City Council Minutes 09/04/2001 RPV, City, Council, Minutes, 2001, Meeting RPV City Council Minutes for the 09/04/2001 Meeting M I N U T E S

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

SEPTEMBER 4, 2001

The meeting was called to order at 7:05 P.M. by Mayor Lyon at Fred Hesse Community Park, 29301 Hawthorne Boulevard.

After the Pledge of Allegiance, roll call was answered as follows:

PRESENT: Ferraro, Gardiner, McTaggart, Stern, and Mayor Lyon

ABSENT: None

Also present were City Manager Les Evans; City Attorney Carol Lynch; Director of Planning, Building, and Code Enforcement Joel Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; Senior Planner Mihranian; City Clerk/Administrative Services Director Jo Purcell; and, Deputy City Clerk/Recording Secretary Jackie Drasco.

RECYCLING DRAWING:

The winner from the last drawing was Albert Weinstein, who will receive a check for $250, which represents a year of free refuse service. Another card was selected.

APPROVAL OF AGENDA:

City Clerk Purcell announced that requests had been received from the applicants to continue two items: the Review of Large Domestic Animal Nonconformity Statement No. 8 and the Request for Waiver of the Penalty Fee related to Conditional Use Permit No. 230.

Mayor Lyon announced that a request had been received to hear the following items immediately after approval of the Consent Calendar: Fencing and Signage at Inspiration Point and Vallon Drive/Hawthorne Boulevard Signalization.

Councilmember Gardiner asked that the Hawthorne Boulevard Beautification and Contract Amendments for San Ramon Project items be removed from the Consent Calendar for discussion.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart to approve the agenda, as amended. Motion carried.

APPROVAL OF CONSENT CALENDAR:

Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart, to approve the amended Consent Calendar as follows:

Councilman Stern had submitted written revisions to the Minutes of August 21. Council consensus was to continue approval of the Minutes to the meeting on September 18, 2001.

Lois Larue, 3136 Barkentine Road, expressed her opposition to the type of pipe being purchased for the two drainage repair projects.

Motion to waive full reading

Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all councilmembers after the reading of the title.

Minutes of August 21, 2001 (301)

Continued to September 18, 2001.

Informal Bid and Pre-Ordering of HDPE Pipe for the Palos Verdes Drive South Drainage Repair Project (1204 x 604)

Reviewed and reconfirmed by a four-fifths (4/5) vote, the Council’s previous action on August 21 to authorize staff to conduct an informal bid process and pre-order HDPE drainage pipe for the Palos Verdes Drive South Drainage Repair Project.

Informal Bid and Pre-Ordering of HDPE and RCP Pipe for the San Ramon Drainage and Landslide Stabilization Project (1101 x 604)

Reviewed and reconfirmed by a four-fifths (4/5) vote, the Council’s previous action on August 21 to authorize staff to conduct an informal bid process and pre-order HDPE and RCP drainage pipe for the San Ramon Drainage and Landscape Stabilization Project.

Resol. No. 2001-65 - Resolution Authorizing the City Manager, the Assistant City Manager, and the Director of Public Works to Accept Easements for the San Ramon Landslide Repair and Drainage Project (1101 x 604)

ADOPTED RESOLUTION NO. 2001-65, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY MANAGER, THE ASSISTANT CITY MANAGER, AND THE DIRECTOR OF PUBLIC WORKS TO ACCEPT EASEMENTS ON BEHALF OF THE CITY FROM PROPERTY OWNERS.

Notice of Completion for Signal Modifications on Hawthorne Boulevard at Granvia Altamira/Ridgegate Drive (1204 x 1503)

(1) Accepted the work as complete. (2) Authorized the City Clerk to record a Notice of Completion with the County Recorder; and if no claims are filed 35 days after recordation, notify the surety company to exonerate the payment and performance bonds. (3) Authorized the Director of Public Works to release the 10% retention payment to Steiny and Company 35 days after recordation of the Notice of Completion by the County Recorder contingent on no claims being filed on the project.

