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CC MINS 19820302 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 2, 1982 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 which was led by Brownie Troop 934 Color Guard, roll call was answered as follows: PRESENT: 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 Parks & Recreation Maynard Law, Director of Administrative Services Kiti Laisure, and City Clerk Mary Jo Lofthus. APPROVAL OF AGENDA After addition of Sanitation District Surcharge and Budget Workshop Date (Mayor Bacharach) the amended agenda was approved on motion of Councilman Dyda, seconded by Councilwoman Hein and carried. WAIVER OF FULL READING OF Councilman Dyda moved, seconded by Council- ORDINANCES & RESOLUTIONS woman Hein and carried to waive reading in full of all ordinances and resolutions 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. 1/ 11 # Ii # CONSENT CALENDAR: After removal of Bond No. 6322739 from Item A-4 (Tract No. 31617) , A-5 (Claim by Carlos S. Lozano against the City) , A-7 (Capital Improvement Project Management System) , removal of Warrant No. 11050 (Freese Construction Co.) from the Register of Demands, and addition of the supplemental Register of Demands, the remainder of the Consent Calendar was approved as follows on motion of Councilwoman Shaw, seconded by Councilwoman Hein: MINUTES Approved as presented the minutes of February 16, 1982. RESOL. NO. 82-14 - REGISTER ADOPTED RESOLUTION NO. 82-14 OF THE CITY OF DEMANDS COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $272,557.61, DEMAND NUMBERS 11046 THROUGH 11113. RESOL. NO. 82-15 - SUPPLEMENTAL ADOPTED RESOLUTION NO. 82-15 OF THE CITY REGISTER OF DEMANDS COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $22,266.42, DEMAND NUMBERS 11114 THROUGH 11130. TRACT NO. 36301 - APPROVAL OF (1) Found that all work has been completed; WATER SYSTEM (1411) (2) Released the Subdivision Water System Agreement between the City and the sub- divider; and (3) Reduced the Certificate of Deposit by $22,000. TRACT NO. 31617 - RELEASE OF Released Street Improvement Bond No. STREET IMPROVEMENT & LANDSCAPING 6322730 and Landscape and Irrigation & IRRIGATION BONDS (1411) Bond No. 6322742. TENTATIVE TRACT NO. 36345 - Extended Tentative Tract Map No. 36345 EXTENSION OF TRACT MAP (1411) for a period of six months to expire on October 1, 1982. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: HEIN, RYAN, SHAW, DYDA, & MAYOR BACHARACH NOES: NONE # PUBLIC HEARING BERRY HILL UNDERGROUNDING Mayor Bacharach opened this protest DISTRICT NO. 3 - PROTEST hearing for the undergrounding of HEARING (901) utilities on selected private properties. The Clerk reported that notice had been duly published and that no written protests were received by the City. Public Works Director Abel presented the staff memorandum which listed the total cost for work performed by Freese Construction/Electric Company at these selected properties. Objecting to the charge of $521.00 was Dr. Ismail Zade, 7325 Via Lorado, who told the Council that he had performed the work himself prior to the deadline. There being no response to the Mayor's call for additional public testimony she then declared the hearing closed. Council discussion included comments on the cost of sending men out to do this work; if the City had been notified by Dr. Zade that the work had been done; had the contractor done all the properties at the same time; if the City was in possession of the contractor's daily work sheets; if the Myers conversion meter box costing $215 could be returned to the supplier; and if it is possible to renegotiate with the contractor on the charge to Dr. Zade. Councilwoman Shaw moved, seconded by Councilman Dyda and carried to table this matter until the next City Council meeting. It was the consensus of Council that staff should try to renegotiate the assessment for the property located at 7325 Via Lorado prior to that meeting. SCAG INTERIM RHAM Associate Planner Ann Negendank presented REVISIONS (701) the staff memorandum of March 2, 1982 which reported on staff's initiation of the revision process to the Regional Housing Allocation Model (RHAM) on January 29, 1982 and SCAG's response. Staff recommended that Council approve the draft letter containing specific comments regarding SCAG's findings. Council discussion included inquiries as to whether the SCAG staff would recom- mend the City's position to the committee; what would happen if HCD questions the City's numbers; if SCAG questioned the lumping of the categories; and what are the total regional numbers distribution percentages. Councilwoman Hein moved, seconded by Councilman Ryan to accept the