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CC MINS 19940816 M I N U T E S REGULAR MEETING RANCHO PALOS VERDES CITY COUNCIL AUGUST 16, 1994 The meeting was called to order at 6:00 P.M. at the Hesse Park Community Center, 29301 Hawthorne Boulevard, by Mayor Kuykendall and immediately recessed to a closed session per the closed session agenda checklist. The meeting was reconvened at 7:00 P.M. by the Mayor. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BYRD, McTAGGART, BROOKS & MAYOR KUYKENDALL ABSENT: LYON 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, Acting City Attorney Craig Steele, Assistant Planner Fabio de Freitas and Senior Admin. Analyst Veronica Dolleschel. APPROVAL OF AGENDA: Councilwoman Brooks moved, seconded by Councilman McTaggart, to approve the agenda as presented. Motion carried. Speaking in opposition to Council support of AB2414 (Epple) was Lois Larue, 3136 Barkentine. Requesting that the Council add to the agenda the matter of Low Flying Helicopter Legislation was James Lissner, Box 264, Manhattan Beach. It was the consensus that Mr. Lissner should wait until Audience Comments to address the subject. APPROVAL OF CONSENT CALENDAR: After moving the Public Works Landscape and Drainage Maintenance Crew contract, the Roadway and Drainage Repair Crew contract and the Budget Appropriations item to a later part on the agenda, Councilwoman Brooks moved, seconded by Councilman McTaggart, to approve the Consent Calendar as follows: WAIVER OF FULL READING: Adopted a motion waiving 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 (301) APPROVED THE MINUTES OF AUGUST 21 1994. DALE HINKLE GEOLOGIC SERVICES EXTENSION (201 X 1203) AUTHORIZED STAFF TO EXTEND THE CURRENT AGREEMENT WITH DALE HINKLE, P.E. , INC., TO PROVIDE SOILS AND GEOLOGY CONSULTING SERVICES ON AN AS NEEDED BASIS TO THE CITY'S PLANNING, BUILDING & CODE ENFORCEMENT DEPARTMENT THROUGH THE CURRENT FY 1994-95. DEL CERRO PARK - RESTROOM FACILITIES (1201) DIRECTED THE RECREATION & PARKS COMMITTEE TO INVESTIGATE AND MAKE A RECOMMENDATION ON THE POSSIBLE NEED FOR AND INSTALLATION OF PERMANENT RESTROOM FACILITIES AT DEL CERRO PARK. LADERA LINDA HARDCOURT RESURFACING - NOTICE OF COMPLETION (1201 X 1204) (1) ACCEPTED THE WORK AS COMPLETE. (2) AUTHORIZED THE CITY CLERK TO FILE A NOTICE OF COMPLETION AND NOTIFY THE SURETY TO EXONERATE THE LABOR AND MATERIALS BOND IF NO CLAIMS ARE FILED DURING THE 35 DAY LEGAL NOTICE PERIOD; AND, (3) AUTHORIZED THE FINANCE DIRECTOR TO RELEASE THE RETENTION 35 DAYS AFTER THE NOTICE OF COMPLETION HAS BEEN RECORDED BY THE COUNTY RECORDER'S OFFICE. TRACT NO. 45667 (HASEKO) REDUCTION & EXONERATION OF BONDS (1204 X 1411) AUTHORIZED THE DIRECTOR OF PUBLIC WORKS AND THE CITY CLERK TO PARTIALLY REDUCE THE AMOUNT OF COVERAGE OF CERTAIN BONDS AND EXONERATE OTHER SUBDIVISION BONDS POSTED IN ACCORDANCE WITH THE SUBDIVISION AGREEMENT FOR TRACT NO. 45667. LEGISLATIVE ACTIVITY (306 X 1101) JOINED THE CITY OF PALOS VERDES ESTATES IN OPPOSING AB2414 (EPPLE) AS AMENDED WHICH PROPOSES TO PRECLUDE CITIES FROM CONTRACTING WITH CITIES OR COUNTIES OUTSIDE OF THEIR HOME COUNTY FOR PARKING CITATION PROCESSING SERVICES. REGISTER OF DEMANDS (602) ADOPTED RESOL. NO, 94-63. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: BYRD, McTAGGART, BROOKS & MAYOR KUYKENDALL NOES: NONE ABSENT: LYON VESTING TENTATIVE TRACT MAP NOS. 50666 & 50667 (OCEAN TRAILS) (1203 X 1411) Mayor Kuykendall opened the public hearing on this public hearing and City Clerk Purcell reported that notice had been duly published. Director Bernard reported that staff was requesting that this public hearing be continued to September 6, 1994. Mayor Pro Tem Byrd recused himself from discussion of this matter. Lois Larue, 3136 Barkentine, distributed a copy of a newspaper article regarding a water legislation bill. Stephen Carpenter, 6230 Scotmist Drive, spoke to the issue of preservation and transplantation of coastal habitat and the need for an accurate census of these items. Councilwoman Brooks moved, seconded by Councilman McTaggart to continue the public hearing to September 6, 1994. Motion carried on a three - one - one vote with Mayor Pro Tem Byrd abstaining (Lyon being absent) . CITY COUNCIL MINUTES AUGUST 16, 1994 PAGE 2 RESTORATION ADVISORY BOARD - SAN PEDRO NAVY