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CC MINS 19810317M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 17, 1981 The meeting was called to order at 7:35 P.M. by Mayor Barbara Hein at the Palos Verdes Unified School District Building, 30942 Hawthorne Boulevard. After the Pledge of Allegiance to the Flag which was led by Girl Scout Desiree Palmer from Troop No. 256, roll call was answered as follows: PRESENT: RYAN, SHAW, DYDA, BACHARACH & MAYOR HEIN ABSENT: NONE Also present were City Manager Donald Guluzzy, City Attorney Patrick Coughlan, Director of Public Works Charles Abbott, Director of Planning Sharon Hightower, Director of Parks & Recreation Maynard Law, Director of Community Services Tom Bandy, and Deputy City Clerk Mary Jo Lo f thus . CEREMONIAL MATTER of University Women. Mayor Hein presented a ceremonial proclamation to Frances Fenimore in recognition of the 100th anniversary of the American Association APPROVAL OF AGENDA The following items were added to the agenda: Newsletter (Shaw), Ladera Linda (Ryan), and AB495 ( Bacharach). The amended agenda was approved on motion of Councilwoman Bacharach, seconded by Councilwoman Shaw and carried. WAIVER OF FULL READING OF ORDINANCES & RESOLUTIONS Councilwoman Shaw moved, seconded by Council- man Dyda 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 request was made at that time for reading of such ordinance or resolution. CONSENT CALENDAR After removal of the minutes of March 3rd and No. A -4 (Municipal Fire Insurance Study) the remainder of the consent calendar was approved as follows on motion of Councilwoman Bacharach, seconded by Councilman Ryan. RESOLUTION NO. 81 -20 REGISTER OF DEMANDS TRACT NO. 32574 - APPROVAL OF WORK & RELEASE OF BOND (1411) STANDARD CONSTRUCTION CONTRACTS (308) ADOPTED RESOLUTION NO. 81 -20 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $353,009.35, DEMAND NUMBERS 9327 AND 9329 THROUGH 9389. Approved landscaping and irrigation work and release Bond No. 007814 in the amount of $18,820. Approved and adopted the standard form of construction contract for all future con- struction projects. AGREEMENT WITH ABALONE COVE Approved the agreement between the City LANDSLIDE ABATEMENT DISTRICT and Abalone Cove Landslide Abatement District (1801) for services to be rendered by the Executive Director. IN -HOUSE MAINTENANCE CREW SERVICES - J. T. GARZA (1405) Approved the agreement with J. T. Garza & Co. for a total amount not to exceed $21,000. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: RYAN, SHAW, DYDA, BACHARACH & MAYOR HEIN NOES: NONE GENERAL PLAN AMENDMENT NO. 8 - Director Hightower presented the staff AND CODE AMENDMENT NO. 8 memorandum of March 3rd which summarized (1801) the Council request to the Planning Commis- sion to review the concept of the mixed use housing. Staff recommended that Council initiate a General Plan and Code Amendment and proceed with an Environmental Assessment. Councilwoman Bacharach moved, seconded by Councilwoman Shaw to initiate General Plan Amendment No. 8 and Code Amendment No. 8 and the necessary Environmental Assessment. After Council discussion of the procedure to be followed in implementing this mixed -use housing concept, Councilwoman Bacharach moved, seconded by Councilwoman Shaw to call for the question. The motion failed two three with Councilmembers Hein, Ryan and Dyda voting in opposition. After additional Council discussion, the main motion carried on a three - two vote with Councilmembers Dyda and Hein voting in opposition. KLONDIKE CANYON SURFACE DEFORMATION - INSTALLATION OF INCLINOMETERS (1801) Director Abbott summarized the staff memorandum which listed the cost of drilling and installation of equipment by both Los Angeles County and Moore & Taber and recommended that the Mayor be author- ized to sign a professional services agree- ment with Moore & Taber at a cost not to exceed $36,000. Councilman Dyda moved, seconded by Councilwoman Bacharach to authorize the Mayor to sign an agreement with Moore & Taber at a cost not to exceed $36,000; further, that this cost be accounted for separately such that it applies to the engineering effort for any future abatement district in that area. The motion carried on the following roll call vote: AYES: RYAN, SHAW, BACHARACH, DYDA & MAYOR HEIN NOES: NONE RECREATIONAL VEHICLE PARKING ORDINANCE (1801) Director Hightower