CC MINS 19900807M I N U T E S
RANCHO PALMS VERDES CITY COUNCIL
REGULAR MEETING
AUGUST ?, 1990
The meeting was called to order at 6;30 P.M. by Mayor Pro -Tens
John McTaggart at Hesse Park Community Center, 29301
Hawthorne Boulevard and immediately recessed to a closed
session.
The regular meeting was called to order at 7:30 P.M._
The City Attorney announced that the City Council had held a
closed session pursuant to Government Code Section 54956.9ta?
and discussed the sale of the property at 5672 Sunmist,
Tumanjan V. City of Rancho Palos Verdes and threatened
litigation.
Following the Pledge of Allegiance to the flag, roll cal1.wa.s
answered as follows:
PRESENT: McTAGGART, HINCHL FFE, RYAN AND BACHARACH
ABSENT: MAYOR HUGHES
Also present were City Manager:Paul D. Bussey, Deputy City.
Manager Mark Rohloff, Environmental Services Director Robert
Benard, Public Works Director George [Wentz, City Attorney
Steve Dorsey, Director of Recreation and Parks Mary Thomas
and City Clerk Jo Purcell.*
WAIVER OF FULL READINGS Councilwoman Bacharach moved,
ORDINANCES AND RESOLUTIONS seconded by Councilman
Hinchliffe 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 by all 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.
CEREMONIAL MATTER Mr. Martin Gombe rt ,
representing ATE Management, the transit provider contracted
by the City, presented to the Mayor the Safety Award from the
National Safety Council in recognition of the good safety
record of PV Transit.
CONSENT CALENDAR The consent calendar was
modified to remove the CEQA
Resolution, the Sign Permit Fee Waiver and the Salary Survey.
and was subsequently approved as follows on motion of
Councilman Hinchliffe, seconded by Councilman Ryan
MINUTES Approved the minutes of
July 17, ,Tune 19, May 31, May
29, and May 25, 1990.
(Coucilmembers Bacharach and McTaggart abstained from voting
on the minutes of July 17 Councilman McTaggart also
abstained from voting on the minutes of May 31, 1990.)
BRONCO AND NARTINOALE DRIVE (1) Accepted the work as
RESURFACING PROJECT ( 1404 ) completed for the resurfacing
of Bronco and Martingale Drive
in the amount of .$97,600. (2) Directed the City Clerk to
file a Notice of Completion and notify the surety to
exonerate the contract bonds. (3) Authorized the Finance
Director to release the retention if no claims have been
filed against the contractor in the allowable time period.
DEL CERRO UNDERGROUND (1) Accepted the completed
PROJECT (901) work on Rancho Palos Verdes
Improvement District #9, Del
Cerro Underground Project, in the amount of $392,197. (2)
Directed the City Clerk to file a Notice of Completion and
notify the surety to exonerate the contract bonds. (3)
Directed the Finance Director to release the retention 35
days after the notice is recorded if no claims have been
filed against the contractor during that period.
CLAIM AGAINST THE CITY Rejected the claim and directed
BY PEGGY ROMAN (303) the City Clerk to notify the
claimant.
SLURRY SEAL PROJECT
Awarded the FY 90 -91 Slurry
FISCAL YEAR 1990 -91
Seal contract to Pavement
(1404)
Coatings Inc, for an amount
not to exceed $135,000 and
provided a contingency of
$13,500 for a total amount of
$148 , 500 .
RESOLUTION NOo 90 -62
Adopted RESOLUTION No. 90-62-
REGISTER OF DEPG%NDS
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:
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AYES: HINCHLIFFEr BACHARACH, RYAN AND MAYOR PRO TEM
. McTAGGART
I
ABSENT** MAYOR HUGHES
VACATION OF SEA RAVEN DRIVE The Mayor Pro Tem opened the
(1408) Public Hearing and the City
Clerk announced that notice of
the hearing had been duly published and posted and no written
protests were received by the,Cityo
The Director of Public Works presented the staff memorandum
of August 7th and the following recommendations. (1).
determine conditions of approval for vacation of the street
right-of-way. (2) direct staff.to return at the next meeting
with a resolution containing the conditions of approval.
Jean Longacre, 6.Martingale Drive,, said she wasagaInst the
vacation because.it would be:a lessening of,the ambiance
of the City and was concerned about the tunnel effect it
would cause. She disagreed with the three foot-wide footpath
and suggested that it be widened.
