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CC MINS 19931116M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 16, 1993 The meeting of the Rancho Palos Verdes City Council was called to order at 7:04 P.M. by Mayor Pro Tem Steven Kuykendall at Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: KUYKENDALL, McTAGGART, BACHARACH AND MAYOR BROOKS ABSENT: NONE LATE ARRIVAL: MAYOR BROOKS AT 7:06 P.M. Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, City Attorney Carol Lynch, City Clerk Jo Purcell, Planning Director Bret Bernard, Public Works Director Trent Pulliam, Finance Director Brent Mattingly, Administrative Analyst Richard Otto, and Senior Administrative Analyst Veronica Dolleschel. (Mayor Brooks arrived at 7:06 P.M.) CEREMONIAL EVENTS: Mayor Brooks presented a tile plaque to Mayor Ken Servis of Rolling Hills Estates in recognition of his service to the community at large and in particular for his efforts in promoting cooperation between the Peninsula cities. Mayor Brooks next presented a Certificate of Recognition to Student of the Month Jocelyn Chew who is a 4.0 8th grade student at Palos Verdes Intermediate School. In addition to being an excellent student, Ms. Chew is active in the Math Club and is a member of the Mock Trial team which has reached the finals in the competition among schools in the Los Angeles County. In appreciation of his work in providing live coverage on election night, Mayor Brooks presented Steve Fowler, General Manager of Dimension Cable, with a proclamation honoring Dimension's services and the volunteers who assisted in providing "live" coverage on election night, November 2nd. APPROVAL OF AGENDA: Councilwoman Bacharach moved, seconded by Councilman Kuykendall to approve the agenda. Motion carried. APPROVAL OF CONSENT CALENDAR: The Consent Calendar was approved as follows on motion of Councilman Kuykendall, seconded by Councilwoman Bacharach. 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 SEPTEMBER 27 (JOINT MEETING WITH THE PLANNING COMMISSION), SEPTEMBER 27 (JOINT MEETING WITH THE VIEW RESTORATION COMMITTEE), OCTOBER 21, AND OCTOBER 30, 1993. CO- SPONSORSHIP OF NATURE HIKES (1201) APPROVED THE PALOS VERDES PENINSULA LAND CONSERVANCY'S REQUEST FOR THE CITY TO CO- SPONSOR EIGHT NATURE WALKS WHICH WILL BE CONDUCTED AT VARIOUS CITY LOCATIONS DURING 1994. GIFT FOR PARKS (1201) ACCEPTED THE GIFTS FROM FRIENDS OF POINT VICENTE INTERPRETIVE CENTER, AND FROM REACH PARENTS STEVE BACON AND CHRISTINE MEI AS DONATIONS FOR THE PARKS, PAVEMENT ANALYSIS FOR STARLINE, PARKHURST, AND NEWRIDGE DRIVES & SILVER SPUR CIP PROJECT (1204 X 1404) (1) AWARDED THE PAVEMENT ANALYSIS CONTRACT FOR STARLINE DRIVE, PARKHURST DRIVE, NEWRIDGE DRIVE AND SILVER SPUR ROAD TO LaBELLE•MARVIN, INC. FOR $8,206 PLUS $1,000 CONTINGENCY. (2) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH LaBELLE•MARVIN, INC. FOR THE PAVEMENT ANALYSIS WORK. CONSTRUCTION DESIGN - SILVER SPUR OVERLAY /RECONSTRUCTION CIP PROJECT (1204 X 1404) (1) AWARDED THE SILVER SPUR ROAD DESIGN CONTRACT TO MERIT CIVIL ENGINEERING INC., FOR AN AMOUNT NOT TO EXCEED $27,550 PLUS $3,000 FOR CONTINGENCY. (2) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH MERIT CIVIL ENGINEERING, INC. FOR THE CONSTRUCTION DESIGN WORK. CITY COUNCIL POLICY MANUAL (307 X 1101) ADOPTED CITY COUNCIL POLICY NO. 20 REGARDING VOTING IN AREA CHAMBERS OF COMMERCE AND LANDSLIDE ABATEMENT DISTRICT ELECTIONS. RESOL. NO. 93 -104 - REGISTER OF DEMANDS ADOPTED RESOL. NO. 93 -104 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: KUYKENDALL, McTAGGART, BACHARACH AND MAYOR BROOKS NOES: NONE PUBLIC HEARINGS CUP NO. 71 - APPEAL: LOCATION: (6470 SEACOVE DRIVE) (1203 X 1804) Mayor Brooks opened the public hearing on Conditional User Permit No. 71 and the City Clerk reported that notice of the public hearing had been duly published. Director Bernard announced that the applicant had requested that this matter be continued to December 7. 