Comment Letter on Draft EIR/EIS for the Proposed Master Plan Improvements at Los Angeles International Airport (1101 x 1505)

Approved the comment letter of the Draft EIR/EIS for the proposed master plan improvements at Los Angeles International Airport and authorize the Mayor to sign the letter on behalf of the City Council.

June Treasurer’s Report (602)

Ordered received and filed.

Resol. Nos. 2001-66 and 67 - Fiscal Year 2000-2001 Continuing Appropriations (602)

(1) ADOPTED RESOLUTION NO. 2001-66, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2001-43, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2001-2002, TO CONTINUE CERTAIN EXPENDITURE APPROPRIATIONS FROM FISCAL YEAR 2000-2001. (2) ADOPTED RESOLUTION NO. 2001-67, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2000-33, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2000-2001, TO REDUCE THE BUDGET FOR CONTINUING APPROPRIATIONS THAT WILL BE REBUDGETED AND INCLUDED IN THE FISCAL YEAR 2001-2002 BUDGET.

Resol. No. 2001-68 - Fiscal Year 2000-2001 Budget Adjustments (602)

ADOPTED RESOLUTION NO. 2001-68, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION 2000-33, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2000-2001, TO INCREASE BUDGETED APPROPRIATIONS IN THE GENERAL FUND AND RECYCLING FUND.

Resol. No. 2001-69 - Register of Demands (602)

ADOPTED RESOLUTION NO. 2001-69, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES 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: Ferraro, Gardiner, McTaggart, Stern, and Mayor Lyon

NOES: None

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Fencing and Signage at Inspiration Point (1101 x 1201)

Assistant City Manager Petru presented the staff report of September 4, 2001 and the recommendation to approve the fencing design and signage for Inspiration Point and direct staff to install said improvements.

Assistant City Manager Petru added that Sarah Key Marer, who had initially requested this action, was in agreement with the staff recommendation.

Council discussion centered on alternate sources of funding for this project rather than using the General Fund; the length of the fence; and, changes to the wording on the warning sign to be posted in the area.

Lois Larue, 3136 Barkentine Road, commented on the appearance of the fence.

Councilman Stern moved, seconded by Councilwoman Ferraro, to approve the fencing design and amended signage for Inspiration Point and direct staff to install said improvements.

The motion carried on the following roll call vote:

AYES: Ferraro, Gardiner, McTaggart, Stern, and Mayor Lyon

NOES: None

Vallon Drive/Hawthorne Boulevard Signalization (1204 x 1503)

Director Allison presented the staff report of September 4, 2001 and the recommendation to consider the recommendation from the Traffic Committee to install a signal at the intersection of Hawthorne Boulevard and Vallon Drive.

Council discussion focused on whether funding would be available from sources other than the General Fund; whether the Long Point project, if approved, could be required to pay a portion of the cost for the proposed signal because of increased traffic on Hawthorne Boulevard; the 11 warrants necessary to justify a signal, all of which were not satisfied; the possible need for other criteria to consider factors in addition to these standard warrants; analysis of other signals on Hawthorne for synchronization; the importance of providing ample warning of a signal as drivers come around the blind curve down the steep hill toward this intersection; the conflict of the current intersection sign and the flashing beacon; making sure a signal would improve safety, not make it worse; using definite criteria to make a decision regarding the signal for consistency in considering future signal requests; a comparison of other signals on other streets in the City with blind curves on steep slopes just prior to a signal; and, the possibility of increased rear-end collisions if a signal is installed.

Speaking in support of the recommendation were the following residents: Melvin Feldman, 6821 Vallon Drive; Tina Bothamley, 30714 Via La Cresta; Loretta Westlund, 6756 Vallon Drive, President of La Crest Homeowners Association; Thomas Cowell, 6780 Vallon Drive; Art Conner, 6729 Vallon Drive; Lilly Wang, 30626 Via La Cresta; Robert Bell, 6904 Vallon Drive; and, Robert King, 30764 Via La Cresta.

