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CC MINS 19950117M I N U T E S REGULAR MEETING RANCHO PALOS VERDES CITY COUNCIL JANUARY 171 1995 The meeting was called to order at 6:00 P.M. by Mayor Lee Byrd at the Hesse Park Community Center, 29301 Hawthorne Boulevard, and immediately recessed to a closed session per the closed session agenda checklist. The meeting was reconvened at 7:00 P.M. by the Mayor and following the Pledge of Allegiance to the flag, roll call was answered as follows. PRESENT: LYON, BROOKS, McTAGGART & MAYOR BYRD ABSENT: NONE Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, Planning & Building Director Bret Bernard, Public Works Director Trent Pulliam, Finance Director Brent Mattingly, City Clerk Jo Purcell, and City Attorney Carol Lynch. Councilman McTaggart requested that the meeting be dedicated to those people who have lost their lives in the Japan earthquake which occurred on January 16. ADDITION TO AGENDA: City Clerk Purcell announced that staff had requested addition of a resolution proclaiming the existence of a local emergency. Councilman McTaggart moved, seconded by Council woman Brooks to add said resolution to the agenda for Council consideration and adoption. Motion carried. APPROVAL OF AGENDA: Councilwoman Brooks moved, seconded by Councilwoman Lyon, to approve the agenda as amended. Motion carried. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine spoke to the minutes of October 4, 1994 and the Register of Demands. City Clerk Purcell announced that at the request of Councilwoman Lyon the matter regarding the Finance Department position reclassification would be discussed at the end of Regular Business. Councilwoman Brooks then moved, seconded by Councilman McTaggart, to approve the Consent Calendar as follows: WAIVER OF FULL READING Adopted a motion 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 the reading of the title. MINUTES (301) Approved the minutes of October 4, December 6, and December 20, 1994. CLAIM AGAINST THE CITY - NEAL & IRENE GRILLEY (301 x 303) Rejected the claim and directed the City Clerk to notify the claimant. LEASE AGREEMENT - AIRTOUCH CELLULAR (602 x 1203) Authorized the Mayor and City Clerk to sign the amendment to the lease agreement with Airtouch Cellular. RESOL. N0. 95 -01 - CORSINI PLACE VACATION (1204 x 1408) Adopted RESOLUTION NO. 95 -01 VACATING THE CITY'S INTEREST IN AN EXCESS RIGHT -OF- WAY LOCATED ON THE NORTHEAST SIDE OF PALOS VERDES DRIVE EAST AT CORSINI PLACE AND REPEALING RESOLUTION NO. 94 -78. NOTICE OF COMPLETION - HESSE PARK REPLACEMENT - (1201 X 1204) (1) Accept the work of Best Home Carpet as completed. (2) Authorized the City Clerk to file a Notice of Completion and notify the Surety Co. to exonerate the labor and materials bonds if no claims are filed during the 35 day legal notification period. (3) Authorized the Finance Director to release the retention 35 days after the Notice of Completion has been recorded by the County Recorder. RESOL. NO. 95 -02 - REGISTER OF DEMANDS (602) Adopted RESOL. NO. 95 -02 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: LYON, BROOKS, MCTAGGART & MAYOR BYRD NOES: NONE ABSENT: NONE ABSTAIN: NONE RECYCLE DRAWING: (1204 x 1301) Mayor Byrd reported that the recycle winner for the month of January was Jack Drawbaugh. This winning entitled the Drawbaugh Family to one year's worth of free refuse pick -up. The Mayor also announced that there will be a free backyard composting workshop on Saturday, January 28 and Saturday, February 25 at Hesse Park Community Center from 10:00 a.m. until noon. STATUS REPORT ON JANUARY STORM IMPACT (401 x 1204) Public Works Director Pulliam summarized the activities of the Public Works department during the recent storm and told Council that he would be requesting a budget adjustment to pay for the Costs incurred by storm damage. He reported that information regarding the Federal Emergency Management Administration would be on the reader board or that the public could call the Public Works Department. Additionally, he reported that sandbags for the public were available at City Halle Council complimented staff on the work done during the storm period and for their quick response to the public. Director Bernard then presented his staff memorandum of January 17 and the recommendation that Council adopt the proposed resolution proclaiming the existence of a local emergency. This memorandum contained a summary of the types of calls received during the recent storm relative