CC MINS 19820316 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MARCH 16, 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 representatives
from District 7 Girl Scouts, roll call was answered as follows:
PRESENT: HEIN, RYAN, SHAW, DYDA, & MAYOR BACHARACH
ABSENT: NONE
Also present were City Manager Donald F. Guluzzy, Director of Planning Sharon
W. Hightower, Director of Public Works Carl Abel, Director of Community
Services Tom Bandy, Associate Planner Alice Angus, and City Clerk Mary Jo
Lo f thus.
CEREMONIAL MATTER - GIRL SCOUTS Mayor Bacharach presented a
OF AMERICA (304) proclamation to representatives
of the South Bay District #7
Girl Scout Council in observance of the 70th anniversary of the founding
of the Girl Scouts of the United States of America.
APPROVAL OF AGENDA After addition of Legislation
(Mayor Bacharach) the amended
agenda was approved on motion of Councilwoman Shaw, seconded by Councilman
Dyda and carried.
WAIVER OF FULL READING OF Councilwoman Shaw moved, seconded
ORDINANCES & RESOLUTIONS by Councilman Dyda and carried to
waive reading in full of all
ordinances and resolutions at this meeting with consent to the waiver of
reading of the title unless specific request was made at that time for
reading of such ordinance or resolution.
If # I,
CONSENT CALENDAR After removal of the Register of
Demands, 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 February 22 and March 2, 1982.
TRACT NO. 31714 - RELEASE OF Released Landscaping Bond No.
LANDSCAPING BOND (1411) 2615716.
TRACT NO. 34834 - APPROVAL OF Approved the road improvements
ROAD IMPROVEMENTS (1411) and exonerated Surety Bond No.
009027.
TRACT NO. 32991 - APPROVAL OF Approved the road improvements
ROAD IMPROVEMENTS (1411) and exonerated Surety Bond No.
009280.
TRACT NO. 35045 - APPROVAL OF Approved the water system as
WATER SYSTEM (1411) complete, released the Sub-
division Water System Agree-
ment and exonerated Surety Bond No. OSM 555-968.
BERRY HILL IMPROVEMENT DISTRICT Authorized the Mayor and City Clerk
NO. 3 - BILL OF SALE TO GENERAL to sign the Bill of Sale with
TELEPHONE (901) General Telephone Company of America
for the underground supporting
structure in the public right-of-way.
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:
RESOL. NO. 82-17 - FORMATION. • Mayor Bacharach opened this
OF KLONDIKE CANYON GEOLOGIC public hearing on the formation
HAZARD ABATEMENT DISTRICT of a Hazard Abatement District.
(1801) The City Clerk reported that
notice of the public hearing had
been duly published and that written protest was received from the following
residents of the area: Charles and Viola Semonian, 4394 Dauntless Drive;
Valdemar and Corinne Lovicz, 4332 Dauntless; Fred and Peggy Sullivan, 4348
Exultant Drive; and Edison Fabian, 124 Spindrift Lane.
Community Services Director Bandy presented the staff memorandum of March
9, 1982 which summarized Council's direction to staff for the formation
of this district. Staff recommended the following: (1) Hold the public
hearing in accordance with Resol. No. 82-12; (2) Assuming that less than
a 50% protest is received, appoint the initial Board of Directors; and
(3) Adopt the resolution ordering the formation of the district.
There being no response to the Mayor's call for public testimony, she
declared the hearing closed.
Representing the Klondike Canyon Residents Protective Association was
Ludwig Zelt who presented that organization's candidates for the Board
of Directors: Monte Brower, Ludwig Zelt, John McCarthy and Jeffrey
Younggren.
Mayor Bacharach moved, seconded by Councilwoman Hein and carried to appoint
Councilman Dyda as the fifth member and the City's representative on this
Board of Directors.
Discussion then followed regarding the term of office for each of these
members and it was the concensus of Council that the terms should be
as follows: Councilman Dyda - 2 years; Monte Brower - 2 years;
Ludwig Zelt - 4 years; John McCarthy - 4 years; and Jeffrey Younggren -
4 years.
RESOLUTION NO. 82-17 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
ORDERING THE FORMATION OF THE KLONDIKE CANYON GEOLOGIC HAZARD ABATEMENT
DISTRICT was presented by title and ADOPTED on motion of Councilman Dyda,
seconded by Councilwoman Shaw and carried.
Councilman Dyda moved, seconded by Councilwoman Hein and carried to reopen
the public hearing to hear the protest of Naimma Shahin, 4335 Admirable
Drive, who stated her disagreement with the formation of this District.
