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CC MINS 19830607M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING ,JUNE 79 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: HEIN, DYDA, BACHARACH, & MAYOR RYAN ABSENT: NONE APPROVAL OF AGENDA The City Clerk announced the following additions to the agenda: Report on Peninsula Transportation Committee , Legislation, islation, City's 10th Anniversary Party, Legislation, Palos Verdes Drive South at La Rotunda Drive, Cayuse Lane, Robert Stone & Associates Inc. ro osal for drainage improvements, and the City Manager requested an P P Executive Session to discuss pending litigation. The amended agenda was approved on motion of Councilman Dyda, seconded by Councilwoman Hein and carried. WAIVER OF FULL READING OF Councilman Dyda moved, seconded by Councilwoman ORDINANCES & RESOLUTIONS Hein 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 titl e , p unless specific is request was made at that time for the reading of such ordinance or resolution. #702 - B2 CONSENT CAL ENDAR' City Clerk announced that item A -16 was removed from the Consent Calendar and it would be placed on the June 21st agenda. The Consent Calendar was approved as follows on motion of Councilwoman Bacharach, seconded by Councilman Dyda: MINUTES Unanimously approved as presented the minutes of May 9,& 11, 1983 Also approved the minutes of May 17, 1983 with Councilwoman Bacharach abstaining. CLAIM AGAINST THE CITY - Rejected the claim and instructed the City Clerk ELLENBERGE R to send a letter to the claimant notifying them ( 303) of the Council's action. CLAIM AGAINST THE CITY - Rejected the claim and instructed the City Clerk OSTERSTOC'K to send a letter to the claimant notifying them ( 303) of the Council's action. CLAIM AGAINST THE CITY - Rejected the application for leave Z IEGLE R to present Late Claim and instructed (303) the City Clerk to send a letter to the claimant notifying them of Council's Action. PARCEL MAP DER 12431 - Approved the recommendations as set out in APPROVAL AND ACCEPTANCE the Deputy County Engineer's letter of • OF DEDICATIONS May 27, 1983. (1410) TRACT N0. 35040 - Approved the recommendations as set out in APPROVAL AND ACCEPTANCE the Deputy County Engineer's letter of OF AGREEMENTS AND DEDICA- May 319 1983. TIONS (1411) #702 - B2 PARCEL MAP N0. 14495 - Approved the recommendations set out in the ACCEPTANCE OF DEDICATIONS May 13, 1983 letter from the Deputy County (1410) Engineer. RESOL. N0. 83 -31 - ADOPTED RESOLUTION N0. 83 -31 OF THE CITY COUNCIL PARCEL MAP 154759 OF THE CITY OF RANCHO PALOS VERDES GRANTING CUP N0. 84 - CONDO- TENTATIVE APPROVAL TO PARCEL MAP 15475 AND MINIUM CONVERSION CONDITIONAL USE PERMIT N0. 84 FOR A TWO UNIT (1410 X 1804) CONDOMINIUM CONVERSION. ELECTRICAL UNDERGROUNDING Authorized the Mayor and the City Clerk to sign AT CITY HALL a contract with Paxin Electric, Inc. for City Hall (1201) Utility Undergrounding (CIP 4901 -931) for a cost not to exceed $83,441. PALOS VERDES DRIVE SOUTH Authorized the Mayor and City Clerk to sign a AND ALTAMIRA CANYON DRAIN - contract with J. D. Associates at a cost not to CONSTRUCTION INSPECTION exceed $31,500. AND SURVEYING (1404 X 1801) PALOS VERDES DRIVE SOUTH BIKEWAY (112) CITY HALL - CLEAN -UP DAY (302) INSURANCE CONTRACTS RENEWAL (902) Authorized Roy Jorgensen and Associates to provide construction engineering services at a cost not to exceed $3,300. Approved the closing of City Hall on June 17, 1983 to-conduct a general clean -up day. Renewed the contracts and authorized the Mayor and City Clerk to sign said contracts with the Liberty Mutual and Pacif iCare. RESOLUTION N0. 83 -32 - ADOPTED RESOLUTION N0. 83 -32 OF THE CITY COUNCIL VACATION OF PALOS VERDES OF THE CITY OF RANCHO PALOS VERDES SETTING A DATE DRIVE EAST RIGHT -OF -WAY FOR A PUBLIC HEARING FOR VACATING A PORTION OF (1408) PALOS VERDES DRIVE EAST RIGHT -OF -WAY. TRAFFIC CONTROL DEVICES Authorized Roy Jorgensen Associates to enter into INVENTORY - EASTVIEW AREA a contract with Alderman, Swift and Lewis Consulting (1204 X 1404) Engineers to conduct a traffic control device inven- tory for Eas tview under the Office of Traffic Safety Program at a cost not to exceed $1,380 with Car Counter Co. to conduct a traffic count at a cost not to exceed $3,255. RESOLUTION NO. 83 -33 - ADOPTED RESOLUTION N0. 