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CC MINS 19820202 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FEBRUARY 2, 1982 The meeting was called to order at 7:35 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 which was led by Girl Scout Troop 182, roll call was answered as follows: 11/ AYES: HEIN, RYAN, SHAW, DYDA & MAYOR BACHARACH ABSENT: NONE Also present were City Manager Donald Guluzzy, City Attorney Patrick Coughlan, Director of Planning Sharon W. Hightower, Director of Public Works Carl Abel, Director of Administrative Services Kiti Laisure, and Deputy City Clerk Mary Jo Lofthus. APPROVAL OF AGENDA The following items were added to the agenda: SB1336, AB699 (Mayor Bacharach) February 16th Meeting (Hein) , and Parks & Recreation Committee (Mayor Bacharach) . The amended agenda was approved on motion of Councilman Dyda, seconded by Councilwoman Shaw and carried. WAIVER OF FULL READING OF Councilman Dyda moved, seconded by Council- ORDINANCES & RESOLUTIONS woman 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 the reading of the title unless specific request was made at that time for reading of such ordinance or resolution. # # # # # # # # # CONSENT CALENDAR After addition of the Supplemental Register, removal of the minutes of January 18th, and Grading Application No. 528, the remainder of the Consent Calendar was approved as follows on motion of Councilwoman Shaw, seconded by Councilman Dyda. MINUTES Approved as presented the minutes of January 19, 1982. RESOLUTION NO. 82-6 - ADOPTED RESOLUTION NO. 82-6 OF THE CITY REGISTER OF DEMANDS COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $413,974.97, DEMAND NUMBERS 10893 THROUGH 10961. RESOLUTION NO. 82-7 - ADOPTED RESOLUTION NO. 82-7 OF THE CITY SUPPLEMENTAL REGISTER COUNCIL OF THE CITY OF RANCHO PALOS VERDES OF DEMANDS ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $26,269.77, DEMAND NUMBERS 10962 THROUGH 10973. PARCEL MAP NO. 8947 - Approved the map, accepted the right to APPROVAL OF FINAL MAP restrict erection of buildings or other (1410) structures as offered for dedication on said map, made the appropriate findings as indicated in the January 15, 1982 letter from the City Engineer and instructed the City Clerk to endorse on the face of the map the certificate which embodies the approval of said map. TRACT NO. 33871 - APPROVAL Approved the agreement between the cities OF SANITARY SEWER AGREEMENT of Rancho Palos Verdes and Rolling Hills (1411 x 1402) providing a sewer system for five lots located within Rolling Hills Tract No. 33871 to the Rancho Palos Verdes public sanitary sewer system. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: HEIN, RYAN, SHAW, DYDA & MAYOR BACHARACH NOES: NONE GRADING APPLICATION NO. 528 - The appellant in this matter, (1801) Manuel Real, requested that this matter be continued to April 20th. After Council discussion of the length of time this matter has carried on, Council- man Dyda moved, seconded by Councilwoman Hein to adopt the staff recommendation and continue this item until March 2, 1982. The motion carried on a three - two vote with Councilmembers Ryan and Shaw voting in opposition. BERRY HILL UNDERGROUNDING Mayor Bacharach opened this public DISTRICT NO. 3 - PUBLIC hearing which had been continued from HEARING FOR FINAL ASSESSMENT - January 18, 1982. The Clerk reported RESOLUTION NO. 82-8 CONFIRMING that notice had been published and THE ASSESSMENT that the City had received written (901) protests from the following residents: S. M. Lagudis, 30462 Via Cambron, Paul Bachar, Jr. , 30338 Via Borica, Anshoo Gupta, 30104 Via Victoria, Daniel Binder, 30004 Via Borica, Pham Quang, 7328 Berry Hill, William Leake, 30459 Via Victoria, Dorothy Berkey, 7327 Via Lorado, Rufus Moore, 30318 Via Borica, Bruce Franklin, 30103 Via Borica, Shirley & Richard Gruetter, 30915 Via Rivera. City Engineer Armando Cid presented the letter of January 27, 1982 from the contractor on this project Irish Construction. This letter explained the settlements and adjust- ments made to claims by certain property owners in the area. This letter is on file with the City Clerk's office. Referring to his letter of January 30, 1982, Richard Gruetter, 30915 Via Rivera ques- tioned the increase in the costs, objected to the contract being revised by the Council_ and stated that the assessment should not be levied until the poles are taken down. Council then questioned when the assessments would be levied, how much time the Telephone Company had to remove the poles and requested the City Engineer to explain the procedure followed for the formation of this district under the 1911 Act. Additional