draft letter as adopted and send to SCAG. Councilman Dyda proposed an amendment, seconded by Councilwoman Hein and carried to amend Line 9 of the draft letter to read: "The City recommends a city distribution as presented in the letter of January 29, 1982." The main motion carried on a four - one vote with Councilwoman Shaw voting in opposition. COST ALLOCATION SYSTEM (602) Administrative Services Director Laisure presented the staff memorandum of February 24, 1982 which summarized the need to establish a cost accounting reporting system and the part that this appraisal would play in setting up that system. COUNCIL -2- MARCH 2, 1982 Staff recommended that the City accept the proposal of Industrial Appraisal Company for an appraisal of fixed assets. Amount of the contract to be $2,955 with $300 per year update. Council then discussed what would be included in the annual update; if staff additions to the appraisal would be certified to insurance companies; to what degree would the appraisal be invalidated if staff performed these yearly updates, and if schedules of depreciation would be established. Councilman Dyda moved, seconded by Councilman Ryan to accept and award the contract to Industrial Appraisal Company for $2,955 for the initial appraisal only. The motion carried on the following roll call vote: AYES: HE IN, RYAN, DYDA, & MAYOR BACHARACH NOES: SHAW RECESS At 8:50 P.M. Mayor Bacharach declared a recess. The meeting reconvened at 9:00 P.M. with the same members present. MINOR NONCONFORMING STRUCTURES Director Hightower presented the staff (1801) memorandum of March 2, 1982 which referred to Council's direction that staff study the possibility of allowing minor nonconforming structures to be replaced or restored without having to obtain a Variance or Minor Exception Permit. Staff suggested amending Section 17.68.060 of the Code to allow for the restoration of minor nonconforming structures; the Code would differentiate between major and minor nonconforming structures. The following definition of minor structure was presented for consideration: A minor nonconforming structure shall mean any wall, fence, combination wall and fence, retaining wall, deck, antenna, or accessory building which does not exceed twelve (12) feet in height nor an area of sixty-four (64) square feet. Following Council discussion of how this would affect the slide area; if accessory buildings meant non-habitable buildings; how can the City verify what was previously existing, and if some of these minor nonconforming uses would be allowed under the present Code, Councilwoman Shaw moved, seconded by Councilwoman Hein to accept the definition presented for minor nonconforming structures with the addition that accessory buildings be identified as those that are non-habitable and authorize the staff to initiate the Code Amendment procedure to allow for the replacement/restoration of minor nonconforming structures. The motion carried on a four - one vote with Mayor Bacharach voting in opposition. KLONDIKE CANYON AREA - AMENDMENT ORDINANCE NO. 148U OF THE CITY OF RANCHO TO LANDSLIDE MORATORIUM - ORDINANCE PALOS VERDES AMENDING ORDINANCE NO. 108U, NO. 148U (1801) AS AMENDED BY ORDINANCE NOS. 118U, 120U, 123U, 128U, 130U, 131U, 139U, 140U, and 143U, AND DECLARING THE URGENCY thereof was read by title. Councilman Dyda moved, seconded by Councilwoman Shaw to waive further reading and ADOPT ORDINANCE NO. 148U as an urgency ordinance. The motion carried on the following roll call vote: 11/ AYES: REIN, RYAN, SHAW, DYDA & MAYOR BACHARACH NOES: NONE HESSE PARK & CLOVERCLIFF PARK - Parks & Recreation Director Law presented AWARD OF BIDS (1201) the staff memorandum of February 24, 1982 which summarized the background on the development of Hesse Park and Clovercliff Park, and listed the bids received for their construction. Staff recommended that Council award the construction of Hesse Park (Phases I and II) and the construction of Clovercliff Park to Valleycrest Landscape, Inc. the low bidder, for a cost of $1,870,600, and reject all other bids. Council then questioned the necessity of having the park design team, the reason for the construction contingency fund of 5%, and the objective of having the construction management team. 