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CC MINS 19941206M I N U T E S REGULAR MEETING RANCHO PALOS VERDES CITY COUNCIL DECEMBER 61 1994 The meeting was called to order at 6:00 P.M. by Mayor Pro Tem 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: Following the Pledge of Allegiance to the flag, roll call was answered as follows* PRESENT: BROOKS, McTAGGART, LYON & MAYOR PRO TEM BYRD ABSENT: NONE Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, Planning Director Bret Bernard, Public Works Director Trent Pulliam, Finance Director Brent Mattingly, City Clerk Jo Purcell, City Attorney Carol Lynch and Project Engineer Cathy Rosen. APPROVAL OF AGENDA: Councilwoman Brooks moved, seconded by Councilman McTaggart to approve the agenda. Motion carried. RESIGNATION OF MAYOR KUYKENDALL (106 x 301 x 306) City Clerk Purcell read Mayor Kuykendall's letter of resignation stating that with his election to the California State Assembly, his resignation from the City Council was effective at noon on December 5, 1994. (This letter is on file with the City Clerk's Office.) Councilman McTaggart moved, seconded by Councilwoman Brooks to accept Mayor Kuykendall's resignation. Motion carried. COUNCIL REORGANIZATION (106 x 306) Councilwoman Lyon moved, seconded by Councilman McTaggart to appoint Mayor Pro Tem Byrd as Mayor. Motion carried. Councilman McTaggart moved, seconded by Councilwoman Brooks to appoint Councilwoman Lyon as Mayor Pro Tem. Motion carried. APPROVAL OF CONSENT CALENDAR: Councilwoman brooks 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 NOVEMBER 15, 1994. RESOL. NO. 94 -93 - FIVE -YEAR NPDES STORMWATER PERMIT (1204 x 1402) (1) ADOPTED RESOLUTION NO. 94 -93 ACKNOWLEDGING THE INTENTION OF PARTICIPATING IN THE NEW NDPES STORMWATER PERMIT; (2) AUTHORIZED THE DIRECTOR OF PUBLIC WORKS TO SIGN A LETTER OF INTENT TO PARTICIPATE AS CO- PERMITTEE IN THE NEW PERMIT, AND ACT AS THE CITY'S CONTACT FOR SUBMITTED CORRESPONDENCE RELATING TO THIS PERMIT; AND, (3) AUTHORIZED STAFF TO SEND CERTIFIED COPIES OF RESOLUTION NO. 94 -93 AND THE LETTER OF INTENT TO THE COUNTY OF LOS ANGELES. CONTRACT - OVERLAY OF PV DRIVE SO. (1204 x 1404) (1) AWARDED A CONTRACT TO SILVIA CONSTRUCTION, INC., FOR BID ALTERNATE "A" FOR $ 55,720 AND AUTHORIZED STAFF TO SPEND UP TO AN ADDITIONAL, $ 4,280 FOR CONTINGENCIES FOR A TOTAL AUTHORIZATION NOT TO EXCEED $60,000; (2) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH SILVIA CONSTRUCTION, INC., FOR THE RESURFACING OF PALOS VERDES DRIVE SOUTH FROM THE EAST CITY LIMIT TO CONQUEROR. VACATION OF ALLEYS - PORTO VERDE APARTMENTS (1204 x 1408) DIRECTED STAFF TO BEGIN THE STREET VACATION PROCESS AND BRING THIS MATTER BACK TO THE CITY COUNCIL AT A FUTURE MEETING. CLAIM AGAINST THE CITY - JAMES McMAHON (301 x 303). REJECTED THE CLAIM AND DIRECTED THE CITY CLERK TO NOTIFY THE CLAIMANT OF COUNCIL'S ACTION. M.O.U. WITH MTA (1204 x 1505) (1) ADOPTED A MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR TRAFFIC IMPROVEMENTS THROUGH THE COORDINATION OF TRAFFIC SIGNAL SYSTEMS ALONG FOUR MAJOR ARTERIALS AND SUPPORTING ROUTES IN THE SAN DIEGO FREEWAY (ROUTE 405) CORRIDOR; AND, (2) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE THE MEMORANDUM OF UNDERSTANDING ON BEHALF OF THE CITY. RESOL. N09 94 -94 - USED OIL RECYCLING BLOCK GRANT (1204 x 1301) (1) AUTHORIZED APPLICATIONS FOR A GRANT TO CONTINUE THE USED OIL RECYCLING PROGRAM; AND (2) ADOPTED RESOL, NO, 94 -94 AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE ANY AGREEMENTS, CONTRACTS AND REQUESTS FOR PAYMENT AS NECESSARY TO IMPLEMENT TO PROGRAM. RESOL. NO. 94 -95 - REGISTER OF DEMANDS (602) ADOPTED RESOL. NO. 94 -950 The motion to approve the Consent Calendar carried on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: # BROOKS, LYON, McTAGGART, & MAYOR BYRD NONE NONE BROOKS ON THE MINUTES OF NOVEMBER 15, 1994. # RECYCLE DRAWING: (1301) Mayor Byrd reported that the recycle winner for the month of November was Stuart Cole. This winning entitled the Cole Family to one year's worth of free refuse pick -up. The Mayor also announced that the City would be conducting a curbside Christmas Tree Recycling Program starting December CITY COUNCIL MINUTES DECEMBER 61 1994 PAGE 2 26 through the month of January 19950 These trees will be processed for composting and as fuel at a waste -to- energy facility. DALADIER UNDERGROUNDING DISTRICT (901 x 1204) Project Engineer Cathy Rosen presented the staff report of December 6 and the recommendations to. (1) CONDUCT A PUBLIC HEARING AND RECEIVE TESTIMONY REGARDING THE PROPOSED CHANGES AND THE SUPPLEMENTAL ASSESSMENT IN CONNECTION WITH RANCHO PALOS VERDES