Valerie Tribelhorn, 3578 Heroic Drive, spoke in favor of the
vacation because it would discourage the traffic in the cul-
de-sac, however, she wanted public access to the trail.
James-Bowman, 32338 Sea Raven, also spoke in favor of the
vacation and requested that it be granted on an unconditional
basis.
Sam Rubino, 32507 Sea Raven, explained the problems that
currently exist with the-,unwanted traffic - in the area and the
vandalism that has occurred in the vicinity. - She requested
that the City investigate the appropriate access to her
property*
Sunshine, 6 Limetree, summarized the background of the
Traffic Committee deliberations on this matter.
Paul Weisz-, 3236 Phantom Drive? President of the Ladera
Linda Homeowners Associationr urged the Council to maintain
access to Sea Raven Drive.;
Councilwoman Bacharach moved, seconded by Councilman Ryan and
carried to close the Public Hearing*
Councilwoman Bacharach moved, seconded by Councilman Ryan.to
adopt the staff recommendation and to report back to Council
when the required title report as recommended by the City
Attorney
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After additional discussion of the title report, Councilman
Hinchliffe moved, seconded by Mayor Pro Tern McTaggart to
reopen the public hearing. The motion carried.
Councilwoman Bacharach moved a substitute motion, seconded by
Councilman Hinchliffe to adopt the staff recommendations for
conditions of approval, that a sample resolution and sketch
of the area be prepared, and that a title search be
conducted; additionally, that the public hearing be continued
to the date when the title search is available.
The City Attorney advised that only those people speaking at
this Public Hearing would be notified of that meeting.
RECESS AND RECONVENE At 9#000 P.M. the Mayor declared
a recess. At 9:10 P.M. the
meeting reconvened.
STREET VACATION - TRACT It was the consensus of the
NO* 33206 AND C*UoP* Council to conduct the public
NO* 31 (1408 X 1411 X 1804) hearing on the Street Vacation
and on the Conditional Use
Permit concurrently.
The Mayor declared the hearing opened, and the City Clerk
reported that notice of the meeting had been duly published
and posted and that no written protests were received by the
city*
The Director of Public Works presented the staff memorandum
of August 7th and the recommendation as follows: direct staff
to prepare a resolution with conditions established by
Council to vacate the streets.
Council then discussed the various elements of the proposed
street vacation and concern was expressed about the up-keep
of the streets,
Director Benard presented the recommendation that if the
public streets within the tract are vacated, thereby
upholding the appeal, that an automatic gate with no guard
house at Avenida De Rosa and a guard house with only a stop
sign at Paseo De Pino be permitted. He further detailed the
March 13, 1990 Planning Commission approval of the C.U.P.,
addressed the issue of traffic control and trails, as
outlined in the August 7, 1990 staff memorandum.
Trails Committee member July Schnerk, reported on the
committee's deliberations on the trails adjacent to and
running through this tract and stated that the Committee
preferred location "D" for the parking area
Expressing their concern about this street vacation and the
-4- AUGUST 7. 1990
effect it would have on their neighborhood were Ray Perrault,
3845 Crest Road; Stanley Wong, 3825 Crest Road; and, Gasper
Gurrasi, 38-37 Crest Road. Their concerns dealt with the
possible increase in traffic and parking,resulting from the
street closure in this adjacent tracts
Speaking in favor of the.vacation was Del Freeman, 8 Paseo
Del Pino, who represented the Rancho Palos Verdes Estates
Homeowners Association, and who summarized the background on
this tract and.the fact that t it was originally designed to
have private streets. He de.scribed,the safety problems
associated with the. narrow streets,, recommended that the
parking for the trails be at location "J" and assured the
Council that maintenance of the private streets was provided
for in the CC&R's* He told the Council that the association
would like to have-a. guard.-house at the Paseo de Pino
location and that they will provide a video came,ra at the,
entrance to scan Crest Road. Additionally, they will
increase the lighting as much as allowable*
Sunshine, 6 Limetree, requested that the trail, not end at
point "G" and recommended fifteen-foot for the easement
width.
Council then inquired whether this location ,.wa.s.listied,as a
scenic point in the General Plan and why the trail. was not
taken on the left side of the tract.
