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CC MINS 19941004M I N U T E S REGULAR MEETING RANCHO PALOS VERDES CITY COUNCIL OCTOBER 41 1994 The meeting was called to order at 7:00 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, and Mayor Kuykendall Absent: None. Also present were City Manager Bussey, Assistant City Manager Antil, City Attorney Lynch, Director of Environmental Services Bernard, Director of Public Works Pulliam, and Sr. Administrative Analyst Dolleschel. CEREMONIAL EVENT ( 3 0 4 ) Mayor Kuykendall presented the Citizen of the Month to Charles Abbott; presented a Proclamation to Henry E. "Chip" Scholz, of BFI, in recognition of their services donated to the July 4th Independence Day Celebration; and proclaimed October 9 -15, 1994, as "Fire Prevention Week." APPROVAL OF AGENDA Councilman McTaggart, seconded by Councilwoman Brooks, moved to approve the agenda as presented. There being no objection, it was so ordered by Mayor Kuykendall, APPROVAL OF CONSENT CALENDAR Ms, Lois Larue, 3136 Barkentine Road, addressed several issues with regard to the Consent Calendar. Councilwoman Brooks, seconded by Councilman McTaggart, moved 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 September 6, 19940 AWARD OF CONTRACT FOR HESSE COMMUNITY CENTER CARPET AND VINYL FLOORING REPLACEMENT (1201 x 1204) Awarded the contract for Hesse Community Center carpet and vinyl flooring replacement to Best Home Carpet for an amount not to exceed $10,998; authorized an. additional $1,000 for contingencies; and authorized the Mayor and the City Clerk to execute a contract with Best Home Carpet. NOTICE OF COMPLETION - FISCAL YEAR 1993 -94 SIDEWALK REPAIR PROGRAM: ALPHA OMEGA BUILDERS, INC. (1204 x 1405) Accepted the work as complete; 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 security by the contractor, notify the Surety Company to exonerate the payment.and performance bonds; authorized the Finance Director to release the retention 35 days after the Notice of Completion has been recorded by the County Recorder, contingent upon the contractor posting acceptable security. NOTICE OF COMPLETION - FISCAL YEAR 1993 -94 STREET STRIPING PROGRAM: SAFETY STRIPING SERVICES, INC. (1204 x 1404) Accepted the work as complete; 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, notify the Surety Company to exonerate the payment and performance bonds; authorize the Finance Director to release the retention 35 days after the notice of completion has been recorded by the County Recorder, contingent upon the contractor posting a warranty bond or acceptable security. NOTICE OF COMPLETION - STREET RESURFACING OF PALOS VERDES DRIVE WEST AND COLT ROAD TO THE NORTHERLY CITY LIMITS: SULLY MILLER CONTRACTING COMPANY (1204 x 1404) Accepted the work as complete; 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 security by the contractor, notify the Surety Company to exonerate the payment and performance bonds; authorized the Finance Director to release the retention 35 days after the Notice of Completion has been recorded by the County Recorder, contingent upon the contractor posting acceptable security. NOTICE OF COMPLETION - STREET RESURFACING FOR STARLINE PARKHURST AND NEWRIDGE DRIVE: SULLY MILLER CONTRACTING COMPANY (12 0 4 x 14 0 4 ) City Council Minutes October 4. 1994 Page 2 Accepted the work as complete; 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 security by the contractor, notify the Surety Company to exonerate the payment and performance bonds; authorized the finance director to release the retention 35 days after the Notice of Completion has been recorded by the County Recorder, contingent upon the contractor posting acceptable security. REGISTER OF DEMANDS (602) Adopted Resolution NO. 94 -850 The motion to approve the Consent Calendar carried on the following roll call vote: AYES: Brooks, Byrd *, Lyon, McTaggart, and Mayor Kuykendall. NOES: None. * - Councilman Byrd abstained with regard to Revisions to the Ocean Trails as noted in the September 6, 1994, minutes, on pages 3 -7. RECYCLING DRAWING (1301) The recycling winner for the month of August was the Donald Rosenblatt Family. RECYCLING TIP OF THE MONTH It was noted that the Fourth Annual South Bay Telephone Directory Recycling Drive is being