DEFENSE FUEL SUPPORT POINT (601 X 1203) Director Bernard presented the staff report of August 16 and the recommendation to (1) APPOINT A MEMBER OF THE CITY COUNCIL; AND/OR (2) RECOMMEND ANOTHER CITY COMMISSION OR COMMITTEE MEMBER; AND/OR, (3) RECOMMEND A MEMBER OF THE PUBLIC TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF DEFENSE FOR PARTICIPATION ON THE RESTORATION ADVISORY BOARD FOR THE SAN PEDRO DEFENSE FUEL SUPPLY POINT. Council briefly discussed that the Navy is the convening authority for this proposed board and will draw from the pool of recommended candidates. The suggestion was made that perhaps the City should recommend two candidates. Councilman Byrd moved, seconded by Mayor Kuykendall, to recommend Gil Alberio as the City's candidate. Motion carried. Apropos the suggestion for a second candidate, Councilwoman Brooks moved, seconded by Councilman McTaggart that all advisory board chairs be contacted to determine if they had any candidate recommendations. Motion carried. COMMITTEE APPRECIATION RECEPTION (305 X 1101) It was the consensus of Council to establish the evening of Monday, December 5 at Hesse Park at 7:00 P.M. as the date, time and place for the committee appreciation reception. BACKYARD COMPOSTING PROGRAM (602 X 1204 X 1301) Senior Analyst Dol leschel presented' the staff memorandum of August 16 and the recommendations to (1) approve the proposed composting program key aspects of which included entering- into one or more agreements with local nurseries to provide discounted composting bins to City residents; provide one $20.00 composting bin subsidy per participating residential unit to a maximum of $15,000 to be paid with AB 939 funds; provide training in cooperation with the Los Angeles County Master Composter Program; conduct a quarterly give-away program for one year's free refuse service for participants; and monitor the program using a questionnaire; and, (2) adopt the proposed resolution amending Resolution No. 94-47, the budget appropriation for fiscal year 1994-95, for a Resol. No. 94-64 - Solid Waste Budget Adjustment Lois Larue spoke in opposition to the recommendations and suggested a central location be established to teach composting. Mayor Kuykendall moved, seconded by Councilwoman Brooks to approve the staff recommendation. Councilman McTaggart proposed a substitute motion to approve alternative No. 1 with a subsidy cap of $20 per bin with the maximum remaining at $15,000; additionally, that staff report in six months with an update on the program. The motion carried on a three - one - one vote (Lyon being absent) with Councilwoman Brooks voting in opposition. Mayor Kuykendall moved, seconded by Councilman McTaggart to ADOPT RESOL, NO, 94-64 AMENDING RESOLUTION NO. 94-47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1994-95, FOR A BUDGET ADJUSTMENT TO THE SOLID WASTE FUND. Motion carried on the following roll call vote: AYES: BYRD, McTAGGART, BROOKS & MAYOR KUYKENDALL NOES: NONE CITY COUNCIL MINUTES AUGUST 16, 1994 PAGE 3 ABSENT: LYON RESOL. NO. 94-65 - FY 1994-95 BUDGET AMENDMENT - PUBLIC WORKS PROJECTS (602 X 1204) Ms. Dolleschel presented the staff report of August 16 and the recommendation to (1) AMEND THE FY 1994-95 BUDGET TO INCLUDE PROJECTS AS LISTED ON EXHIBIT "A" TO THE STAFF REPORT. (2) ADOPT THE PROPOSED RESOLUTION AUTHORIZING AN ADJUSTMENT TO RESOL. NO. 94-47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1994-95, FOR A BUDGET ADJUSTMENT TO THE GENERAL FUND, PROPOSITION "A" FUND, SOLID WASTE FUND AND THE QUIMBY FUND. Ensuing Council discussion centered on the fact that these were Fiscal Year 93-94 approved projects and had been only partially completed in the last fiscal year. Concern was expressed about spending the $19,000 on emergency supplies, but it was argued that no funds had been expended on this item for several years. Council then proceeded to vote on these projects as follows: 1. Emergency Preparedness Supplies: Mayor Kuykendall moved, seconded by Councilwoman Brooks to approve this project. Motion carried. 2. Recycling Containers at Bus Stops/City parks: Concern was expressed about the necessity of placing recycling containers at the bus shelters and discussion concluded with the consensus that staff determine which bus stops needed recycling containers. 