Counci-lwoman.Bacharach moved ,.seconded by -Councilman Ryan to
close the Public Hearing. The motion carried.
Counc-il-man,H-inchlif,fe moved, seconded by Councilman Ryan to
approve the staff recommendation, allow the guard house and
stop. sign. but -not a-, control arm at. Paseo Del Pino and a.
control gate at Avenue De Rosa. Additionally that the
parking be limited.to location "J" and that a sign be posted
on the guard house indicating access to the pedestrian trail.
Motion carried unanimously.
REFUSE FRANCHISE The Mayor opened the
(1301) Public Hearing and the City
Clerk announced that notice
had been duly pub1.ished,.,,Directo.r Wentz presented the staff
memorandum of August 7th and the recommendation as follows .
authorize final negotiations and preparation of an agreement
for the collection and disposal- of all :multiple family
residential waste for a period of five (5) years commencing
on October.1,1990o
Responding to the Mayor's call for public testimony
was Doris Connelly, 28623, Frilarstone Court, representing the
StrathmorelTownhomes:Associationo She told the Council that
-5- AUGUST 7, 1990
the proposed rate increase was too costly and that she needed
further clarification on the costs and prices to be charged
resulting :froan this franchise* She requested that the City
Council hold off on this increase until more information is
received from the hauler and other condominium associations.
Marvin Rochester, 28171 South Ridgecove Court, also
questioned the increase in costs and particularly the
recycling charge , to each- unite
Jeannine Etcheverry, 29641 South Western Ave, representing
the Eastview Townhouse Homeowners Association told the
Council that they-have pick-up three times a week and that
their charge is currently $475 per month* She too objected.
to the charges proposed*
Councilman Hinchliffe moved, seconded by Councilman Ryan and
carried to close the public hearing*
It was the consensus that the sub-committee (Ryan and
Bacharach) should include the concern about the unit charge
in their discussions, with the haulers. Councilman Hinchliffe
moved, seconded -by Councilwoman Bacharach to adopt the staff
recommendation. Motion carried.
HIRALESTE-HIGH SCEK)OL Director Benard presented the
CLOSURE - DRAFT E.I.R. staff memorandum of August 7th
(1401) and the recommendation to
authorize the Mayor to sign and
transmit the proposed letter to the Palos Verdes Peninsula
Unified School Districto
A revised letter was then distributed amongst Councilmemberse
Speaking in favor of the proposed letter were the following
residents; Barry Hiderbrand, 356-0 Vigilance Dr.* Bill
resi 0 r
Snyder, 31.833 Ganada Drive; Marilyn Lyon, 6442 Via Colinita;
Kenneth Holt, 6201 Picardie Road, representing the Miraleste
Homeowners Association; Bill Bartz, 3936 Admirable Drive,
representing E*PoEoC* Kari Tapie, 28714 Mount Vancouver
Court* representing R*UOL,*E*o * and Marianne Kipper, .5-,.
Chaparral mane. These speakers endorsed the proposed letter
and made suggestions regarding the addition of concerns about
air pollution; noted that a major reason to keep Miraleste
High School open was the fact that 23% of the .families that
live in the City live on the east side and that 16% of the
families live in the Eastview Area; requested preparation of
a resolution objecting,to the closure of Miraleste High
School and requested support of the Eastview area getting
into the Palos Verdes Peninsula Unified School District.
Additionally,,they requested that Council take a strong stand
on the E.I.R. and-go on record stating its inadequacies*'
They also cited the additional parking problems at Rolling
Hills High School which would result from an increase in
-6- AUGUST 7. 1998
the student population if Miraleste High School is closed;
and, the that the-Council support the effort for
inclusion of the students in Eastview into the Palos Verdes
Peninsula Unified School District* They also cited the
reference made to the average speed as quoted in the E.I.R.
and questioned whether the average speed was indeed-35-miles.
per hour.
Representing the school district was their Public Information
officer Nancy Mahr, 28028 Ella Road, who told the Council
that the School District serves the four cities on the
Peninsula but that students are not assigned along city
lines*
RECESS AND RECONVENE At 119037 P.M. the Mayor Pro Tem
declared a recess* At 11:50
PAM. the meetingi reconvened.