These speakers focused on the following concerns: Fog, rain, the blind curve, and the steep slope make it difficult to make a safe left turn on Hawthorne from Vallon; the money spent on a signal would be less than funds spent on a lawsuit if the City is held liable for a fatal accident; no one wants loss of life like the 12-year old girl from this neighborhood was killed at this intersection in 1983; there are more accidents at this intersection than are reported; delay in making a turn is not the issue but safety is; the traffic study should have been performed during the school year; there will be more traffic on Hawthorne because of the new Montessori school at Gold Cove, openings of other public schools, and possibly the Long Point development; other options to increase safety would be more speed limit signs along this portion of Hawthorne other than just the ones at Crest Road and Palos Verdes West and maybe stop signs at Via Rivera and Los Verdes Drive; approximately 80% of La Cresta Homeowners Association members are in favor of installation of this signal; the entrance to this tract was placed in a hazardous location when the County was controlling development.

Speaking in opposition to the recommendation were the following residents: Bill Kelly, 6611 Vallon Drive; Burton Glazer, 30514 Via La Cresta; and, Cathy Khaledi, 30524 Via La Cresta.

These speakers focused on the following concerns: The Traffic Committee made their recommendation prior to the traffic study being completed and they should look at this again now that they have the study; a large number of cars on Hawthorne would be inconvenienced by a small number of cars on Vallon; there have been no reported accidents there in the last year; that the most recent accidents would not have been prevented by a traffic signal; the beacon and cross traffic signs are so close together, it is hard to know which one to read and should be relocated; rear-end collisions would be increased because of long braking distance at speed traveled downhill in this area; there will always be delays when entering Hawthorne off Vallon in comparison to delays sometimes when one must wait for cross traffic to clear; a signal would cause an increase in noise from screeching brakes and diesel engines revving up; the specific 11 warrants are in place for a reason; alternatives were not studied adequately, particularly the traffic light at Dupre turning red when there was no cross traffic because some residents did feel that this improved the prospect of making a safe left turn onto Hawthorne from Vallon.

Further Council discussion centered on the signal being operated on demand: which meant that a red light would not be triggered on Hawthorne unless there was a car on Vallon; the trail period of coordinating the signal at Dupre and Hawthorne (up the hill from Vallon) to control traffic flow to possibly ease the process of turning onto Hawthorne from Vallon; the miniature light up the hill mirroring the signal at Vallon not being recognizing as a valid traffic control measure; the possibility of placing the signal on a very long mast arm and/or placing the signal on the opposite side of Hawthorne so that it could be seen as soon as possible traveling down the hill; the conflict of the flashing beacon being located so close to the intersection warning sign that it almost obscures it; the discrepancy between the frequency of accidents observed by the neighborhood versus the number of reported accidents; whether the times of the day that the traffic engineer took car counts provided the most helpful data; a comparison of conditions at this intersections with signals at other intersections in the City where the warrants were met; whether increased sheriff coverage would improve safety; why the residents seem to have felt the red light at Hawthorne and Dupre being triggered even when there was no cross traffic made the Hawthorne/Vallon intersection when the traffic engineer did not see a significant change; and, complaints received by drivers who were stopped by a red light at Dupre when there was no cross traffic.

Robert Bell described a near-miss accident that he observed which he believed would have been avoided if there had been a signal.

Cathy Khaledi felt that the trial period of using the Dupre signal up the hill to break up the stead flow of traffic down Hawthorne had resulted in safer turns at the Hawthorne/Vallon intersection.

Additional Council discussion focused on the near miss accidents which might result in a serious accident; the unfortunate placing of the entrance to this tract of homes which was allowed by Los Angeles County before the City was incorporated; the need to follow criteria consistently in installing signals; what new criteria should be included to take into account specific conditions at this intersection; making sure that safety is the focus of any action taken; and, the fact that so many residents in the area feel it is difficult to make a safe turn at the intersection indicates there is a problem even though the warrants do not show it.

Mayor Pro Tem McTaggart moved, seconded by Councilwoman Ferraro to approve the signal, direct staff to work with the Traffic Engineer to ensure that action taken will provide the greatest public safety.

