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CC MINS 19831101M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 1, 1983 The meeting was called to order at 7:30 P.M. by Mayor Robert E. Ryan at the Palos Verdes Unified School District building, 30942 Hawthorne Boulevard. After the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: B&CHARACH , DYDA, HE IN , AND MAYOR RYAN ABSENT: NONE Also present were City Manager Donald F. Guluzzy, City Attorney Steve Dorsey, Director of Environmental Services Sharon Hightower, City Clerk Jo Lofthus, Administrative Services Director Kiti Laisure, Community Services Director Tom Bandy, Director of Public Works Charles Abbott, Deputy Public Works Director Gordon Siebert and Administrative Assistant Greg Beaubiene WAIVER OF FULL READING OF Councilwoman Hein moved, seconded by Councilman ORDINANCES & RESOLUTIONS Dyda and carried, to waive reading in full of all ordinances and resolutions adopted at this meeting with consent to the waiver of reading deemed to be given by all Councilmembers after reading of the title, unless specific request was.made at that time for the reading of such ordinance or resolution. APPROVAL OF AGENDA The City Clerk announced the following. additions: Membership San Pedro /Peninsula Chambers of Commerce, Ganado Flood Control, AB4, Council Meeting dates, and Amendment to the Abalone Cove Beach Agreement. CONSENT CALENDAR The City Clerk announced that the following items were deleted from the Consent Calendar: Register of Demands and Approval of Tract 37818. The Consent Calendar was approved as follows on motion of Councilwoman Bacharach seconded by Councilman Dyda. MINUTES Adopted the minutes of October 18, 1983. SALE OF CITY OWNED Authorized the Mayor and City Clerk to HOUSE sign an extension to the agreement with (1404) Coldwell Banker for the sale of the City -owned house. ACCEPTANCE OF BIKEWAY Accepted the Palos Verdes Drive South PROJECT & RELEASE OF Bikeway project as complete and released BOND the Faithful Performance Bond No. U45 89 78 (112) in the amount of $35,102.90, and directed the City Clerk to notify the surety and the con - tractor. SEWER HOOK -UP ON Denied the sewer connection and directed staff WESTERN AVENUE to notify the developer that the City may (1402) consider other development alternatives after it is reviewed by the Environmental Services Departments, POINT VICENTE PARK = Authorized the City Manager to process a change PARKING LOT PAVING order for paving of the parking lot at Pt . Vicente (1201) Park with a one inch surface layer, at a cost not to exceed $5,726-70 to be funded from the Pt. Vicente Park contingency appropriation. POINT VICENTE PARK - Authorized the City Manager to process a change UTILITY SERVICE FENCE order for the construction of the security fence (1201) alternative No. 2 around the utility services structure, at a cost not to exceed $4,498.64 to be funded from the Pt. Vicente Park contingency appropriation. POINT VICENTE PARK - Authorized the City Manager to process a change BUILDING DRAINAGE order for additional drainage work at the Inter - (1201) nretive Center, at a cost not to exceed $883 to be funded from Pt. Vicente Park Contingency fund. POINT VICENTE PARK - Authorized the City Manager to process a change ADDITIONAL CONCRETE WORK order for additional concrete work at Pt. Vicente (1201:) Park at a cost not to exceed $424.20, to be funded from contingency fund POINT VICENTE PARK - Authorized the City Manager to process a change BENCHES order for assembling City provided benches at the (1201) park, at a cost not to exceed $349.97 to be funded from Pt. Vicente Park contingency appropriation. COUNCIL 4002- 11/1/83 #700Y -A17 ORDINANCE N0.175 - Adopted ORDINANCE N0. 175 OF THE CITY OF RANCHO PALOS APPROVING CODE VERDES APPROVING CODE AMENDMENT N0. 19 AND AMENDING AMENDMENT N0. 19 THE RANCHO PALOS VERDES MUNICIPAL CODE TO PERMIT (1801) OLYMPIC RENTAL HOUSING, CONSTRUCTION OF MINOR ADDI- TIONS IN IN SUB- REGION 6 AND OTHER MISCELLANEOUS REVISIONS • ORDINANCE N0. 176 - Adopted ORDINANCE N0. 