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CC MINS 19810603M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JUNE 3, 1981 The meeting was called to order at 7:30 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 follows: PRESENT: HEIN, SHAW, DYDA, & MAYOR BACHAR.ACH ABSENT: RYAN Also present were City Manager Donald F. Guluzzy, City Attorney Patrick Coughlan, Director of Planning Sharon W. Hightower, Associate Civil Engineer Gordon Siebert, and Acting Deputy City Clerk Marilyn Smith. CEREMONIAL MATTER Mayor Bacharach presented a pro- clamation to Harvey Brown for his leadership and civic dedication as Chairman of the Planning Commission from June 5, 1980 to May 19, 1981. APPROVAL OF AGENDA The following items were added to the agenda: Conformity of City Land- scaping (Shaw) , RTD Appointments (Dyda) , and Sanitation District Report (Bacharach) . Councilwoman Shaw moved, seconded by Councilwoman Hein to hear items E -2 (Variance No. 53) , E -3 (Height Variation No. 174) , after Item C -1 (Public Hearing on Sidewalk Program). Councilman Dyda moved, seconded by Councilwoman Shaw and carried to dis- cuss Item E -4 (Sign Permit No. 12 3) immediately after Item C -1. The agenda as amended was approved on motion of Councilman Dyda, seconded by Councilwoman Hein and carried. Mayor Bacharach requested an Executive Session after discussion of E -3. Council- man Dyda so moved, seconded by Councilwoman Hein 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 ordinances 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 re- quest was made at that time for reading of such ordinance or resolution. After removal of Item No. A -8 (Long Range Financial Plan) and A -3 (Montemalaga Median Landscape Design) the remainder of the Consent Calendar was approved as follows on motion of Councilman Dyda, seconded by Councilwoman Hein: MINUTES Approved as presented the minutes of the Regular Adjourned Meeting of May 14, 1981. RESOL. NO. 81 -42 ADOPTED RESOLUTION NO. 81 -42 OF THE REGISTER OF DEMANDS CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $304,041.76, DEMAND NUMBERS 9678 THROUGH 9736. TRACT NO. 31617 - ACCEPTANCE OF SANITARY SEWER (1411) Corporation. TRACT NO. 35045 - ACCEPTANCE OF SANITARY SEWERS (1411) Approved the work and accepted for public use the sanitary sewer for dedication by the CDC Development Approved the work that has been com- pleted as required by the Sanitary Sewer Agreement and accepted for public use the sanitary sewers; released the Sanitary Sewer agreement between the City of Rancho Palos Verdes and the subdivider and exonerated the Bond No. OSM 555 970 it the amount of $40,000. RESOL. NO. 81 -43 - SB821 ADOPTED RESOL. NO. 81-43 OF THE CITY BIKEWAY FUNDS (112) COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF ROLLING HILLS FOR THE ACCEPTANCE OF ITS SB821 ALLOCATION FOR BICYCLE ROUTE CONSTRUCTION IN THE CITY OF RANCHO PALOS VERDES. HIGHRIDGE ROAD MEDIAN LAND- SCAPING (1405) scaping. The motion to approve the Consent Calendar carried on the following roll call vote: Authorized the Director of Public Works to advertise for bids for in- stallation of Highridge Road land- AYES: HEIN, DYDA, SHAW, & MAYOR BACHARACH NOES: NONE ABSENT: RYAN MONTEMALAGA MEDIAN LANDSCAPING After brief comments by Associate DESIGN (1502) Civil Engineer Siebert regarding the number of trips involved in completing this contract, Councilwoman Shaw moved, seconded by Councilwoman Hein that the contract be approved for a sum not to exceed $3,200 with the contingency that the Council re- ceive a letter from Craig Weber & Associates indicating that the three trips be in- cluded in the price of $3,200. The motion carried on the following roll call vote: AYES: HEIN, SHAW, DYDA, & MAYOR BACHARACH NOES: NONE ABSENT: RYAN TRACT NO. 38848 - REQUEST TO GRADE PRIOR TO RECORDATION OF FINAL TRACT MAP (1411) tract map. Director Hightower presented the staff memorandum of June 3, which recommended that Council consider a policy enabling grading prior to recordation of the