Director Allison stated that two resolutions would be submitted at the next Council meeting, one approving installation of the signal with safety measures suggested by the traffic engineer and another with a budget adjustment.

Councilmember Gardiner suggested that the motion include a revision of the form used to include indicators that allow for this type of situation in order make consistent decisions and that staff speak to the residents to determine the best tome of the day to collect data.

The maker and seconder of the motion agreed to these additions.

Motion carried.

RECESS & RECONVENE:

At 8:55 P.M., Mayor Lyon declared a recess. The meeting reconvened at 9:10 P.M.

PUBLIC COMMENTS: There were no requests to speak.

PUBLIC HEARING:

Resol Nos. 2001-70 and 71 - Tentative Tract Map No. 52666, Grading Permit No. 2282, and Environmental Assessment No. 708 (3200 Palos Verdes Drive West) (1203 x 1803)

Mayor Lyon opened the public hearing on this request to consider approval of Tentative Tract Map No. 52666, Grading Permit No. 2282, and Environmental Assessment No. 708. City Clerk Purcell announced that notice had been duly published and that all written comments were included in the agenda packet.

Senior Planner Mihranian presented the staff report of September 4, 2001 and the recommendation to adopt the proposed resolution adopting the Mitigated Negative Declaration and associated Mitigation Monitoring Program. (2) Adopt the proposed resolution approving, with conditions, Tentative Tract Map No. 52666, Grading Permit No. 2282 and Environmental Assessment No. 708, thereby allowing the land division of a 3.92-acre lot into 13 lots for single-family residential development with approximately 16,500 cubic yards of earth movement.

Councilwoman Ferraro, Mayor Pro Tem McTaggart, Councilmember Gardiner disclosed that they had met with Steve Kuykendall. Councilman Stern said that he had received a call from Steve Kuykendall but they did not discuss the project.

David Olin, 1243 Palm Drive, Hermosa Beach, CA 90254, said that he was the designer working with Mr. Esfahani and that he had worked with the neighbors and redesigned the project to accommodate their concerns. He said that there is not a plan established to dispose of the material from the existing road to comply with the City’s recycling requirements under AB939.

Lois Larue, 3136 Barkentine Road, spoke in opposition to the small size of the proposed lots.

Council discussion focused on the City of Palos Verdes Estates charge for trucks hauling dirt traveling their streets and their requirement that the truck to make a u-turn within a certain distance within their City.

Marshall Esfahani, 1460 Via Arco, Palos Verdes Estates, CA 90274, said that he would work with the City of Palos Verdes Estates to obtain their permission to bring the tucks through their City.

There being no further public testimony, Mayor Lyon closed the public hearing.

Director Allison said that he had spoken with the Public Works Director for the City of Palos Verdes Estates that afternoon and that he believed a reasonable solution could be worked out.

Further Council discussion centered on consideration of preserving views by the applicant and the fact that none of the neighbors were opposing the project.

Councilmember Gardiner moved, seconded by Mayor Pro Tem McTaggart to ADOPT RESOLUTION NO. 2001-70, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING THE MITIGATED NEGATIVE DECLARATION AND ASSOCIATED MITIGATION MONITORING PROGRAM. (2) ADOPT RESOLUTION NO. 2001-71, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, TENTATIVE TRACT MAP NO. 52666, GRADING PERMIT NO. 2282 AND ENVIRONMENTAL ASSESSMENT NO. 708, THEREBY ALLOWING THE LAND DIVISION OF A 3.92-ACRE LOT INTO 13 LOTS FOR SINGLE-FAMILY RESIDENTIAL DEVELOPMENT WITH APPROXIMATELY 16,500 CUBIC YARDS OF EARTH MOVEMENT and (3) make sure conditions are added which provide for dust control; to reduce the working hours to 9:00 A.M. to 5:00 P.M. on Saturday and to allow no work to be performed on Sunday; and, to make sure disposal of the material from the existing road complies with AB939. Motion carried

Resol Nos. 2001-72, 73, and 74 - Revision to the Conditions of Approval - Vesting Tentative Tract Maps 50666 and 50667. Location: Ocean Trails (1204 x 1411)

Mayor Lyon opened the public hearing on this request to consider approval of a revision to the conditions of approval for Vesting Tentative Tract Maps 50666 and 50667. City Clerk Purcell announced that notice had been duly published and that that all written comments were included in the agenda packet and that correspondence from Ray Green was included in material distributed to the Council before the meeting began.

