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CC MINS 19810519MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MAY 19, 1981 The meeting was called to order at 7:45 P.M. by Mayor Jacki Bacharach at the Palos Verdes Unified School District Building, 30942 Hawthorne Boulevard. After the Pledge of Allegiance to the flag, roll call was answered as fol- lows: PRESENT: RYAN, SHAW, DYDA, & MAYOR BACHARACH LATE ARRIVAL: HEIN @ 7:50 P.M. Also present were City Manager Donald F. Guluzzy, City Attorney Patrick Coughlan, Director of Public Works Charles Abbott, Director of Planning Sharon W. High- tower, Director of Parks & Recreation Maynard Law, Director of Community Ser- vices Tom Bandy, Administrative Assistant Julie Christensen, and Deputy City Clerk Mary Jo Lofthus. APPROVAL OF AGENDA Councilman Dyda moved, seconded by Councilwoman Shaw & carried to add discussion of the Palos Verdes Estates 'Antenna after adoption of the Consent Calendar. The Mayor added the following items to the agenda: Press Release, Fifth Tuesday Meetings and Reorganization. The agenda as amended was approved on motion of Councilwoman Shaw, seconded by Councilman Dyda and carried. WAIVER OF FULL READING OF Councilman Dyda moved, seconded by ORDINANCES & RESOLUTIONS Councilwoman Shaw and carried to waive reading in full of all or- dinances and resolutions adopted at this meeting with consent to the waiver of reading deemed to be given by all members of Council after reading of the title unless specific request was made at that time for reading of such or- dinance or resolution. After removal of Item No. A -6 (Map Checking Agreement with L. A. County), the Consent Calendar was adopted as follows on motion of Councilwoman Shaw, seconded by Mayor Bacharach. MINUTES The minutes of the adjourned regular meetings of April 8, April 21, April 25, April 28, and the Regular Meetings of April 21, and May 5 were approved as presented. (Councilmembers Ryan and Shaw indicated their absention from voting on the minutes of those meetings they did not attend.) RESOL. NO. 81 -36 ADOPTED RESOL. NO. 81 -36 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $788,424.29, DEMAND NUMBERS 9621 THROUGH 9677. RESOL. NO. 81 -37 - ADOPTED RESOL. NO. 81 -37 OF THE SIDEWALK REPAIR PROGRAM (140 5) CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES SETTING THE TIME AND PLACE FOR A PUBLIC HEARING TO DETERMINE WHETHER CERTAIN PROPERTY OWNERS ARE TO BE ASSESSED FOR SIDEWALK REPAIRS. RESOL. NO. 81-38 - APPOINTING ADOPTED RESOL. NO. 81 -38 OF THE A SUPERINTENDENT OF STREETS CITY COUNCIL OF THE CITY OF RANCHO (1405) PALOS VERDES APPOINTING THE DIRECTOR OF PUBLIC WORKS AS SPECIAL SUPER- INTENDENT OF STREETS FOR SIDEWALK REPAIR PURPOSES. AGREEMENT WITH ABALONE COVE LANDSLIDE ABATEMENT DISTRICT FOR SEWER MAINTENANCE SYSTEM STUDY (1801) AMENDMENT TO JOINT POWERS AGREEMENT FOR USE OF COASTAL PARK BOND ACT FUNDS (1201) SWIM POOL CONTRACT WITH SCHOOL DISTRICT (1201 X 1401) TRACT MAP NO. 35 040 - REQUEST FOR EXTENSION (1411) 11 MAP CHECKING AGREEMENT WITH THE COUNTY OF LOS ANGELES JULY 1, 1981 THROUGH JUNE 30, 1981 (505) Approved the agreement which indi- cates that 8% simple interest will begin July 1, 1981 and that the Mayor and City Clerk be authorized to sign said agreement. Approved the Joint Powers Agree- ment and authorized the Mayor to execute said agreement. Approved the five year swim pool agreement between the City and Palos Verdes Unified School District. Approved a six -month extension to December 17, 1981. After some brief comments by the City Attorney regarding the sug- gested amendments on Page 1 of this agreement, Councilman Dyda moved, seconded by Councilwoman Shaw and carried to approve this agreement with the County of Los Angeles with the follow- ing amendments: Page 1, Line 24, insert: "from employing private contractors." Insert on Line 27, the following: ". . . map submitted by the City of each sub- division. . . ." PALOS VERDES ANTENNA (1801) Theodore Miller, 6227 Monero, repre- senting a group of residents in the area who are protesting the installation of this antenna by the City of Palos Verdes Estates, submitted a protest petition signed by residents of the area. He thanked the Council for their efforts in getting the Negative Declaration from the City of Palos Verdes Estates. After Council discussion, it was the consensus of Council that staff should sub- mit a report to them on this negative declaration prior to the May 26th adjourned meeting. Councilwoman Hein so moved, seconded by Councilman Dyda and carried. TRACT NO. 38848 - REQUEST TO Commenting that this was a carry - GRADE PRIOR TO RECORDATION OF - over from the May 5th Council TRACT MAP (1411) meeting, Director Hightower recom- mended that this request