1993. Councilwoman Bacharach so moved, seconded by Councilman Kuykendall and carried. 1992 -93 FINANCIAL AUDIT (602) CITY COUNCIL MINUTES NOVEMBER 16, 1993 PAGE 2 Finance Director Mattingly presented the staff memorandum of November 16 and the recommendation to RECEIVE AND ORDER FILED THE 1992 -93 COMPREHENSIVE ANNUAL FINANCIAL REPORT AND THE CORRESPONDING AUDIT MANAGEMENT LETTER. Staff noted that the auditors had made certain recommendations: (1) that the City's investment policy be updated to allow investment in the Sewer Assessment District Bonds and that the City's investments be compared periodically to investments allowed per the investment policy to ensure that all investments are allowed under the policy; (2) that the City develop a formalized EDP disaster recovery plan and that backup tapes be stored at an offside location; (3) that the City perform an annual physical inspection of assets to verify that all property is properly accounted for; and ( 4 ) To help detect unauthorized payments, it was recommended that at least once a year, the Accounting Department require all employees to receive their checks in person directly from the Accounting Department personnel. Council complimented staff on receiving for the second year in a row an unqualified audit and especially for the fact that all departments had stayed within their budgets. Councilman Kuykendall moved, seconded by Councilwoman Bacharach to receive and file this audit. Motion carried. ORDINANCE NO. 295U & RESOL. NO. 93 -105 - ADMINISTRATION OF PARKING CITATIONS (306 x 1101 x 1502) Administrative Analyst Otto presented the staff memorandum of November 16th and the following recommendations (1) WAIVE FURTHER READING AND ADOPT THE URGENCY ORDINANCE ESTABLISHING THE UNIFORM PARKING CITATION PROCESSING PROCEDURES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF. (2) APPROVE THE AGREEMENT WITH THE SOUTH BAY MUNICIPAL COURT FOR THE TRANSFER OF RESPONSIBILITY FOR PARKING CITATION ADMINISTRATION. (3) ADOPT THE PROPOSED ESTABLISHING A PARKING VIOLATION PENALTY SCHEDULE. (4) AUTHORIZE TERMINATION OF THE CONTRACT WITH JUDICIAL DATA SERVICE FOR CITATION TRACKING SERVICES. (5) APPROVE THE AGREEMENT WITH TURBO DATA FOR CITATION PROCESSING AND ADMINISTRATIVE REVIEW SERVICES AND AUTHORIZE THE AGREEMENT TO BE JOINTLY ENTERED INTO WITH THE CITY AND THE CITIES OF ROLLING HILLS AND ROLLING HILLS ESTATES. ( 6 ) DIRECT STAFF TO REVIEW THE PARKING PROGRAM IN SIX MONTHS TO DETERMINE IF PARKING PENALTY RATES SHOULD BE ADJUSTED. Council requested that the ordinance be amended to prohibit payment of the . . . issuing . . . . . . . parking citation to the issuing officer. Additional discussion clarified the fact that the contractor should forward information on unpaid citations to the Department of Motor Vehicles who will then place a hold on the issuance of vehicle registration to those with outstanding tickets. Additional. discussion focused on the following: that while this program would produce revenue, there would be concomitant administrative expenses; at the six month review process the three cities should determine if this is the most efficient way to implement collection and determine the adequacy of the fees; and, if there was a date certain when the State's fee had to be remitted. Councilwoman Bacharach moved, seconded by Councilman McTaggart to waive further reading and ADOPT ORDINANCE NO. 295U ESTABLISHING THE UNIFORM PARKING CITATION PROCESSING PROCEDURES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF. The motion carried on the following roll call vote: AYES: KUYKENDALL, McTAGGART, BACHARACH, & MAYOR BROOKS NOES: NONE CITY COUNCIL MINUTES NOVEMBER 16, 1993 PAGE 3 Councilman McTaggart moved, seconded by