CC MINS 19900501M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
MAY 1, 1990
At 6:30 P.M. the meeting was called to order by Mayor Hughes
at Hesse Park Community Center, 29301 Hawthorne Boulevard.
CLOSED SESSION: The City Attorney requested a
closed session be held pursuant
to Gov't Code Section 54956.9 (a).
The regular business meeting was called to order at 7:30 P.M.
by Mayor Hughes. After the Pledge of Allegiance to the flag
roll call was answered as follows.
PRESENT: McTAGGART, HINCHLIFFE, RYAN, BACHARACH AND
MAYOR HUGHES
Also present were City Manager William Cornett, Jr.,
Environmental Services Director Robert Benard, Public Works
Director George Wentz, Deputy City Manager Mark Rohloff, City
Attorney Ariel P. Calonne and City Clerk Jo Purcell.
The City Attorney announced that the Council had held a
closed session pursuant to Gov't Code Section 54956.9 (a)
to confer with or received advice from legal counsel
regarding pending litigation a.s defined in said section, and
the cases of County of Los Angeles V. All Interested persons
in the matter of the Redevelopment Plan for Rancho Palos
Verdes Redevelopment Project; Assoc. of Property Owners
Against the Rancho Palos Verdes Improvement District No. 7-
Segreto V. City of.Rancho Palos.Verdes; Tondre V. the City of
Rancho Palos Verdes* and other issues of threatened
litigation were discussed*
WAIVER OF FULL READINGS Councilman Hinchliffe moved,
ORDINANCES AND RESOLUTIONS seconded by Councilwoman
Bacharach and carried to
waive reading in full of all ordinances and resolutions
adopted at this meeting with consent to the waiver of reading
deemed to be given byall councilmembers after reading of the
title of such ordinance or resolution.
APPROVAL OF AGENDA The agenda was approved on
motion of Councilwoman
Bacharach, seconded by
Councilman Hinchliffe
and carried.
CONSENT CALENDAR After removal of the
Legislation item which was
discussed later in the meeting,
the consent calendar was approved as follows on motion of
Councilman Hinchliffe, seconded by Councilwoman Bacharacho
RECYCLE LOTTERY No winner was chosen for the
month of May for the recycling
lottery.
BUILDING AND SAFETY CONTRACT- Councilman McTaggart moved,
RECONSIDERATION (201) seconded by Councilman Ryan to
reconsider the award of the
contract for Building and Safety which was approved by the
City Council at the April 17th meeting. The 'Motion carried
on a 3-2 vote with Councilmembers Hinchliffe, Bacharach and
voting in opposition*
Council discussed if when two identical bids are received
if this was an opportunity to negotiate; between the bidders;
the fact that there was quite a bit of difference in the bids
when initially received- and if the City Manager had taken
any action to implement the contract. Councilman Ryan moved,
seconded by Councilman McTaggart that the staff bring back to
the next meeting a report on the bid comparisons.
(Later during discussion the second was withdrawn.)
City Manager Cornett then summarized the history on the
preparation of this proposal in October of 1989 and its
subsequent dissemination to engineering companies* He
reported that an addendum was also distributed to clarify
projections on building and safety fees. Five quotations
were received on the original RFP and three were on the
addendum. The City Manager went on to explain that on the
revision, Pacesetters bid 75% of the fee; Scopes bid 70% of
the plan check fee and when computed it came to within $4
of the quotation given by Charles Abbott Associates. He
commented that the savings to the City by having the addendum
published on this RFP was $30,000. Continuing with the
proposal's history, Mr. Cornett reported that the Scopes bid
was received on March 27th, the Abbott bid on March 28th;
they were both delivered to him personally and were hand
delivered. He said that the correspondence was kept in his
custody until the City Council report was completed by him.
Additional Council discussion ensued regarding the
calculation for the Scopes bid versus the Abbott bid; how
negotiations could be possible with these two bidders; why
the RFP was prepared in such a way that responses submitted
were not uniform- the basis on which the bids were
calculated; the fact that the Willdan and Abbott bids were
-2- MAY 1, 1990
identical, the fact that -the Abbott contract has a cap; and
if the rates listed for personnel on the Abbott bid were the
current. Discussion then focused on what would happen if in
case of the Abbott contract where a cap was set and the
workload decreased; the hourly rates paid to contractors;
and, the meaning of the transfer of the 70% plan check fee.