Councilman Dyda moved, seconded by Councilwoman Hein and carried to accept
the protest from Mrs. Shahin.
Director Bandy reported that the protests submitted did not exceed 50% of
the assessed valuation of property within the district.
COUNCIL -2- MARCH 16, 1982
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WEED CONTROL (1701) Director Abel presented the
staff memorandum of March 16
which listed the proposals received for performing chemical weed control
at various locations throughout the City. Staff recommended that Council
authorize the Mayor and City Clerk to sign a contract with Spraying Services
for chemical weed control at various locations at a cost of $14,701.50
Council discussion then included comments about the previous budgets for
weed control, clarification of the City's overall program for weed abate-
ment, coordination between the Parks & Recreation weed abatement,
fire hazard abatement, the Public Works program, the effectiveness
of this chemical application, when the spraying would take place and if
there were alternative =methods of weed control.
Councilman Ryan. moved, seconded by Councilwoman Shaw to (1) authorize the
Mayor and City Clerk to sign a contract with Spraying Services for chemical
weed control at various location for a cost of $14,701.50 and (2) transfer
$15,000 from street repair (02-4404-070) to weed abatement (02-4404-081) .
The motion carried on the following roll call vote:
AYES: HEIN, RYAN, SHAW, DYDA & MAYOR BACHARACH
NOES: NONE
Council requested that on future transfer of funds that staff indicate
the accounts effected by the transfer.
BIKEWAY ENGINEERING SERVICES Director Abel presented the staff
CONTRACT (112) report of March 16, 1982 which
summarized Council's authorization
to staff to issue a Request for Proposal for bikeway engineering services.
Staff recommended that Council authorize the Mayor and City Clerk to
enter into a contract with Wayne T. VanWagoner and Associates to perform
engineering design services for bikeway segments on Palos Verdes Drive
South at a cost not to exceed $11,900
Council recommended that thei, design concept be reviewed by the 'Traffic
Committee before final approval is made.
Councilwoman Shaw moved, seconded by Councilwoman Hein to approve staff
recommendation and award the contract to Wayne T. VanWagoner for an amount
not to exceed $11,900. The motion carried on the following roll call vote:
AYES: HEIN, RYAN, SHAW, DYDA & MAYOR BACHARACH
NOES: NONE
HAZARD ELIMINATION SAFETY Director Abel presented the staff
PROJECT (1404) memorandum of March 16, 1982 which
summarized the applications
submitted to Caltrans for Hazard Elimination Safety funding for the coming
fiscal year. The Traffic Committee reviewed these projects and endorsed them
at their March 3, 1982 meeting.
Councilman DY da moved, seconded by Councilwoman Shaw and carried that Council
approve the revisions in the applications for HES funding.
UNDERGROUNDING OF ELECTRICAL Director Abel presented the March
AND COMMUNICATION FACILITIES 16, 1982 staff report which listed
AT CITY HALL (901 x 1109) the proposals sought for the design
of the City Hall Electrical Under-
grounding.. Staff recommended that Council authorize a contract with Eggett and
Helin Inc. for this undergrounding of electrical and communication facilities
at Cit y Hall for Part I at a cost not to exceed $6,000 and for Part II at a cost
not to exceed $7,000.
COUNCIL
-4- MARCH 16, 1982
Council then questioned if any reference checks had been made on the firm
of Eggett & Helin.
Mel Hughes, 28017 San Nicolas Drive, requested that the Council make it known
that not all communication facilities would be undergrounded; that only Edison
Co. equipment and telephone equipment would be undergrounded.
Councilwoman Shaw moved, seconded by. Councilwoman Hein and carried to table
this matter until the next meeting so staff could check on two references
for Eggett & Helin.
Councilwoman Shaw then moved, seconded by Councilman Dyda and carried that
when writing the proposal for this undergrounding that it be specific as to
what kind of facilities will be undergrounded.
REQUEST FOR TEMPORARY Director Abel presented the staff
PARKING ALONG PALOS VERDES memorandum of March 16, 1982 which
DRIVE SOUTH (1502) explained this request for temporary
parking along Palos Verdes Dr.
South. Staff recommended that Council permit this parallel parking for March 20
and 21 on Palos Verdes Drive South; that 112 feet north of the red zone at the
fire station and 143 feet in front of the Shell station be used for parking;
additionally, that a promotional car be permitted in the median strip on
March 20 and 21.
Council then questioned if these signs would be posted as temporary parking
zones, and the cost for installing these signs.
Councilwoman Shaw moved, seconded by Councilman Dyda to allow the additional
12 parking spaces to be posted as temporary parking for March 20 and 21 and allow
a promotional car to be parked in the median for those two days.
