE FINANCE DIRECTOR TO RELEASE THE RETENTION CONTINGENT UPON THE CONTRACTOR POSTING A ONE -YEAR WARRANTY BOND OR OTHER ACCEPTABLE SECURITY 35 DAYS AFTER THE NOTICE OF COMPLETION HAS BEEN RECORDED BY THE COUNTY RECORDER. SCHOOL DISTRICT -REIMBURSEMENT AGREEMENT (1204 x 1401) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT WITH THE PVPUSD FOR REIMBURSEMENT OF FUNDS FOR IMPROVEMENTS ON SCHOOL DISTRICT PROPERTY. SUPERIOR SIGNAL MAINTENANCE CONTRACT FY 1994 -95 (1204 x 1405) (1) AWARDED THE SIGNAL MAINTENANCE CONTRACT FOR FY 94 -95 TO SUPERIOR SIGNAL SERVICES INC. FOR ABASE BID AMOUNT NOT TO EXCEED $10,000; AUTHORIZED STAFF TO SPEND UP TO AN ADDITIONAL $10,000 FOR EXTRA WORK FOR A.TOTAL AUTHORIZATION NOT TO EXCEED $20,0000 (2) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT. ANIMAL CONTROL CONTRACT (104 x 1101) AUTHORIZED A TWO -YEAR EXTENSION OF THE AGREEMENT WITH THE SOUTHERN CALIFORNIA HUMANE SOCIETY /SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS ( SPCA) TO PROVIDE ANIMAL CONTROL SERVICES WITHIN THE CITY FOR FY 1994 -95 IN AN AMOUNT NOT TO EXCEED $117,700 AND FOR FY 1995 -96 IN AN AMOUNT NOT TO EXCEED $121,230. CROSSING GUARD SERVICES (1101 x 1503) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH ALL CITY MANAGEMENT, INC. FOR AN AMOUNT NOT TO EXCEED $7,500 TO PROVIDE CROSSING GUARD SERVICES AT MIRALESTE INTERMEDIATE SCHOOL FOR THE 1994 -95 SCHOOL YEAR. REGISTER OF DEMANDS (602) ADOPTED RESOL, NO. 94 -600 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: The Mayor announced that there was no recycle winner for the month of August. A card was then drawn fromithe recycle drum for the month of August. VILLA CAPRI — RESALE OF AFFORDABLE UNITS CITY COUNCIL MINUTES AUGUST 2,1994 PAGE 2 Associate Planner Jerex presented the staff memorandum of August 2 and the recommendation to ADOPT the proposed resolution AS AMENDED RESOL. NO. 94 -61 ESTABLISHING A RELEASE FEE IN ACCORDANCE WITH CERTAIN DEED RESTRICTIONS FOR THE PROPERTIES LOCATED AT 28 VIA CAPRI AND 48 VIA CAPRI. The City Attorney proposed certain changes to Section 1 of the resolution ref lect that the release of the affordable units would not be contrary to the goals of the General Plan and reiterated that this pertained only to the two units and not the remaining eight affordable units. Christopher Von Glahn, 48 Villa Capri, stated that although he was in agreement with the staff he objected to the inclusion of such items as staff time and attorney's fees as costs charged against him for the release of this property from the deed restrictions. Richard Yaussi, 28 Via Capri, stated his objection to being charged almost $6,000 as a release fee and explained that his wife hasn't lived at Villa Capri for over a year due to an injury. Additionally, they lost their buyer because of problems with the development's law suits. He objected to being the only property owner who is being charged for the consultant's fee but rather felt it should be shared by all of the affordable units in the project. Irene Ordon, 28 Villa Capri, also objected to paying the consultant's fee and requested that it be distributed amongst all units. With the improvements made in the unit and the payment of the release fee, she stated that there would be no profit for them in the sale of this unit. City Manager Bussey explained that the consultant fee was not for general consultant purposes but specifically for the purpose of finding a qualified buyer for the unit at 28 Via Capri: if another unit is to be sold, the City would again retain a consultant or use some other method to find a qualified buyer. Even though there are several months left- in the contract, the City has no reason to use the remaining time left in the contract. As other units come up for sale, the City will again seek qualified buyers and would probably use the same method of having a consultant find a qualified buyer. Councilwoman Brooks moved, seconded by Councilman McTaggart to approve the staff recommendation and adopt RESOL. NO. 94 -61 ESTABLISHING A RELEASE FEE IN ACCORDANCE WITH THE RELEASE OF CERTAIN DEED RESTRICTIONS FOR THE PROPERTIES