Councilwoman Bacharach moved, seconded by Councilman
Hinchliffe to reaffirm the Council's April 17th motion and
let the Building and Safety contract to Charles Abbott
Associates. The motion carried on the following roll call
vote:
AYES* McTAGGART, HINCHLIFFE, BACHARACH AND MAYOR
HUGHES
ABSTAIN: RYAN
MINUTES Approved the minutes of March
20, 1990 and April 2, 1990.
ORDINANCE NO. 254 Adopted ORDINANCE NO. 254 OF
FENCES, WALL AND HEDGES THE CITY OF RANCHO PALOS VERDES
(1001) APPROVING DEVELOPMENT CODE
AMENDMENT NO. 29 AND AMENDING
CHAPTER 17.42 OF THE RANCHO PALOS VERDES MUNICIPAL CODE
RELATING TO FENCES, WALLS AND HEDGES.
ORDINANCE No. 255 - PROCEDURES Adopted ORDINANCE NO. 255 OF
FOR BUDGET ADMINISTRATION THE CITY OF RANCHO PALOS VERDES
(602) ADDING CHAPTER 3.32 TO TITLE 3
OF THE RANCHO PALOS VERDES
MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF PROCEDURES -
FOR BUDGET ADMINISTRATION.
EXTENSION OF CONTRACT -
WILLIAM F. CORNETT
(1101 X 1201)
at the daily rate as provided
CLAIM AGAINST THE _CITY -
AMERICAN INTERNATIONAL
ADJUSTMENT COMPANY (303)
Adopted the extension of the
contract with William F.
Cornett to June 9, 1990 with
payment for any Saturday work
therein.
Rejected the claim and
directed the City Clerk to
notify the claimant.
LANDSCAPE & OPEN SPACE (A) Adopted RESOLUTION NO.
DISTRICT NO. 1 (901) 90 -26 DECLARING ITS INTENTION
TO LEVY AND COLLECT ASSESSMENT
FOR FISCAL YEAR 1990 -91 FOR A LANDSCAPING MAINTENANCE
DISTRICT (LANDSCAPE AND OPEN SPACE MAINTENANCE DISTRICT NO.
1 }.
-3- MAY 1 , 1990
(B) Adopted RESOLUTION No. 90 -27 ORDERING THE PREPARATION OF
AN ENGINEER'S REPORT IN CONNECTION WITH A LANDSCAPING
MAINTENANCE DISTRICT (LANDSCAPE AND OPEN SPACE MAINTENANCE
DISTRICT NO. 1)9
LANDSCAPE & OPEN SPACE (A) Adopted RESOLUTION NO. 90-
DISTRICT NO. 2 (901) 28 DECLARING ITS INTENTION TO
LEVY AND COLLECT ASSESSMENTS
FOR FISCAL YEAR 1950 -91 FOR A LANDSCAPING MAINTENANCE
DISTRICT (LANDSCAPE AND OPEN SPACE MAINTENANCE DISTRICT NO.
2 ).
(B) Adopted RESOLUTION NO. 90 -29 ORDERING THE PREPARATION OF
AN ENGINEER'S REPORT IN CONNECTION WITH A LANDSCAPING
MAINTENANCE DISTRICT (LANDSCAPE AND OPEN SPACE MAINTENANCE
DISTRICT NO. 2).
RESOLUTION NO. 90 -30 Adopted RESOLUTION NO. 90 -30
REGISTER OF DEMANDS 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; McTAGGART, HINCHLIFFE, RYAN, BACHARACHAND
MAYOR HUGHES
NOES: NONE
VARIANCE NO. 245 - The City Attorney said that
COASTAL PERMIT #79 - the applicant in this
(1804) matter was one of his partners
in the law firm of Richards,
Watson and Gershon, and requested to be excused from
participating in the discussion of this item. Councilman
Hinchl iff a also re- quested that he be excused from
participating in this item since he lives in the near
vicinity of this project.
The Environmental Services Director presented the May 1st
staff memorandum and the recommendation to adopt a resolution
denying the appeal thereby upholding the Planning Commission
approval of the project with conditions.
Council inquired if this house could be built under present
day circumstances and rules of the Development Code; if the
house was encroaching into the front set -back; and the
rational for the Planning Commission's decision on this
project.
-4- MAY 1 , 1990
Representing the Planning Commission was Chairman Robert
McNulty, 19 Mustang Road, who stated that the Commission did
not feel that this project was intrusive* that it was
appropriate under the circumstances, and that the Commission
felt it would be more appropriate to leave the slope area as
it presently exists.