Director Allison presented the staff report of September 4, 2001 and the recommendation to (1) Adopt the proposed resolution approving Addendum 13 to Environmental Impact Report 36 For Revision "R". (2) Adopt the proposed resolution approving Revision "R" to Vesting Tentative Tract Map 50666. (3) Adopt the proposed resolution approving Revision "R" to Vesting Tentative Tract Map 50667, revising the Conditions of Approval to revise a deadline for reconstructing La Rotonda Drive, adding a new deadline for re-paving portions of La Rotonda Drive, and placing a new deadline on the reconstruction of Palos Verdes Drive South.

Council discussion focused on correspondence from Ray Green which indicated that he was opposed to the staff recommendation even though it appeared that his concerns were being addressed and concern for land stability because the dirt stockpile on Ocean Trails property had become higher than allowed.

Ken Zuckerman, One Ocean Trails Drive, said that geologists from Cotton Shires were not concerned that the higher stockpile would create unstable land but he said that he had instructed the contractor not to add any additional dirt and to lower the height. He said that he had reported this to the City geologist when he became aware of the problem.

City Manager Evans said that when a report was received from the City geologist he would provide this to the Council.

Lois Wickham, 3200 La Rotondo Drive said that she had moved to Ocean Terraces seven months ago and was pleased with the peacefulness of the area but wondered when La Rotondo would be repaired because the road was very bumpy and she asked when the large hill of earth would be removed and where it was going.

Council advised Ms. Wickham that the earth was being used for the landslide repair.

Councilman Stern moved, seconded by Councilwoman Ferraro, to (1) ADOPT RESOLUTION NO. 2001-72, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES A APPROVING ADDENDUM 13 TO ENVIRONMENTAL IMPACT REPORT 36 FOR REVISION "R". (2) ADOPT RESOLUTION NO. 2001-73, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION "R" TO VESTING TENTATIVE TRACT MAP 50666. (3) ADOPT RESOLUTION NO. 2001-74, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION "R" TO VESTING TENTATIVE TRACT MAP 50667, REVISING THE CONDITIONS OF APPROVAL TO REVISE A DEADLINE FOR RECONSTRUCTING LA ROTONDA DRIVE, ADDING A NEW DEADLINE FOR RE-PAVING PORTIONS OF LA ROTONDA DRIVE, AND PLACING A NEW DEADLINE ON THE RECONSTRUCTION OF PALOS VERDES DRIVE SOUTH. Motion carried

Proposed Amendment to Ocean Trails Development Agreement and Amendment to Declaration of Restrictions (602 x 1411)

Mayor Lyon opened the public hearing on this request to consider approval of a proposed amendment to Ocean Trails Development Agreement and amendment to Declaration of Restrictions. City Clerk Purcell announced that notice had been duly published and that all written comments had been made a part of agenda package.

Director McLean presented the staff report of September 4, 2001 and the recommendation to approve the proposed Amendment to Ocean Trails Development Agreement and the Amendment to Declaration of Restrictions regarding the determination of Ocean Trail’s golf tax liability and authorize the Mayor and the City Clerk to execute the documents on behalf of the City.

Council discussion centered on the breaking out of non-taxable fees, such as golf carts, from taxable fees for rounds of golf and the amounts of these fees; and, the change in the fee from year to year for a round of golf and the maintaining of the ratio between cart and golf fees even with these changes in fees.

City Attorney Lynch provided changes to the language in the development agreement and advised the Council that this agreement had to be approved by the Bankruptcy Court handling Ocean Trails’ bankruptcy.

Ken Zuckerman, One Ocean Trails Drive, said that he not had an opportunity to review the bankruptcy approval language and wished to have his attorney review it as well.