held again during the month of October. Co- sponsored by GTE and Pacific Bell, all residents and businesses in Rancho Palos Verdes are encouraged to drop off any telephone directories at: GTE Central Office, 5841 Crest Road, Rancho Palos Verdes This is another important way residents can held the City meet the State's recycling mandates. Information regarding this month's Telephone Directory Recycling Drive can also be found on Channel 3. REGULAR BUSINESS RESOLUTION NO. 94 -86 - FISCAL YEAR 1994 -95 BUDGET AMENDMENT TO ADD BUS STOP /PARK RECYCLING CONTAINER PROJECT AND BUS SHELTER ILLUMINATION PROJECT (602 x 1204 x 1301) City Council Minutes October 41 1994 Page 3 RECOMMENDATION To amend the FY 1994 -95 annual budget to include the purchase of park and bus stop recycling containers and the installation of bus shelter lighting and to adopt Resolution No. 94 -86, amending Resolution No. 94 -47, the budget appropriation for Fiscal Year 1994 -95, for a budget adjustment to the Proposition "A" Fund and Solid Waste Fund. Senior Administrative Analyst Dolleschel reviewed the staff report (of record),, Ms. Lois Larue, 3136 Barkentine Road, expressed concern as to how the proposed recycling containers may impact the aesthetic appearance of the neighborhood. City Council discussion ensued with regard to the determination of whether such recycling containers are needed; the location of such containers; and the design of the containers. It was suggested that a Subcommittee be formed in order to review the above- mentioned issues on which Councilman McTaggart offered to serve. Mayor Kuykendall, seconded by Councilwoman Brooks, moved that the issue relative to the park and bus stop recycling containers be forwarded to the Subcommittee for recommendation to the City Council within one month. There being no objection, it was so ordered by Mayor Kuykendall. With regard to the installation of bus shelter lighting, the following motion was offered: Councilman Byrd moved to amend the FY 1994 -95 annual budget to include the installation of bus shelter lighting. The motion was seconded by Councilman McTaggart and roll call vote reflected the following: AYES: Brooks, Byrd, Lyons, McTaggart, and Mayor Kuykendall, NOES: None, BUSINESS SECTOR RECYCLING PROGRAM (1204 x 1301) RECOMMENDATION To approve the proposed Business Sector Recycling Program and to authorize the staff to prepare proposed amendments to the agreement for non - exclusive commercial collection and disposal services. Senior Administrative Analyst Dolleschel reviewed the staff report (of record) and provided clarification as to how this City Council Minutes October 4, 1994 Page 4 program will assist the City in meeting its AB 939 requirements; advised that, as mandated by AB 939, the City must divert 50 percent of its generated waste by year 2000; and noted that the proposed program will encompass all waste materials, not just paper. Councilwoman Brooks, seconded by Councilwoman Lyon, moved to approve the Business Sector Recycling Program and to authorize staff to prepare proposed amendments to the agreement for non - exclusive commercial collection and disposal services. There being no objection, Mayor Kuykendall so ordered. JULY 4TH INDEPENDENCE DAY CELEBRATION (1201) RECOMMENDATION To authorize payment to Mark Conte Productions for the production of the 1994 July 4th Independence Day Celebration and to provide staff with direction to either prepare an agreement with Mark Conte Productions for the conduct of the 1995 celebration or to notify him of the City's decision to eliminate future celebrations. Recreation Administrator Rosenfeld summarized the staff report (of record). Discussion ensued with regard to the continuation of this City Celebration, the exploration of other alternatives, and the possibility of scheduling this City Celebration at another time. Councilman Byrd, seconded by Mayor Kuykendall, moved to prepare an agreement with Mark Conte Productions to conduct the 1995 July 4th Independence Day Celebration, not to exceed $6,000, and to explore other alternatives for 1996. AYES: Brooks, Byrd, Lyon, McTaggart, and Mayor Kuykendall. NOES: None. ISLAND VIEW SEMI -GATE COMMUNITY (1204 x 1408) RECOMMENDATION To deny the Island View Homeowners' Association