Kim Paterson, 98 Yacht Harbor Drive, the applicant in this
matter, voiced her objections to the restrictions proposed by
staff, in particular #5, #7 and #17 as listed on Exhibit "A"
to the staff report. These restrictions dealt with
prohibitions on additional lot coverage* removal and
reduction of the solid wood fence in the front yard set-back
and the requirement for recordation of a covenant prohibiting
further additions on the property.
Councilwoman Bacharach moved, seconded by Councilman
McTaggart to close the public hearing. The motion carried.
Councilman Ryan moved, seconded by Councilwoman Bacharach to
deny the appeal and remove conditions #4, 5 and 18. The
motion failed on a 2-2-0 vote with Councilmember McTaggart
and Mayor Hughes voting in opposition.
Councilman McTaggart moved, seconded by Mayor Hughes to deny
the appeal and that staff should clarify the language in
condition #18 of the exhibit. The motion carried on a 3-1-0
vote.with.Councilman -Ryan voting. no.
VACATION OF PUBLIC STREETS - The Mayor opened up the public
TRACT NO* 33206 (1408 x.1411) hearing and the City Clerk
reported that notice had been
duly published.- The Director of Environmental Services
presented the staff report of May 1st and the recommendation
to deny the appeal and approve the vacation of the public
streets within the tract, subject to conditions.
Council inquired whether all the homes in the tract had been
sold; and if these private streets would be maintained on a
special district basis by the homeowners,group,
Del Freeman, 8 Paseo De Pino, representing the Rancho Palos
Verdes Estates Homeowners Association, stated his support for
making these streets private since this tract had been
originally designed to be private.
Council inquired if the homeowners association was in
agreement with what.had been approved by the City Council in
19820
Tom Campbell, 12 Paseo De Pino, representing the Rancho Palos
Verdes Estates Homeowners Association gave a brief video
-5- MAY 1, 1998
presentation depicting the character of the neighborhood and
in particular he explained that the streets in the tract were
narrow and could not accommodate flow through traffic that
currently use the cul-de-sacs as a turn around point.
Speaking in support of making these streets private was Jim
Amormino, 4215 Palos Verdes Dr. South, owner of The Great
American Security Company, He explained the security
problems experienced in the area because of its remoteness I
the gang and graffiti problems in the area. Lawrence Baker,
Jr., 10 Paseo De Pino, also representing the Rancho Palos
Verdes Estates Homeowners Association, presented a prepared
statement dated May 1, 19900 (This statement is on file with
the City Clerk's Office).
Speaking in opposition to the privatization of these streets
was Robert McNulty, Chairman of the Planning Commission. He
cited part of the problem as the virtual abandonment of this
tract by the developer for almost two or three years and said
that vacating these streets would be a short cited solution
to the problem.
Councilman Ryan moved, seconded by Councilman Hinc'hliffe . and
carried to continue this matter to the May 15th meeting.
Staff was requested 'to furnish the City Council with full
police reports on the activities in this area and additional
information regarding on-street parking and background on
past Planning Commission and City Council action of similar
requests for this tract,
(At 99436 P.M. Councilman Hinchliffe left the meeting)
RECESS AND RECONVENE At 9:43 P.M. the Mayor declared
a recess. At 9.50 P.M. the
meeting reconvened.
AUDIENCE QUESTIONS,
Lois Larue, 3136 Barkentine Dr., who alluded to a range of
subjects: adherence to the General Plan insofar as the
protection of paleontological sites were concerned,
contributions from Barry Hon; restriction on department heads
working for developers* and the percentage of women on city
committees,
Robert McNulty, 19 Mustang Rd., Chairman of the Planning
Commission, presented a letter from the Fair Political
Practices Commission dealing with the issue of conflict of
interest for Planning Commissioner Peter Von Hagen. (This
letter is on file with the City Clerk's Office.)
-6- MAY 1, 1990
ORDINANCE NO. 256 -
Councilwoman Bacharach moved,
FALSE ALARM ORDINANCE
seconded by Mayor Hughes to
1206)
waive further reading and
introduce ORDINANCE No. 256 OF
THE CITY OF RANCHO PALLS VERDES AMENDING CHAPTER 9.04 OF
TITLE 9 OF THE RANCHO PALOS
VERDES MUNICIPAL CODE RELATING To
BURGLAR ALARMS.