LOCATED AT 28 VIA CAPRI AND 48 VIA CAPRI. The motion carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE RESOL. NO. 94 -62 SIDEWALK REPAIR LIEN ASSESSMENT (1204 X 1405) Mayor Kuykendall announced that the public hearing open on this annual sidewalk maintenance program which was implemented pursuant to Council Resol. No. 85 -45 and by authority of Section 5610 of the Streets and Highways Code (Maintenance of Sidewalks) . The August 2, 1994 staff report summarized this program which was established to repair designated areas on a five -year cycle with approximately one -fifth of the City sidewalks being inspected each year for potential hazards. Property owners are responsible for repairs and they may elect to make the repair themselves, or participate in the City's program in which event they pay for construction costs plus a 30 percent administrative fee. Staff recommended the following: (1) RECEIVE O, CONFIRM AND ORDER FILED THE REPORT OF REPAIRS AND COSTS CITY COUNCIL MINUTES AUGUST 2, 1994 PAGE 3 FOR DELINQUENT ACCOUNTS DATED JULY 29, 1994. (2) CONDUCT A PUBLIC HEARING TO CONSIDER THE DELINQUENT ACCOUNTS FOR SIDEWALK REPAIR. (3) ESTABLISH THE AMOUNT OF ASSESSMENT ON DELINQUENT ACCOUNTS AND DIRECT THE CITY CLERK TO FILE A NOTICE OF LIEN ON THE PROPERTIES WITH THE COUNTY RECORDER IF THE DELINQUENT ACCOUNTS HAVE NOT BEEN PAID BY JULY 29, 19 9 4 . ( 4 ) ADOPT THE PROPOSED RESOLUTION ORDERING THE ESTABLISHMENT OF SPECIAL ASSESSMENTS, THE PLACEMENT OF LIENS ON REAL PROPERTY AND THE PLACEMENT OF CHARGES ON THE REAL PROPERTY TAX BILL FOR COLLECTION OF UNPAID SIDEWALK REPAIR ASSESSMENTS. Councilwoman Brooks moved, seconded by Councilman Byrd, to waive reading of the staff report. Motion carried. There being no response to the Mayor' s call for public testimony, he declared the hearing closed. Councilwoman Lyon moved, seconded by Mayor Kuykendall to adopt RESOL. NO. 94 -62 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDERING THE ESTABLISHMENT OF SPECIAL ASSESSMENTS, THE PLACEMENT OF LIENS ON REAL PROPERTY AND THE PLACEMENT OF CHARGES ON THE REAL PROPERTY TAX BILL FOR COLLECTION OF UNPAID SIDEWALK REPAIR ASSESSMENTS. The motion carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE OCEAN TRAILS REVISIONS PROCESSING TIME SCHEDULE (701 X 1203) Planning Administrator Petru presented the staff report of August 2 and the recommendation to provide staff with direction on the processing time schedule for the proposed revisions to the Ocean Trails development project. Mayor Pro Tem Byrd announced that because he lives within 1300 ft. of this project which could have a reasonably foreseeable financial effect of $10,000 or more on his property, it was prudent that he recuse himself and abstain from voting on this project. Council then briefly discussed how the completion of this project affected the schedule for maintenance of the City's infrastructure vis -a -vis the reconstruction of Palos Verdes Drive South, a cost which would have a major impact on the City's budget. Additionally, it was felt that the completion of this golf course would be of financial benefit to the City hence the importance of setting an aggressive City review schedule for its completion. Councilwoman Lyon moved, seconded by Councilwoman Brooks, to approve Schedule 2: August 9, 1994 - Planning Commission First Public Hearing; August 23, 1994 - Planning Commission Second Public Hearing (if required) ; and, September 6, 1994 - City Council Public Hearing. Motion carried 4 - 0 - 1 (Mayor Pro Tem Byrd abstaining). PALOS VERDES DRIVE EAST OVERLAY - HOMEOWNERS ASSOC. REQUEST FOR REVISIONS ( 808 x 1204 x 1404 ) Director Pulliam presented the staff report of August 2, 1994 and the recommendation to: (1) AUTHORIZE STAFF TO ADD A LEFT TURN LANE ALONG PALOS VERDES DRIVE EAST AT MUSTANG ROAD; AND, DENY ALL OTHER IMPROVEMENTS REQUESTED BY THE MUSTANG - SURREY - ROCKINGHORSE HOMEOWNERS ASSOCIATION. (2) AUTHORIZE STAFF TO PREPARE ENGINEERING COST ESTIMATES FOR IMPROVING PV DR. EAST FROM GANADO TO THE RHE BOUNDARY. CITY COUNCIL MINUTES AUGUST 2, 1994 PAGE 4 Representing the Mustang- Surrey - Rockinghorse Homeowners Association was Thomas Russell, 7 Mustang Road, who stated his disagreement with the information received from the traffic and city engineers about the costs of the homeowners' suggested improvements. He requested additional details on these costs. He asked that the matter of these improvements be given more study and requested that a decision on this matter be delayed until after the matter has been given more study. Rose Forbrich, 29516 Bernice Drive, said she works for the largest real estate company on the Peninsula and drives through the area daily. She said that the traffic has increased dramatically as a result of the hundreds of homes that have been built since the road was first built. She cited what she felt were traffic conflicts between bicycles, joggers and motorists caused by the heavy traffic and the nature of the terrain in that area. Council comments included concern that the installation of a crosswalk gives a false sense of security resulting in people not paying attention at the crosswalk and perhaps that all of Palos Verdes Drive East should be studied with the intent to make any required improvements. Councilwoman Brooks moved, seconded. by Councilwoman Lyon to approve the staff recommendation to authorize staff to add a left turn lane along Palos Verdes Drive East at Mustang Road; additionally, that estimates be prepared on the cost of doing an engineering study to improve Palos Verdes Drive East from Ganado to the.Rolling Hills Estates City boundary. Council discussion on the motion focused on whether any funds were available for such improvements, enforcement of bicycle traffic regulations to prevent auto versus bicycle conflicts, if the Finance Committee should review these costs to determine available funds, and the fact that if all of Palos Verdes Drive East was to be included such an undertaking would need to be segmented for the various areas, i.e., switchbacks. The motion carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE It was the consensus that such cost estimates should be accompanied by a request for a budget adjustment. RECESS & RECONVENE: At 8:45 P.M. Mayor Kuykendall declared a recess. The meeting reconvened at 9:00 P.M. FEE WAIVER - VARIANCE NO. 377 (1203 x 1804) Director Bernard presented the staff report of August 2, 1994 and the recommendation to deny the applicant ' s request for a fee waiver and require that all necessary fees be paid prior to further processing of the subject applications. Mr. William Dytrt, 6420 Sattes Drive, explained that his neighbor built a non- conforming improvement (enclosed pool structure) and that this improvement impinged upon his privacy, hence the reason for having a 6 ft. hedge. Paul Scala, 6405 Le Blanc, said that he has a view over the Santa Monica Bay and was concerned about the restoration of that view and cited his efforts to have Mr. Dytrt's hedge trimmed back to the 42" height limitation. He stated that at the time his pool enclosure was built, the contractor assured him that it was a legal structure; that contractor, however, is no longer in business. CITY COUNCIL MINUTES AUGUST 2, 1994 PAGE 5 Mayor Pro Tem Byrd moved, seconded by Councilman McTaggart, to deny the applicant's request. Motion carried. PUBLIC WORKS ANNUAL ROADWAY, DRAINAGE MAINTENANCE & REPAIR CONTRACT (1204 X 1404) The August 2, 1994 staff report recommended the following: (1) reject all bids and authorize staff to rebid the work as a multi -year contract for FY 1994 -95 and FY 1995 -96 with an option to extend it a third year to FY 1996 -97. (2) Authorize staff to separate the work into two contracts: one for right -of -way landscape maintenance and the other for roadway and drainage repairs including citywide street patching work. Councilman McTaggart moved, seconded by Councilwoman Brooks to waive the staff report. Motion carried. Councilman McTaggart moved, seconded by Councilwoman Lyon to adopt the staff recommendation. Motion carried. PUBLIC RIGHT -OF -WAY ENCROACHMENTS (1204 x 1408) The August 2, 1994 staff report recommended that Council review the report and provide