IMPROVEMENT DISTRICT NO. 5A, DALADIER DRIVE, ET AL; (2) DETERMINE THE AMOUNT OF PROTESTS THAT HAVE BEEN FILED AGAINST THE PROPOSED CHANGES AND THE SUPPLEMENTAL ASSESSMENT; (3) APPROVE AGREEMENTS WITH SOUTHERN CALIFORNIA EDISON, PACIFIC BELL AND TIMES- MIRROR CABLE TELEVISION IN CONNECTION WITH RANCHO PALOS VERDES IMPROVEMENT DISTRICT NO, 5A, DALADIER DRIVE, ET AL; (4) AWARD THE CONSTRUCTION BID TO MEL SMITH ELECTRIC, INC., SUBJECT TO RECEIPT OF BOND PROCEEDS AND THE ACQUISITION OF NECESSARY EASEMENTS IN AN AMOUNT NOT TO EXCEED $789r371, PLUS A CONTINGENCY OF $78,900, FOR A TOTAL OF $868,271; AND , ( 5 ) ADOPT THE PROPOSED RESOLUTION OVERRULING PROTESTS, ORDERING PROPOSED CHANGES TO BE MADE, AND CONFIRMING A SUPPLEMENTAL ASSESSMENT IN CONNECTION WITH RANCHO PALOS VERDES IMPROVEMENT DISTRICT NO. 5A, DALADIER DRIVE ET AL. Continuing with her report, Ms. Rosen summarized the most recent action taken on this undergrounding district: at the September 20 meeting, Council adopted Resol. No. 94 -83 which declared their intention to order a supplemental assessment in connection with Improvement District No. 5A, Daladier Drive, et al. Also adopted was Resol. No. 94 -84 which proposed certain changes in the improvement district, approved the Engineer's Report regarding the levying of the supplemental assessment and scheduled the December 6th hearing. She continued that this hearing was being held to receive public testimony concerning the proposed supplemental assessment and to determine the amount of protest to the project. She said that the Council could order changes in the supplemental assessment provided there was no increase in the assessment. She then listed the following cost increases which had occurred since 1989: construction went from $670,900 to $789,371 plus a 10% contingency for a total of $868.721; work to be done by the utility companies increased from $135,016 to be $185,957. Increases were also experienced for easements: there were 31 separate easements that were required to construct this project and in 1989 the utility companies were going to prepare and obtain those easements; at this time, however, they were no longer going to obtain the easements and the City must now obtain the easements. The current cost estimate included $1000 per easement for the services of a right -of -way engineer to prepare the easement documents and to negotiate with the property owners. The estimate also included $ 8000 for an appraisal report and $62,000 for eminent domain proceedings should it become necessary. These changes amounted to a net increase of approximately $113,000. In the area of financing, costs had also increased: in 1989 the City negotiated with a single buyer and was also contemplating purchasing the bonds. Based on input from a financial consultant and bond counsel, six months capitalized interest and a reserve fund was now added. Financial expenses had increased by approximately $169,000 over 1989 estimates. Other incidental costs increased by $54,000. Based upon revised cost estimates, the range of the assessments would be from $12,109.91 to approximately $18,000 not including assessments for improvements on private property. The supplemental assessments ranged from $4926.00 to $73900 Speaking to the amount of opposition received for this project, she said that her office had received 61 protest letters which amounted to 61.61% protest by land areas. Additionally, the City had received four additional protest letters, CITY COUNCIL MINUTES DECEMBER 6, 1994 PAGE 3 however the ownership of these lots was in question and additional information was being sought to verify their validity. Councilman McTaggart moved, seconded by Councilwoman Brooks to waive reading of the protest list. Motion carried. Speaking in favor of this district were the following persons: Elaine Shallenberger, 2214 Daladier Drive, representing the Kings View Homeowner Association; Lillian Witzerman, 2031 Daladier Drive; Patricia McKenzie; Frieda Sliskovich, 2041 Daladier Drive; Al Nakazawa, 2320 Daladier Drive; and, Robert Young, 2364 Daladier Drive. Their reasons for support were as follows: the utility poles disrupted the magnificent views in the area, the City's General Plan called for the undergrounding of utility lines, the proposed assessment amounted to only three percent of the sale price of the average home in that neighborhood, undergrounding the utility lines would improve safety in the area and, finally, that further delay would only increase the project cost even more. Speaking in opposition were the following persons: Dr. John Rosental, 2410 Daladier Drive; Violet Parkhurst, 2300 