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CC MINS 19811215 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 15, 1981 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. Following the Pledge of Allegiance to the Flag, roll call was answered as follows: PRESENT: RYAN, HEIN, DYDA, & MAYOR BACHARACH LATE ARRIVAL: SHAW @ 7:38 P.M. Also present were City Manager Donald F. Guluzzy, Director of Public Works Carl Abel, Deputy Director of Roy Jorgensen & Associates Charles Abbott, Associate Civil Engineer Gordon Siebert, Director of Planning Sharon W. Hightower, City Attorney Patrick Coughlan, Director of Parks & Recreation Maynard Law, Administrative Assistant Julie Christensen, Administrative Services Director Kiti Laisure, and Deputy City Clerk Mary Jo Lof thus. APPROVAL OF AGENDA After addition of Bikepath Funds (Mayor Bacharach),mini blinds for the new City Hall, Portuguese Bend Club borings, and Ladera Linda Dedication (City Manager) , the amended agenda was approved on motion of Councilman Dyda, seconded by Councilwoman Hein and carried. WAIVER OF FULL READING OF Councilwoman Hein moved, seconded by Councilman ORDINANCES & RESOLUTIONS 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 the Council after the reading of the title unless specific request was made at that time for reading of such ordinance or resolution. 11 II # # If # # ,I 11 CONSENT CALENDAR After removal of the Customer Service Agreement with Bank of America, the remainder of the Consent Calendar was approved as follows on motion of Councilman Dyda, seconded by Council- man Ryan: RESOLUTION NO. 81-89 ADOPTED RESOLUTION NO. 81-89 OF THE CITY REGISTER OF DEMANDS COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $358,037.33, DEMAND NUMBERS 10670 THROUGH 10714. CONDITIONAL USE PERMIT NO. 37 Accepted the work as complete and released (HANNA-BARBERA'S MARINELAND) Faithful Performance .Bond No. 4326362. (1804) MONTEMALAGA RAISED MEDIAN Accepted the work as completed and released CONSTRUCTION Faithful Performance Bond No. YS818-9386. (1502) BERRY HILL UNDERGROUNDING (1) Set January 18, 1982 as the date for the DISTRICT NO. 3 final public,hearing. (2) Directed City Clerk (901) to file an assessment and diagram. (3) Directed the City Clerk to provide Notice of the Final Public Hearing according to the Streets & Highway Code. RESOLUTION NO. 81-90 - ADOPTED RESOLUTION NO. 81-90 OF THE CITY COUNCIL ROBERTI-Z'BERG OPEN SPACE OF THE CITY OF RANCHO PALOS VERDES APPROVING GRANT FUNDS THE APPLICATION FOR GRANT FUNDS UNDER THE (1201) ROBERTI-Z'BERG URBAN SPACE AND RECREATION PROGRAM (SB-174) . HAZARD ELIMINATION SAFETY Authorized staff to apply for four HES projects PROJECT APPLICATIONS FOR 1982 totaling $400,000. 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Councilman Dyda moved, seconded by Councilwoman Hein and carried to add to Page 3, Paragraph 8, Line 8, after the word "from" the following: "having the firm at City expense or with the City staff from. . . .". Additionally, that same paragraph was amended on motion of Councilman Dyda, seconded by Councilwoman Hein and carried by adding the following: "and further that such software and reporting forms shall be the sole and exclusive property of the City and may not be reproduced whatsoever by the firm, its customers or suppliers. Page 5, Paragraph 19, was amended by adding the following: "The Firm is to insure that archival copy of the data tape be maintained in a secure manner, or in the alternate, be delivered to the City and will be rotated through on a monthly basis." The motion was made by Councilman Dyda, seconded by Councilwoman Hein and carried. Councilwoman Hein moved, seconded by Councilwoman Shaw to adopt the staff recommendations. The motion carried on the following roll call vote: AYES: HEIN, RYAN, SHAW, DYDA & MAYOR BACHARACH NOES: NONE ABSENT: NONE PROPOSED CODE AMENDMENTS Director Hightower presented the December 15th (1801) staff memorandum which contained seven proposals for Council's consideration. Abating Minor Nonconforming Structures - After discussion of the necessity of such an ordinance and its enforcement, Councilman Dyda moved, seconded by Councilwoman Hein that staff should explore and make recommendation enabling replacement of minor nonconforming uses. The motion carried on a three-two vote with Councilmembers Shaw and Mayor Bacharach voting in opposition. Limitation of Electronic Machines, Arcades - Councilman Dyda moved, seconded by Councilwoman Hein and carried to adopt the staff recommendation that a code amendment not be initiated since current controls are sufficient. Permits for Geological Investigation - Council requested that the third paragraph, fourth line be amended to read: "a review of the plan of on-site. . . ." Councilman Dyda moved, seconded by Councilman Ryan and carried to proceed with