to damage to private property: damaged slope drains; minor slope failures (mudslides) between and or adjacent CITY COUNCIL MINUTES JANUARY 17F 1995 PAGE 2 to existing residences. He estimated that owners of approximately 40 to 45 individual properties would need to perform some remedial grading or minor structure repair. In anticipation of inquiries and applications from private property owners for correcting these problems, staff proposed temporary amendments to the City's standard planning application processing to facilitate quick and easy correction of damage. Continuing with his report, Director Bernard said that to facilitate planning approval for storm related repairs and to encourage owners to make those repairs, staff was proposing that the Council waive all planning fees for all storm damage related applications. Staff suggested that applications be submitted by March 10, City Attorney Lynch then summarized Section 17.50.060 (Application referred to Planning Commission) of the Development Code, the provisions of which would be suspended upon the adoption of the emergency services resolution. It was the consensus that residents would have 180 days from the approval of the application to complete the remedial work on their property. RESOL. NO, 94 -03 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY AND CONFIRMING CERTAIN ORDERS AND ACTIONS OF THE DIRECTOR OF EMERGENCY SERVICES was presented by title and adopted as amended on motion of Councilwoman Lyon, seconded by Councilwoman Brooks. The motion carried on the following roll call vote: AYES: LYON, BROOKS, McTAGGART & MAYOR BYRD NOES: NONE RESOL. NOS. 95 -04 & 05 - SILVER SPUR UNDERGROUNDING DISTRICT (901 X 1204) The City Clerk announced that notice of this public hearing had been duly published and that no written protests had been received by the City. Mayor Byrd declared the public hearing open. Staff Coordinator Cathy Rosen presented the staff report of January 17 and the following recommendations: (1) RECEIVE PUBLIC TESTIMONY REGARDING THE PROPOSED SILVER SPUR UNDERGROUNDING UTILITY DISTRICT. (2) ADOPT THE PROPOSED RESOLUTION DECLARING SILVER SPUR UNDERGROUNDING DISTRICT AN UNDERGROUND UTILITY DISTRICT AND ORDERING THE REMOVAL OF OVERHEAD FACILITIES PURSUANT TO CHAPTER 12.12 OF THE RANCHO PALOS VERDES MUNICIPAL CODE; AND (3) ADOPT THE PROPOSED RESOLUTION DECLARING THE CITY COUNCIL'S INTENTION TO ORDER IMPROVEMENTS FOR PROPOSED SILVER SPUR UNDERGROUNDING ASSESSMENT DISTRICT. Public Works Director Pulliam reported that he had received correspondence from the school district requesting that consideration be given to widening the parking lane of the newly built Silver Spur Road. He estimated that the cost for this would be approximately $85,0009 With regard to the cost of the undergrounding, Director Pulliam explained that residents were being charged only for the cost of connecting service to their homes from the street. Payment of this connection could be deferred until there is a change in the ownership of the property. City Attorney Lynch announced that because this undergrounding was being paid for by public funds and there would be no assessment, the right of majority protest did not exist in the formation of this district. If, however, the Council was interested in deferring payment on the hook -up cost to individual residences, then the mechanism for such deferral would be the formation of an assessment CITY COUNCIL MINUTES JANUARY 17, 1995 PAGE 3 district as outlined in the proposed resolution. Speaking against this undergrounding district were the following residents of the area: Frances Keches, 26926 Fon du Lac; Michelle Wible, 27116 Fon du Lac; and, Arthur Soto, 27010 Fon du Lac; Their opposition was based on their knowledge that over at least the past year there had been no accidents involving utility poles, they had already been inconvenienced by the construction work on Silver Spur this past year, the undergrounding would result in an increased number of light poles; and, that it was unfair to ask 19 residents to pay for something that other people will also benefit from. Council discussion centered on the fact that Council has tried to underground where possible and when economically feasible, that the General Plan calls for undergrounding, that public funds could not be used to pay for the hook -up of power to the private property of those protesting the district and, that this was an extension of the Hawthorne undergrounding that took place four