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NO. 82-16 - ESTABLISHING Mel Hughes, 28017 San Nicolas Drive A FEE FOR STILL PHOTOGRAPHY, MOTION requested that this fee not be enforced PICTURES& TELEVISION PRODUCTIONS until the City had determined how amateur (202 x 1103) Cable TV operators could work in the City without being in violation of Ordinance No. 147. No. 147. Councilwoman Hein moved, seconded by Councilman Dyda that this matter be tabled until the City Attorney has had an opportunity to review Ordinance No. 147. The motion carried. MIRALESTE HIGH SCHOOL - Public Works Director Abel presented the SAFETY STUDY (1502) staff memorandum of March 2, 1982 which II/ summarized the Traffic Committee's request that a traffic engineering and signal warrants study be performed at Miraleste High School. Staff recommended that the Council authorize Mr. Hui Lai to conduct a traffic engineering study at Miraleste High School at Palos Verdes Drive East at a cost not to exceed $1,500. Representing the Traffic Committee was its Chairwoman Arline Grotz who explained that this area has a high accident rate and that the people at the high school had requested the Committee to review the situation again and determine what can be done to improve safety in the area. Council then discussed what had been covered in the previous study of this area and what this new study would cover. Councilman Dyda moved, seconded by Councilwoman Hein to adopt the staff recommendation to conduct a traffic engineering study at Miraleste High School at Palos Verdes Drive East at a cost not to exceed $1,500. The motion carried on the following roll call vote: AYES: HEIN, RYAN, SHAW, DYDA, & MAYOR BACHARACH NOES: NONE FIRE RESISTANT ROOFING Director Hightower presented the - PLANNING COMMISSION March 2, 1982 staff memorandum which RECOMMENDATIONS (603 x 1801) reported on staff's presentation of this matter to the Planning Commission. The consensus of the Commission was that the subject needs further study, Especially criteria relating to location, information on different types of roofing materials, and deterioration rates of shake shingles. Councilman Dyda moved, seconded by Councilwoman Hein to adopt alternative No. 2 to determine if more restrictive standards may be needed in some areas of the City and not in other areas. Representing the Planning Commission was its Chairman Mel Hughes who told the Council that the Commission felt they needed more information on the deterioration rates of the various classes of shingles. Councilman Dyda moved, seconded by Councilwoman Hein and carried to call for the question. The main motion carried unanimously. RESOLUTION NO. 82-16 - Council then resumed discussion of this ESTABLISHING A FEE FOR STILL matter and the City Attorney said he felt PHOTOGRAPHY, MOTION PICTURES that Ordinance No. 147 had adequate & TELEVISION PRODUCTIONS provisions allowing amateur filming (202 x 1103) without payment of a fee. RESOLUTION NO. 82-16 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING A FEE FOR STILL PHOTOGRAPHY, MOTION PICTURES AND TELEVISION PRODUCTIONS was read by title and ADOPTED on motion of Councilman Dyda, seconded by Councilwoman Shaw and carried. COUNCIL -5- MARCH 2, 1982 RECESS TO EXECUTIVE SESSION The meeting was RECESSED at 10:40 P.M. to Executive Session for discussion of threatening litigation on motion of Councilman Ryan, seconded by Councilwoman Shaw and carried. RECONVENE At 11:00 P.M. tie meeting reconvened with all members present. Mayor Bacharach reported that no action had been taken. REQUEST TO INITIATE CODE Council resumed its discussion of this AMENDMENT & STAY ENFORCEMENT matter. CASE - APPLICANT: MRS. KELVIN VANDERLIP (1801) Councilman Ryan moved, seconded by Council- woman Shaw to initiate a study on an Estate Zone and postpone action until the study is completed. The City Attorney advised that the applicant should be sent a letter telling her that the City reserves the right to request removal of the illegal units. The motion carried on a three - two vote with Councilmembers Hein and Dyda voting in opposition. TRAFFIC SIGNAL AT MONTEMALAGA/ Director Abel referred to the February SILVER SPUR (1503) 10, 1982 letter from the City of Rolling Hills Estates regarding the cost for synchronization of this traffic light and requesting that this City pay $10,350 as its share. Council discussed how effective this synchronization would be since it is a half mile from another light; how it would affect the flow of traffic on the cross streets, and if this should be a demand light instead. Councilwoman Shaw moved, seconded by Councilwoman Hein to send a letter to the City of Rolling Hills Estates and thank them for checking into the cost, but tell them that we have changed our minds about synchronization. The motion carried on a four - one vote with Councilman Ryan voting in opposition. PALOS VERDES DRIVE SOUTH Director Abel presented the staff TIMELINE FOR RECONSTRUCTION memorandum of March 2, 1982 which ( 1403 x 1801) recommended: (1) authorize staff to proceed with an RFP for engineer- ing services on the reconstruction