83 -33 OF THE CITY COUNCIL REGISTER OF DEMANDS OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $573,411, DEMAND NUMBERS 3523 THROUGH 3615, 11472 THROUGH 11498, AND 25298 THROUGH 253409 CHEMICAL WEED CONTROL - (1) Accepted the contract as complete, (2) ACCEPTANCE OF WORK (1701) released the surety bond, (3) Authorized release of retention payment in the amount of $1,470-12 (4) Authorized the City Clerk to file a Notice of Completion. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: DYDA, BACHARACH, REIN, AND MAYOR RYAN NOES: NONE ABSENT: NONE COUNCIL -2- JUNE 79 1983 #702-B4 I PUBLIC HEARINGS: RESOL. N0. 83 -34 & 35 - Mayor Ryan opened the Public Hearing on LANDSCAPE & OPEN this Open Space Maintenance District. SPACE MAINTENANCE The City Clerk reported that notice had DISTRICT N0. 1 (TRACT 32673) been duly published and no written protests (901 X 1411) were received. Associate Civil Engineer Antich presented the staff report of June 7, 1983: this District is located within Tract No. 32673 and was formed in 1977. In order to begin the process of levying the annual assessment, the City Council on May 3, 1983, ordered the preparation of the Engineer's Report containing an estimate of the costs for maintaining and servicing all existing and proposed improvements, includ- ing all incidential expenses. The amount of any surplus or expense in the improvement fund will be carried over from a previous fiscal year. Staff recommended that Council adopt the resolution approving the Engineer's Report and the resolution declaring the City's intention to levy and collect assessments for fiscal year 1983 -84. Mr Antich reported on the revisions to the estimate on maintenance costs as follows: Administration $1,260, each parcel would now be assessed $128.65 for a total annual assessment for the entire district of $6,690. Council discussion then centered on the reason for the increased cost in administration, what was included in administration, the schedule of the work for the landscaping, and the location of the areas to be landscaped. In response to the Mayor's call for public testimony were Lee Gintz, 6769 Alta Vista and Mr. A. L. Leonard, 6863 Alta Vista. These residents questioned when the landscaping will be done, and expressed their concern about the administra- tion costs. There being no further response to the Mayor's call for public testimony, he declared the hearing closed. Council explained to the residents that in order to dissolve this maintenance district it would be necessary to get the approval of 100% of the owners in the tract to agree to maintaining those areas themselves. RESOLUTION N0. 83 -34 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING THE ENGINEER'S REPORT (LANDSCAPE AND OPEN SPACE MAINTENANCE DISTRICT NO. 1) was presented by title and approved on motion by Councilwoman Hein, seconded by Councilman Dyda and carried. RESOLUTION N0. 83 -35 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1983 -84 FOR A LANDSCAPING MAINTENANCE DISTRICT (LANDSCAPE AND OPEN SPACE MAINTENANCE DISTRICT N0. 1) was presented by title and approved on motion of Councilman Dyda, seconded by Councilwoman Hein and carried. RESOL. N0. 83--36 & 37 - Mayor Ryan opened the public hearing on this LANDSCAPE OPEN SPACE Maintenance District No. 2. The City Clerk DISTRICT N0. 