Councilman Kuykendall to APPROVE THE AGREEMENT WITH THE SOUTH BAY MUNICIPAL COURT FOR THE TRANSFER OF RESPONSIBILITY FOR PARKING CITATION ADMINISTRATION. Motion carried. Councilwoman Bacharach moved, seconded by Councilman McTaggart to ADOPT RESOL, NO. 93 -105 ESTABLISHING A PARKING VIOLATION PENALTY SCHEDULE. Motion carried. Councilwoman Bacharach moved, seconded by Councilman Kuykendall to AUTHORIZE TERMINATION OF THE CONTRACT WITH JUDICIAL DATA SERVICE FOR CITATION TRACKING SERVICES, APPROVE THE AGREEMENT WITH TURBO DATA FOR CITATION PROCESSING AND ADMINISTRATIVE REVIEW SERVICES AND AUTHORIZE THE AGREEMENT TO BE JOINTLY ENTERED INTO WITH THE CITY AND THE CITIES OF ROLLING HILLS AND ROLLING HILLS ESTATES, AND DIRECT STAFF TO REVIEW THE PARKING PROGRAM IN SIX MONTHS TO DETERMINE IF PARKING PENALTY RATES SHOULD BE ADJUSTED. Motion carried. AGREEMENT WITH CHARLES ABBOTT ASSOCIATES - FY 1993 -94 (1204) Public Works Director Pulliam presented the staff memorandum of November 16 and the following recommendations: (1) AWARD THE FY 1993 -94 PROFESSIONAL SERVICES CONTRACT TO CHARLES ABBOTT ASSOCIATES FOR PUBLIC WORKS SUPPORT SERVICES. (2) AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CHARLES ABBOTT ASSOCIATES. Staff reported that they had reviewed the proposed rates and they were competitive with those of other engineering firms. It was pointed out that the scope of services was smaller than in the past because the City was bidding more projects on an .individual basis. The continued use of Charles Abbott Associates was contemplated both within the Public Works reorganization plan and the current budget. The reason for reorganizing the Public Works Department was purely a fiscal issue and was not due to dissatisfaction with Charles Abbott Associates but at this time they continue to provide an important role in maintaining some of the institutional memory of the organization. During Council discussion it was suggested that the City should continue to go to bid on specific projects and bid the General contract for supplemental assistance to the City Public Works staff next fiscal year. Council discussion concentrated upon the overtime rate for the traffic engineer and whether the City should pay that rate; how infrequently the engineer would have to be called out after normal business hours; and, reiteration of the fact that even though there were concerns about the overtime rate for the traffic engineer, this contract would still have to stay within budget. Lois Larue, 3136 Barkentine, spoke in opposition to this agreement and requested that Council consider the alternative of going out to bid. Council requested that on future contracts that reference to Proposition "A" funds be clarified as Proposition "Afl transit funds. Charles Abbott of Charles Abbott Associates, said they have provided consulting services for the City since 1990 without a rate increase, their rates are below the industry; they cannot provide service without a reasonable compensation rate; that the rate increase is due to the rise in the cost of living, and that they can't cut the City's rates below that which they charge to other clients. George Wentz, Senior Vice President of Charles Abbott Associates suggested that the hourly rate of $120 for the Senior Traffic Engineer /Manager be removed and if that service is required, the rate can be negotiated with the City Manager. Additional Council discussion centered on this transition period of the Public CITY COUNCIL MINUTES NOVEMBER 16, 1993 PAGE 4 Works Department during which the institutional memory provided by the Abbott organization was important, the fact that now there is a continuous stream of contracts going out to bid on a routine basis whereas previously they were included in this one contract with Abbott. Also, it was argued that it was important to