of Palos Verdes Drive South from the slide area to Forrestal. (2) That an engineering contract be brought to Council for approval. (3) Funding to come from this year's operating budget account 01-4404-070 road repair. Additionally, the City Manager presented a March 1, 1982 memorandum listing the capital projects funding for 1981 through 1984. This memorandum was corrected to include $50,000 funding for Palos Verdes Drive South in the Abalone Cove Landslide District. After Council discussion of where this money was coming from and if this included total income including grants, Councilman Dyda moved, seconded by Councilwoman Hein and carried to accept this Capital Projects Funding memorandum with the addition of $50,000 for Palos Verdes Drive South in the Abalone Cove Landslide District for fiscal 1982-83. Councilman Dyda moved, seconded by Councilman Ryan and carried to accept staff recommendations 1, 2, and 3 in the March 2, 1982 memorandum. COUNCIL -6- MARCH 2, 1982 COUNCIL REORGANIZATION & Council Reorganization - Council discussed COMMITTEE & COMMISSION APPOINT- the pros and cons of reorganizing in April MENTS (106 x 306) versus after the November elections. In an effort to reorganize the Council coincident with the November elections, Councilman Ryan moved, seconded by Councilwoman Shaw that the next Council reorganization should occur at the 1st meeting in July, 1982; the subsequent reorganization would take place in September, 1983 and then again at the second meeting in November, 1984. Councilwoman Shaw proposed an amendment, seconded by Mayor Bacharach to extend the term of the current mayor to the 1st meeting in August, 1982, with the next Mayor's term being extended to the second meeting in November, 1983. The amendment carried on a four - one vote with Councilwoman Hein voting in opposition. The main motion to reorganize after the November elections carried on a three - two vote with Councilmembers Hein and Dyda voting in opposition. Committee & Commission Appointments - Councilman Dyda moved, seconded by Council- woman Hein and carried to retain the present procedure for reorganizing the committees and commission. Committee & Commission Chairmen - Councilwoman Shaw moved, seconded by Council- man Dyda and carried to change Resolution No. 79-35 to accommodate electing the chairmen at the second meeting in May of each year. LEAGUE OF CALIFORNIA CITIES Council briefly discussed the fee schedule DUES (1102) proposed by the League. Councilman Ryan moved, seconded by Councilman Dyda to oppose this increase in dues. The motion failed on a four - one vote with only Council- man Dyda voting in favor of it. Referring to the vacancies occurring on the Los Angeles County Transportation Commission which will be filled by the City Selection Committee board and the possibility that these vacancies might be filled at the next meeting instead of after municipal elections, Councilwoman Shaw moved, seconded by Councilwoman Hein and carried to oppose any such rush in making appointments to these seats. LEGISLATION (306) Councilwoman Shaw moved, seconded by Councilwoman Hein and carried to take the following position on proposed legislation: AB2321 - OPPOSE; AB495 - SUPPORT: AB2133 - OPPOSE, and AB2480 - OPPOSE. Councilman Dyda moved, seconded by Councilwoman Hein to OPPOSE AB2400,. The motion carried on a three - two vote with Councilmembers Shaw and Bacharach voting in opposition. ASSESSMENT DISTRICT LEGISLATION Since information had just been received on this proposed legislation, it was the consensus that this matter should be placed on the next agenda. SANITATION DISTRICT - After Council discussion of the March PALOS VERDES LANDFILL SURCHARGE 1, 1982 letter from the Sanitation (1402) District regarding the use of the Palos Verdes Landfill surcharge fund, it was the consensus that the Mayor should support the position that this money should be used for building a transfer station. BUDGET WORK SHOP (306 x 602) It was the consensus of Council to hold a budget work shop on Saturday, March 20. STATUS REPORT Council briefly discussed the City Manager's status report. No action was taken. COUNCIL -7- MARCH 2, 1982 ITEM REMOVED FROM THE CONSENT CALENDAR CLAIM AGAINST THE CITY After a brief discussion and clarification BY CARLOS S. LOZANO (303) of this claim, Councilwoman Hein moved, seconded by Councilwoman Shaw and carried to reject this claim as provided in Government Code Section 912.6. ADJOURNMENT At 12:55 A.M. Councilwoman Shaw moved, seconded by Councilman Dyda and carried to adjourn to March 5, 1982 at 5:00 P.M. for discussion of the Construction Management Firm. MAYOR ATTEST: J CITY C RK COUNCIL -8- MARCH 2, 1982