2 reported that notice had been published and (TRACT No. 32627Z) no written protests were received by the City. (901 X 1411) Civil Engineer Antich presented the staff memorandum of June 7th. This District is located within Tract No. 31617 and was formed in 1978 and the improvements were accepted on March 2, 1982. With the adoption of Resolution No. 83 -25 on May 3, 1983, Council ordered the preparation of the Engineer's Report. Staff recommended adoption of the resolution approving the Engineer's Report and the resolution declaring the City's intention to levy and collect assessments for fiscal year 1983 -84. ' The cost for administration of this district will be $1,260. a year. The assessment on each parcel will be $82.00 with a total assessment for the District of $6,560. There being no response to the Mayor's call for public testimony, he declared the hearing closed. COUNCIL IL -3- .TUNE 7 , 1983 RESOLUTION N0. 83 -36 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING THE ENGINEER'S REPORT (LANDSCAPE AND OPEN 9PACE MAINTENANCE DISTRICT NO. 2) was presented by title and ADOPTED on motion of Councilwoman Bacharach seconded by Councilman Dyda and carried. RESOLUTION NO. 83 -37 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1983 -84 FOR A LANDSCAPE MAINTENANCE DISTRICT (LANDSCAPE AND OPEN SPACE MAINTEN- ANCE DISTRICT N0. 2) was presented by title and ADOPTED on motion of Council- woman Hein, seconded by Councilman Dyda and carried. SECOND UNITS - CODE Director Hightower presented the May 17, 1983 AMENDMENT N0. 15 Staff memorandum on this issue of second units. (701) Council discussion centered on whether the City Attorney had met with the Planning Commission to discuss their findings. It was the concensus of Council that the City Attorney should set a date to meet with the Planning Commission to discuss their findings. ORDINANCE N0. 167 - Community Services Director Tom Bandy presented DANGEROUS ANIMAL (104) the staff memorandum of June 1, 1983 which described the necessity for adoption of this Ordinance. Several times during the past two years the City has received complaints about vicious or dangerous dogs threatening people in the community. Language in the current Municipal Code does not specifically establish a procedure for responding to such a complaint. Adoption of a dangerous dog section to the ordinance would permit the City to respond where information showed a dangerous situation existed and, following impoundment, a determination could be made about the disposition of the dog. Staff recommended that City Council consider adoption of this ordinance. Council discussion centered on how the City could prove whether or not a dog was dangerous, if the City Manager should be put in the position of judging whether the animal is dangerous, and the process that would be followed should a dog be so determined. Councilwoman Bacharach moved, seconded by Councilman Dyda and carried to waive further reading and INTRODUCE ORDINANCE NO. 167 OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING A PROCEDURE FOR IMPOUNDING DANGEROUS ANIMALS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. DAYTON REALTY PROPERTY- Director Hightower presented the June 7, 1983 SEWAGE PUMP STATION staff memo prepared in response from a letter AGREEMENT from the Sanitation District regarding the (1402) settlement agreement with Dayton Realty Co. to provide pumping plants and appurtenant works in order to furnish sewage service to certain property owned by Dayton Realty. It was the consensus of Council to oppose the County building this facility because it appeared to be an expenditure of tax dollars for the benefit of developing private property. ORDINANCE N0. 168 - City Attorney Dorsey briefly explained LICENSES FOR WASTE that this ordinance would prohibit COLLECTORS issuance of a license to any new waste (605 X 1301) collectors coming into the City after its the adoption. ORDINANCE N0. 