There being no response to the Mayor’s call for public testimony, she declared the hearing closed.

Councilman Stern moved, seconded by Councilmember Gardiner, to approve the proposed amendment with City Attorney Lynch’s language changes.

City Attorney Lynch suggested that rather than approve the amendment at this time, continue the item to provide time for Ken Zuckerman to review the changes.

Councilman Stern withdrew his motion.

Council consensus was to continue the item to September 18, 2001.

U-Turn Restriction at Hawthorne Boulevard and Highridge Road (1204 x 1503)

Director Allison presented the staff report of September 4, 2001 and the recommendation to remove the U-Turn restriction at the intersection of Hawthorne Boulevard and Highridge Road.

Council discussion focused on easier access to the car wash at Hawthorne and Highridge which would be accomplished with the removal of this U-turn restriction; the City’s wish to be "business friendly"; the recent U-turn prohibition at the first opportunity to make a U-turn on Highridge to enter the car wash from that street; the redesign of the car wash to allow access from Hawthorne as well as from Highridge and to place the facility closer to the street which made a sharper turn necessary to drive onto the property; the possibility of a green arrow on Hawthorne and a no right turn on red restriction on Highridge to allow safer U-turns if the restriction were to be lifted; the recommendation from the Traffic Committee which recommended maintaining the U-turn restriction even though the traffic engineer recommended that U-turn should be allowed; a fatal accident which originally out the U-turn restriction in place; the possibility of cutting through the median to make possible a left turn off Hawthorne; the dangerous situation created if a U-turn was made from Hawthorne and then immediately a sharp right turn into the car wash; the need for a traffic study, during the school year, to provide more accurate information; a discussion of other intersections on Hawthorne where U-turns are allowed; the need to make a decision based on data in order to make consistent decisions in the future; a direction to staff to provide specific information to be gathered in an additional traffic study;

City Attorney Lynch clarified that the owner of the car wash could not be asked to bear all or a portion of the cost to make modifications at the intersection because he did not have an application submitted to the City for changes to his property or business.

(Mayor Lyon, who was ill, left the meeting at 10:55 P.M.)

Shiraz Govani, 6945 Alta Vista Drive, owner of the car wash at this intersection, said that the Council approved the redesign of his business and noted that he had 53 signatures from his customers supporting the approval of a U-turn off Hawthorne.

Councilman Stern moved, seconded by Mayor Pro Tem McTaggart, to continue this item to September 18 and directed staff to provide criteria for an additional traffic study at that time.

The motion carried (3-1-1) on the following roll call vote:

AYES: Gardiner, McTaggart, and Stern

NOES: Ferraro

ABSENT: Mayor Lyon

REGULAR BUSINESS:

Amendment of Municipal Code - Golf Tax (1103 x 1501)

City Attorney Lynch presented the staff report of September 4, 2001 and the recommendation to introduce the proposed ordinance amending certain provisions of the Rancho Palos Verdes Municipal Code regarding the City’s golf tax.

Council discussion centered on the monthly payment of golf tax, the addition of a provision to make bundling golf fees with other charges clear so there is no avoidance of paying tax; and, whether Los Verdes County Golf Course should continue to be exempt from golf tax.

Councilman Stern moved, seconded by Mayor Pro Tem McTaggart, to continue this item to September 18 to provide time for City Attorney Lynch to look into the issues raised. Motion carried.

Hawthorne Boulevard Beautification (1204 x 1404)

(1) Approved the preliminary median and parkway landscape plan for Hawthorne Boulevard. (2) Authorized a contract amendment with Land Images, Inc., to provide professional services in an amount of up to $53,500 to prepare final construction plans for the first phase of landscape improvements for Hawthorne Boulevard. (3) Revised the expenditure plan for the Recycling Fund, to reprogram funds from the neighborhood beautification program to Hawthorne Boulevard Beautification efforts. (4) Requested staff to prepare a fence/wall improvement program for Hawthorne Boulevard that establishes a fence/wall standard for Hawthorne Boulevard, and provides City funding for a portion of the cost of private fence/wall replacement.