DOG LICENSE FEES -
Administrative Analyst Ken
INCREASE (104)
Blaire, presented the staff
memorandum of May 1st and the
recommendation (1) that the
Mayor and City Clerk be
authorized to sign*the amended agreement with the Humane
Society for services during
1990 -91 in the amount of $93,206.
(2) That the City Council increase
the dog license fees to
$11 and $22 beginning .duly
1, 1990 and that the proposed
resolution establishing these rates by adopted.
Council inquired about the length of time these rates have
been in effect, why the penalty fees were not being
increased and the amount of subsidy that the City would be
willing to commit for this program. It was the consensus
that staff should review increasing the subsidy and look at a
rate of $12 to $24; report back on the level of subsidy that
would be required and what could-be recovered in late fees.
It was the consensus that this item would be placed on the
May 15th agenda.
RECYCLING GRANTS - Public Works Director Mentz
(1301) presented the staff :memorandum
of May 1st and the
recommendation to award the grant applications as outlined on
Exhibit "A" of the staff report. Council inquired of the
Council sub committee (Bacharach'& Ryan) the criteria used in
determining if a homeowners association would get $1,500 or
$3,000. Discussion ensued about projects that would have
Citywide benefits and that were on major arterials.
Barbara Shen, 7105 Via Del Mar, representing the Sunset Ridge
Homeowners Association, requested that the Council consider
awarding $3,000 to that association to complete the strip of
land contiguous to Hawthorne Boulevard and Sunset Ridge
common areas. She presented pictures of the area and told
the Council that it-was -their intention to plant low
maintenance, drought tolerant plants in the area.
Council expressed concern about landscaping the bus stop area
Council inquired-if bonds were outstanding-on this tract and
if any money was available to cover the cost involved,in this
landscaping. It was the consensus that staff should prepare
a recommendation for building a bus bench pad in the area.
Also speaking in support of this request for $3,000 was
-7- MAY 1, 1990
Jeffrey Cameron, 30963 Via La Cresta, representing the Sunset
Ridge Homeowners Association, and the fact that bonds
were being, released on certain items, however the area in
question had not been covered by any of these bonds,
Councilwoman Bacharach moved, seconded by Councilman Ryan to
amend the recommendation and award a grant to the Sunset
Ridge Homeowners Association in the amount of $3,000 and that
all of the other grants on Exhibit "A" remain as presented.
The motion carried on the following roll call vote:
AYES: McTAGGART, RYAN, BACHARACH AND MAYOR HUGHES
ABSENT: HINCHLIFFE
CITY COUNCIL REPORTS,
WEST MOSQUITO ABATEMENT Councilman Ryan presented his
BOARD (801) request to the Council that he
be appointed to the Board for
a four-year term. A brief discussion ensued whether it would
ever be possible to have a presentation on that Board's,
activities in the event of alight City Council agenda.
Councilman McTaggart moved, seconded by Councilman Ryan to
re-appoint Councilman Ryan to a four-year term on the West
Basin Mosquito Abatement District Board, the motion carried.
P.V. LAND CONSERVANCEY
SHORELINE PARK (1201)
the Mountains Recreation and
funds for the acquisition of
the proposed Parkland Conser,
Mayor Hughes presented the
draft of a letter proposed to
be sent to Esther Feldman of
Conservation Authority regarding
natural land in the City from
vation Act of 19.90,
Speaking in support of this proposal were David Bence and
Bill Ailor, representing the Palos Verdes Land Conservancy.
Ensuing discussion centered on how site specific the draft
could be and it was the consensus that reference should be
made only to items identified in the General Plan.
Councilwoman Bacharach moved, seconded by Mayor Hughes to
send the letter as modified. The-motion carried,,
REGIONAL SHERIFF (1206) Mayor Hughes reported.on the
new radar equipment that would
be purchased by the Sheriff's Department and the
availability of extra radar guns. These guns will be rotated
amongst the Regional Sheriff's cities. He reported on the
new speed detection devices that display the speed of passing
motorists and indicated that the Regional Sheriff's Committee
is investigating their purchase. He reported these will also
be made available to community and homeowner groups. .
-.8- MAY 1, 1990
EARTH DAY REPORT (305): Mayor Hughes reported on the
activities conducted for Earth -
Day.* approximately 70 people met a City Hall and planted 25
trees at the Ladera Linda site.
