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CC MINS 19801105M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 5, 1980 The meeting was called to order at 7:38 P.M. by Mayor Pro Tem Jacki Bacharach at the Palos Verdes Unif ied School District Building, 30942 Hawthorne Boulevard. After the Pledge of Allegiance, roll call was answered as follows: PRESENT: SHAW, DYDA & MAYOR PRO TEM BACHARACH ABSENT: RYAN & MAYOR HEIN Also present were City Attorney Patrick Coughlan, Acting City Manager Sharon W. Hightower, Director of Public Works Charles Abbott, Associate Civil Engineer Gordon Siebert, Director of Community Services Tom Bandy, Director of Parks & Recreation Maynard Law, Administrative Services Officer George Wunderlin and Deputy City Clerk Mary Jo Lofthus. CEREMONIAL MATTER (304) member of the Traffic Committee from April 18, Mayor Pro Tem Bacharach presented a commem- orative proclamation to Russell Maquire for his commitment and civic dedication as a .1978 to November 1, 19800 APPROVAL OF AGENDA The following items were added to the agenda: Hazard Abatement District (Dyda), and City Select Committee (Mayor Pro Tem Bacharach for Mayor Hein). Councilman Dyda moved, seconded by Councilwoman Shaw and carried to approve the agenda as amended. WAIVER OF FULL READING OF Councilwoman Shaw moved, seconded by ORDINANCES & RESOLUTIONS Councilman Dyda and carried to waive reading in full of all ordinances and resolutions adopted at this meeting with consent to the waiver of reading to be given by all members after the reading of the title, unless specific request was made at that time for the reading of such ordinance or resolution. CONSENT CALENDAR on motion of Councilman Dyda, MINUTES RESOLUTION N0. 80 -70 REGISTER OF DEMANDS EPISCOPAL HOME FOR THE AGED - ACCEPTANCE OF EASEMENT FOR SANITARY SEWERS (45 0 ) After removal of the minutes of October 7, Item Nos. 3, 9, and 10, the remainder of the Consent Calendar was approved as follows seconded by Councilwoman Shaw: Approved as presented the minutes of September 30, October 13, and October 21, ADOPTED RESOLUTION NO. 80 -70 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $446,758.46, DEMAND NUMBERS 8635 THROUGH 8749. Authorized the acceptance of the sanitary sewer easement located at 5801 Ridgecrest, TRACT NO. 33358 - Approved the work as required by the ACCEPTANCE OF SANITARY SEWERS Sanitary Sewer Agreement and released the (1411) sanitary sewer agreement between the City and the subdivider, and released the $20,800 faithful performance portion of the $169,650 cash deposit. TRACT NO. 32574 - ACCEPTANCE OF STREET IMPROVEMENT & RELEASE OF BONDS (1411) TRACT N0. 31714 - RELEASE OF MONUMENTATION BOND (1411) Accepted the street improvements and author- ized the release of the faithful performance bonds. Approved the work and exonerated Surety Bond No. 2614707. TRACT NO. 29795 - ACCEPTANCE OF STREET IMPROVEMENTS & RELEASE OF BONDS (1411) TRACT NO. 33358 - RELEASE OF LANDSCAPING AGREEMENT (1411) Accepted the street improvements and authorized release of Bond No. 228153. Approved the work, released the land- scape and irrigation agreement, and released $86,000 of the total cash deposit. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: SHAW, NOES: NONE ABSENT: RYAN DYDA & MAYOR PRO TEM BACHARACH & MAYOR HEIN SECURITY AT RANCHO PALOS Acting City Manager Hightower presented VERDES PARK (1201) the staf f memorandum of November 5 , 1980 which recommended that the Council re- view the Parks & Recreation Committee suggested changes and make a determination regarding passage of the proposed ordinance. Councilwoman Shaw moved, seconded by Mayor Pro Tem Bacharach and carried to strike the word "bicycle" from Section 7301 of the proposed ordinance. Councilwoman Shaw moved, seconded by Councilman Dyda to insert the words "unless authorized by the Director of Parks & Recreation" after the word "pet" in both the first and last sentence of Section 7304. Councilman Dyda moved, seconded by Councilwoman Shaw and carried to strike the words "dusk" and "7:00 A.M." from Section 7302 and in its place insert "an hour after sundown to an hour before sunrise." Councilwoman Shaw moved, seconded by Councilman Dyda and carried to correct the heading of Section 3 on page two and add the word "Penalty." ORDINANCE NUMBER 134 OF THE CITY OF RANCHO PALOS VERDES REGULATING USE OF THE PARK AND RECREATION