years ago. Councilman McTaggart moved, seconded by Councilwoman Brooks to adopt RESOLUTION NO. 95 -04 DECLARING SILVER SPUR UNDERGROUNDING DISTRICT AN UNDERGROUND UTILITY DISTRICT AND ORDERING THE REMOVAL OF OVERHEAD FACILITIES PURSUANT TO CHAPTER 12.12 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. Discussion of the motion then focused on whether because of the opposition to this district if adoption could be delayed pending a meeting with the residents of the neighborhood, however it was clarified that it could not be delayed because of certain County deadlines. The motion to adopt the resolution carried on the following roll call vote: AYES: BROOKS, McTAGGART & MAYOR BYRD NOES: LYON Council next considered the resolution for formation of an assessment district for the hook -up costs which would require both a public meeting and a public hearing; said resolution would permit residents to defer the payment of this cost until a change occurred in the ownership of their property. Councilwoman Brooks moved, seconded by Councilwoman Lyon to adopt RESOLUTION NO. 95 -05 DECLARING THE CITY COUNCIL'S INTENTION TO ORDER IMPROVEMENTS FOR PROPOSED SILVER SPUR UNDERGROUNDING ASSESSMENT DISTRICT. Motion carried. AUDIENCE COMMENTS: Responding to the Mayor's call for audience comments for items not on the agenda were the following speakers: Dawn Henry, 6525 Via Colinita, who commented on the appointment to fill the City Council vacancy. Lois Larue, 3136 Barkentine, distributed two handouts: "An Analysis of the Portuguese Bend Landslide" by Karl Vonder Linden and "Portuguese Bend Landslide" by Richard Merriam. APPEAL OF HEIGHT VARIATION NO. 800 (1203 X 1804) The City Clerk announced that notice of this public hearing had been duly published and that written protests had been received by the City and forwarded to the City Council. Mayor Byrd declared the public hearing open. Associated Planner Klopfenstein presented the staff report of January 17th and the following recommendations: (1) CONDUCT THE PUBLIC HEARING AND DENY THE APPEAL THEREBY UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF HEIGHT VARIATION NO. 800 AND EXTREME SLOPE NO. 37; AND, (2) DIRECT STAFF TO PREPARE AND RETURN WITH THE APPROPRIATE RESOLUTIONS AT THE NEXT MEETING. CITY COUNCIL MINUTES JANUARY 17, 1995 PAGE 4 The appellant in this matter Rollin Sturgeon, 5456 Bayridge Road, distributed copies of the View Preservation and Restoration code and cited the instances where in his opinion this proposed structure was in violation of that code. He felt that the height of the structure was not addressed and that the temporary framing and artist rendering of the project showed that the structure was incompatible with the neighborhood and consequently was in violation of Proposition "M." Mr. Michael McNamara, 5402 Bayridge Road, also stated that the application was not compatible with the character of the neighborhood; that the scale and style was different from that which already existed. He stressed that he was not against changes to properties and that other homes have been remodeled with no opposition. Also speaking against this project were the following residents of the area: Pauline Sturgeon, 5456 Bayridge Road; Yvonne and Gene Goppert, 5507 Bayridge Road; Trevor Dawson, 5516 Bayridge Road; Pat Ericson, 3 Rollingwood Drive, Rolling Hills Estates, Stewart Widof, f , 5502 Graylog Street; Richard Hanson, 5430 Bayridge Road; and Paul Christensen, 6317 Tarragon. Most of these residents cited the incompatibility of the proposed project and questioned if the project conformed to the code; expressed concern about individual views that might be blocked; and questioned if the project was designed for most favorable use of the existing property. Becky Christensen, attorney for the property owner Tom Matharu, said that this was a matter of property rights and about improvement of private property in accordance with the Code requirements. Citing the staff and unanimous Planning Commission approval of this project, she urged Council to support those decisions. Tom Matharu, 5303 Bayridge Road, said that prior to buying the home he contacted the City to find out what could be built and that the proposed project reflected what he believed was permissible to be built on that property. He denied blocking anybody's view and as shown on the artist rendering, pointed out that the house was barley visible from the street. Speaking in support of this project were the following residents: Yogi & Ranni Matharu, 5303 Bayridge Road; Tom Ramsey, 5313 Bayridge Road, representing the Silver Spur Beautification Association; Ann Dickson, 5507 Graylog Street; A. B. Van Der Schyff, 5536 Graylog Street; David McCrary, 5507 Elmbank Road; Sandy Kaufmann, 5507 Elmbank Road; Tom McCrary, 5507 Elmbank Road; Thomas Chan, 5345 Bayridge Road; Lyle & Linda Mason, 5549 Graylog Street; Eleanor Fallace, 5513 Graylog Street; Cyrus Irani, 5312 Bayridge Road; Pradeep Vaish, 5513 Elmbank Road; Nat & Parranch Panah, 5561 Graylog Street; Helen and Jack Graux 5317 Rolling Ridge Road; Leo and Dorothy Poxon, 5375 Rolling Ridge Road; Milan and Irena Veteska, 5503 Graylog Street; Patty Woods, 26209 Basswood Avenue; Al Scow, 5302 Bayridge Road; and Rod Walti, 5536 Ironwood Street. Mr. Sturgeon, speaking in rebuttal, said that this hearing was similar to that held by the Planning Commission where people discussed needing a bigger house for various reasons, but that the issue of compatibility and scale were not discussed. He said that compliance with the Code was not determined by the number of people who support a project but whether Code requirements were met. There being no further public testimony, Mayor Byrd ordered the hearing closed. Council discussion focused on the necessity of upgrading the housing stock in that neighborhood, how the size of the lot determines the scale, and that compatibility means different things to the various individuals but should not be used in this case only because of the different type of architectural design of the house. Councilwoman Brooks moved, seconded by Councilwoman Lyon to deny the appeal, thereby approving the project. Motion carried. CITY COUNCIL MINUTES JANUARY 17, 1995 PAGE 5 Recess and reconvene: At 10:00 p.m. Mayor Byrd declared a recess; the meeting reconvened at 10 :10 P.M. RESOLUTION NO. 95 -06 - VACATION OF SEACLIFF DR. (1204 x 1408) The City Clerk announced that notice of this public hearing has been duly published and that no written protests had been received by the City. Mayor Byrd declared the public hearing open. Associate Engineer Allison presented the staff report of January 17 and the recommendation to conduct the public hearing and adopt a resolution of vacation with conditions thereby extinguishing the City right -of -way on Seaclif f Drive and Palo Vista Drive. Representing the Seacliff Homeowners Association was the president of that organization, Kevin Sears, 3324 PalOS Vista Drive, who summarized the history on this request. All 36 members of the association had agreed to this street vacation and that the major reason for the request was security. He then related how his car was broken into and cited another incident where one of his neighbors was followed to her home; also, he said that illegal dumping takes place on the vacant lots in the area. Responding to Council concern regarding building in the public right -of -way which could become a street easement upon this vacation, he said that the association would comply with all side yard and front yard setback code requirements and prohibit any structure in the area vacated. Speaking against this street vacation was Lois Larue, 3136 Barkentine Road. Councilman McTaggart moved, seconded by Councilwoman Lyon to close the public hearing. Motion carried. Council discussion noted that this association had a funding mechanism for the maintenance of these streets, that the streets in this subdivision had been paid for by the developer and not the taxpayers, and that it would be necessary to amend the proposed resolution to include a prohibition on building in the street easement. Council questioned if there was sufficient cause to justify closure of these streets, however, it was argued that this neighborhood would be greatly impacted by the development of Long Point and other projects in that area which justified making the streets private. Councilwoman Brooks moved, seconded by Councilman McTaggart to ADOPT AS AMENDED RESOL. NO, 95 -06 VACATING THE CITY'S INTEREST IN SEACLIFF DRIVE AND PALO VISTA DRIVE. The motion carried on the following roll call vote: AYES: LYON, BROOKS & McTAGGART NOES: MAYOR BYRD RESOL. NOS. 95 -07 & 95 -08 - COUNTY LIGHTING DISTRICTS (1204 x 1405) Associate Engineer Allison presented the staff report of January 17 and the following recommendations: if the Council wishes to pursue the transfer of the street lighting system from the County of Los Angeles (County) to the City, then the Council should consider adopting