remember that this contract was only for the remainder of the fiscal year and that there has been no contract with Abbott for over the past two years. Councilman Kuykendall moved, seconded by Councilman McTaggart to delete the rate for the Traffic Engineer and adopt the remainder of the staff recommendation. Discussion of that motion dealt with the practicality of such an arrangement whereupon, a substitute motion was moved by Councilwoman Bacharach, seconded by Councilman McTaggart to adopt the staff recommendation to: (1) AWARD THE FY 1993- 94 PROFESSIONAL SERVICES CONTRACT TO CHARLES ABBOTT ASSOCIATES FOR PUBLIC WORKS SUPPORT SERVICES WITH THE HOURLY SCHEDULE AS PRESENTED; AND, (2) AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CHARLES ABBOTT ASSOCIATES. That motion carried on the following roll call vote: AYES: KUYKENDALL, McTAGGART, BACHARACH, & MAYOR BROOKS NOES: NONE RESOL. N09 93 -106 - NOTICE OF INTENTION TO CONTRACT WITH LOS ANGELES COUNTY FOR SHERIFF (1101 X 1206) Assistant City Manager Antil presented the staff memorandum of November 16 and the recommendation TO ADOPT RESOL. NO. 93 -106 CONFIRMING THE CITY COUNCIL'S INTENT TO RENEW THE CITY'S AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT. Councilwoman Bacharach so moved, seconded by Councilman Kuykendall. The motion carried on following roll call vote: AYES: KUYKENDALL, McTAGGART, BACHARACH & MAYOR BROOKS NOES: NONE It was the consensus that staff should issue a press release relative to the crime statistics cited in the letter from Capt . Pettus, Commander of the Lomita' s Sheriff ' s Station. RESOL, NO. 93 -107 - SOBRIETY CHECKPOINTS. (1101 X 1206) Assistant City Manager Antil presented the staff recommendation of November 16th and following recommendations: (1) ESTABLISH FOUR SPECIAL HOLIDAY SOBRIETY CHECKPOINTS AND FIVE MISCELLANEOUS SOBRIETY CHECKPOINTS TO BE CONDUCTED BY THE L. A. COUNTY SHERIFF'S DEPARTMENT IN FISCAL YEAR 1993 -94. (2) ADOPT THE RESOLUTION NO. 93 -107 AMENDING RESOLUTION NO. 93 -44, FOR THE ESTABLISHMENT OF A SOBRIETY CHECKPOINT PROGRAM IN THE CITY. Councilwoman Bacharach moved, seconded by Councilman McTaggart to adopt the staff recommendation. The motion carried on the following roll call vote: AYES: KUYKENDALL, McTAGGART, BACHARACH & MAYOR BROOKS NOES: NONE RECESS: At 8:25 p.m. the Mayor declared a recess. The meeting reconvened at 8:35 p.m. PUBLIC COMMENT: Lois Larue, 3136 Barkentine Road, told the Council that she would like to serve on a City ethics committee. Roy Fulwider, 28219 Hazelridge, inquired about the rate that the County would CITY COUNCIL MINUTES NOVEMBER 16, 1993 PAGE 5 charge for plan checking. He stated that the County had a diverse staff that could do all of the engineering required by the City and rates wouldn't be as high. With regard to the recycling program, he said he would rather pay a fee than have to separate the trash which he felt was an inconvenience especially in inclement weather. Additionally, he said that whereas the recycling fund was originally to be spent on a beautification program that now it was being put into the general fund and he felt this was a misapplication of funds. With regard to County rates, staff responded that the matter of plan checking as it relates to building activity was being investigated and that a report will be prepared for the Council before the end of this fiscal year. Relative to the use of recycling funds, the City Manager reported that while the Long Range Finance Committee made the recommendation that the funds be put in the General Fund, this money has not been used for general purposes; instead, it has been split between code enforcement, graffiti removal and beautification. RESOL . NO. 93 -108 - SUPPORT OF THE SOUTH BAY CITIES ASSOCIATION" S RECOMMENDATIONS FOR THE REGIONAL COMPREHENSIVE PLAN (306 x 1204) Senior