LANDSLIDE SUBCOMMITTEE Mayor Hughes reported that
REPORT (1801) during the last meeting the
subcommittee directed Charles
Abbott to put together a program for lobbying on behalf
of the City's efforts for the landslide area. Mr. Abbott
will be contacting- City Council members to discuss areas for
Council lobbying.'
FRANK EXEMPTION- Councilman Ryan inquire whether
RECONSIDERATION (1801) any restriction's had been
placed on the permit for the
Gene Frank home which would restrict the installation of
plumbing. It was the consensus that such restrictions had
been placed on additional water usage. A b rief discuss-ion
ensued regarding how these restrictions would preclude any
additional plumbing filxtures and it was the consensus that
staff would review I the language contained in the development
code to clarify the intention that additional plumbing
fixtures could not be installed.
ITEM REMOVED�'FROM THE
CONSENT CALENDAR*
LEGISLATION (306) Councilman McTaggart
questioned if,the City should
support this amendment to the Gann limitation. A brief'
discussion then ensued about the gas tax, the last time it
had been increased. and if the Gann limitation was tied
specifical-ly to the California CPI. Councilwoman Bacharach
moved, seconded by Mayor Hughes to support proposition 111,
108, SB88, and AB 3050, and to oppose AB 3458 and SB 1835;
additionally; that staff was to examine the League of
California Cities bulletin regarding SB 2882 (-Presley) and
prepare a letter of support for the League's opposition to
that bill for the Mayor's signature. The motion carried with
Councilman McTaggart voting no on support of Proposition 111.
Staff was requested to send a letter of support to the:'.,
campaign committees of Proposition 111 and 108.
CITY MANAGER REPORTS:
PURCHASE ORDINANCE (602) City Manager Cornett presented
the proposed ordinance for a
purchasing system'.
Subsequent discussion focused on how responsible bidder is
defined and if that should be so-defined within the
ordinance,* the amount of control this system provided over
-9- MAY ly 1990
service contracts; if the restriction prohibiting city
employees from bidding on surplus property should be left in
the ordinance
Councilwoman Bacharach moved, seconded by Mayor Hughes to
refer this draft. to the City Attorney with the understanding
of the need for clarification.of the lowest responsible
bidder provision.
BID OPEN POLICY (306 x 602) Councilman McTaggart requested
that the Council adopt a policy
requiring bids be opened at City Council meetings.
After discussion it was the consensus that staff should
devise a bid opening policy whereby bids would be received
and stamped by the City Clerk and opened in the presence of
the appropriate department head and the Finance Officer.
PERIODIC FINANCIAL REPORTS City Manager Cornett presented
(602) the May 1st memorandum and the
recommendation that the City
Council authorize preparation.of an ordinance amendment with
the language to provide for periodic financial reports to the
City Council on at least a quarterly basis,
Councilwoman Bacharach moved, seconded by Councilman
McTaggart to adopt the staff recommendation. The motion
carried.
The request was also made that such a requirement would be
needed for the Redevelopment Agency.
PERSONNEL ORDINANCE (1202) City Manager Cornett presented
the draft of the personnel
ordinance,
Councilman McTaggart moved, seconded by Councilman Ryan to
adopt the staff recommendation that the City Manager be
directed to post the draft ordinance, receive comment and
report back to the Council by June 6th.
STATUS OF COUNCIL
DIRECTIVES
ZONING BOARD Council requested that this
(1804) item be renamed to "changes and
procedure" and that they be
given an outline on the zoning ordinance for those areas that
need to be revised.
SEACOVE UNDERGROUNDING.. The City Attorney reported
(901) that he would prepare a report
-10- MAY ly 1990
to the City Council regarding the delays in this
undergrounding district.
ZUCKERMAN APPLICATION
STORAGE AT CITY HALL SITE
(302)
that exists on the City Hall
Council requested a timetable
on the Zuckerman application.
Council requested that staff
investigate the possibility
of screening the storage area
site.
WORKSHOP VMS/ANDEN It was the consensus that the
(307) May 31st work session would be
devoted to the Transamerica
item and that the second part of the meeting would be a
budget work session: the VMS/Anden prescreening workshop
was set for 6:30 P.M. on June 19th.
ADJOURNMENT. At 124*900 A.M. the meeting
adjourned to Saturday, May 5th
at 8.*45 A.M. for a closed session to interview candidates for
the position of City Manager, said meeting to take place at
the Holiday Inn, Torrance.
ATTEST.
CITY CLERK
-11- MAY 1, 1990