Councilwoman Hein moved, seconded by Councilwoman Shaw to adopt the proposed policy as follows: (1) Justification of need, with schedule; (3) Agreement to submit completion bonds supplied by an insurance company with the top rating from Bests Rating Guide; (4) Restoration bonds, supplied as noted above, if appropriate to the project. De- termination of appropriateness will be determined at time of decision on request; and to delete No. 2. The motion carried on a four - one vote with Councilwoman Shaw voting in opposition. Councilwoman Shaw moved, seconded by Councilman Dyda and carried to approve grading prior to recordation of Final Tract Map No. 38848 incorporating condition numbers 1, 3, and 4 contained in the revised sheet submitted to Council. FAU RESIDENT ENGINEER - RECONSTRUCTION OF PALOS VERDES DRIVE WEST (1404) Mr. Siebert presented the staff memorandum of May 21. Councilman Dyda moved, seconded by Councilwoman Shaw and carried to (1) authorize an expenditure not to exceed $64,350 for the Resident Engineer and Construction Inspection on the FAU project on Palos Verdes Drive West; that Roy Jorgensen & Associates provide the Resident Engineer /Inspector for the project at the hourly rate of $41.25; (2) that the City Council authorize a contract for staking and construction and material test- ing in an amount not to exceed $35,000.00; (3) that the Resident Engineer's recommenda- tions for any change notices be submitted to the Director of Public Works for his ap- proval. The motion carried on the following roll call vote: AYES: HEIN, SHAW, DYDA, & MAYOR BACHARACH NOES: NONE ABSENT: RYAN SIDEWALK REPAIR PROGRAM - RESOL. NO. 81 -44 (1405) thereto on file. CITY COUNCIL Mayor Bacharach opened the hearing and the City Clerk reported that notice had been published with affidavit -2- June 3, 1981 Mr. Siebert presented the June 3 memorandum which outlined the process that had taken place over . the past several months in notifying property owners regarding the repair of sidewalks. Only one property owner had not paid the fee for this repair and con- sequently there will be a lien placed on that property. Responding to the Mayor's call for public testimony was Virgil Cowing, 5531 Seaside Heights, who told the Council that he had received notice of the repair two weeks before the work commenced; he said the cost was too high. There being no further response to the Mayor's call for public testimony, she then declared the hearing closed. RESOLUTION NO. 81 -44 OF THE CITY COUNCIL OF THE CITY OR RANCHO PALOS VERDES ASSESSING CERTAIN PROPERTY OWNERS THE COST OF REPAIRING SIDEWALKS PURSUANT TO DIVISION 7 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE was read by title and ADOPTED on motion of Councilman Dyda, seconded by Councilwoman Hein and carried. SIGN PERMIT NO. 123 - APPEAL Andrew Joncich, 1094 Seventh Street, OF DENIAL (1801) San Pedro, requested that this matter be continued to the next meeting. Councilman Dyda so moved, seconded by Councilwoman Hein and carried. VARIANCE NO. 53 - APPEAL Director Hightower presented the OF DENIAL (1804) staff memorandum of June 3 which re- commended that the Council affirm the Planning Commission's decision to dismiss the appeal on the basis that the re- quired variance findings could not be made. Councilwoman Shaw moved, seconded by Councilman Dyda and carried that this matter be heard on an informal basis. Representing the appellant was Douglas McHattie of South Bay Engineering, 304 Tejon Place, requested that Council approve this variance. Representing the Planning Commission was Harvey Brown who explained to Council the reasons why this variance was denied by the Commission. Councilwoman Shaw moved, seconded by Councilwoman Hein and carried that the variance be granted and the findings made that it is not contrary to the spirit of the General Plan. Councilwoman Shaw moved, seconded by Councilwoman Hein and carried that Council approve in concept the variance and that Staff prepare a suitable resolution for adoption