Administrative Analyst Dolleschel presented the staff memorandum of November 16 and the recommendation to ADOPT THE PROPOSED RESOLUTION ENDORSING THE SOUTH BAY CITIES ASSOCIATION'S PRELIMINARY RECOMMENDATIONS TO THE REGIONAL COMPREHENSIVE PLAN, AND AUTHORIZING CONTINUED PARTICIPATION BY THE CITY OF RANCHO PALOS VERDES IN THE SUBREGIONAL PLANNING PROCESS. Lois Larue, 3136 Barkentine Rd., stated she felt there was a lot of good stuff in this proposal. Councilman McTaggart reported that the next phase in this project is to get $200,000 in grant money to pay for a consultant to refine these elements over the next 18 months. The plan will then be presented to the State Legislature. He then requested that the resolution be amended to add another WHEREAS stating that this draft subregional strategy promotes the belief that cities are the primary agencies for delivery of services to citizens and know best how and when to implement regional goals. Councilman McTaggart moved, seconded by Councilwoman Bacharach to adopt as amended RESOL. NO. 93 -108 ENDORSING THE SOUTH BAY CITIES ASSOCIATION'S PRELIMINARY RECOMMENDATIONS TO THE REGIONAL COMPREHENSIVE PLAN, AND AUTHORIZING CONTINUED PARTICIPATION BY THE CITY OF RANCHO PALOS VERDES IN THE SUBREGIONAL PLANNING PROCESS. Motion carried. TELEPHONE SYSTEM UPGRADE (602) Finance Director Mattingly presented the staff memorandum of November 16 and the recommendation to: AUTHORIZE STAFF TO NEGOTIATE WITH AT &T TO UPGRADE THE EXISTING TELEPHONE SYSTEM TO INCLUDE VOICE MAIL AND OTHER ASSOCIATED EQUIPMENT. After a brief discussion of whether it would be more beneficial to get a new system instead of upgrading the existing system, Councilwoman Bacharach moved, seconded by Councilman Kuykendall to approve the staff recommendation. Motion carried. Lois Larue, 3136 Barkentine, spoke in opposition to the installation of voice mail. It was the consensus that to prevent the inappropriate use of the voice mail system, that the City Manager should prepare a policy on its use. CITY COUNCIL MINUTES NOVEMBER 16, 1993 PAGE 6 DISCONTINUANCE OF FIFTH TUESDAY MEETING (307 X 1101) City Manager Bussey introduced the proposed ORDINANCE AMENDING THE MUNICIPAL CODE TO ELIMINATE THE FIFTH TUESDAY OF THE MONTH AS A REGULAR CITY COUNCIL MEETING DAY. Council discussion centered on the original intent of the fifth Tuesday as possible work sessions with the various committees and commission, if this was an appropriate time to make a decision on this matter considering that two new members had just been elected to Council, and the fact that Council has probably met on many more dates than just the fifth Tuesday. Councilman McTaggart moved, seconded by Councilman Kuykendall to introduce the proposed ordinance. The motion failed on a two - two vote with Councilmembers Bacharach and Brooks voting in opposition. Councilman McTaggart moved, seconded by Mayor Brooks to table this matter until the new City Council members are seated. Motion carried. Coastal Commission hearing on Ocean Trails - Mayor Brooks reported that the Coastal Commission had approved the conditions for the Ocean Trails Project. Marymount Bus Service - Mayor Brooks reported that Marymount College is investigating running a van service between the college area and Miraleste Plaza to provide a connection to RTD Line 225 for residents of the area and for students at the College. Daladier Undergrounding District - City Manager Bussey reported that the Friday report will contain a schedule of the activity for this district. Staff also reported that the Friday report will also contain an up -date on the bids for repair of the drains in the Portuguese Canyon. ADJOURNMENT: At 9:32 P.M. Councilman Kuykendall moved to adjourn. {s YOR MA ATTEST: CITY CLERK a:111693MI CITY COUNCIL CITY COUNCIL MINUTES NOVEMBER 16, 1993 PAGE 7