this concept and authorize staff to draft an ordinance to be presented to the Planning Commission. Mobile Home Foundations/Mobile Home Parks - Councilman Dyda moved, seconded by Councilwoman Shaw and carried that pursuant to State Law, a code amendment be instituted to delete the exclusionary reference to mobile homes and to revise mobile home park standards. Commercial Condominiums - Councilman Dyda moved, seconded by Councilwoman Hein and carried that staff draft an ordinance to present to the Planning Commission. Low Power Television Stations & Commerical Antennas - Councilman Dyda moved, seconded by Councilwoman Hein and carried that staff identify the areas of concern and report back to Council. LEGISLATION PERMITTING MAINTENANCE Director Bandy presented the staff report of DISTRICTS FOR REPAIR OF PRIVATE December 4th which summarized the request of STREETS the La Vista Verde Estates Homeowners to the (306 x 808 x 901) City to initiate special state legislation that would permit formation of an assessment district for the purpose of repairing and maintaining private roads. Staff recommended that the Mayor be authorized to write Assemblywoman Ryan requesting her office prepare legislation which would permit homeowners residing on private streets to form assessment districts for the financing of maintenance and repair of such private streets. Representing the La Vista Verde Estates Homeowners was Lee McGee, 34 Avenida Corona, who spoke in favor of the staff recommendation and said that he would contact Assemblywoman Ryan's office and provide her with information for this legislation. Councilman Dyda moved, seconded by Councilman Ryan and carried to adopt the staff recommen- dation. CITY COUNCIL -3- 12/15/81 AMENDMENT TO RJA CONTRACT - Deputy Director Charles Abbott presented TRAFFIC ENGINEERING SERVICES the staff memorandum of November 17th PROJECT (1204 x 1404) which contained a summary of the tasks to be conducted and the expected results of the project. Staff recommended that the City Council authorize staff to proceed with this project by amending the RJA contract to include performance of the Traffic Engin- eering, Services grant funded project for an amount not to exceed $25,000. Further, staff will solicit proposals and recommend qualified contractors to the City Council to per- form the additional tasks of a sign inventory, specialized graphics, traffic counting, etc. These contracts are estimated to cost a maximum of $20,000. Councilman Dyda moved, seconded by Mayor Bacharach to adopt the staff recommendation with the condition that the total cost of the project shall not exceed $45,000. The motion carried on the following roll call vote: AYES: HEIN, RYAN, SHAW, DYDA & MAYOR BACHARACH NOES: NONE ABSENT: NONE RECESS At 9:05 P.M. Mayor Bacharach declared a recess. The meeting reconvened at 9:15 P.M. with the same members present. AUDIENCE QUESTIONS Robert Pelton, 2 Packet Road asked if the Agreement presented to Council a few weeks earlier had been approved. He said he was anxious to get the work done. Councilman Dyda moved, seconded by Councilwoman Hein and carried to consider this matter after the Audience Questions portion of the meeting. Mr. Tor Petterson, 4150 Palos Verdes Drive South, requested that Council consider allowing him to use part of the Rifle Range for agricultural purposes. Councilwoman Hein moved, seconded by Councilman Dyda that this suggestion be referred to the staff and Parks & Recreation Committee for their recommendation. After discussion of the appropriateness of sending this matter to the P & R Committee, Mayor Bacharach proposed an amendment, seconded by Councilman Ryan and carried to delete the Parks & Recreation Committee from the recommendation. The motion as amended carried. ENCROACHMENTS IN THE PUBLIC Mr. Pelton told the Council that he was RIGHT-OF-WAY (1804) concerned about the rainy season and would like to continue installing_the railroad ties and requested their approval so he could proceed with this project.- City Attorney Coughlan suggested that the agreement be amended to require that the encroachment be removed within 30 days if it was found to constitute a danger to the public safety and/or welfare, City shall notify Owner of such determination and who shall, at his own expense, remove such improvements. Owner further agrees to remove the improvements at his own expense in the event that City determines that the Right- of-Way is needed for road and/or drainage improvements. Councilwoman Shaw moved, seconded by Councilwoman Hein that the encroachment in the right-of-way be allowed with the completion of the agreement as amended by the City Attorney. Council then discussed the pros and cons of requiring this hold harmless clause, if the City has allowed any other encroachments, if residents with encroachments should also