referred to the March 17th memorandum from the Planning Commission which recommended that since there is no evidence that a significant problem exists, and since the City al- ready has some necessary regulations, that the City not pursue at this time, a code amendment that would prohibit the parking of recreational vehicles on private property. Further, the Commission recommended that the Council not enact an ordinance that would limit the number of vehicles. After Council discussion of the effectiveness of this type of ordinance and if there was a real problem with this in the City, Councilwoman Shaw moved, seconded by Council- woman Bacharach and carried to receive and file this memorandum and thank the Planning Commission for their efforts. RECESS MIRALESTE DRAIN At 8:25 P.M. Mayor Hein declared a brief recess. The meeting reconvened at 8:35 P.M. Mr. Robert Fillers, 30101 Miraleste Drive, (604) presented a petition to the Council re- questing reconstruction of the storm drain under Miraleste Drive as a new drain with its upper entrance located upon public property rather than private property. (This petition is on file with the City Clerk's Office.) Councilman Dyda moved, seconded by Councilwoman Bacharach and carried to refer this matter back to staff and the City Attorney and request that they bring back a recommenda- tion at the next Council meeting. CITY COUNCIL -2- 3/17/81 ALTERNATE ENERGY SOURCES - The City Manager summarized the letter LETTER FROM THE CITY OF DOWNEY from the City of Downey requesting support (1601) for development of alternate energy sources and maintenance- operation of streets and highways. Council suggested that instead of adoption of a similar resolution, that they lend their support to SB215 which will generate funds for streets and highways. Councilman Ryan moved, seconded by Councilman Dyda and carried to receive and file the request from the City of Downey. Councilwoman Bacharach moved, seconded by Councilwoman Shaw to support SB215. With the permission of the maker and second, Councilman Dyda requested that the motion be amended to state that all money be allocated to solving the urgent needs of the highways and that none be allocated to the General Fund. The amended motion carried on a four - one vote with Mayor Hein voting in opposition. ENDORSEMENT OF CANDIDATE FOR After Council discussion of the requests CONTRACT CITIES ASSOCIATION received from Henry Kruid of the City of (1102) Bellflower and Jack Myers from the City of Hawaiian Gardens, Councilman Ryan moved, seconded by Mayor Hein to support Henry Kruid. The motion carried on a three - two vote with Councilmembers Shaw and Bacharach voting in opposition. NEWSLETTER - CUPERTINO SCENE Referring to the newsletter from Cupertino (1107) and the "Sound Off Card" on the back page of that publication, Councilwoman Shaw moved, seconded by Councilman Ryan and carried to adopt that model for the City's NEWSLETTER and see how it works out. No return postage will be supplied. LADERA LINDA The City Manager briefly summarized the (1401) status of the negotiations on this matter. Councilman Ryan moved, seconded by Mayor Hein and carried that staff report back at the next meeting with the following information: find out what the O &M cost impact will be; under what conditions would the trade be made with regard to zoning, and what are the legal impediments considering the involvement of the State in the two sites. ELIMINATION OF BAIL -OUT FUNDS FOR CITIES -SB111 & AB251 (310) The City Manager summarized the impact on revenues should these bills be passed. After Council discussion of the League's position and the trade -offs involved insofar as state subventions are concerned, Council- man Dyda moved, seconded by Councilwoman Bacharach and carried to determine the relative position between the property tax and subventions for cities; identify those statistics to our legislators. Secondly, send a telegram to each league board member asking that they report back to us as to what basis they used for trading off state subventions for bail -out funds. Also, send this letter to the cities with high subvention property tax ratio and ask them to look at their problem and support a mutually beneficial position. AB495 - UNCONTESTED Explaining that this bill would authorize MUNICIPAL ELECTIONS the legislative body of a city to appoint (306 x 501) the sole