Daladier Drive; Karlen G. Shepak, 2111 Chandeleur Drive; Joyce Smith, 58 Avenida Corona; Jere K. Morgan, 29 Avenida Corona; Lee McGee, 34 Avenida Corona; William Mathisen, 2404 Daladier Drive; Edward Schneider, 2017 Suana Drive; Julian Foley, 2025 Suana Drive; Phyllis Engeln, 2251 Daladier Drive; and, Lois Larue, 3136 Barkentine Road. Their reasons for opposition were as follows: the undergrounding would benefit some more than others; the cost was so high it would work a hardship on a lot of people, especially those who lived on a fixed income; concern was expressed about the stability of the land in certain areas, especially those properties with slopes; and, concern that the bid was not certain and that cost would be even higher. Scott Gobble, representing the So. California Edison Company explained the possible alternatives such as undergrounding small pockets in the area. Councilman McTaggart moved, seconded by Councilwoman Brooks to close the public hearing. Motion carried. Council discussion centered on the support that councilmembers had given this project over the past several years, yet concern was expressed about the increase in the assessment which had occurred as a result of the protracted litigation of this district. Councilman McTaggart moved, seconded by Mayor Byrd to not take any action on this matter. The motion carried. Councilman McTaggart moved, seconded by Councilwoman Lyon to abandon the district and prepare the appropriate documents to remove the property liens and prepare to refund the money deposited with the City. Motion carried. Councilwoman Brooks moved, seconded by Councilwoman Lyon that staff be accessable to individuals who are interested in working with their neighbors in undergrounding certain pockets in the district. Motion carried. Councilman McTaggart moved, seconded by Councilwoman Lyon to rescind Resolution No. 89 -31 ORDERING PROPOSED CHANGES TO BE MADE, CONFIRMING A PROPOSED ASSESSMENT, CONFIRMING A PROPOSED MAXIMUM ANNUAL ASSESSMENT, ORDERING PROPOSED IMPROVEMENTS TO BE MADE AND DECLARING ITS ACTION UPON THE ENGINEER'S REPORT, AS MODIFIED, AND THE ASSESSMENT IN CONNECTION WITH RANCHO PALOS VERDES IMPROVEMENT DISTRICT NO. 5A, DALADIER DRIVE, ET AL. Motion carried. Staff was directed to prepare a resolution memorializing the abandonment of the CITY COUNCIL MINUTES DECEMBER 6, 1994 PAGE 4 district. Recess and Reconvene: At 8:25 P.M. Mayor Byrd declared a recess. The meeting reconvened at 8:32 P.M. Audience Comments: Responding to the Mayor' s call for Public Comments for items not on the agenda were the following persons: Representing the Ladera Linda Homeowners Association was Bob Mucha, 32460 Searaven Drive, who stated that his association had supported the recycling program but were concerned about the fast turn - around time on the City's grant application. He requested that for the 1995- 96 budget the Council consider a broader program of planning and distribution of the recycling fund and get full disclosure about distribution for all neighborhoods in the community. Roy Fulwider, 28219 Hazelridge Road, inquired about the City's support for public ownership of electric power producing entities. TENTATIVE PARCEL MAP NO. 21392 (1203 x 1410) Assistant Planner Klopfenstein presented the staff memorandum of December 6 and the recommendations to: 1) Conduct a Public Hearing and Deny the appeal , thereby Upholding the Planning Commission's denial of the subdivision; and, 2) Direct staff to prepare and return with appropriate Resolutions at the next regular meeting. The City Clerk reported that notice of the public hearing had been duly published and that all protest letters were contained in the Council's agenda packet. Speaking for the property owners was their planner and designer Jim Marquez, 1860 So. Elena Avenue, Redondo Beach, who told the Council that it was his intent to work with the Palos Verdes Homes Association and the Planning Commission to arrive at a compromise. With no objection being voiced, Mayor Byrd ordered the public hearing closed. Councilwoman Lyon announced that she lives on Via Colinita, however her home was located more than 300 ft. away from the project site and consequently presented no conflict of interest for her to participate in discussion of this matter. Councilwoman Brooks moved, seconded by Councilwoman Lyon that the applicant consider Alternative No. 2 (remand the project to the Planning Commission for 'consideration of subsequent project design concepts) and that they work closely with both the Palos Verdes Art Jury and the Planning Commission. Motion carried. STREET VACATION - SEACLIFF DR. & PALO