3. Bus Shelter Reconstruction: Councilman Byrd moved, seconded by Councilwoman Brooks to approve this project. Motion carried. 4. Bus Shelter Illumination: Discussion focused on the fact that some residents do not want to have lighting in the public right-of-way, the problems encountered with lighting fixtures in bus shelters and if the Sheriff had requested illumination of bus shelters. Councilman Byrd moved, seconded by Councilwoman Brooks to deny this project, Mayor Kuykendall and Councilman McTaggart, - however, voted in f avor of the project. This tie vote resulted in no action being taken on this project and the consensus was to place it on another next agenda. 5. RPV Park Service Access: Mayor Kuykendall moved, seconded by Councilman McTaggart to approve this project. Motion carried. 6. Hesse Park Carpet/Vinyl Flooring Replacement: It was the consensus to approve this project. Mayor Kuykendall moved, seconded by Councilman McTaggart to adopt as amended RESOLUTION RESOL. NO. 94-65 AUTHORIZING AN ADJUSTMENT TO RESOL. NO. 94-47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1994-95, FOR A BUDGET ADJUSTMENT TO THE GENERAL FUND, PROPOSITION "A" FUND, SOLID WASTE FUND AND THE QUIMBY FUND. The motion carried on the following roll call vote: AYES: BYRD, McTAGGART, BROOKS & MAYOR KUYKENDALL NOES: NONE ABSENT: LYON LEGISLATIVE ACTIVITY - SAVE OUR STATE (306) Speaking against support for this initiative was Lois Larue. CITY COUNCIL MINUTES AUGUST 16, 1994 PAGE 4 Councilwoman Brooks stated that she requested this initiative be placed on the agenda because of the billions of dollars being spent on services by the County of Los Angeles for illegal aliens. She said that the real purpose of this initiative was to make the Federal government assume responsibility for the illegal alien problem. She then moved that the Council support this initiative. Councilmembers then stated that while they were personally inclined to vote for this initiative they did not think the City should take a position on it. The motion to support the initiative died for lack of a second. Councilman Byrd moved, seconded by Mayor Kuykendall not to address the issue. The motion carried on a three - one - one vote (Lyon being absent) with Councilwoman Brooks voting in opposition. TRAFFIC COMMITTEE RESIGNATION & APPOINTMENT (106 X 301 X 1505) City Clerk Purcell presented the staff memorandum of August 16 and the recommendation that the City Council appoint a member to the Traffic Committee to fill the vacancy left by the resignation of Bruce Edelson. After one round of voting, George Uraguchi was appointed to the Traf f is Committee with a term of office until December 1995. RECESS & RECONVENE At 8:30 P.M. Mayor Kuykendall declared a recess. The meeting reconvened at 8:45 P.M. PUBLIC COMMENTS (307) Speaking to items not on the agenda were the following persons: Lois Larue requested that the Council appoint a Public Works Committee to oversee what is going on in the landslide area. Jim Lissner, 2715 El Oeste, Hermosa Beach, requested Council support for legislation which would increase the present 500 ft. minimum altitude for helicopters over coastal areas to a 1000 ft. minimum. He cited the efforts made by Homeowners in Encino who are seeking to get such a minimum imposed on inland helicopter flights. Mr. Lissner requested that the Council write or contact the FAA and contact our Federal legislators requesting their support for this legislation which was scheduled for deliberation on August 25, 1994. No action was taken. Robert Haase, 20 Sea Cove Drive, explained the problems he has encountered with after dark use of the beach in his neighborhood and presented a large package of unspent fireworks and cartridges he had collected along the beach. Citing the f ire hazard because of the shrubbery .and brush in the area, he suggested that the Council consider imposing an after dark curfew along the beach area. It was the consensus of Council to consider this matter along with other Abalone Cove matters scheduled for the September 6 meeting. DEVELOPMENT CODE REVISION PROGRAM (1203 X 1801) Director Bernard presented the staff memorandum of August 16, 1994 which detailed the status of the following Code revisions: Comprehensive Re-evaluation of Title