the following proposed resolutions: (1) REQUESTING DETACHMENT FROM THE COUNTY'S LANDSCAPE MAINTENANCE LIGHTING ASSESSMENT DISTRICT (LLAD); (2) JOINT RESOL. WITH THE COUNTY TRANSFERRING THE COUNTY'S LIGHTING DISTRICT ( CLMD ) FROM THE COUNTY TO THE CITY AND APPROVING AND ACCEPTING THE EXCHANGE OF PROPERTY TAX REVENUE FOR THE CLMD; (3) A JOINT RESOLUTION WITH THE COUNTY OF LOS ANGELES APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM THE TRANSFER OF JURISDICTION OVER COUNTY LIGHTING MAINTENANCE DISTRICT NO. 1560; AND, (4) AUTHORIZE STAFF TO AWARD A PROFESSIONAL CITY COUNCIL MINUTES JANUARY 17, 1995 PAGE 6 SERVICES CONTRACT TO BERRYMAN AND HENIGAR (FORMERLY BSI), FOR THE DESIGN OF STREET LIGHTING SYSTEMS IN CRESTMONT NEIGHBORHOODS. (Staff reported that the contract should be awarded for $15,628.) Speaking in support of the staff recommendation were the following residents of the area: Frank O'Brien, 30085 Avenida Elegante and John Alden, 30088 Avenida Tranquila who urged the Council to adopt the proposed resolutions. They stressed their objection to any light pole over 17 ft. and if that could not be accommodated, then they wanted consideration given to having no lights at all. Mr. Alden requested that the homeowners be advised whether they have any financial responsibility in this matter. Representing the Southern California Edison Co. was Area Manager Scott Gobble, who said that the City would be holding meetings in the three areas affected by this district and that he would be in attendance at those meetings. Councilman McTaggart moved, seconded by Councilwoman Brooks to adopt the staff recommended resolutions with the addition of the $15,628 funding for the contract with Berryman & Henigar. The motion to adopt the proposed resolutions included the following: RESOL. NO, 95 -07 REQUESTING DETACHMENT FROM THE COUNTY'S LANDSCAPE MAINTENANCE LIGHTING ASSESSMENT DISTRICT (LLAD); (2) RESOL. NO. 95 -08 JOINT RESOL. WITH THE COUNTY TRANSFERRING THE COUNTY'S LIGHTING DISTRICT (CLMD) FROM THE COUNTY TO THE CITY AND APPROVING AND ACCEPTING THE EXCHANGE OF PROPERTY TAX REVENUE FOR THE CLMD; (3) RESOL. NO. 95 -09 A JOINT RESOLUTION WITH THE COUNTY OF LOS ANGELES APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM THE TRANSFER OF JURISDICTION OVER COUNTY LIGHTING MAINTENANCE DISTRICT NO. 1560; AND AUTHORIZED STAFF TO AWARD A PROFESSIONAL SERVICES CONTRACT TO BERRYMAN AND HENIGAR (FORMERLY BSI), FOR THE DESIGN OF STREET LIGHTING SYSTEMS IN CRESTMONT NEIGHBORHOODS FOR THE AMOUNT OF $15,628. The motion carried on the following roll call vote: YES: LYON, BROOKS McTAGGART & BYRD NOES: NONE ORDINANCE NO. 306 - REVISION TO PAYROLL (602 x 1202) Finance Director Mattingly presented the staff report of January 17 and the recommendation to INTRODUCE ORDINANCE NO. 306 OF THE CITY OF RANCHO PALOS VERDES REGARDING THE PAYMENT OF COMPENSATION OF EMPLOYEES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. Councilman McTaggart moved, seconded by Councilwoman Lyon to adopt ORDINANCE NO. 306 OF THE CITY OF RANCHO PALOS VERDES REGARDING THE PAYMENT OF COMPENSATION OF EMPLOYEES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. SOUTH BAY COUNCIL OF GOVERNMENTS JOINT POWERS AUTHORITY (306) Public Works Director Pulliam presented the staff report of January 17 and the recommendation that if Council wished, to approve the formation of the South Bay Council of Governments (a joint powers authority) and authorize the Mayor and City Clerk to execute the agreement and by -laws on behalf of the City. After a brief report on the minor changes being made to this report by the Torrance City Attorney, Councilman McTaggart then moved, seconded by Councilwoman Lyon to approve the formation of the South Bay Council of governments (a joint powers authority) and authorize the Mayor and City Clerk to execute the agreement CITY COUNCIL MINUTES JANUARY 17, 1995 PAGE 7 and by -laws on behalf of the City. CITY COUNCIL COMMITTEE ASSIGNMENTS - (301 x 306) City Clerk Purcell presented the staff report of January 17 and the recommendation to select Council delegates and alternates to the various outside committees and organizations. Speaking in opposition to Rob Katherman being appointed as alternate to the Santa Monica Bay Restoration Committee was Lois Larue. The consensus for alternate and delegate representation to these outside organizations was as follows: City Selection - Byrd /Lyon; League of Ca. Cities - Byrd /Lyon; SCAG - Byrd /Brooks; So. Bay Cities & So. Bay