176 OF THE CITY OF RANCHO PALOS ALCOHOLIC BEVERAGE VERDES CONCERNING OPENED ALCOHOLIC BEVERAGE CONTAINERS CONTAINERS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. (102) CLAIM AGAINST THE CITY Rejected the claim under Government Code Section BY LUIS ALONSO ESCOBAR No. 912.6 and directed the City Clerk to notify (303) the claimant. RESOLUTION N0. 83 -72 Adopted RESOLUTION N0. 83 -72 OF THE CITY'COUNCIL COUNTY LIGHTING MAINTENANCE OF THE CITY OF RANCHO PALOS VERDES GRANTING DISTRICT N0. 1865 CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES (1405) IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT N09 1865 AND THE COUNTY LIGHTING DISTRICT LLA -1 OF THE CITY OF RANCHO PALOS VERDES PETITION NO. 324 -113. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: BACHARACH , DYDA , HE IN , AND MAYOR RYAN NOES: NONE ABSENT: NONE Councilwoman Hein abstained from voting on the Minutes of October 18, 1983. VISTA PARK - Director Hightower presented the November 1, 1983 GRADING PERMIT N0. 670 staff memorandum covering the background on this (1801) appeal to the Planning Commission's denial for stockpiling, and the review of the park plans by the Parks & Recreation Committee and Planning Commission. In addition to the seven recommendations of the Parks & Recreation Committee and Planning Commission, staff was recommending an additional three. Representing the appellent was Peter Delgado, 22939 Hawthorne Boulevard, who told the Council that he had reviewed all of the items suggested by the Parks & Recreation Committee and staff. He requested that Council give him permission to relocate the dirt pending final approval of the grading permit. His company is willing to furnish a bond for this matter. COUNCIL -3- NOVEMBER 1, 1983 #700Y -A18 Councilman Dyda moved, seconded by Councilwoman Bacharach and carried to adopt the staff and Parks & Recreation Committee recommendations as follows: 1) An additional trash receptacle be provided near the street. 2) A 42 inch high railing be installed along the bluff edge. 3) A reduction in the number of palm trees. 4) Removal of the pine grouping in the center of the site, a reduction in the number of pines, and use of Canary Island pines only. 5) An appropriate alternate material for the "hedge buffer" on the property lines. 6 ) Low maintenance "turf"'. 7 ) A means of blocking four wheel traffic from the park site. 8) Approve the grading as conditioned. 9) Direct the applicant to work with the staff on other revised plans, and cost estimates. The final plan to come back to the Council with the costs. 10) Include the access easement issue and findings in the review of Parks master plan. Additional discussion-ensued regarding permission to the applicant to move the dirt. Councilman Dyda moved, seconded by Mayor Ryan to allow the applicant to move the dirt subject to posting a bond in an amount approved by the City and that the grading be completed within 90 days. The motion carried on the following roll call vote: AYE S : DYDA , HEM IN , AND MAYOR RYAN NOES: BAC.i.iARACH ABSENT: NONE SEALAND PETS & Director Hightower presented the November 1st TROPICAL FISH memorandum prepared in response to Council's ( 701) request that staff investigate the means by which Mr. Rex Larimer could sell small animals in an area presently designated residential R -2. Alternatives presented were that the applicant could apply for a Variance or submit a request for initiation of a General Plan Amendment to change the land use to commerical. The applicant in this matter was present at the Meeting and indicated that he understood the alternatives presented. REVIEW OF CABLE Director Bandy presented the October 21, 1983 TV ORDINANCE staff memorandum and critique of the City's ( 605 ) present Cable TV Ordinance. After completion of the critique the consultant recommended: 1) The content of the draft Ordinance needs reordering, and 2) Additional content is needed to correct identified omissions. Staff recommended that Cabrera Associates be retained to reorder and provide content as outlined in their critique dated October 26, 1983 for a fee not to exceed $9000 Council discussion ensued regarding the use of other ordinances and how