AREAS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was read by title. Councilman Dyda moved, seconded by Councilwoman Shaw and carried to waive further reading and INTRODUCE ORDINANCE NO. 1340 Councilwoman Shaw moved, seconded by Councilman Dyda to authorize the staff to pursue a firm bid for weekend only chaining and unchaining the parking lot. Councilman Dyda proposed an amendment to have the staff pursue with the Sheriff's Department and the Fire Department the possibility of them providing that service for the City on weekends. The amendment was seconded by Councilwoman Shaw and carried. The main motion as amended carried on a two - one vote with Mayor Pro Tem Bacharach voting in opposition. Council discussion then followed on the effectiveness of using chains. Councilwoman Shaw moved, seconded by Councilman Dyda to authorize the expenditure of $650.00 for chains, locks, and poles. The motion failed on the following roll call vote: AYES: DYDA & SHAW NOES: MAYOR PRO TEM BACHARACH ABSENT: RYAN & MAYOR HEIN Jerry Butram, 6739 Vallon Drive, whose home borders Rancho Palos Verdes Park, explained some of the problems he, has experienced because of the proximity of his home to the park. He suggested installing some kind of a buffer zone between the park and the adjacent homes. Councilwoman Shaw moved, seconded by Councilman Dyda and carried to refer this suggestion of a buffer zone to staff and for them to bring back an appropriate recommendation at the next regular Council meeting. Mrs. Margaret Flynn, 6733 Vallon Drive, whose home also borders the park, was concerned about the type of ground cover that might be used considering the fact that there is an adjacent drainage ditch which she must keep clear. CITY COUNCIL -2- 11/5/80 STREET SWEEPING SERVICES Associate Civil Engineer Siebert presented (1405) the staff memorandum of November 3rd which recommended that the Council authorize an agreement with South Bay Sweeping. Councilman Dyda moved, seconded by Councilwoman Shaw to authorize the Mayor to enter into an agreement with South Bay Sweeping for sweeping services on a monthly basis at $18.50 per curb mile through June 30, 1981. The motion carried on the following roll call vote: AYES: SHAW, DYDA & MAYOR PRO TEM BACHARACH NOES: NONE ABSENT: RYAN & MAYOR HEIN RALPHS MARKET - PERMIT FOR Joseph T. Doino, Operating Vice President CURB CUTS (1503) of Ralphs, 15760 Ventura Boulevard, Encino, told the Council that the market was close to completion and that the contractor is ready to put in the requested curb cuts. He referred to the November 28, 1978 letter from the City to Ralphs which outlined the requirements imposed as conditions of permit issuance for two driveway curb cuts for the proposed development. He further explained the easement arrangement that Federated is trying to negotiate with Hughes, the owner of the corner lot. Byron Hayes, Attorney for Federated, 3435 Wilshire Boulevard, Los Angeles, told about his meeting with the City Attorney. City Attorney Coughlan then summarized the easement agreement with Federated: (1) Locate access between the two parcels along the southerly one -half of the easterly property line of the Hughes' property line. (2) Federated agrees to construct such access as and when necessary. (3) An agreement be structured between the City of Rancho Palos Verdes and Federated in recordable form putting everybody on notice. (4) A condition of grading of curb cut will be the requirement for posting of a bond in an amount to satisfy the City Engineer to insure construction costs. If they fail to live up to the agreement the bond is forfeited and the City builds the access. (5) Access will be graded at the grade of the Hughes property, but not necessarily at the present grade. Federated is required to drop in the access at grade. There was no response to the City Attorney's inquiry if there was a representative of Hughes in the audience. RECESS At 9:00 P.M. the Mayor Pro Tem called a recess. The meeting reconvened at 9:20 P.M. with the same members present. RALPHS MARKET - PERMIT FOR Council resumed its discussion of the CURB CUTS (1503) requested curb cuts for Ralphs' Market. Indicating that he had conferred with Federated's attorney during the recess, City Attorney Coughlan said that the curb cuts could be granted if the following conditions were satisfied: (1) that an agreement be executed between