sign a hold harmless agreement, could the ties be installed in substantial con- formance with street standards for curbing at the edge of a paved road, and how much liability this project actually presented. CITY COUNCIL -4- 12/15/81 Councilman Ryan moved, seconded by Councilwoman Shaw to remove the hold harmless clause from the agreement. The motion carried on a three - two vote with Councilmembers Dyda and Hein voting in opposition. The main motion then carried unanimously. It was the consensus of Council that this would also apply to Mr. Baez at 4 Packet Road. The City Attorney recommended that the Council look carefully at other requests for right-of-way encroachments. Councilman Dyda moved, seconded by Councilwoman Hein to instruct the staff look at the liability being incurred by being on notice of other encroachments as a result of tonight's meeting.The motion died on a four - one vote with Councilmembers Hein, Ryan, Shaw and Mayor Bacharach voting in opposition. COUNCIL WORK SESSIONS TO DISCUSS Captain Dennis Emerson, Commander of the PEMS,REORGANIZATION AND SHERIFF'S Lomita Sheriff's Station told the Council CONTRACT he would meet with them in January to discuss (307 'x 1206) their concerns. It was the consensus of Council to meet on January 25th to discuss the Pavement Evaluation Management Study and reorganization. Depending on the League Cities meeting, Council decided to meet with Captain Emerson either on January 7th or January 14th. JANUARY 19th REGULAR Since some members of Council will be attending COUNCIL MEETING a meeting on the 19th, Councilwoman Shaw moved, seconded by Mayor Bacharach and carried to chang the date of the second regular meeting in January to the 18th. BIKEPATH FUNDS Referring to the City Manager's status report (112) of December 11th, Mayor Bacharach said she didn't feel that bike path funds should be used for the entrance to Point Vicente Park but should be used for its intended purpose. Councilman Dyda moved, seconded by Councilwoman Hein and carried that the bikepath funds be used for bike paths within the City that will provide the longest mileage of bike paths in the most needed areas. CLAIRE B. YARMUDIAN AGAINST Councilwoman Hein moved, seconded by Councilman THE CITY Ryan and carried to authorize the City Attorney (303) to defend the City in this matter. MINI BLINDS FOR THE The City Manager presented the staff report of CITY HALL EXPANSION December 15th requesting transfer of $1,200 (1109) from the Contingency Account 01-4409-093 to City Hall Modifications Account 30-4901-931 in order to purchase and install mini blinds since they were not included in the original estimates. Councilman Dyda moved, seconded by Councilwoman Shaw and carried to authorize staff to make this transfer. (At 10:20 P.M. the City Attorney was excused from the meeting.) LADERA LINDA DEDICATION Director Law told the Council that additional PLAQUE funds will be required to purchase an 18 x 20 (1201) bronze plaque which will list all of the City Council members, the City Manager and the date of dedication. The estimated cost of this plaque is $600. Councilman Ryan moved, seconded by Councilman Dyda and carried to approve an amount not to exceed $650 for the bronze plaque for the park dedication. This money to come out of the contingency fund. The motion carried on the following roll call vote: AYES: HEIN, RYAN, SHAW, DYDA & MAYOR BACHARACH NOES: NONE CITY COUNCIL -5- 12/15/81 KLONDIKE CANYON LANDSLIDE AREA - City Manager Guluzzy presented the staff PORTUGUESE BEND CLUB BORINGS report of December 14th requesting a Hold (1801) Harmless Clause to permit drilling of two additional borings in the beach area of tL Portuguese Bend Club. Council then discussed why these borings were being done on the beach, if these two additional holes were necessary in order to establish the Eastern boundary, and if the information presented was adequate to make this decision. Councilwoman Shaw moved, seconded by Councilman Ryan to have the City Attorney prepare a hold harmless agreement.The motion carried on ,a three - two vote with Councilmembers Hein and Dyda voting in opposition. # II ITEMS REMOVED FROM THE CONSENT CALENDAR BAMTRAC AGREEMENT Administrative Assistant Christensen (1504) presented the staff memorandum of December 15th which listed additions and deletions made to the agreement which had been presented to Council at the December 7th meeting. After Council discussion of several paragraphs of the proposed agreement, Councilwoman Shaw moved, seconded by Councilman Ryan and carried to place this matter on the next agenda. ADJOURNMENT At 11:15 P.M. Councilwoman Shaw moved, seconded by Councilman Ryan and carried tc. adjourn the meeting. L •- MAYOR ATTEST: DONALD F. GULUZZY, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL s'� CITY CLE' CITY COUNCIL -6- 12/15/81