CITY COUNCIL MINUTES AUGUST 16, 1994 PAGE 5 17, Residential Design Review Program/Neighborhood Compatibility Standards, Proposed Amendments to Proposition "M" (Height Variations) , Affordable Housing Revisions, Video Games, Horse Licensing and, Other Unexpected Revision Issues. Staff recommended that Council receive and file the report. After a brief inquiry about the availability of one document which would show the original version of the code and the changes made, Councilman McTaggart so moved, seconded by Councilman Byrd and carried. GRADING PERMIT NO. 1691 REVISION "A" UPDATE (1203 X 1801) Director Bernard presented the staff memorandum of August 16, 1994 and recommended that Council receive and file the report on this item but deny the applicant's most recent request to consider the importation of additional fill material from a nearby property as requested in the August 8 letter from the Burrell Group. Bruce Burrell, 87 Marguerite Drive, requested that they be allowed to move forward with the application to complete all of the conditions of approval. With regard to the request for moving fill from nearby property, he stated that this request would be made separately. Councilman Byrd moved, seconded by Councilman McTaggart that the applicant should complete the current plan and that the additional grading be treated as a separate item. Motion carried. AWARD OF CONTRACT - LANDSCAPE & DRAINAGE MAINTENANCE CREW - FY 94-95 & 95-96 (1204 X 1405) Director Pulliam presented the staff report of August 16, 1994 and the recommendation to: (1) AWARD A TWO-YEAR CONTRACT FOR PUBLIC WORKS LANDSCAPE AND DRAINAGE MAINTENANCE CREW TO LANDSCAPE WEST, INC. IN THE AMOUNT OF $71,664 FOR FY 1994-95 AND $85,348 FOR FY 1995-96 FOR A TOTAL CONTRACT AMOUNT OF $157,012; AND AUTHORIZE STAFF TO- SPEND UP TO AN ADDITIONAL $8,000 FOR CONTINGENCIES. (2). AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH LANDSCAPE WEST. (3) REJECT THE BID SUBMITTED BY SOUTH BAY GROUNDS MAINTENANCE. Speaking in opposition to this recommendation was Charles Abbott of Charles Abbott & Associates who stated his disagreement the City's interpretation of the submitted price based upon revised quantities. He questioned if performance standards had been set for both this contract and the Drainage Repair Crew contract and if his bid and that from Hardy & Harper had been compared on an equal basis. Director Pulliam responded that he was confident that staff had control over the level of service, had studied the Abbott standards but had difficulty understanding them, that the bids were revised and that the overall number of hours was reduced to some extent. Although this was a new approach staff was, nonetheless, confident that adequate controls were in place to maintain the level Of service while staying within budget. In response to Council inquiry, staff assured that there was an emergency service clause in the contract. Councilman Byrd moved, seconded by Mayor Kuykendall to (1) AWARD A TWO-YEAR CONTRACT FOR PUBLIC WORKS LANDSCAPE AND DRAINAGE MAINTENANCE CREW TO LANDSCAPE WEST, INC. IN THE AMOUNT OF $71,664 FOR FY 1994-95 AND $85F348 FOR FY 1995-96 FOR CITY COUNCIL MINUTES AUGUST 16, 1994 PAGE 6 A TOTAL CONTRACT AMOUNT OF $157,012; AND AUTHORIZE STAFF TO SPEND UP TO AN ADDITIONAL $8,000 FOR CONTINGENCIES. (2) AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH LANDSCAPE WEST. (3) REJECT THE BID SUBMITTED BY SOUTH BAY GROUNDS MAINTENANCE. Motion carried on the following roll call vote: AYES: BYRD, McTAGGART, BROOKS & MAYOR KUYKENDALL NOES: NONE ABSENT: LYON RESOL, NO. 94-66 - AWARD OF CONTRACT ROADWAY & DRAINAGE REPAIR CREW CONTRACT FOR FY 94-95 & 95-96 (1204 X 1405) Director Pulliam presented the staff report of August 16, 1994 and the recommendation to. (1) AWARD A TWO-YEAR CONTRACT FOR PUBLIC WORKS ROADWAY AND DRAINAGE REPAIR CREW TO HARDY & HARPER, INC. , TO PROVIDE SERVICES ON AN AS NEEDED BASIS FOR AN AMOUNT NOT TO EXCEED $185,558 FOR FY 1994-95 AND $233,999.80 FOR FY 1995-96 FOR A TOTAL CONTRACT AUTHORIZATION OF $4190,557.80; AND AUTHORIZE STAFF TO SPEND UP TO AN ADDITIONAL $21,000 IN CONTINGENCIES FOR EXTRA WORK. (2) AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH HARDY & HARPER, INC. (3) ADOPT THE PROPOSED RESOLUTION AMENDING RESOLUTION NO. 