Federated and Rancho Palos Verdes in a form satisfactory to the City Attorney and (2) that it be conditioned upon the posting of a bond for a period of five years at a reasonable cost to be determined by the City Engineer. If Federated fails to live up to that agreement, the bond will be forfeited and the City will provide that access. Councilman Dyda so moved, seconded by Councilwoman Shaw and carried. Council indicated that it was the intent of the motion that curb cuts will not be granted until the agreement has been executed and the bond posted. Mr Doino of Federated requested that the Council now consider the issue of median cuts. Traffic consultant, Phillip Linscott, 150 C Paularino Avenue, Suite 120, Costa Mesa, made a slide presentation of the traffic patterns at the Crest and Hawthorne intersection and how their proposed median cut would affect those patterns. Representing Lincoln Savings and Loan was Don Crocker, 14 Cinchring, Rolling Hills, who told the Council that it was essential to have safe and reasonable ingress and egress to this center. City resident Mario Martella, 6523 Sattes Drive, pointed out why he felt this suggested median cut on Crest was unsafe. CITY COUNCIL -3- 11/5/80 John Fuchs, 31 Cresta Verde Drive, Rolling Hills Estates, expressed the concern of the condominium residents at that location; they are fearful that their private street will be used for turning by people going to the center. Mr Robin Mckay, 6626 Locklenna Lane, spoke in favor of granting a left turn median cut on Hawthorne Boulevard. Representing the Traffic Committee was Russell Maguire, who explained the Committee's deliberations regarding this median cut and cited their concern with the downhill nature of the terrain, the heavy traffic at the intersection, and the dense fog that sometimes occurs in that location. Public Works Director Abbott explained the two alternatives that he thought Council should consider: (1) permitting "U" turns at the intersection, which he felt would increase the level of traffic congestion at the lights, and (2) allow median cuts. The problem here is that Crest is too narrow and would not provide enough storage capacity for the eastward movement out of the market onto Crest. Since there were two members of Council absent, Councilman Dyda moved to continue this matter until the next Council meeting. The motion died for lack of a second. Councilwoman Shaw moved, seconded by Mayor Pro Tem Bacharach to agree to a median cut for left turn only on the southbound lane of Hawthorne. The Motion carried on a two - one vote with Councilman Dyda voting in opposition. Councilman Dyda moved to deny any median cuts on Crest Road and agree to the Traffic Committee's recommendation of a left turn median on Crest east of Hawthorne. The motion died for lack of a second. Mr Doino indicated his company's willingness to pay the cost of widening Crest Road in that area if that was possible. Councilman Dyda moved, seconded by Mayor Pro Tem Bacharach and carried to refer this matter to staff and the Traffic Committee for recommendation on the alternatives avail- able with respect to widening Crest Road from Hawthorne Boulevard beyond the Ralph's property. ZUCKERMAN REQUEST - Acting City Manager Hightower summarized TRACT NO. 31394 - LOT 6 the City Attorney's response to the (1201 x 1411) September 4th letter from Steve Zuckerman concerning his leasing this lot from the City and assuming the responsibility for its clean -up and landscape. Councilman Dyda moved, seconded by Mayor Pro Tem Bacharach and carried that staff negotiate a lease with Zuckerman for City Council's approval. TRANSPORTATION COMMITTEE - Councilwoman Shaw explained this request REQUEST FOR BUS STOP ON from the Sunnyside Ridge Homeowners Assoc - SUNNYSIDE RIDGE (306 x 1505) iation for a bus stop on Palos Verdes Drive East at Sunnyside Ridge Road. If funds become available because of the passage of Proposition "A" then possibly this request could be met by those funds. She then moved, seconded by Councilman Dyda and carried to table this request until the City . has a more complete idea of what other requirements will be necessary on Palos Verdes Drive East. RESOLUTION FROM THE CITY OF Councilwoman Shaw moved, seconded by SAN DIMAS REGARDING SUBDIVISION Councilman Dyda and carried to authorize STREET IMPROVEMENTS (310) the Mayor to send a letter supporting the concept that the County amend its sub- division ordinance to require these street improvements as a condition of subdivision approval. HAZARD ABATEMENT DISTRICT - Councilman Dyda requested the City LANDSLIDE AREA (1801) Attorney's clarification on updating the tax rolls to reflect any improvements on homes in the area. It was the attorney's opinion that this was not a function of the City. CITY SELECT COMMITTEE Council briefly discussed the upcoming election for this committee and it was determined that it was a regular election of officers. CITY COUNCIL -4- 11/5/80 ORDINANCE N0. 