request to vacate a portion of Whitley Collins and to allow a selective entry gate to be installed. Should the Council wish to allow the Island View Homeowners' Association to minimize access to the development, Council should authorize staff to take the following City Council Minutes October 4, 1994 Page 5 steps: to close the entry to Whitley Collins by a permanent barricade, such as the installation of a curb or crash gate which would be locked at all times, and to make revisions to the tract Conditional Use Permit. Director of Public Works Pulliam presented the staff report (of record) . Speaking on behalf of the Island View Homeowners' Association, Mr. John Malin, 43 Santa Catalina Drive, advised the Councilmembers that the Association is not proposing to prohibit access to Whitley Collins; that the Association is only proposing to close Whitley Collins to vehicular access but not pedestrian access; and that although a surveillance booth is being proposed at Crenshaw Boulevard, no pedestrian and /or vehicular access will be restricted at this particular access point. He noted that police reports have indicated a significant rise in crime in this neighborhood, most of which are related to vehicular access to the neighborhood. Mr. Malin spoke in support of staff's recommendation that the Homeowners' Association establish a trust account and to require an appropriate deposit before staff proceeds with any actions. He noted that the request before the Council is in an effort to significantly improve the security throughout this particular neighborhood. Discussion followed with regard to the request with additional information provided by Mr. Malin as well as clarification by City Attorney Lynch with regard to the Vehicle Code, which precludes partial closure of streets. Councilman Byrd moved, seconded by Councilwoman Lyon, to proceed with negotiations with regard to the installation of a selective entry gate on Whitley Collins and to ensure agreements, including the requirement of an appropriate deposit, are in place prior to the City making a final decision relative to vacating a portion of Whitley Collins. (Following a brief discussion with regard to the above - mentioned motion, the motion was ultimately superseded.) Councilwoman Brooks moved to allow the Island View Homeowners' Association to initiate revisions to the Conditional Use Permit for the development and to direct staff to begin negotiations necessary to process the street vacation and indemnification request for Whitley Collins. The motion was seconded by Councilwoman Lyon and roll call vote reflected approval of the motion as follows: AYES: Brooks, Byrd, Lyon, and McTaggart. NOES: Mayor Kuykendall. City Council Minutes October 4, 1994 Page 6 FISCAL YEAR 1994 -95 SOURCE REDUCTION AND RECYCLING ELEMENT IMPLEMENTATION (1204 x 1301) RECOMMENDATION To authorize Charles Abbott Associates to implement the City's Fiscal Year 1994 -95 Source Reduction and Recycling Element (SRRE) Program per the proposal, dated September 19, 1994, at a not -to- exceed amount of $20,000 plus to authorize staff to spend up to $5,000 in contingency for a total of $25,000. Senior Administrative Analyst Dolleschel reviewed the staff report (of record); provided additional clarification with regard to the monthly $.75 AB 939 fee, which funds the SRRE Program; and further commented on staff's recommendation. Ms. Dolleschel briefly addressed the background and analysis of this matter which she said led staff to recommend Charles Abbott Associates versus soliciting additional proposal from other consultants. Ms. Lois Larue expressed her objection to approving this contract or any other contract to Charles Abbott Associates. Councilman Lyon moved to solicit additional proposals from other consultants through an informal process. The motion was seconded by Councilwoman Brooks. Roll call vote reflected disapproval of the motion as follows: AYES: Brooks and Lyon. NOES: Byrd, McTaggart, and Mayor Kuykendall. Councilman Byrd moved to award a contract to Charles Abbott Associates to implement the City's Source Reduction and Recycling Element Program per their September 19, 1994, proposal at a not -to- exceed fee of $20,000; plus to authorize staff to spend up to $5,000 in contingency for