Council resumed their discussion of the School. , District-EIR
issue and in particular the revised letter. Discussion
focused on the difference between the staff letter and the
revised version and the suggestion was made that the letter
should reiterate the interest in including the Eastview Area
into the Palos Verdes Peninsula Unified School District and
that the school district should look at long range planning
for the 'school s instead of,using a piecemeal approach.
Councilman Ryan movedr seconded by Mayor Pro Tem McTaggart
to send the original letter as proposed by staff*
Councilwoman Bachar'ach--preposed a,substitute motion, seconded
by Counci'lman.Hinchliffe to send the revised letter*
Additional discus then ensued regarding several other,
as ects of the EIRO whether the average speed on the
p
Peninsula was indeed 35 MPH, clarification that the level of
service was "C", and to express that the City of Ranch Palos
Verdes would be glad to assist the School District in
requesting the City;of Rolling Hills to open up Crest Road at
least for busseso
Discussion then ensued about the revisions that should be
made to the revised letter and it was the consensus that the
letter should include the request that the, school =di.-strict
pursue the inclusion of Eastview into the --schoo1.1,d1is.trict,-
that they look at -long range solutions to the problems of the
district and aggressively :pursue a bus and ride-share
program; additionally, that the District be reminded that the
zoning had not been changed%in the area of the Monaghan and
Hon projects.
The motion to send - the revised ,letter as amended carried on a
3 -1= vote with Councilman McTaggart voting-in opposition.
-7- AUGUST 7, 1990
It was the consensus that the revised letter would be made
a part of the weekly administrative report and that the
Councilmembers would submit ,their comments by the following
Monday.
ORDINANCE NO. 261 The City Manager-presented the
PURCHASING SYSTEM (602) staff report of August 7th and
the recommendation to introduce
this ordinance modifying-the City's purchasing system*
ORDINANCE NO* 261''OF THE CITY OF RANCHO PALLS VERDES AMENDING
CHAPTER 2.44 OF TITLE 2 OF THE RANCHO PALLS VERDES MUNICIPAL
CODE TO MODIFY THE CITY PURCHASING SYSTEM was read by title
and introduced on motion of Councilwoman Bacharach, seconded
by Councilman Hinchliffe'and carried*
CHARLES ABBOTT CONTRACT
PUBLIC WORKS MANAGEMENT
ENGINEERING SERVICE
(1204)
Engineering Servic es an,
by the City'Attorney be
FOR The City Manager presented the
AND August 7th memorandum and the
recommendation to approve the
agreement between the City and
'Charl6s Abbott and Associates
for Public Works Management and
d that the liability language prepared
included in the contract.
Council discussion then dealt with the liability language and
whether it covered errors on the part of the consultant* who
decided on the'need for Mr. Abbott's services and who
determined the number of hours necessary; the control devices
in-house to oversee this contract; and, how the contract can
be changed. Additional discussion covered the cap amount and
whether that figure was in the City's best interest.
Supplemental discussion -amended :the proposed contract to
provide bi-weekly 'invoices by project, and that the potential
of conflict be specifically changed to mean a.conflict of
interest.
Councilman Hinchliffe moved, seconded by Councilwoman
Bacharach to adopt the staff recommendation. The motion
carried on a 3-1-0 vote with Councilman Ryan voting in
opposition.
CHARLES A lwC?'TT CONTRACT The City Manager presented
BUILDING AND SAFETY SERVICE the staff memorandum of
(201 x 1204) August 7th and,the
recommendation to approve
the agreement betweefi the City'and Charles Abbott Associates,
Inc. for Building and Safety Services including the liability
language prepared by the City Attorney.
Referring to the section in the contract dealing with
records, Council inquired whether City personnel were trained
-8- AUGUST 7. 1990
to access the records maintained by the Charles Abbott
organization. The consensus was that such a provision
be added to both contracts The question also -arose whether
this contract allowed for the operation of P.V. Transit and
if deleted how the scope of services could be reduced.