be denied. If Council wishes to consider a new policy she recommended that such requests be considered on a case -by -case basis and require the following information: (1) Jus- tification of need and schedule; (2) Appropriate financial information; (3) Com- pletion bonds; and (4) Restoration bonds. After Council discussion of what would be appropriate financial information, map checking procedures, and consideration of posting a cash deposit, Councilman Dyda moved, seconded by Mayor Bacharach and carried to request staff to come back at the next regular meeting with a process that will permit the City to expedite grading permits prior to recordation of the tentative tract map and recommend the appropriate safeguards for such a procedure. Councilman Dyda moved, seconded by Councilwoman Hein to continue this request for Tract Map No. 38848 until the policy has been presented to Council. The motion carried on a four - one vote with Mayor Bacharach voting in opposition. CONDITION USE PERMIT NO. 41 Director Hightower summarized the - APPEAL OF AMENDMENT (1804) background on this matter and said that no findings had been pre- sented to consider an appeal to the Planning Commission's decision. Staff recom- mended that the appeal be denied. The appellant in this matter, John Arand, 5731 Mistridge, told the Council that he felt the Development Code did not allow changes in any of the conditions and requested that the Council declare the original CUP null and void. CITY COUNCIL -2- 5/19/81 Also speaking in opposition were Marshall Klein, 5705 Mistridge, and Herbert Roberts, 5693 Mistridge. They cited the traffic impact and increased density resulting from this amendment. Speaking in support of the amendment was the Reverend George Cunnings, 1410 Blackstone Road, San Marino. He told the Council that there was a real need for this nursing care by the residents of the retirement facility. Harvey Brown, said he was not representing the Planning Commission but wanted to express his own concerns about the possible traffic impact on the neighbor- hood. Council then discussed if this change was permitted under the original permit, if people other than residents would be allowed to use the nursing care facility, and how this could effect the City's mandated housing requirements. RESOLUTION NO. 81 -39 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES • APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 41 was read by title and ADOPTED on motion of Councilwoman Shaw, seconded by Councilman Ryan and carried on a four - one vote with Councilman Dyda voting in opposition. AUDIENCE QUESTIONS: Sidewalk Repair Program Mrs. Marian Eger, 26504 Hawkhurst Drive, told the Council she was concerned about the damage to her sidewalk being caused by City trees. Dir- ector Abbott reported that Mrs. Egers' neighborhood is the next vicinity bud- geted for repair. Recycle Center Mrs. Annette McManus, 27709 Long - hill, requested Council support for continuing operation of the recycle center which is due to close on Sept- ember 30, 1981. Councilwoman Shaw moved, seconded by Councilman Ryan and carried to authorize the Mayor to write a letter in support of the continuation of the recycle center. FLEXTIME (302) Director Bandy presented the staff memorandum outlining the recommended flextime schedule for City Hall and the City Staff. After Council discussion of the core hours, the criteria to be used for measuring the success of this program, if more information on this matter was available for Council review, Councilwoman Shaw moved, seconded by Councilman Ryan and carried to discuss this matter at the first meeting in July. TRACT MAP NO. 37060 - RESOL. NO. 81 -40 (1411) ten protests had been received. Mayor Bacharach declared the hearing open; the Clerk reported that notice had been published and that no writ- Assistant Planner Lavitt presented the staff memorandum on this request to sub- divide a 10.5 acre parcel for development of 29 single family lots and one lot of common open space. The site is zoned RS -3; minimum lot size is to be 10,000 square feet. A negative declaration was finalized for this project on May 21, 1980. Staff recommended that Council approve this tract subject to the condi- tions noted in Exhibit "A" of the draft resolution. Commenting on the concern for preservation of archaeological resources, Ms. Lavitt said that the following conditions would be added to Page Four, of Exhibit "A" to the proposed resolution: 35. A qualified archaeologist shall perform an on -site survey after plowing or gribbing. Should the survey reveal resources or the potential for resources, the Director of Planning shall be notified and said resources shall be removed or preserved, at the discretion of the observer