135 - AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO BAIL, ABATED VEHICLES, CONGREGATE HOUSING & UNDER- GROUND UTILITY DISTRICTS (1103) ORDINANCE NO. 136 - WAIVER OF ENVIRONMENTAL EXCISE TAX ORDINANCE NO. 135 OF THE CITY OF RANCHO PALOS VERDES AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO BAIL, ABATED VEHICLES, CONGREGATE HOUSING AND UNDERGROUND UTILITY DISTRICTS was read by title. Councilman Dyda moved, seconded by Councilwoman Shaw and carried to waive further reading and INTRODUCE ORDINANCE NO. 135. Mayor Pro Tem Bacharach moved, seconded by Councilman Dyda to insert after the word "waive" in the seventh line of Section 6704 the following: "or partial." The motion carried. Councilman Dyda moved, seconded by Mayor Pro Tem Bacharach to delete all references to the City Manager and insert "City Council" in its place. The motion carried. ORDINANCE NO. 136 OF THE CITY OF RANCHO PALOS VERDES PROVIDING FOR WAIVER OF PAYMENT OF ENVIRONMENTAL EXCISE TAX AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was read by title. Councilman Dyda moved, seconded by Councilwoman Shaw and carried to waiver further reading and INTRODUCE ORDINANCE NO. 1360 ITEMS REMOVED FROM THE CONSENT CALENDAR. MINUTES OF OCTOBER 7th Page 1, Approval of Agenda, second line: Change Item No. 24 to No. 9 on motion of Councilwoman Bacharach, seconded by Council- man Dyda and carried. Page 3, after Reopen Agenda: Indicate that Ralphs was continued to October 21. Motion made by Councilwoman Shaw, seconded by Councilman Dyda and carried. Page 5, last paragraph, eighth line: Correct initials to LACTC on motion of Mayor Pro Tem Bacharach, seconded by Councilman Dyda and carried. The minutes as amended were approved on motion of Councilwoman Shaw, seconded by Councilman Dyda and carried. CLAIM OF KURT HOY AGAINST THE CITY Councilman Dyda moved, seconded by Council - OF RANCHO PALOS VERDES woman Shaw and carried to reject the claim (303) in accordance with Government Code Section 912.6. CITY COUNCIL POLICY REGARDING HANDLING OF CLAIMS (303 x 306) Councilman Dyda moved, seconded by Council- woman Shaw and carried to establish a pro- cedure to give reasonable notice to repair damages on private property adjacent to City property if any hazard is perceived. (2) Have standard policy that before the Code Enforcement Officer begins field work that they are to have minimum training with respect to codes, impact on City liability and an instruction session with the District Attorney to determine how a case should be prepared. SANITARY SEWER EASEMENT- Upon clarification of the sufficiency of ABANDONMENT OF A PORTION the side yard setback on this property, AT 6110 VIA SUBIDA Councilman Dyda moved, seconded by Council - (450 x 1402) woman Shaw and carried to approve the abandonment of a nine foot wide section of the sanitary sewer easement at 6110 Via Subida, with a legal description of said abandon- ment to be prepared by the applicant and approved by the Director of Public Works. AGREEMENT WITH ALDERMAN, SWIFT & Referring to the first paragraph of page 1 LEWIS FOR INSPECTION OF BERRYHILL of Exhibit "A" of that agenda item, Council - UNDERGROUNDING (901) man Dyda moved, seconded by Mayor Pro Tem Bacharach and carried to delete the second last sentence. Councilman Dyda moved, seconded by Mayor Pro Tem Bacharach to authorize the Mayor to sign the agreement with Alderman Swift and Lewis. The motion carried on the following roll call vote: AYES: SHAW, DYDA & MAYOR PRO TEM BACHARACH NOES: NONE ABSENT: RYAN & MAYOR HEIN CITY COUNCIL -5- 11/5/80 ADJOURNMENT DONALD F. GULUZZY, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL At 11:30 P.M. Council adjourned to 6:30 P.M. on November 18, 1980 on motion of Council- man Dyda, seconded by Councilwoman Shaw and carried. MAYOR ' CITY COUNCIL -6- 11/5/80