Council consensus was to continue this item to September 18 because Mayor Lyon had left meeting because of illness.

(Councilwoman Ferraro left the meeting at 11:20 P.M.)

Contract Amendments for San Ramon Project (1101 x 604)

Assistant City Manager Petru presented the staff report of September 4, 2001 and the recommendation to authorize the Mayor and the City Clerk to amend the Professional Service Agreements associated with the San Ramon Project as follows: (1) Increase AMEC Earth and Environmental Inc. contract by $39,857 for a total contract amount of $84,107. (2) Increase DMc Engineering contract by $70,220 for a total contract amount of $124,610. (3) Increase Helix Environmental Planning Inc. contract by $14,500 for a total contract amount of $48,200.

Staff answered Council concerns regarding the procedure for requesting additional funds for projects already approved and noted that the scope of this particular project had changed drastically but that change orders were considered on a case by case basis to make sure that contractors did not offer a low price and then seek ways to obtain additional funds.

Councilmember Gardiner moved, seconded by Councilman Stern, to authorize the Mayor and the City Clerk to amend the Professional Service Agreements associated with the San Ramon Project as follows: (1) Increase AMEC Earth and Environmental Inc. contract by $39,857 for a total contract amount of $84,107. (2) Increase DMc Engineering contract by $70,220 for a total contract amount of $124,610. (3) Increase Helix Environmental Planning Inc. contract by $14,500 for a total contract amount of $48,200.

The motion carried on the following roll call vote:

AYES: Gardiner, McTaggart, and Stern

NOES: None

ABSENT: Ferraro and Mayor Lyon

Adoption of City Council Policy on Border Issues (1203 x 306)

Director Rojas presented the staff report of September 4, 2001 and the recommendation to review and adopt City Council Policy No. 34, which establishes a policy for handling "Border Issues."

Council discussion focused on how long a project is tracked and when would it be removed from the list of border issues being tracked.

Staff felt that an issue would be tracked until there was nothing more that the City could do to influence its resolution.

Council consensus was to incorporate this concept into the flow chart.

Councilmember Gardiner moved, seconded by Councilman Stern to adopt City Council Policy No. 34, as amended, which establishes a policy for handling "Border Issues." Motion carried.

Border Issues Status Report (1101 x 306)

City Manager Evans presented the staff report of September 4, 2001 and the recommendation to review the current status of border issues and provide direction to the City Council Committee and staff.

City Attorney Lynch reported that the time period has passed to comment on environmental issues for the Garden Village shopping center and that there was a possibility that the project could be challenged on a nuisance basis, depending on analysis of Bill Cotton's geology report which has just been received by the City.

Staff felt that analysis of Mr. Cotton’s report might bring forth issues which could be discussed with the developer.

Council consensus was to add this project to a future agenda when there is new information to report.

Mobile Food Vendor Controls (1101 x 403)

City Manager Evans presented the staff report of September 4, 2001 and the recommendation to direct staff to prepare an amended ordinance imposing additional restrictions on mobile food vendor parking.

Council discussion centered on the concerns associated with the operation of mobile food vendors such as noise and litter. It was noted that these businesses have City business licenses, have a legal right to operate, and that the City could not put restrictions on them merely to avoid competition with existing stationary businesses.

Councilman Stern moved, seconded by Councilmember Gardiner, to direct staff to prepare an ordinance based on consistency with other local cities.

City Council Assignments (306)

City Clerk Purcell presented the staff report of September 4, 2001 and the recommendation to make Council assignments to certain delegate and alternate positions previously held by former Councilman Byrd.

Councilman Stern moved, seconded by Councilmember Gardiner, to continue this item to September 18 since Mayor Lyon had left the meeting because of illness and the Mayor makes these assignments.

CLOSED SESSION REPORT:

City Attorney Lynch reported that no action was taken on either of the two items.

ADJOURNMENT: Adjourned at11:52 P.M. on motion of Councilman Stern.

____________________

MAYOR

ATTEST:

______________________

CITY CLERK