94-47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1994-95, FOR A BUDGET ADJUSTMENT TO THE GAS TAX FUND. Mayor Kuykendall moved, seconded by Councilman Byrd to adopt the staff recommendation. Motion carried on the following roll call vote: AYES: BYRD, McTAGGART, BROOKS & MAYOR KUYKENDALL NOES: NONE ABSENT: LYON RESOL. NO. 94-67 - CONTINUING APPROPRIATIONS FOR FY 94-95 (602 X 1204) Director Pulliam presented the staff report of August 16, 1994 and the recommendation to adopt the proposed resolution amending Resol. No. 94-47, the budget appropriation for fiscal year 1994-95, to continue certain expenditure appropriations from FY 93-94. A brief discussion clarified that these appropriations were being made for work contracted for and already started but not completed prior to the end of the last fiscal year. Councilman Byrd moved, seconded by Councilman McTaggart to ADOPT RESOL, NO. 94-67 AMENDING RESOLUTION NO. 94-47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1994-95, FOR CERTAIN CONTINUING APPROPRIATIONS FROM FISCAL YEAR 1993-94. The motion carried on the following roll call vote: AYES: BYRD, McTAGGART, BROOKS & MAYOR KUYKENDALL NOES: NONE ABSENT: LYON REPORT ON SATELLITE SURVEY SYSTEM (306 X 1900) Mayor Pro Tem Byrd gave a brief update on the completed installation of the orbiting satellites that will begin monitoring the three major landslides. This monitoring will be done by using radio signals beamed by 24 stations floating in CITY COUNCIL MINUTES AUGUST 16, 1994 PAGE 7 space and will enable geologists to detect movement and to evaluate the efforts made to stop the landslide. Known as the Global Positioning System, 58 monitoring sites have been identified in the three major slide areas at Portuguese Bend, Abalone Cove and Klondike Canyon. Satellite signals will be beamed down to these sites thereby permitting an ongoing study of the effects of the dewatering wells and storm culverts that are currently under consideration for installation. Councilman Byrd said that reports will be issued on this matter on an ongoing basis. HORSE LICENSING & BOARDING OF HORSES (104 X 1101) City Manager Bussey presented the staff report of August 16 and the recommendation that Council (1) INTRODUCE the proposed ORDINANCE REGARDING THE LICENSING OF HORSES. (2) DIRECT STAFF TO ADVERTISE FOR REQUIRED PUBLIC MEETING AND PUBLIC HEARING IN ORDER TO ADOPT THE NECESSARY BUSINESS LICENSE TAX AND HORSE LICENSING FEE. Speaking in support of the recommendation was Mesa Palos Verdes Homeowners Association President Ray Mathys, 5738 Whitecliff Drive, who summarized his letter of August 16, 1994 supporting the registration and licensing of horses which, in part, stated that this ". . . would provide the equine demographics needed to effectively address any and all issues involving horse-keeping and equestrian activity." (Mr. Mathy's letter is on file with the City Clerk's office. ) Stating opposition to this recommendation was Sunshine, 6 Limetree Lane, who inquired if there was a proposal to place identif ication on horses and the amount of the proposed license fee. She inquired if this would legalize boarding and suggested that a prohibition be placed on neutered male goats. Discussion of the license on individual horses dwelled on requiring a license for each horse, however, with regard to the fees for the boarding of horses, it was argued whether the fee should be based on the maximum number of horses that could be boarded on the property vis-a-vis zoning restrictions or on the reported number of boardings by the property owner. Discussion of the matter concluded with the consensus that staff should prepare a report within 60 days giving options on this aspect of the licensing program. REPORT ON CLOSED SESSION: Acting City Attorney Steele reported that Council had held a closed session per the Closed Session Agenda Checklist: that no action was taken under 54956.9(a) . Under Government Code Sect. 54956.9(c) , however, Council authorized initiation of a code enforcement case but that the name would be disclosed so service of process would not be jeopardized. ADJOURNMENT: At 10:10 P.M. the meeting adArnon motion of Councilman McTaggart. ATTEST:. v ' s CITY CLERK a:81694CCMINS AUG 16 94 CC MINUTES CITY COUNCIL MINUTES AUGUST 16, 1994 PAGE 8