the consultant would to :Qarmake the ordinance for Rancho Palos Verdes. Council- woman Bacharach moved, seconded by Councilman Dyda to approve the staff recommendation. The motion carried on the following roll call vote: AYES: B&CHARACH, DYDA, HEIN, AND MAYOR RYAN NOES: NONE ABSENT. NONE COUNCIL -4- NOVEMBER 1, 1983 #7OOY -A20 BUILDING & SAFETY City Manager Guluzzy presented the October 28th SERVICES memorandum containing staff's recommendation (201) for the hiring of a private contractor to provide the City with Building & Safety/ Engineering Services. Council then discussed the hourly rates of the bidders, how these charges compared with those of the County, and the fact that the whole idea behind going to a private contractor was to obtain a better quality of service for the City. Representing Willdan & Associates was Russ Maguire who responded to Council's questions regarding their use of a geologist, and the relationship of the geologist to his firm and to the City. Representing Roy Jorgensen & Associates was Charles Abbott, who told the Council that his firm is currently providing such services for the City of Belvedre. In response to Council's inquiry, the City Attorney said that awarding of such a contract was not based on the low bidder concept, but was also dependent upon who the Council felt would provide the best service to the City. Councilman Dyda moved, seconded by Councilwoman Bacharach that the firm of Roy Jorgensen. & Associates be approved to provide Building and Safety /Engineering services by contract with the City. The motion carried on the following roll call vote: AYES: B&CHARACH , DYDA , HE IN , AND MAYOR RYAN NOES: NONE ABSENT: NONE Councilwoman Bacharach then moved, seconded by Councilwoman Hein and carried to adopt the remainder of the staff recommendations as follows:' 1) That staff be requested to negotiate a contract for Council approval on December 6, 1983. 2) That the -staff recommend budget appropriation of $7,606 be approved. 3) That Council approve an initial staff level increase of one -half time Clerk- Typist to the Environmental Services Department on a trial basis, and 4) That staff be directed to critically evaluate and monitor the workload of the Department and the contract to determine if any changes in staff support are necessary for efficient delivery of services. 5) That the County contract be terminated and staff make the necessary arrangements for a smooth transition. GOLDEN COVE ECONOMIC STUDY (701) motion for the expenditure of seconded by Councilwoman Hein Council discussed whether the "immediate area" should be defined for the consultants prepar- ing this Economic Study, the intent of the Work Session to review this Economic Report, and whether it was necessary to pass another funds for this report. Councilman Dyda moved, to authorize the Mayor and City Clerk to sign a COUNCIL -5- NOVEMBER 1, 1983 #700Y -A22 contract with Williams- Kubelbeck & Associates for a not to exceed price of $12,500 with the scope as revised. Additionally, that a Draft Report be presented to Council for a Work Session prior to finalization. The motion carried on the following roll call vote: AYES: DYDA , HE IN , AND . MAYOR RYAN NOES: BACHARACH ABSENT: NONE MEETING DATES The City Clerk reported that the County will not certify the Election until November 22nd, and Council has the option to swear in the newly elected members on that date or at a later time. It was the consensus of Council that this matter be placed on the November 15th Agenda for discussion. MIRALESTE FIRE STATION Referring to the October 6, 1.983 letter from ` Miraleste Park & Recreation to Supervisor Dana it was the consensus of Council that staff up- date the status of this request by the District for a new fire station. SAN PEDRO CHAMBER OF COMMERCE MEMBER- SHIP (1102) Pedro and Peninsula Chamber roll call vote: Council discussed the pros and cons of the City Manager's membership in the San Pedro and Peninsula- Chamber of Commerce. Councilwoman Bacharach moved, seconded by Councilman Dyda to authorize the City Manager to join the San of Commerce. The motion carried on the following AYES: BACHARACH , DYDA , AND HE IN NOES: MAYOR RYAN ABSENT: NONE ASSEMBLY BILL N0. 