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CC MINS 19830315M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 15, 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, which was led by Webelo Troop 955, roll call was answered as follows: PRESENT: HEIN, DYDA, SHAW, BACHARACH, & MAYOR RYAN ABSENT: NONE Also present were City Manager Donald F. Guluzzy, City Attorney Steve Dorsey, Environmental Services Director Sharon W. Hightower, Director of Public Works Carl Abel, Associate Planner Sandi Lavitt, Assistant Planner Jon Shepherd, City Clerk Mary Jo Lofthus, Administrative Services Director Kiti Laisure, Administrative Assistant to the City Manager Julie Christensen, and Community Services Director Tom Bandy. APPROVAL OF AGENDA The City Clerk announced the following additions to the agenda: American Planning Association Conference, Construction Management Services, Revised Budget Resolution for Fiscal 1982 -83, and Environmental Services Revised Work Program, Item No. B -5 (Klondike Canyon Investigation) was removed from the agenda. The agenda as amended was approved on motion of Councilman Dyda, seconded by Councilwoman Hein and carried. WAIVER OF FULL READING OF Councilwoman Hein moved, seconded by Councilwoman ORDINANCES & RESOLUTIONS Shaw 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. CONSENT CALENDAR MINUTES Councilman Dyda moved, seconded by Councilwoman Bacharach to approve the Consent Calendar as follows: Approved as presented the minutes of February 1, 9, 23, and March 1, 19830 ADDENDUM TO OTS (1) Approved the amendment to the OTS agreement TRAFFIC SAFETY ENGINEERING to include all services for Eastview for an SERVICES GRANT amount not to exceed $11,250. (2) Approved an (1204 X 1404) amendment to the December 15, 1981 agreement with Roy Jorgensen Associates Inc. to incorporate additional services for the Eastview area at a cost not to exceed $11,250. (3) Approved the revised FY 82 -83 personnel rates to be in conformance with charges made for all other RJA services. SOUTH BAY PROMOTIONS Approved the use of City streets on August 20, TRIATHLON - REQUEST FOR 1983 contingent upon the applicant's ability to USE OF CITY STREETS satisfy the City's requirements. (305 x 1201) RESOL. N0. 83 -15 - REGISTER ADOPTED RESOL. N0, 83 -15 OF THE CITY COUNCIL OF DEMANDS OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $276,623.70, DEMAND NUMBERS 2867 THROUGH 2951, AND 11400 THROUGH 114119 The motion to approve the Consent Calendar carried on the following roll call vote: AYES: BACHARACH, DYDA, HEIN, SHAW, & MAYOR RYAN NOES: NONE ORDINANCE N0. 166 - Associate Planner Shepherd presented the staff REGULATIONS FOR EARTH memorandum of March 15, 1983 which referenced STATIONS & COMMERCIAL Council's direction of March 1, to prepare a ANTENNAS (1801) change in the wording of Section 17.40.050B.2 to cover master antenna and earth stations in multiple family developments. Staff recommended Council review of this proposed change and introduction of the ordinance. ORDINANCE N0. 166 OF THE CITY OF RANCHO PALOS VERDES MAKING REVISIONS TO THE TEXT OF THE DEVELOPMENT CODE TO ESTABLISH DEVELOPMENT, DESIGN, AND LOCATION REGULATIONS FOR EARTH STATIONS AND COMMERCIAL ANTENNA TOWERS, AS CODE AMENDMENT N0. 16 AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was presented by title. Councilwoman Shaw moved, seconded by Councilman Dyda and carried to INTRODUCE ORDINANCE N0, 166, ORDINANCE N0. 165 - RELATING ORDINANCE N0. 165 OF THE CITY OF RANCHO PALOS TO TERMS OF PLANNING VERDES RELATING TO TERMS OF PLANNING COMMISSION COMMISSION MEMBERS MEMBERS AND AMENDING THE RANCHO PALOS VERDES (306 X 1203) MUNICIPAL CODE was presented for adoption, first reading having taken place at the March 1, 1983 meeting. Councilwoman Hein moved, seconded by Councilman Dyda and carried to ADOPT ORDINANCE NO. 165. The motion carried on the following roll call vote: AYES: BACHARACH, DYDA, HEIN, SHAW, & MAYOR RYAN NOES: NONE REQUEST FOR CONSIDERATION Noting the letter received from the applicant in OF EXEMPTION FROM this matter, and referring to the original staff LANDSLIDE MORATORIUM report of January 17, 1983, Director Hightower (1801) said that the staff was still recommending denial of this request for an exception from the moratorium. Councilman Dyda moved, seconded by Councilwoman Hein and carried to receive