Corridor Steering Committee - McTaggart /Lyon; Sanitation Districts (San. Dist. No. 5 & So. Bay Cities San. Dist.) - Byrd /Lyon; SCJPIA - McTaggart /Byrd; Contract Cities - McTaggart /Brooks; So. Bay Juvenile Diversion - Brooks; West Basin Water Assoc. Lyon; Chamber of Commerce ( P.V. Pen. & San Pedro) - Entire Council; Santa Monica Bay Restoration Project - Brooks / Katherman; P V. Trans. Authority - Lyon /Byrd; MAX Policy Steering Committee - McTaggart /Lyon; Regional Sheriff - Byrd /Brooks, League of Ca. Cities Legislative Rep - Lyon; Ad Hoc Committees: Substance Abuse - McTaggart /Brooks; Recycling Bins - McTaggart /Byrd; Beautification (Recycling Grant Awards) - Lyon /Brooks; and, Long Point Development - Byrd /Lyon. SPECIAL ELECTION (301 x 502) City Clerk Purcell presented the staff report of January 17 and the recommendation to adopt the following proposed resolutions: (1) A RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 61 1995 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAW OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. (2) A RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY OF LOS ANGELES TO CONSOLIDATE A RANCHO PALOS VERDES SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 6, 1995, WITH THEIR CITY COUNCIL ELECTION AND WITH THE COMMUNITY COLLEGE DISTRICT ELECTION TO BE HELD ON SAID DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE. (3) A RESOLUTION ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE OF AND THE COSTS THEREOF FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 61 1995. (4) A RESOLUTION AMENDING RESOLUTION NO. 94 -47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1994 -95, FOR A BUDGET ADJUSTMENT TO THE GENERAL FUND FOR A JUNE 61 1995 SPECIAL ELECTION. Councilman McTaggart moved, seconded by Councilwoman Brooks to adopt the staff recommendation. Discussion of the motion centered on the cost for this proposed special election and if any penalty would result from not calling such an election. City Attorney Lynch opined that there would be no penalty, however, it would be possible that upon the filing of a law suit by a citizen, the City could be forced to hold the special election. The motion failed on the following tied roll call vote. AYES: McTAGGART & MAYOR BYRD NOES: LYON & BROOKS SUPPORT FOR TRW TO GET L. A. COUNTY CONTRACT (305 x 1204) Director of Public Works Pulliam reported that the contract for this L. A. County multi -year contract to TRW systems integration group to automate the adult and child welfare system had been awarded to some other company, however, TRW Systems CITY COUNCIL MINUTES JANUARY 17, 1995 PAGE 8 had been awarded a Federal Government contract enabling them to keep their South Bay facility open . STATUS UPDATE - CDBG PROJECTS (601 X 1204 X 1900) It was the consensus to continue this matter to the February 7, 1995 meeting. APPOINTMENT OF TRAFFIC COMMITTEE CHAIR (106 x 301 x 1502) City Clerk Purcell presented the staff report of January 17 and the recommendation that Council select one of the members of the Traffic Committee to serve as chair until December 1995. Mayor Byrd moved, seconded by Councilman McTaggart to appoint James Slayden as Chairman of the Traffic Committee. Motion carried. CITY COUNCIL MASTER CALENDAR The consensus was to continue the matter to February 7. RESOL. NO. 95 -10 - AMENDMENT TO COUNCIL RULES OF PROCEDURE (301 X 307) City Clerk Purcell presented the staff report of January 17 and the recommendation to adopt the proposed resolution amending the City Council Operating Rules and Procedures and amending Section Nos. 5.1 and 5.2 of Resolution No. 93 -20. Discussion focused on whether to retain the audience comments section of the agenda in its current place and whether indeed it was prudent to change the order of the agenda and have the Redevelopment Agency meetings delay City Council public hearings. Councilman McTaggart moved, seconded by Councilwoman Lyon to ADOPT RESOL. NO, 95- 10 AMENDING THE CITY COUNCIL OPERATING RULES AND PROCEDURES AND AMENDING SECTION NOS, 5.1 AND 5.2 OF RESOLUTION NO. 93 -20. Motion carried. Additional discussion ensued relative to the placement of the Audience Comments section of the agenda and if it should be kept in its current place after the 8:30 P.M. recess. It was the consensus that staff should again review this matter and prepare a report for the next City Council agenda. FINANCE DEPARTMENT - POSITION RECLASSIFICATION (602 x 1202) City Manager Bussey presented the staff