Councilman Hinchliffe moved, seconded by Councilwoman
Bacharach to approve the contract subject to the amendments
made by Council. The motion carried on a 371-0 vote with
Councilman Ryan voting in opposition*
ENCROACHMENT STUDY The Dire ctor of Environmental
(1804) Services'presented the staff
memorandum of August 7th and
the recommendation to direct staff to initiate the street
vacation process on the identified streets.outlined-in this
report, pending 1. completion of staff's analysis of Via
Colinita*
After a brief discussion of how this would impact staff
assignments and the dity.Manger's comment that the study
would be conducted excluding that part dealing with Via
Colinita, Councilman Hinchliffe moved, seconded by
Councilwoman Ba,charach to adopt the staff recommendation as
amended with the . deletion of Via Colinitao The motion
carried unanimously*
AB939 LOCAL RESPONSES The City Manager requested
(306) that.t.his item be continued
and reported that he was
investigating the creation tion of a Peninsula group to address
the necessary response to this legislation.
Councilman Hinchliffe. moved. , seconded by Councilwoman.,
Bacharach and carried to continue this item to the August
21st meeting*
AUDIENCE QUESTIONS*
Responding to the Mayor's call for audience questions for
items not on the agenda was Lois Larue, 3136 Barkentine
Drive* Ms. Larue stated-.that.,she had heard that Barry Ho.n
would a-
king taing' over .the Portuguese Bend Landslide*
RESOLUTION NO,* 90-63 Director Benard presented the
CE 1A (120.3)
staff memorandum of August 7th
and the recommendation to
approve the proposed resolution adopting Amended Local
California Environmental quality Act (CEQA) guidelines for
the City of - Rancho Palos Verdes*
Lois Larue, 3136 Barkentine Dry, requested that this item be
-9- AUGUST 7r 1990
continued to another date .since -'some of the pages on this
item were missing from her agenda packet.,
staff reported that some of the pages did get left out 'in the
duplication process however they had been distributed prior
to the meeting.
RESOLUTION NO* 90-63 OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES REPEALING RESOLUTION NO. 85-39 AND
ADOPTING PROCEDURES IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, AND THE GUIDELINES OF THE SECRETARY FOR THE
RESOURCES AGENCY, AS AMENDED 1989 was read by title itle and,
adopted on motion of Councilwoman Bacharach, seconded by
Councilman Hinchliffe and carried,
WAIVER OF SIGN PERMIT FEE Director Benard presented the
ST. JOHN FISHER PARISH August 7th memorandum and the
(1801) recommendation to authorize the
Director of Environmental
Services to waive the application fees related to sign
permits No. 518 for one temporary sign.
Lois Larue., 3136 Bark,entine 9d., stated that she requested
this item be.removed and referred to an earlier request of
hers regarding the waiver of fee for Temple Ner Tamid.
She told the Council that she had received an anonymous
letter after that request but, nonetheless, was now
making the same request that the Council not waive this
proposed fee for St*, John Fisher based upon the
constitutional grounds of making exceptions for religious
organizations.
The City Attorney opined that since the City also waives fees
for n.on-profit organizations it could also waive them for
churches.
A brief discussion then followed about the type and amount of
the fee that was being waived and it was the . consensus that
the City waive the entire fee including the administrative
charge,
Councilwoman Bacharach moved, seconded by Councilman
Hinchliffe to waive fee. The motion carried on the following
0
roll call vote:
AYES. McTaggart., Hinchliffe, Ryan and Bacharach
ABSENT.* Mayor Hughes
SALARY SURVEY AWARD The City Manager presented the
OF BID (1202) August 7th staff memorandum and
the recommendation to authorize
the City Manager to retain Personnel Associates to conduct an
-10- AUGUST 7. 1998
employee salary survey. The cost of the survey shall be
$3,750, plus travel expenses not to exceed $200, plus $65 per
hour for additional services*
After clarification of the reason for not awarding the
contract to the lowest bidder, Councilman Hinchliffe moved,
seconded by Councilwoman Bacharach to adopt the staff
recommendation. The motion carried on the following roll
call vote:
AYES* McTAGGART, HINCHLIFFEr RYAN AND BACHARACH
ABSENT: MAYOR HUGHES
STATUS OF DIRECTIVES*
Staff reported that the item of the Crest Road Conflict
Council would be on the August 21st agenda* r also, there would
be a report on the Silver Spur light issue. Council
requested a timetable for subregion 7 and 80
ADJOURNMENT*
ATTEST*
CITY CLERK
At 1-030 A.M. the meeting
adjourned on motion of
Councilwoman Bacharach and
carried.
M&dR�'
8790 -11- AUGUST 7, 1990