and file the applicant's request for reconsideration. At this time in the meeting the applicant was not present, however he did arrive later and was advised by Council of the action taken. TM CABLEVISION - REQUEST Community Services Director Bandy presented TO ALLOW CABLE THROUGH the March 8, 1983 staff report which described AN UNFRANCHISED AREA this request to use the public right -of -way (605) outside of the franchise area to install a trunk cable to provide new system services to the Valmonte area of Palos Verdes Estates. Staff recommended approval of this request upon the following conditions: (1) That the City Council adopt a proposed issuance fee of $200 per month for a six month period with the $1200 being paid in advance. (2) That the Public Works Director be authorized to issue the necessary permit. COUNCIL -2- MARCH 15, 1983 Councilwoman Shaw moved, seconded by Councilman Dyda and carried to adopt the proposed staff recommendation. PERSONNEL ORDINANCE (1202) City Manager Guluzzy presented the staff report of March 8, 1983 which recommended introduction of this ordinance to allow the City Manager to prepare and adopt personnel rules and regulations in accordance with Council direction. After Council discussion of whether it was necessary to have such an ordinance, if City policies should be set out in a clearer fashion, Councilwoman Bacharach moved, seconded by Councilwoman Shaw to introduce this ordinance. The motion failed on a three - two vote with Councilmembers Dyda, Hein, and Ryan voting in opposition. Councilman Dyda moved, seconded by Councilwoman Hein that staff prepare a personnel handbook that includes policies identifying benefits, vacations, guidelines for personnel behavior, and grievance procedures. The motion carried on the following roll call vote: AYES: HE IN , DYDA , & MAYOR RYAN NOES: BACHARACH ABSTAIN: SHAW CONTRACT FOR PARKS Director Abel presented the March 15 staff MAINTENANCE (1201 X 1204) memorandum outlining the bids received on this proposal, and presenting an evaluation of the low bidder Environmental Care. Staff recommended that Council enter into a contract with Environmental Care for parks maintenance. After Council discussion of the annualized cost for maintenance, whether this contract covered only repair or preventive maintenance and the length of time this contract covered, Councilman Dyda moved, seconded by Councilwoman Hein that the City enter into a contract with Environmental Care, Inc. for parks maintenance; work is to start April 15, 1983 and run through June 30, 1983 at a cost not to exceed $7,700. The motion carried on the following roll call vote: AYES: BACHARACH, DYDA, HEIN, SHAW, & MAYOR RYAN NOES: NONE REQUEST FOR PRIVATE STREETS Associate Planner Sandi Lavitt presented the - TENTATIVE TRACT N0. 38845 letter from the Planning Commission (1408 X 1411) expressing their concern about this issue of public versus private streets and their relation- ship to the incidence of crime and the staff report of March 15, 1983 which listed alternatives for the Council to consider in dealing with requests for private streets. The Commission requested clarification from the Council on this matter and recommended that an evaluation be prepared. Representing the Planning Commission was Commissioner Melvin Hughes who requested that the Council consider this issue and its impact on the City. He suggested a meeting with the Commission to try and ascertain what the problem really is. Council discussion then ensued regarding the basis for this request, the number of entries into this development, if pedestrian and bike traffic would be allowed access, how this closure would affect traffic flows, if a meeting should be held with the Commission and include the Traffic Committee, and the cost of maintaining public versus private streets. COUNCIL -3- MARCH 15, 1983 For the record it was noted that a letter on this matter had been received from Barbara and George Gleghorn, and Barbara and Glen Arbuthnot stating their concerns about gated communities. This letter is on file with the City Clerk's office* Councilwoman Hein moved, seconded by Councilwoman Bacharach and carried to hold a joint meeting with the Planning Commission and Traffic Committee to discuss this matter. The suggestion was made that the Public Works Department should present some ten -year