Council discussion included comments on the work order changes made, the charges for incidentals, what was included in these incidentals, whether, in an effort to reduce costs, mailings could be once a year instead of twice, and how much book- keeping time was spent in administering these bonds. Expressing their concerns about this improvement district were the following residents of the area: Diane Shneer, 30109 Vic Victoria; Robert Clauser, 30210 Via Riveria; and Daniel Binder, 30004 Via Borica. They were concerned about the conditions caused by the trenching of the roads and wanted to know if there would be restriping and re- surfacing of the area; if the remaining aerial wires were alive and when would they be cut off; what was going to happen to the easements now that the Edison Company was not going to use them, and what could be done about telephone wires at certain homes which were strung from the garage to the house. Staff was instructed to contact the Edison Company and request abandonment of these easements not needed. It was the concensus that the Mayor and the Public Works Director should contact the Telephone Company to see what could be done about the lines strung from the garage to the house at Mr. Binder'_s home._ After additional Council discussion of the charge for incidental costs contained in the staff's breakdown of bid price versus actual costs, Councilman Dyda moved, second- ed by Councilwoman Hein and carried to reduce the charge for incidental costs (Administration, Public Notice, Printing Bonds, and Processing Bonds) to $20,000. Mayor Bacharach stated that it was now in order to deny all protests, confirm the assessment, and order the warrant, diagram and assessment recorded in the office of the Superintendent of Streets. Councilman Dyda so moved, seconded by Councilwoman Hein and carried. City Attorney Coughlan amended the proposed resolution as follows: "That said assess- ment is amended and in all particulars . . . ." RESOLUTION NO. 82-8 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING AND CONFIRMING ASSESSMENT RE: RANCHO PALOS VERDES IMPROVEMENT DISTRICT NO. 3 was read by title and ADOPTED on motion of Councilman Dyda, seconded by Councilwoman Hein and carried. Councilwoman Hein moved, seconded by Councilman Ryan and carried to direct the Finance Director to prepare a Bill of Sale to General Telephone Company of America. City Council -2- 2/2/82 RECESS At 8:55 P.M. Council recessed. At 9:10 P.M. the meeting reconvened. BIKEWAYS - TRAFFIC Director Abel presented the February 2nd COMMITTEE PRIORITIES memorandum recommending that the Council (112) accept the Traffic Committee's recommenda- tion to design a bikeway along Palos Verdes Drive South, sections 2, 3, and 4 (Pt. Vicente Lighthouse to Marineland, Seahill Drive to Clipper Road, Seacove Drive to Wayfarer's Chapel and Schooner Dr. 700 feet east) . After a brief Council discussion of how much this bikeway would cost and if this will complete the bikeway path along Palos Verdes Drive South and West, Councilman Dyda moved, seconded by Councilwoman Hein and carried to accept the Traffic Committee's recommendation. STORM DRAIN Director Abel presented the February 2nd LATERAL CLEANING staff memorandum listing the estimates (604 x 1405) received for lateral cleaning within the City. Staff recommended that Council authorize a contract with Sanitation and Operation Consultants, Inc. for storm drain lateral cleaning at a cost not to exceed $8,500. Councilwoman Shaw so moved, seconded by Councilwoman Hein and carried on the following roll call vote: AYES: HEIN, RYAN, SHAW, DYDA & MAYOR BACHARACH NOES: NONE KLONDIKE CANYON AREA - Director Hightower presented the staff REQUEST FOR EXEMPTION memorandum of February 2, 1982 which ex- FORM MORATORIUM plained that staff had observed construction APPLICANT: ROBERT GAZELEY of a room addition on the roof of the exist- (1801) ing structure located at 81 Yacht Harbor Dr. Pictures were taken and a Notice of Violation was issued to the owner Mr. Gazeley. Staff then contacted the Los Angeles County Building and Safety Department and requested that a stop work order be issued. On January 14, 1982 the Planning Department received a letter from Mr. Gazeley requesting that Council grant him an exemption from the landslide moratorium. Staff recommended that the request be denied and require removal of the existing framing and walls. The applicant Mr. Gazeley, 81 Yacht Harbor Drive, presented pictures of the construction and gave the reasons why his family needed this addition. Additionally, he presented a letter from his wife's employer substantiating these reasons. Council