extra work for a total of $25,000 and to authorize the Mayor and City Clerk to execute and agreement with Charles Abbott Associates. The motion was seconded by Councilman McTaggart and roll call vote reflected approval of the motion as follows: AYES: Byrd, McTaggart, and Mayor Kuykendall. NOES: Brooks and Lyon. RECESS AND RECONVENE: At 8:45 P.M., Mayor Kuykendall declared a recess. The meeting was reconvened at 8:57 P.M. AUDIENCE COMMENTS FOR ITEMS NOT ON THE AGENDA City Council Minutes October 4, 1994 Page 7 Mr. Paul Scala, 6405 LeBlanc Place, expressed concern with regard to his termination from the View Restoration Committee and requested that a final decision be made with regard to his existing glass enclosure, which has been there for the past 15 years. VARIOUS MERIT PAY PROGRAMS (1101 x 1202) RECOMMENDATION Should the Council wish to make changes to the Employees' current pay program: to direct staff to bring back an amendment to the management employee personnel rules and competitive service employee personnel rules incorporating the desired changes and to authorize staff to solicit proposals to update the public sector compensation study completed in 1990. Assistant City Manager Antil reviewed the staff report (of record) and provided additional clarification. Councilman McTaggart, seconded by Mayor Kuykendall, moved to direct staff to bring forth a salary survey, to continue with a private /public sector compensation study, and to review other pay plan alternatives. Voice vote reflected unanimous approval. It was the consensus of the Council that a pay plan be explored for those exceptional employees. City Manager Bussey noted that a proposal would be presented at a later date. There being no objection, it was so ordered by Mayor Kuykendall, CITY COUNCIL REPORTS PROPOSITION NO. 186 - STATE HEALTH CARE REFORM INITIATIVE (306 x 1101) City Manager Bussey reviewed and expanded on the staff report (of record) and apprised the Councilmembers of the potential impact this Proposition could have on the City. Ms. Lois Larue expressed her support of the Proposition. Mr, Richard Bara, #1 Pepper Tree Drive, spoke in support of Proposition No, 186. After some discussion with regard to the support or opposition of the Proposition, the following motion was made: Councilman McTaggart moved that the City take a position of City Council Minutes October 4, 1994 Page 8 opposition on Proposition No. 186 -- State Health Care Reform Initiative. The motion was seconded by Councilwoman Brooks. There being no objection, Mayor Kuykendall so ordered. PROPOSED REGIONAL ONE -STOP FILM PERMIT CENTER (202 X 1101) Ms. Lois Larue expressed her support of the proposal. Because the proposal would add an additional, unnecessary level of bureaucracy, the City Council expressed its opposition to the proposal. Mayor Kuykendall moved that the City take a position of opposition with regard to the concept of a regional one -stop film permit center and noted that no part of Southern California Association of Governments (SCAG) dues be applied toward staffing should the proposal be approved and implemented at County level. The motion was seconded by Councilwoman Brooks. There being no objection, Mayor Kuykendall so ordered. LEGISLATIVE ACTIVITY: B -2 BOMBER PROGRAM (306 x 1101) RECOMMENDATION To join the Cities of El Segundo and Hawthorne in supporting continuation of the B -2 Bomber Program. Ms. Lois Larue expressed her opposition to this activity. During City Council discussion, it was noted that this program is essential in preserving the Nation's security. Councilwoman Brooks moved that the City take a position in support of the B -2 Bomber Program. The motion was seconded by Mayor Kuykendall. There being no objection, Mayor Kuykendall so ordered. REPORT ON CLOSED SESSION City Attorney Lynch reported that the City Council had met in closed session and has authorized the City Attorney's office to initiate some Code enforcement items with regard to two cases and requested, by the November 3, 1994, City Council meeting, additional information with regard to some other cases. City Council Minutes October 4, 1994 Page 9 ADJOURNMENT At 9:55 P.M., the meeting was formally adjourned. May ATTEST: Ci y Clerk City Council Minutes October 4® 1994 Pace 10