operating, maintenance, and street sweeping costs for private versus public streets. CITY OWNED HOUSE (1404) Councilman Dyda moved, seconded by Councilwoman Shaw and carried to receive and file the February 25, 1983 letter from Thomas C. Major & Associates regarding the use of the City -owned house on Rue de la Pierre. SOUTH COAST AIR QUALITY Councilwoman Shaw moved, seconded by Councilman MANAGEMENT DISTRICT (101) Dyda and carried to authorize the Mayor to write a letter to the appropriate individuals stating the City's protest over the possibility of withdrawal of Federal funding and the proposed sanctions announced for this area. 10TH YEAR ANNIVERSARY PARTY Councilwoman Bacharach reported that the Committee is recommending a dinner /dance to take place on August 28 at Ladera Linda. The cost will be approximately $15 per person. Councilmembers indicated their agreement with these tentative plans. RETAINER FOR CITY Commenting that since from time to time it is GEOLOGISTS (306 X 1204) necessary to get geological expertise, and in order to have an audit trail of their opinions, Councilman Dyda suggested having a geologist on retainer to provide this expertise on an "on- call" basis. He then moved, seconded by Councilwoman Bacharach to instruct staff to negotiate - a contract not to exceed $5000 with Robert Stone & Associates on a retainer to provide geology services on an "on- call" basis. The motion carried on the following roll call vote: AYES: REIN, DYDA, BACHARACH, & MAYOR RYAN NOES: SHAW ENGINEERING FOR PUBLIC WORKS Councilman Dyda stated that whenever funding is EMERGENCY PROJECTS appropriated for emergency repairs for Public (306 X 1204) Works projects, such as the storm damage that was recently experienced, that this funding should be enough to cover the cost of permanent repairs, not just temporary work. After Council discussion, it was the consensus that on such future emergency work that funding be provided to cover permanent repairs, and that staff report as soon as possible the cost of engineering for making these repairs. LEGISLATION - AB96 (MOORE) Councilwoman Shaw moved, seconded by Councilwoman CONSUMPTION OF ALCOHOLIC Bacharach and carried to authorize the Mayor to BEVERAGES IN PARKING LOTS send a letter in support of this bill if it is (306) amended to authorize cities to enact ordinances prohibiting such conduct. AUDIENCE QUESTIONS Responding to the Mayor's call for audience questions for items not on the agenda was Mrs. Dorothy Gaglio, 6248 Monero Drive. She explained the water problem existing on her property and presented pictures showing its effects. COUNCIL -4- MARCH 15, 1983 After Council discussion of possible remedies such as the installation of pumps, Councilman Dyda moved, seconded by Councilwoman Hein and carried that staff report back at the next meeting with suggestions on the City's rights and responsibilities in this matter; also, to check with other residents in the area to see if this is a neighborhood problem. ACA 2 - TAX DISTRIBUTION Referring to the March 1, 1983 memorandum from (306) the California Contract Cities Association, City Manager Guluzzy requested clarification of Council's position on this proposed tax distribution bill. Council questioned the possibility that such a tax bill could be passed but requested that as a courtesy, staff notify the School District of this bill. AMERICAN PLANNING ASSOC. Councilwoman Bacharach moved, seconded by CONFERENCE (1102) Councilwoman Shaw and carried to approve the attendance of the Environmental Services Director at the American Planning Association Conference to be held in Seattle on April 16 through 20th. CONSTRUCTION MANAGEMENT SERVICES REVISED BUDGET RESOLUTION FOR FISCAL 1982 -83 ENVIRONMENTAL SERVICES REVISED WORK PROGRAM RECESS TO CLOSED SESSION was made by Councilwoman Shaw, RECONVENE AND ADJOURNMENT 21 at 7:30 P.M. ATTEST: COUNCIL It was the consensus of Council to discuss this matter at the March 21st work session. It was the consensus to place this matter on the April 5 agenda. It was agreed to place this matter on the April 5 agenda. At 9:15 P.M. Council recessed to closed session to discuss matters of litigation. The motion seconded by Councilman Dyda and carried. At 9:30 P.M. the meeting reconvened with no action taken and immediately adjourned to March -5- t1¢YOR, l J 1 MARCH 15, 1983