at the next meeting. HEIGHT VARIATION NO. 174 - APPEAL Director Hightower presented the staff OF PLANNING COMMISSION'S APPROVAL memorandum of June 2, 1981 which re- (1804) commended denying the appeal to this variance since all the findings can be made. Representing the appellants in this matter was their attorney Richard Lyman, 21515 Hawthorne Boulevard. He argued that the structure being proposed would obstruct his clients' view and asked that the Council reverse the Planning Commission's approval. The applicant in this matter, Mr. Arthur Cohen, 4909 Blackhorse Road, said that he appreciated the feelings of Mr. and Mrs. Sun, however, he did not feel that the structure would obstruct their view. Councilman Dyda moved, seconded by Councilwoman Shaw and carried that the Council deny the appeal in principle and directed the staff to prepare a resolution for Council's adoption approving this height variation. RECESS TO EXECUTIVE SESSION At 9:00 P.M. Council recessed to a Closed Session for discussion of pending litigation. At 9:15 P.M. the meeting reconvened on motion of Councilman Dyda, seconded by Councilwoman Hein and carried. No action was taken. LEGISLATION - SB230, SB500, & SB835 (306) and carried to oppose SB1176. CITY COUNCIL Councilwoman Hein moved, seconded by Councilwoman Shaw to support SB230, SB500, and SB835. Councilman Dyda moved, seconded by Councilwoman Hein -3- June 3, 1981 The Mayor then reported that she had received a mailgram on SB102 stating that it would be opposed and AB251 should be supported. After discussion, it was the consensus that neither bill was appropriate. Letters had been sent on this legislation during Council- woman Hein's tenure as Mayor and it was suggested that they be reconstructed and sent to the appropriate committee in the Senate and Assembly. CONFORMITY OF CITY LANDSCAPING Councilwoman Shaw inquired if any- thing could be done about conformity of City Landscaping. It was noted that due to the differences of terrain within the City this was not practical;referencewas made to the street standards study covering this subject. REOPEN AGENDA Councilman Dyda moved, seconded by Councilwoman Hein and carried to re- open the agenda and discuss the City Selection Committee upon the arrival of Council- man Ryan. At 10:00 P.M. City Attorney Coughlan was excused on motion of Councilman Dyda, seconded by Councilwoman Hein and carried. SANITATION DISTRICT Mayor Bacharach gave a brief report on the Sanitation District Meeting she attended. HAZARD ELIMINATION PROJECTS ON PALOS VERDES DRIvE EAST - SELECTION OF ENGINEERING DESIGN FIRM (1404) Mr. Siebert reviewed the June 3 memo- randum which summarized the background on this application for hazard elimina- tion safety funding to Caltrans After Council discussion, Councilman Dyda moved, seconded by Councilwoman Shaw and carried that this matter be tabled; that staff look further into this matter and get back to the Council at the earliest possible time. STATUS REPORT City Manager Guluzzy proposed some tentative dates for a meeting with the Housing Committee. He told the Council that the School Board had approved the Ladera Linda Agreement. LEGISLATION (306) SB262 - Councilwoman Shaw moved, sec- onded by Councilwoman Hein and car- ried that this matter be tabled until more information was available. CITY SELECTION COMMITTEE (306) Councilman Dyda moved, seconded by Councilwoman Hein to support Bill Applegate for the City Selection Committee. The motion failed on a two - two vote with Councilwoman Shaw and Mayor Bacharach voting in opposition. Mayor Bacharach moved, seconded by Councilwoman Shaw that Gordona Swanson be elected to the City Selection Committee. The motion carried with Councilman Dyda voting in op- position and Councilwoman Hein abstaining. ADJOURNMENT carried to adjourn to June 10 at 7:00 P.M. DONALD F. GULUZZY, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL 1)///ay CITY COUNCIL /(6, At 11:15 P.M. Councilman Dyda moved, seconded by Councilwoman Shaw and -4- June 3, 1981