4 Councilman Dyda reviewed this Bill which he felt (306) was in direct opposition to the PROJECT INDEPENDENCE being promoted by the League of California Cities. He requested that Council voice their objection to the bill since it would eliminate revenue raising measures for cities and put them in the hands of the county. Councilwoman Bacharach moved, seconded by Councilman Dyda and carried to send a letter to our representatives in Sacramento telling them about the Council's concern over this bill. Additionally, it was requested that a summary of this Bill be placed on the November 15th Agenda so Council could take formal action. COUNCIL -6- NOVEMBER 1, 1983 #700Y -A23 GANADO FLOOD CONTROL Deputy Public Works Director Siebert read a letter (604) to be sent to the Flood Control District requesting that they take immediate action to correct an erosion problem located behind 30762 Ganado Drive in the City. It was the consensus of Council that the language of the letter should be strengthened and sent to the District. PARKS & RECREATION It was the consensus of Council to meet at FEES 6:30 P.M. on November 15, 1983 for a Work (1201) Session dealing with Parks and Recreation Fees. ABALONE COVE BEACH City Manager Guluzzy presented the proposed AGREEMENT amendment to the Abalone Cove Beach Park. (1201) After discussion, Councilman Dyda moved, seconded by Councilwoman Bacharach that the third paragraph of number 4 be amended as follows If no written denial has been sent by the County to the City within thirty (30) days, said plan will be deemed to have been approved by the County." The motion carried unanimously* ITEMS REMOVED FROM THE CONSENT CALENDAR . RESOLUTION NO. 83 -73 RESOLUTION N0. 83 -73 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $2249170926 DEMAND NUMBERS 4392 THROUGH 44679 11609 THROUGH 116149 11617 THROUGH 11630, AND 25856 THROUGH 25899 was presented for adoption. Councilwoman Bacharach moved, seconded by Councilman Dyda to adopt Resolution No. 83 -73. The motion carried on the following roll call vote: AYES: B&CBARACH, DYDA, AND HEIN NOES: MAYOR RYAN ABSENT: NONE TENTATIVE TRACT 37818 VIA RIVERA (1+11) he questioned whether Franklyn Weiss, 30711 Via La Crest., presented a prepared statement expressing his concerns about what appeared to be erosion in .he area for this proposed tract. Citing the fact that the tract map had been approved two years ago, any geological changes had taken place in the area. COUNCIL -7- NOVEMBER 1, 1983 #700Y-A24 Council then discussed the criteria under which the tract was approved, the CUP restrictions requiring adequate drainage facilities, and if the applicant is working with the City Engineer in its present condition. Representing the applicant was Ken Marks of Sikand Engineering, who told the Council that he is working with the Public Works Director on this Tract on drainage and all conditions of the CUP, with the exception of one, have been satisfied. They are taking into account the conditions of the land as they exist of this date. Councilman Dyda moved, seconded by Councilwoman Hein and carried that in view of the fact that the applicant is working with the City and addressing all of the geology issues, that the request for a six month extension of Tentative Tract 37818 to expire on May 19, 1984 be approved. HYDRO ELECTRIC PROJECTS - EDISON COMPANY REQUESTS FOR SUPPORT (1601) on the next Agenda for formal RECESS TO CLOSED SESSION RECONVENE AND ADJOURNMENT ATTEST: ITY CCVRK Ted Porter, 30206 Rhone Drive, representing the Southern California Edison Company, requested that the Council write letters supporting the relicensing of hydro electric projects to the Southern California Edison Company. It was the consensus of Council that this item be placed action. Councilwoman Hein moved, seconded by Councilman Dyda and carried to recess to a Closed Session to discuss pending litigation. At 11:00 P.M. Council reconvened with no action taken and immediately adjourned on motion of Councilman Dyda. OR COUNCIL -8 NOVEMBER 1, 1983 #700Y -A26