VISTA DR. (1204 x 1408) Associate Engineer Dean Allison presented the staff report of December 6 and the recommendation to conduct a public hearing and adopt the proposed resolution of intention to vacate Seacliff Drive and Palos Vista Drive. Representing the Seaclif f Hills Homeowners Association was Kevin Sears, who said that they now had obtained the signatures of 34 of the 36 property owners; that this represented a 90% approval of the proposed street vacation. He said that the residents are not doing this to increase their property values but for their security and comfort. Speaking in opposition to this proposed street vacation was Lois Larue. There being no objection, Mayor Byrd ordered the public hearing closed. CITY COUNCIL MINUTES DECEMBER 6, 1994 PAGE 5 Councilwoman Brooks moved, seconded by Councilwoman Lyon to adopt RESOLUTION NO. 94 -96 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING ITS INTENTION TO VACATE SEACLIFF DRIVE AND PALO VISTA DRIVE. Motion carried. FISCAL YEAR 1993 -94 - FINANCIAL AUDIT (602) Accounting Manager Linda Boer presented the staff memorandum of December 6 and the recommendation to receive and file the 1993 -94 Comprehensive Annual Financial Report of the City of Rancho Palos Verdes and the corresponding audit management letter. Councilwoman Brooks moved, seconded by Councilwoman Lyon to ORDER RECEIVED AND FILED THE 1993 -94 COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY AND THE CORRESPONDING AUDIT MANAGEMENT LETTER. Motion carried. CYCLE SEVEN - RECYCLING BEAUTIFICATION GRANT AWARDS (1204 x 1301) Senior Administrative Analyst Dolleschel presented the December 6 staff memorandum and the recommendation that $21,600 in Recycling Beautification Grants be awarded to the eight applicants listed in Exhibit "A" who have received no prior recycling grants. Ken Holt, 6201 Picardie Road, representing the Miraleste Homes Association, suggested that these grants be reviewed to take into consideration the number of members in the association and the merit and usefulness of the project. He said his organization is trying to refurbish the tennis courts at Miraleste which used to be maintained by the City but was returned to the jurisdiction of the School District. His added that his association had a fundraiser for this cause and he felt that this project deserved special consideration. Gerri Soffa, 265276 Hawkhurst, representing the Blackhorse Homeowners Association which has 450 members said that in the late 1960s her association paid for the beautification of their entrance but that the letters identifying the area have since fallen off and hence the reason for their grant application. Although not present at the meeting, Sharon Solari from the Seaview Homeowners Association submitted a -letter requesting Council I's approval for Recycling Grant #7 for her association. ( Said letter is on file with the City Clerk's Office.) Council discussion centered on the process used to determine the worth of proposed projects, the accuracy of project costs, and generally what criteria has been used to judge these projects. The suggestions made that consideration be given to the comments made by Mr. Mucha made under Audience Comments. Mayor Byrd appointed Councilmembers Brooks and Lyon to serve as an ad hoc committee to review the grant applications and return to Council with their recommendations. ACQUISITION OF TENNIS COURTS FROM THE SALVATION ARMY (602 x 1201) City Manager Bussey presented the staff memorandum of December 6 and the recommendation to authorize the Mayor and staff to formally communicate with the Salvation Army requesting that they consider transferring ownership of their tennis facilities to the City upon expiration of their current lease with ARC management. Council discussion of this matter focused on the issue of the gift of public funds for this facility which would be used by a small portion of the population; CITY COUNCIL MINUTES DECEMBER 6, 1994 PAGE 6 whether the City wanted to get involved in the operation of a tennis court; and, that the best approach might be to have a private organization operate the tennis club. Councilwoman Brooks moved, seconded by Councilwoman Lyon to adopt the staff recommendation. Motion carried. FIVE YEAR FINANCIAL MODEL (602) City Manager Bussey presented the staff memorandum of December 6 and the recommendation that if Council wished to maintain City services and programs at the current level, that a reduction in the utility user tax of between one -half and one percent to one percent be considered. Reviewing past discussion of this subject, Mr. Bussey stated that Council had directed