The applicant in this matter, Carmon Forster, 203 Seascape Road, then responded to
Council's questions about the signage for the promotion car.
It was the consensus of Council to divide the question of the 12 parking spaces and
the promotional car. Councilwoman Shaw's motion to allow parking for 12 additional
cars carried unanimously.
Councilwoman Shaw then moved, seconded by Councilman Ryan to allow the
car to be parked in the median with promotional signs. Councilman Ryan's
motion to call for the question died on a three - two vote with Councilmembers
Bacharach, Dyda and Hein voting in opposition. Councilman Dyda moved an amendment
to clarify that the signage on the promotional car will be a banner on the sides
and not extend beyond the roofline of the car. The amendment was seconded by
Councilman Ryan and carried. The main motion as amended carried unanimously.
(At 9:00 P.M. the City Attorney arrived.)
RECESS At 9:00 P.M. Mayor Bacharach
declared a brief recess. At 9:10
the meeting reconvened with the same
members present.
AUDIENCE QUESTIONS - Cable Television - Representing the P. V.
Radio Club was Mel Hughes who distributed
to the Council information dealing with cable television.
APPEAL OF GRADING APPLICATION Associate Planner Alice Angus presented
NO.
528 - APPLICANT/LANDOWNER - the staff report of March 16, 1982
VINKO JAKSIC. LOCATION - 2085 which presented an update on this
CHANDELEUR DR. (1801) project to grant an access easement
across an existing easement.
Council then questioned uestioned if this driveway would accommodate all types of
emergency vehicles, if cutting this driveway was the primary use of the
g y
land,
what is the slope on the front of the lot, and what percent of the lot
was in excess of a 35% slope.
COUNCIL
-5- MARCH 16, 1982
The appellant in this matter, Manuel Real, said that this proposed grading
was in excess of what was allowed by the Code; questioned if the staff report
covered what will happen with the support of the lot on the south side and
didn't address the question about the cut and the fill dirt which is supporting
the swimming pool.. Additionally, he questioned the engineer's statement about
the accessibility of emergency vehicles and the 1976 geology report.
Karlen Schepak, 2111 Chandeleur Drive, who lives adjacent to the Jaksic property,
explained the location of the proposed driveway in relation to her home and
said that a land fault goes directly through her house and that there has been
a great deal of slippage on her property. The fill area consists of shale and
portions of her house have to be raised every two years.
Representing the applicant in this matter was attorney Ronald Pass, 21515
Hawthorne Boulevard. He summarized the action taken on this matter so far
and said that an easement has been recorded, a title policy issued and
a negative declaration issued. He requested that the Council grant the
application.
The engineer for this project, Mr. J. E. Guzman, 1940 Irene Street, West
Covina, said that from the 1976 soils test submitted by Mr. Jaksic, he
had determined that they would not be cutting into the shale plains; that
they are asking for a 6 ft. retaining wall and this is not an uncommon
practice. Additionally, the bedding plains are dipping to the south and
would not effect the retaining walls to the north. Also, the swimming
pool was built according to City approved plans. He said the driveway
could be widened to allow adequate access for emergency vehicles.
In rebuttal, Mr. Real said that the slippage problem to Mrs. Schepak's
property occurred after the geology report was prepared in 1976.
Also protesting this proposed driveway was T. D. Cool, 2151 Chandeleur
Drive.
Council then discussed what rights a Certificate of Compliance gave a
property owner; if the City was satisfied that the evidence pertaining to
the easement across the lot was valid; if the grading application could be
granted since it is not the primary use of the lot; how Mr. Real's law suit
would affect the Council's ability to make a decision on this application;
and if all of the requirements granting access had been met.
Councilman Ryan moved, seconded by Councilwoman Hein to grant the appeal
for the following reasons: (1) because there is excessive grading that goes
beyond the 35% slope and destroys the natural contour of the land and (2)
it is not the primary use of the lot. The motion carried on a three - two
vote with Councilmembers Dyda and Shaw voting in opposition.
(At 10:25 P.M. the City Attorney was excused from the meeting.)
SOUTH COAST AIR QUALITY Councilman Ryan moved, seconded by
MANAGEMENT DISTRICT (101) Councilwoman Hein and carried to
support the local AQMD and the re-
allocation of funds and send a letter to interested legislators expressing this
support.
SOUTHERN CALIFORNIA RAPID After discussion of the March 1, 1982
TRANSIT DISTRICT (1505) letter from RTD District Director
Gordona Swanson, it was the consensus
of Council to support a grid system
for buses on the Peninsula.