staff with direction concerning the proactive code enforcement of public right -of -way encroachments alternatives as listed on page 3 of the report. Mayor Pro Tem Byrd moved to waive reading of the staff report, seconded by Councilman McTaggart. Motion carried. Council discussion of this matter centered on the primacy of City Council and Planning Commission direction in the setting of staff priorities. Specifically, the issue of the Island View encroachments which was discussed by the Planning Commission and where the decision was made to take special actions but which apparently was placed on hold pending resolution of Island View's request for street privatization. Discussion concluded with the agreement that staff should follow up on the issue of the Island View encroachments and report to Council. The consensus was to receive and file the staff report. PARK & MEDIAN MAINTENANCE CONTRACT AWARD (1204 x 1405) The August 2 , 1994 staff report recommended ( 1) AWARDING 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 $371,916.96; AND, AUTHORIZING STAFF TO SPEND UP TO AN ADDITIONAL $20,000 FOR EXTRA WORK. (2) AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN SAID CONTRACT. Mayor Pro Tem Byrd moved, seconded by Councilman McTaggart to waive reading of the staff report. Motion carried. With regard to the "poor" recommendation given by the City of Rolling Hills, City Manager Bussey clarified that the recommendation given to the City was unauthorized, that the decision not to award the contract to Bennett was not an indication that Rolling Hills was dissatisfied with their work but that it was not up to par with the standards they expected. Additionally, it was learned, that the person giving this recommendation was not employed by that city at the time the Bennett contract expired. CITY COUNCIL MINUTES AUGUST 2, 1994 PAGE 6 Sean Bennett, P. O. Box 1676, Lomita, suggested that the City award the contract to Mariposa, the second lowest bidder, thanked the City for the work over the last nine years and said he looked forward to continuing to work with the City on future contracts. Councilwoman Lyon moved, seconded by Councilwoman Brooks to adopt the staff recommendation. Motion carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON, BROOKS & MAYOR KUYKENDALL NOES: NONE It was the consensus that the City had no disagreement with Bennett, that this change was the result of the City's normal bidding process and that the record would not reflect any dissatisfaction with Bennett. REQUEST FOR CITY BOUNDARY ADJUSTMENT - 980 SILVER SPUR ROAD (1203) The August 2, 1994 staff report on this matter recommended support of the Levitt Family Trust's right to dedicate the parcel as open space with any future boundary adjustment to be performed by the City of Rolling Hills Estates. Councilman McTaggart moved, seconded by Mayor Pro Tem Byrd, to waive reading of the staff report. Motion carried. Mayor Pro Tem Byrd moved, seconded by Councilwoman Brooks to accept the property as dedicated open space to the City. ( By dedicating the property to the City as open space, the City maintains control over the future land use of the parcel. This option also serves the purpose the property owner is seeking which is to gain a tax advantage by donating land to a public agency.) TRANSIT ADVISORY COMMITTEE APPOINTMENT (106 X 301 X.1505) City Clerk Purcell presented the staff report of August 2, 1994 and the recommendation to (1) appoint alternate member Jean Longacre -Singh as a regular member of the Transit Advisory Committee; and, (2) Appoint one of the two candidates to the position of alternate. Councilwoman Brooks moved, seconded by Councilman McTaggart, to appoint Jean Longacre -Singh as a regular member of the committee with a term of office until December 1995. Motion carried. After one round of voting, Kevin Hamilton was appointed to fill the position of alternate with a term of office until December 1995, ADJOURNMENT: At 9:30 P.M. the meeting adjourned on motion of Councilman McTaggart. MATOR AT ST: CI CLERK a8 4CCAGEHDA CITY COUNCIL MINUTES AUGUST 2, 1994 PAGE 7