staff to prepare a five year financial model once it had been learned how the State's budget would impact the City. With the use of an overhead projector, Finance Director Mattingly explained four financial models ( also contained in the staff report) which projected the City's revenue for the next five years in the event of continuation of a 3% Utility User Tax (UUT) and the effects on revenue if it was reduced to 2%, 2.5%, or eliminated. Director Mattingly reminded Council that the City had very little experience with these models, that certain assumptions had to be made in their preparation and there was no guarantee of the projections made in the models. Recess & Reconvene: At 9 :50 P.M. Mayor Byrd declared a recess; the meeting reconvened at 10:00 P.M. Representing the Peninsula Seniors was F. I Thrift, 29402 Quailwood Drive, who spoke in favor of retaining the present tax base to allow the use of discretionary funds to build a senior facility. Edith Mayerson, 28815 Trailriders Drive, also representing the Peninsula Seniors, said that the imposition of the utility tax allowed the City to build a reserve and restore some services that had been cut. Council discussion focused on the fact that during the budget process the Council had realized that the City was not spending all of the revenue being collected with this tax, but it was argued that keeping it at its present level reduced the need of increasing it in the near future and having to go through the public hearing process in the event additional revenue was needed. Moreover, concern was expressed about the revenue "flat spots" projected in the financial models. Lastly, it was agreed that since this tax would have to go through the review process in January 1996 anyway, and that this additional year would give the City one more year of experience with this financial model. Mayor Byrd moved, seconded by Councilman McTaggart to continue the three percent Utility User Tax and review the matter again in January 1996. Motion carried. COMMITTEE AND COMMISSION REORGANIZATION Councilwoman Lyon moved, seconded by Councilman McTaggart to continue this matter until the next meeting. Motion carried. CITY COUNCIL COMMITTEE ASSIGNMENTS (301 x 306) Councilwoman Brooks moved, seconded by Councilman McTaggart to approve appointment of the Mayor and Mayor Pro Tem to the Sanitation Districts and to the City Selection Committee. Motion carried. CITY COUNCIL MINUTES DECEMBER 6, 1994 PAGE 7 It was the consensus to make the remainder of these appointments at the December 20 meeting. CITY COUNCIL VACANCY (301 x 306) City Clerk Purcell presented the staff memorandum of December 20 and the recommendation that within 30 days Council consider either filling the City Council vacancy by appointment or calling a special election. Councilwoman Lyon moved, seconded by Councilman McTaggart to fill the council vacancy by appointment. Motion carried. It was the consensus that staff should advertise this vacancy and that interviews would take place December 19 and that appointment could take place at the December 20 meeting. LEAGUE OF CA. CITIES -CITY LEGISLATIVE DELEGATE PROGRAM (306 x 1102) City Manager Bussey presented the staff memorandum of December 6 and the recommendation to appoint a member of the Council to serve as the City's legislative delegate to the League of California Cities. Mayor Byrd moved, seconded by Councilwoman Brooks to appoint Mayor Pro Tem Lyon to be the City's legislative delegate to the League of California Cities. Motion carried. BEACH CURFEW ORDINANCE (1201 x 1203) Code Enforcement Officer Rodericks presented the staff report of December 6 which stated that the Recreat ion & Parks Committee had decided against recommending a curfew at this time. A brief Council discussion ensued which clarified that a curfew does exist and simply needed to be enforced. With regard to the fire hazard in the beach area, staff was requested to get the latest information from the Fire Department about activity in Abalone Cove beach area. Councilman McTaggart moved, seconded by Mayor Byrd to order receive and file the report. Motion carried. NEW PROJECT AREA DEBT TIME LIMITS (1101 x 1900) City Attorney Lynch summarized the background on the Community Redevelopment Act of 1993 as outlined in the October 11, 1994 letter from Assistant City Attorney Robin D. Harris. Ms Lynch recommended that Council introduce the proposed ordinance. Councilwoman Brooks moved, seconded by Councilman McTaggart to INTRODUCE ORDINANCE NO. 305 OF THE CITY OF RANCHO PALOS VERDES AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1 OF THE RANCHO PALOS VERDES