LEGISLATION PERMITTING
BENEFIT ASSESSMENTS (901) Council referred to the staff memorandum
of March 10, 1982 which explained the
City's request to Assemblywoman Ryan's office to draft legislation giving
homeowners on private streets the ability to create special assessment districts
to fund maintenance and improvements.
COUNCIL -6- MARCH 16, 1982
Lee McGee, 34 Avenida Corona, told the Council that he had some concerns about
the language of this proposed bill.
Since Councilwoman Hein was planning on being in Sacramento the next day, it
was the consensus of Council that she should get together with Mr. McGee and
discuss these concerns so she could convey them to Assemblywoman Ryan.
LOS ANGELES COUNTY Councilman Ryan moved, seconded
TRANSPORTATION COMMISSION by Councilwoman Shaw to support
(306 x 1505) Mayor Bacharach's candidacy for
a seat on the Los Angeles County
Transportation Commission. The
motion carried unanimously.
CONTRACT BIDDING &
Referring to the present procedure
AWARD PROCESS (602) for opening bids, Councilman Dyda
moved, seconded.by Councilwoman
Hein to change the contract bidding and award process to have bids opened in
public at Council Regular Meetings or Adjourned Meetings.
Councilwoman Hein moved, seconded by Councilman Ryan to present a substitute
motion to open the contract management bids for Pt. Vicente, Clovercliff
and Hesse Park at the next Regular Council Meeting. The motion failed on a
two - two vote with Councilman Dyda abstaining.
The main motion to open the bids at Council meetings carried on a three - two
vote with Councilmembers Shaw and Bacharach voting in opposition.
NOTICES WITHIN THE LANDSLIDE After discussion of how property
MORATORIUM AREA (1801) owners are notified about the
time limit on the abandonment of
property, Councilman Dyda moved, seconded by Councilman Ryan and carried to
have staff review what might be an appropriate process to avoid the ambiguity
of abandoned property.
LEGISLATION (306) SB1575 - Councilwoman Hein moved
seconded by Councilman Dyda and carried
to oppose this bill. AB2344 - Councilman Ryan moved, seconded by Councilwoman Shaw
and carried to oppose this legislation. SB1626 - Councilman Dyda moved, seconded by
Councilwoman Hein and carried to oppose this bill.
SOUTH BAY JUVENILE Councilman Ryan moved, seconded
DIVERSION PROJECT (1705) by Mayor Bacharach to send a letter
in support of the Project seeking
funds under AB90. The motion carried unanimously.
EASTVIEW ANNEXATION City Manager Guluzzy reported that
a court date of March 31 had been
set for hearing this matter.
COUNCIL/CITY MANAGER BUDGET Councilman Ryan moved, seconded by
MEETING. Councilwoman Shaw and carried to
hold this meeting at the City Hall
conference room.
COUNCIL -7- MARCH 16, 1982
ITEMS REMOVED FROM THE CONSENT CALENDAR:
RESOL. NO. 82-19 - REGISTER OF ADOPTED RESOL. NO. 82-19 OF THE CITY
DEMANDS COUNCIL OF THE CITY OF RANCHO PALOS
VERDES ALLOWING CERTAIN CLAIMS AND
DEMANDS IN THE SUM OF $181,067.75,
DEMAND NUMBERS 1001 THROUGH 1121
AND 11131 on motion of Councilman
Dyda, seconded by Councilwoman Hein
and carried on the following roll call
vote:
AYES: HEIN, RYAN, SHAW, DYDA & MAYOR BACHARACH
NOES: NONE
RESOL. NO. 82-20 - SUPPLEMENTAL ADOPTED RESOL. NO. 82-20 OF THE CITY
REGISTER OF DEMANDS COUNCIL OF THE CITY OF RANCHO PALOS
VERDES ALLOWING CERTAIN CLAIMS AND
DEMANDS IN THE SUM OF $7,515.91,
DEMAND NUMBERS 1122 THROUGH 1147, 11132
AND 11133 on motion of Councilman Ryan,
Seconded by Councilwoman Shaw and
carried on the following roll call
vote: '
AYES: HEIN, RYAN, SHAW, DYDA & MAYOR BACHARACH
NOES: NONE
ADJOURNMENT At 11:25 P.M. Council adjourned to
Saturday, March 20 at 9:00 P.M. for
discussion of budget items. The motion
was made by Councilwoman Hein, seconded
by Councilwoman Shaw and carried.
PI' •
MAYOR
/jTYflERItJ
COUNCIL -8- MARCH 16, 1982