nominee if the office is not contested 63 days prior to the general election, Councilwoman Bacharach moved, seconded by Councilman Ryan and carried to support AB495. SB314 - COMPULSORY & BINDING ARBITRATION (306) CITY COUNCIL Councilman Ryan moved, seconded by Council- woman Shaw and carried to oppose SB314. -3- 3/17/81 AB601 - TIME LIMITATION ON The City Manager summarized this bill SERVICES OF COMPLAINTS which provides that a defendant's cause (306) of action for equitable indemnity or partial equitable indemnity accrues on the date upon which the defendant is served with the complaint giving rise to the de- fendant's claim. He recommended that the City support this bill. Councilwoman Shaw moved, seconded by Councilwoman Bacharach and carried to support this bill. INTEREST ON FUNDS EXPENDED FOR SEWER FEASIBILITY STUDY - ABALONE COVE ABATEMENT DISTRICT (1801) The City Manager summarized his memo- randum which recommended charging 8% interest per year for each of the years that the City does not receive payment from the District for this study. Councilman Dyda moved, seconded by Councilwoman Bacharach and carried to attach interest payments of 8% until such time as the sewer district study is paid by the district. PUBLICATION OF AGENDA IN NEWSPAPER (307) The City Manager summarized his memo- randum which requested Council direction on whether to continue publication of the agenda in the newspaper. Representing the League of Women Voters of Palos Verdes Peninsula was Margie Caterson, 1508 Paseo del Mar, Palos Verdes Estates, who read a prepared statement from the League requesting that the Council continue this practice. A copy of Mrs. Caterson's letter is on file with the City Clerk's office. After Council discussion of the cost involved and the number of people this publication reached, Councilman Dyda moved, seconded by Councilwoman Bacharach and carried to dis- continue publication of the advertisement for the agenda in the Palos Verdes News, but continue to provide as a press release. ANNUAL REPORT CALENDAR Council Dyda moved, seconded by Council- man Ryan and carried to continue this matter to the next meeting. ITEMS REMOVED FROM THE CONSENT CALENDAR: MINUTES OF MARCH 3, 1981 Page 2, BUS SHELTER AT SUNNYSIDE RIDGE ROAD, First line, second paragraph add the following on motion of Councilwoman Shaw, seconded by Councilwoman Bacharach and carried with Councilman Ryan abstaining: "After Council discussion of whether there should be a charge to the homeowners association . . . ." Page 2, RESOLUTION OF SUPPORT FOR THE PALOS VERDES PENINSULA EDUCATION FOUNDATION, last paragraph, add the following on motion of Councilwoman Shaw, seconded by Councilwoman Bacharach and carried with Councilman Ryan abstaining: "It was the consensus of Council that the letter suggest that money collected by the Educational Foundation be used as an endowment fund and that interest only be given to the school." Pare 5, WORK SESSION REGARDING IN -HOUSE MAINTENANCE WORK CREW, Second •ara:ra•h, add the following on motion of Councilwoman Shaw, seconded by Councilman Dyda and carried with Councilmembers Ryan and Hein abstaining: "At 11:25 P.M. Council reconvened with no action taken." The minutes as amended were approved on motion of Councilwoman Bacharach, seconded by Councilman Dyda and carried. CALIFORNIA CONTRACT CITIES - REQUEST FOR $1,000 ASSESSMENT FOR MUNICIPAL FIRE INSURANCE STUDY (902) After Council discussion of whether the City should become involved in this type of self - insurance program and the cost savings that might accrue from participat- ing in such a venture, Councilman Dyda moved, seconded by Mayor Hein to join with the California Contract Cities Association in this effort with the understanding that we can stop at any phase; that copies of the reports will be available in the reading file; the City Manager will report to the Council prior to decisions on each phase and authorize expenditure of not to exceed $1,000 from the General Fund Reserves for this study. The motion carried on the following roll call vote; CITY COUNCIL -4- 3/17/81 AYES: RYAN, SHAW, DYDA, & MAYOR HEIN NOES: NONE ABSTAIN: BACHARACH ADJOURNMENT: DONALD F. GULUZZY, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL At 10:16 P.M. Council adjourned to March 24, 1981 at 7:30 P.M. on motion of Councilman Ryan, seconded by Council- man Dyda and carried.