REDEVELOPMENT PLAN BY CHANGING TIME LIMITS ON THE ESTABLISHMENT OF INDEBTEDNESS the motion carried on the following roll call vote: AYES: BROOKS, LYON, McTAGGART & MAYOR BYRD NOES: NONE COUNTY LIGHTING DISTRICTS (1101 x 1405) City Manager Bussey presented the December 6 staff report and the recommendation that if Council wished to consider the feasibility of acquiring the County Street Lighting Districts located within the City's boundaries, that staff be instructed CITY COUNCIL MINUTES DECEMBER 6, 1994 PAGE 8 to have a comprehensive analysis of the issues and costs related to such acquisition prepared for Council consideration. Councilwoman Brooks moved, seconded by Councilman McTaggart to do feasibility study for acquiring street lighting district. Speaking in favor of the City acquiring the lighting districts was Svein Fougner, 32506 Seahill Drive, who read from a prepared statement. Mr. Fougner felt that the plans of Southern California and the County were well intentioned but not very suitable for his area. Continuing, he explained that some of the townhomes in his complex have a direct view to the west and south; that they enjoy the view of the Marineland Tower and of Santa Catalina Island and that the sunsets are terrific. He went on to explain the plans for increased lighting standards in his area and objected to them because he felt they were not necessarily what local residents wanted for residential areas in this City. He urged the Council to take over administration of the lighting districts. (Mr. Fougner's letter is on file with the City Clerk's Office.) Also speaking against the proposed light standards was John Alden, 30099 Avenida Tranquila, who presented petitions signed by residents of the Monte Verde area. He stated his surprise when he learned of the new lights to be installed, particularly since they were being installed by the County and not the City. He said that there are 153 homes in his neighborhood and that residents were surprised that the County had adopted standards which would have twice the amount of illumination that presently exists. He then described the County's proposed fixture as a 25 ft. tall standards with a 6 ft. arm that was directed over the street. Eugene Carver, 30032 Avenida Esplendida, said the issue was one of control and whether the City wanted to control the lighting districts within the City. Frank O'Brien, 30085 Avenida Elegante, complained about the poor aesthetics that the 25 ft. standard would present for the neighborhood, and objected to the increased illumination. He said that the City involvement was important in order to get something other than what the County proposed. He suggested the present lights be left in place. Council then briefly discussed how other city lighting standards compared with county standards, the number of cities that are part of the County lighting District, if this was an issue of local control, and if there were alternative standards that would meet the requirements. Joe Gadosh, representing the Street Lighting Division of L. A. County Public Works, said that these standards were a nationally accepted standard that take into consideration residential and commercial areas and set various lighting levels. He stated that there are presently 23 cities under the County Lighting District. Representing Southern California Edison was Scott Gobble, who said there are ten to fifteen styles of poles and that some are shorter than 20 ft. He then described the area of illumination by these various poles. Councilwoman Brooks moved, seconded by Councilman McTaggart to consider the feasibility of acquiring such street lighting districts. Motion carried. REPORT ON CLOSED SESSION City Attorney Lynch announced that the Council had met in Closed Session and considered the matter of Baer vs. J. R. Development and that the City Attorney was directed to prepare an agreement with Charles Abbott Associates regarding the CITY COUNCIL MINUTES DECEMBER 61 1994 PAGE 9 defense of the case. Council also discussed parcels 10 and 13 in the moratorium area and Council directed staff to prepare a response letter to Mr. Hempel, Attorney for Palos Verdes land Holding Co. Also discussed was whether to initiate litigation against an individual who has been harassing members of the City Council. The City Attorney was directed to send a letter to the individual and her attorney. ADJOURNMENT: At 11:18 P.M. Council adjourned to a Town Hall meeting on December 8 at 7:00 P.M. in the Community Room at City Hall on motion of Councilwoman Lyon. MAYOR ATTEST: CITYCLERX c:\wp5l\minutes\12694ccm CITY COUNCIL MINUTES DECEMBER 6, 1994 PAGE 10