then discussed how much geologic hazard this addition might cause if similar structures would be allowed in the Abalone Landslide District, the amount of liability incurred by allowing this structure, if new construction is allowed under the current ordinance, if permitting this structure would affect the Abalone Cove Landslide issue , the kind of exposure this presented the City and other residents, and if this should be referred to staff for consideration of its impact on the whole question of moratoriums. Councilman Dyda moved, seconded by Councilwoman Hein and carried that staff contact Dr. Ehlig and get an estimate on how much it will cost to determine the appropriate geologic factors that will identify where additions to existing buildings can be accomplished safely and to what extent. Mr. Gazeley was advised not to do any more work on his addition; he will be allowed only to cover it with plastic. (At 9:50 P.M. the City Attorney was excused for the evening.) CHANGE IN AGENDA Councilman Ryan moved, seconded by Council- woman Hein and carried to change the order of the agenda and discuss the City Manager's Status Report as the next item of business. STATUS REPORT Peninsula Joint Powers Transfer Station - It was the consensus that Mayor Bacharach would discuss this with the other Peninsula mayors at their February 3rd meeting. Loan to Abalone Cove Landslide Abatement District - Councilman Dyda reported that the District is ready to pay this loan in May. Palos Verdes Drive East Bikeway/Walkway - Director Abel will try to determine when Caltrans will grant approval. Lease with Zuckerman - It was the consensus that this item should be removed. City Council -3- 2/2/82 HAWTHORNE BOULEVARD MEDIAN City Manager Guluzzy reported on his (1404) meeting with the County for construc- tion of a median and widening of Hawthorne Boulevard. The County is willing to split the cost fifty-fifty between Rancho Palos Verdes, Rolling Hills Estates and the County. This could possibly be approved by late summer. Commenting that engineering had already been done for this job, Council recommended that it be used. LEGISLATION SB1093 - Mandatory Density Bonus for (306) Parkland Dedication: Councilman Ryan moved, seconded by Councilwoman Hein and carried to oppose this legislation. SB1336 - Joint & Several Liability Rule: Councilman Ryan moved, seconded by Councilman Dyda and carried to support this legis- lation. AB699 - Cable Television Rates: Councilwoman Shaw moved, seconded by Council- man Ryan and carried to send a letter opposing this legislation. COAST GUARD OPERATIONS - Councilman Dyda moved, seconded by PROPOSED CUTS Councilman Ryan and carried to send (310) a letter to the Coast Guard objecting to the way the costs are being taken by cutting the essential services in- stead of cutting services that will be less important. GOLDEN STATE SENIOR Councilman Ryan moved, seconded by CITIZEN DISCOUNT PROGRAM Councilman Dyda and carried to send a (305 x 310) letter supporting this program. SANITATION DISTRICT - After Council discussion of whether or REQUEST FOR SUPPORT OF not to support reduced or full funding, CONTINUATION OF CLEAN Councilman Ryan moved, seconded by WATER ACT FUNDING Councilman Dyda to receive and file (1402) this request for support. The motion carried on a four - one vote with Mayor Bacharach voting in opposition. FEBRUARY 16th COUNCIL MEETING Noting conflict with a meeting to be (307) held on this date, Councilwoman Hein moved, seconded by Councilman Ryan and carried to start the February 16th Council meeting at 8:00 P.M. Staff was instructed to issue a press release to the Palos Verdes News and the Daily Breeze on this matter. PARKS & RECREATION COMMITTEE Mayor Bacharach read the letter of - COUNCIL REORGANIZATION - resignation from Parks & Recreation CITIZEN COMMITTEE APPOINTMENTS Committee member Dr. Robin Nicoloff. (106 x 306) The Mayor requested that the matter of Council reorganization and citizen committee appointments be discussed at the March 2nd meeting. # # MINUTES Page 5, Meeting with Committee & Commission Members, second line of that discussion - Mayor Bacharach moved, seconded by Councilwoman Hein to amend as follows: ". . . to provide beer and wine at this March 30th meeting." The motion failed on a two - three vote with Coun- cilmembers Shaw, Dyda and Ryan voting in opposition. Councilwoman Hein moved, seconded by Councilwoman Shaw and carried to approve the minutes of January 18th. ADJOURNMENT At 10:35 P.M. the meeting was adjourned on motion of Councilwoman Shaw, second- ed by Councilman Dyda and carried. ATTEST: fr drA: &achg MAYOR A AV I C T CLE'K City C i nr 1 -4- 2/2/82