168 OF THE CITY OF RANCHO PALOS VERDES CONCERNING WASTE COLLECTORS' LICENSES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was introducted for a first reading on motion of Councilman Dyda, seconded by Councilwoman Hein and carried. COUNCIL -4- JUNE 7 , 1983 C1 IiESSE PARK GATES (1201) ing that the City Council have gates in the Hesse Park fence. Director Hightower referred to the Parks and Recreation Committee Minutes of May 5, 1983 and the Committee's motion recommend - the City Attorney review the proposal for Councilwoman Bacharach moved, seconded by Councilwoman Hein and carried to approve this recommendation and request the City Attorney to review the agreement presented by the homeowners in that area. Susan Fybel, 6626 Verde Ridge Road explained that the residents in the area would assume the cost for installation of these gates, would be willing to sign a hold harmless agreement with the City, that these gates would become a covenant running with the land, and recommended that the City Attorney look at the agreement presented by the group. PT. VICENTE PARK - Representing the Rancho de los Palos Verdes VANDERLIP MODELS Historical Society was John McTaggart, 6916 (1201 ) Purpleridge, who told the Council that the Society was concerned about the wellbeing of these models and the cover that had been proposed by Consortium West. After Council discussion of the cost of the cover for the models, whether this item could be deleted from the contract, and how the wall in that area could be finished off if the models were not installed, Mayor Ryan moved, seconded by Councilwoman Bacharach and carried to delete that item from the Consortium West contract for the base, case, and cover for the Vanderlip models. Mr. Mc Taggart indicated that the Society could build these items and would present their design to the Council prior to any work being done. RECESS At 9:00 P.M. the Mayor declared a brief recess. At 9:10 P.M. the meeting reconvened. AUDIENCE QUESTIONS: Responding to the Mayor's call for audience questions for items not on the agenda was Joe Tomich, 6617 Via Siena, who referred to the petition by the homeowners along Miraleste Drive which expressed their protests about recently installed traffic signs. Council informed Mr. Tomich that this item was going to be discussed by the Traffic Committee at their meeting on June 8, 1983. Barkentine Canyon -(604) Mrs. Larue, 3136 Barkentine, talked about the geology of the Barkentine Canyon area. She presented to the Council and the City Clerk her declaration. (This declaration is on file with the City Clerk's Office.) SOUTH BAY FREE CLINIC Representing the Free Clinic was Gary REQUEST FOR CONTRIBUTION Bess, who related to the Council the (305) number of Rancho Palos Verdes residents that are served by the Free Clinic. Additionally, he went on to describe the services performed by the Clinic, and requested a contribution from the City to purchase addi- tional medical supplies. Council informed Mr. Bess that he should sub- mit a contributions form to the City prior to the adoption of the budget. COUNCIL -5- JUNE 79 1983 PENINSULA TRANSPORTATION Councilwoman Bacharach reported on the series COMMITTEE of meetings held with Peninsula Cities. She (1505) requested that the Mayor appoint a committee to work with a contractor in developing a system for the City of Rancho Palos Verdes. It was the consensus of Council that Mayor Ryan would serve on this Committee and both he and Councilwoman Bacharach would meet with the contractor to develop a transportation system for the City. LEGISLATION - Councilwoman Hein moved, seconded by Councilman S66 - CABLE TV (306) Dyda and carried to oppose this legislation. ABALONE COVE BEACH Mayor Ryan referred to the June 3, 1983 letter PARK - EMERGENCY RE- from Specialty Maintenance Co., Inc. which PAIRS contained proposals for improving conditions at (1201) Abalone Cove Beach. Director Abel reported that he has already hired somebody to disc the weeds in the area; the City Manager reported that he contacted the Chief Lifeguard to verify some of the conditions referred to in the June 3, 1983 letter. It was the consensus of Council that the staff investigate these safety items referred to in the Specialty Maintenance letter. 