report of January 17 and the recommendation to approved the reclassification of the existing vacant position in the Finance Department from Accounting Technician to Accountant. Councilwoman Lyon cited concern for the increase cost of $5000 resulting from this reclassification and requested that this matter be delayed until the budget work sessions. A brief discussion ensued wherein it was clarified that the position is now vacant and if the reclassification is delayed then recruitment will have to be done under the present classification. If, at the budget sessions the reclassification is approved, the change could not then be made because by that time the position would have been filled under the current classification. CITY COUNCIL MINUTES JANUARY 17, 1995 PAGE 9 Councilman McTaggart moved, seconded by Mayor Byrd to approve the staff recommendation. The motion carried on the following roll call vote: AYES: BROOKS, McTAGGART & MAYOR BYRD NOES: LYON DISCUSSION OF CONGRESSIONAL & STATE ASSEMBLY CAMPAIGN RHETORIC Councilwoman Brooks referred to a campaign mailer from the November 1994 election which portrayed the City as being fiscally irresponsible when indeed for the first time in several years a budget surplus had been created and not a deficit as stated in the flyer. Mayor Byrd referred to the January 14, 1995 letter from Congresswoman Jane Harmon wherein she stated that 11. . be aware that statements in my campaign were intended solely to highlight substantive differences between me and my opponent," It was the consensus of Council that Ms. Harman's letter did not go far enough in retracting what was said in the flyer, however, they expressed the hope that candidates would talk about the issues and not involve the City in their rhetoric. LONG POINT STATUS REPORT (1101 x 1804) Director Bernard presented his report of January and the recommendation to provide staff with direction if City Council wishes any action to be taken with regard to this item. This report contained a summary of the code enforcement activity at the former Marineland site since its purchase by the Monaghan Company in 1987 up until its recent purchase (now in escrow) by the York Capital Group. The Director's report ended with the conclusion that should the York Capital Group be able to work out an agreement with the Regional Trust Corporation and Monaghan Company to secure the Long Point Property, this should solve the short -term vandalism problems and potential safety hazards on the site. To that end, the staff had been contacted by representatives of the York Capital Group about the requirements of obtaining a Demolition Permit for the Sky Tower from the City's Building & Safety Division. It should be noted, however, all these were only temporary measures to secure this large, essentially vacant property. The long term solution to the code enforcement issues at the site was its eventual development. Representing the Rancho Palos Verdes Resorts (Monaghan Company) was Erica Stuart, 30 Narc i s s a Drive, who reported on her meeting on her January 13 meeting with the York Group where it was agreed that they would proceed with whatever was necessary to secure the property including the suggested possible option of closing the gate. She had no objection to that if the City felt it was necessary. A brief Council discussion then ensued about whether the York Group had been able to get liability insurance for the property. No action was taken on this matter. REPORT ON CLOSED SESSION: City Attorney Lynch reported that the City Council had met in closed session and on a 3 -0 -1 vote (Councilwoman Brooks not present) the Council voted to place an item on the agenda regarding the potential acquisition of property by the City. Said item having arose after the posting of the agenda and required immediate action by the City Council. The City Council on a 4 - 0 vote directed staff to commence preliminary negotiations to purchase property in the landslide area. On a 4 - 0 vote Council authorized the City Attorney to respond to Mr. Hampel's letter of December 19, 1994. CITY COUNCIL MINUTES JANUARY 17, 1995 PAGE 10 ADJOURNMENT: At 11:30 p.m. the meeting adjourned to 9:00 a.m. Saturday, January 21, 1995 for a meeting with the Recreation & Parks Committee until 11:00 a.m. and then a meeting with the View Restoration Commission until 1:00 p.m. Motion made by Councilwoman Brooks. to Y ATTEST: DEPUTY CITY CLERK a:11795CCM JAN 1795 CCMINS CITY COUNCIL MINUTES JANUARY 17, 1995 PAGE 11