and the City; 36. In the event archaeological resources are encountered during development of any portion of the property, work shall be halted and the Director of Planning and a qualified archaeolo- gist shall be notifed in order to evaluate,record and remove/ CITY .COUNCIL -3- 5/19/81 preserve the resource; and 37. In the event archaeologically significant burials are en- countered on the survey area, work shall be halted in the vic- inity and an archaeologist notified immediately. Representing the Applicant was Clark Leonard of Lanco Engineering, Torrance, who told the Council that he was aware of the conditions and had no objections. There being no response to the Mayor's call for additional public testimony, she declared the hearing closed. RESOLUTION NO. 81 -40 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROV- ING TENTATIVE TRACT MAP NO. 37060 was read by title and ADOPTED on motion of Councilman Dyda, seconded by Councilwoman Shaw and carried. TENTATIVE TRACT MAP NO. 37818 Mayor Bacharach opened the public - RESOL. NO. 81 -41 (14 11) hearing and the City Clerk reported that notice had '_,been published and no written protests had been received by the City. Associate Planner Thompson presented the staff report on this request to develop twenty -three single family lots and one commonly owned open space lot on a 26.29 acre site. Referring to drawings mounted for audience viewing, he showed the location of the three alternative methods of earth removal from the upper project site: (A) Out Via La Cresta; (B) Directly to Hawthorne Boulevard, avoiding Via La Cresta; and (C) Across the site to the lower project. Staff recommended that the Council keep all options open until a final grading plan is submitted and a dump site selected. Representing the applicant was Monte Brower of Palos Verdes Properties, 811 Calle de Arboles, Redondo Beach, who distributed an information sheet containing the size and footage of the homes to be'._built on this site. Additionally, he de- scribed some of the features of the homes. Also representing the applicant was Kenneth Marks of Sikand Engineering, 15230 Burbank Boulevard, who talked about the grading and where they would run the sewer lines. The following residents of the area expressed their concern about the grading, haul- ing and traffic impact this tract would have on their neighborhood: Franklin Weiss, 30711 Via La Cresta, and R. E. King, 30764 Via La Cresta. Speaking on behalf of the Planning Commission was Chairman Harvey Brown, who said that the Commission explored the idea of putting all of the units on the lower site but that didn't achieve the desired effect; the Commission was also concerned about the hauling of dirt from the upper location. In response to the Mayor's call for rebuttal, Mr. Brower said he did not have any comments to make. The Mayor then declared the hearing closed. Council discussion then centered on the proposed access sites and it was the con - sensus that staff should have all three options available for their consideration. RESOLUTION NO. 81 -41 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING TENTATIVE TRACT MAP NO. 37818 was read ,by title and. ADOPTED on motion of Councilman Dyda, seconded by Councilwoman Shaw and carried on a three - two vote with Councilmembers Ryan and Hein voting in opposition. LA VISTA VERDE HOMEOWNERS Director Abbott presented the staff ASSOCIATION REQUEST FOR A report which outlined the frame- MAINTENANCE DISTRICT (808 x 901) work for establishment and admini- stration of a maintenance district and recommended a petition from. the residents involved indicating an interest in forming such an assessment district. Councilman Dyda moved, seconded by Councilwoman Hein and carried to request a pe- tition of at least two- -- thirds of the people in the area indicating a positive interest in the formation of an assessment district in the La Vista Verde area. Representing the La Vista Verde Homeowners Association was Paul Matthew, 57 Avenida Corona, who told the Council that there was a need for this district and that they would concentrate on maintenance. CITY COUNCIL -4- 5/19/81 After Council discussion of the percentage of response needed for form this district, Councilman Dyda moved, with the consent of the second, to amend this motion to request a 60% positive interest in the formation of the district. The amendment carried. ABALONE COVE LANDSLIDE ABATEMENT Administrative Assistant Christensen DISTRICT REQUEST FOR LOAN (1801) presented the staff report on this request from the Abalone Cove Land- slide Abatement District for a loan on a discounted note to help them meet their needs over the next fiscal year. Their request indicated that the City would pay the District $23,750 which represents a 5% discount from $25,000 being re- quested. The District would repay the City the sum of $27,500 on May 15, 1982. Staff recommended that the City loan the District $25,000 on a month -to -month basis and charge them the average interest received on certificates of deposit. After Council discussion of the allowable interest rate and the pending State legislation allowing a higher rate of interest, Councilman Ryan moved, seconded by Councilwoman Hein to adopt the City Manager's recommendation. The motion failed on a three - two vote with Councilmeibers Dyda, Bacharach, and Shaw voting in opposition. Councilman Dyda moved, seconded by Mayor Bacharach and carried to lend the Dis- trict the funds requested at a 5% discounted note at. the 10% interest rate at the present time; that the note be renegotiated after January 1, 1982 to be con- sistent with the interest allowed by State law. REOPEN AGENDA Councilwoman Shaw moved, seconded by Councilman Dyda and carried to re- open the agenda. Councilman Dyda moved, seconded by Councilwoman Shaw and car - ried to discuss Item F -2 (Award of Contract for Montemalaga Median) as the next item of business. MONTEMALAGA MEDIAN - AWARD OF CONTRACT FOR CONSTRUCTION (1502) raised median on Montemalaga Drive ecute this agreement. Councilman Dyda moved, seconded by Councilman Ryan and carried to award the contract to Fleming Engineering Inc. for the construction of the and authorize the Mayor and City Clerk to ex- CITY COUNCIL AGENDA - PRESS Mayor Bacharach moved, seconded by RELEASE (307) Councilman Dyda and carried to in- struct the staff to issue a press release on the summary agenda for Regular Meetings. FIFTH TUESDAY MEETING (307) Mayor Bacharach proposed that the meeting on June 30th be held with the Parks & Recreation Committee to discuss capital items. Councilman Dyda so moved, seconded by Mayor Bacharach and carried. Staff was instructed to inform the Parks and Recreation Committee of the meeting. APPOINTMENT OF COMMISSION AND COMMITTEE CHAIRMEN (106) as Chairman of the Planning Commission. Planning Commission - Councilman Ryan moved, seconded by Councilman Dyda and carried to nominate Mel Hughes Parks & Recreation Committee - Councilman Dyda moved, seconded by Councilman Ryan and carried to nominate Larry Zamos as Chairman of the Parks & Recreation Com- mittee. Traffic Committee - Councilwoman Shaw moved, seconded by Councilman Ryan and carried to nominate Arline Grotz as Chairwoman of the Traffic Committee. ANN DUNCAN & ASSOCIATES - APPROVAL OF PROFESSIONAL SERVICES (1202) ment and selection of a Finance Officer. City Manager Guluzzy summarized the professional services agreement to review the scope of services for as- sistance in helping /with the recruit- CITY COUNCIL -5- 5/19/81 Since some of the councilmembers did not have the backup material in this agenda package, the Mayor declared a brief recess at 11:20 P.M. The meeting resumed at 11:22 P.M. Council then discussed whether these services could be performed in house. Councilman Dyda moved, seconded by Councilwoman Hein to authorize the City Manager to spend $1,000 for assistance in the matter of recruiting a finance director. The motion carried on the following roll call vote: AYES: HEIN, DYDA, AND SHAW NOES: RYAN AND MAYOR BACHARACH ASSESSMENT CENTER TRAINING City Manager Guluzzy presented his (1202) report on the Assessment Center training process proposed for staff. This would aid staff in interviewing and evaluating candidates for the Finance Director position. Councilwoman Shaw moved, seconded by Councilwoman Hein and carried to table this un- til the May 26th meeting. KLONDIKE CANYON (1801) The City Manager briefed the Council on the drainage problem that resulted from the artesian well the Moore & Taber created at the Portuguese Bend Club during their drilling operation for installation of inclinometers. The City Manager requested a meeting with Dr. Perry Ehlig and the Los Angeles County Road Department to request a recommended plan of action regarding this well. LEGISLATION (306) Councilwoman Shaw moved, seconded by Councilman Dyda and carried to adopt the City Manager's recommendation and support SB305, AB1317, and SB1159. Councilwoman Shaw moved, seconded by Councilman Ryan & carried to oppose AB612. REORGANIZATION (1202) Mayor Bacharach moved, seconded by Councilman Ryan and carried to postpone reorganization of City staff until after the budget process is completed. ADJOURNMENT At 11:45 P.M. Council adjourned to May 26, 1981 at 6:30 P.M. for a closed session on personnel. The motion was made by Councilwoman Shaw, seconded by Councilman Dyda and carried. DONALD F. GULUZZY, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL CITY COUNCIL -6- 5/19/81 I