10th ANNIVERSARY PARTY Councilman Dyda outlined the Committee's plans for (1201 ) celebrating the City's 10th anniversary. They proposed to have a week -long celebration ending with a cruise along the - coastline. The Committee estimated that the cruise would cost about $60 to $70 per couple. He then moved to approve the Committee's recommendations, the motion was seconded by Councilwoman Bacharach and carried. POLICY REGARDING Referring to the telegram sent in support of the LEGISLATION MX Missile Program, Councilwoman Bacharach moved, (306) seconded by Councilwoman Hein that the City Council not take any position on defense matters. The motion died on a two - two tie vote. Councilman Dyda moved, seconded by Councilwoman Bacharach and carried that if a position is taken on a legislative matter, that it be an action approved by the City Council as a whole. PALOS VERDES DRIVE Referring to the newly installed left turn lane at SOUTH AT LA ROTUNDA DR.- this intersection, Mayor Ryan inquired if the Traffic LEFT TURN LANE Committee had inspected that area. Discussion followed (1502) on the numbers used to justify that left turn lane and the validation of those numbers by the staff. Councilwoman Hein moved, seconded by Councilman Dyda to send that report back to the Traffic Committee for their study and review. CAYUSE LANE Referring to the petition presented by (1404) the residents of Cayuse Lane, Mayor Ryan inquired if a response had been sent to these people. It was the consensus of Council that the residents should be informed that repair of that street is included in the 1983 budget. BUDGET WORKSHOP cuss the 1983 -84 budget. It was the consensus of Council to set a workshop for June 30th at 7:30 P.M. to dis- COUNCIL -6- JUNE 7 , 1983 ABALONE COVE BEACH Director Abel reported on his meeting with AREA - ROBERT STONE the County Engineer, Dr. Ehlig, t c- County & ASSOCIATES PROPOSAL Geologist, and the County's Attorney to FOR DRAINAGE IMPROVEMENTS discuss some improvements to be made in the (1201) Abalone Cove Beach drainage system. It was the consensus of that group to divert the water from Palos Verdes Drive South directly down to the Ocean. Robert Stone & Associates presented a proposal dated June 2nd to achieve improvements in the surface drainage of the area. More particularly,the proposal was to improve drainage within the area along Palos Verdes Drive South from the Wayfarer's Chapel to the ridge between the Abalone Cove and Portuguese Bend Landslide and within County Beach areas south of Palos Verdes Drive South. Total estimate of this work was $4,000; additionally, Director Abel asked for approval of expenditure of $800 for the "fly-over" to complete the topographical maps of the area at a cost of $620 to disc the weeds in that area. Total cost of all these improvements was $7,620. He recommended that this amount be taken out of the $30,000 due the City from the County. Councilman Dyda moved, seconded by Councilwoman Hein to approve-an amount not to exceed $7,620 to approve the study outlined in the June 2, 1983 letter from Robert Stone & Associates and the work outlined by Director Abel. The motion carried on the following roll call vote: AYES: BACHARACH, DYDA, HEIN, AND MAYOR RYAN NOES: NONE ABSENT: NONE It was the consensus of Council that staff should attempt to recover this amount from the County, and that this money was in addition to that $30,000 owed to the City by the County. RECESS TO At 10:15 P.M. Council recessed to Executive EXECUTIVE SESSION Session to discuss pending litigation. Motion was made by Councilwoman Hein, seconded by Councilman Dyda and carried. RECONVENED The meeting reconvened at 10:30 P.M. with no action taken. POLICE SERVICES Council then proceeded to discuss the services AGREEMENT agreement as outlined in the letter from Captain (1206) Dennis Emerson, dated May 23, 1983. After discussion of the level of services and the cost of those services, Council- woman Bacharach moved, seconded by Mayor Ryan to adopt the Eastview level of service as outlined on page 2 of . five of the May 23rd memo at a total cost of $418,800• The motion carried on the following roll call vote: AYES: NOES: ABSENT: ADJOURNMENT ATTEST: /. !'T ZAA BACHARACH , DYDA AND MAYOR RYAN HEIN NONE At 11:45 P.M. the meeting adjourned on motion of Councilwoman Bacharach. ZV&O COUNCIL JUNE 79 1983 #702 - B14 -7-