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CC MINS 19800506MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MAY 6, 1980 The meeting was called to order at 7:35 P.M. by Mayor Hein at the Palos Verdes Unified School Building, 30942 Hawthorne Boulevard. After the Pledge of Allegiance to the Flag, roll call was answered as follows: AYES: RYAN, SHAW, BACHARACH, DYDA & MAYOR HEIN ABSENT: NONE Also present were City Attorney Patrick Coughlan, Acting City Manager Sharon Hightower, Administrative Assistant Julie Christensen,Director of Public Works Maynard Crowther, Parks & Recreation Director Maynard Law, Community Services Officer Tom Bandy, Adminis- trative Services Officer George Wunderlin and Deputy City Clerk Mary Jo Lofthus. CEREMONIAL MATTER City plaque in commendation of his term on the April 15, 1980. APPROVAL OF AGENDA Mayor Hein presented former Councilman Gunther Buerk with a proclamation and Council from September 7, 1973 through The following items were added to the agenda: Friendship Park (Ryan) , Environmental Committee (Bacharach), Minutes & Agenda Process (Bacharach), and Budget Work Sessions (City Manager). It was the consensus of the Council to place Item No. 21 after the adoption of the Consent Calendar and to place the Friendship Park matter under Continued Business. The agenda as amended was approved on motion of Councilwoman Shaw, seconded by Councilwoman Bacharach and unanimously carried. WAIVER OF FULL READING OF Councilman Dyda moved, seconded by ORDINANCES & RESOLUTIONS Councilman Ryan and carried to waive reading in full of all ordinances and resolutions adopted at this meeting with consent to the waiver of reading to be deemed to be given by all councilmembers after the reading of the title, unless specific re- quest was made at that time for the reading of such ordinance or resolution. CONSENT CALENDAR: on motion of Councilman MINUTES RESOL. NO. 80-36 REGISTER OF DEMANDS After removal of Item Nos. 5, 6, and 15, the Consent Calendar was approved Dyda, seconded by Councilman Ryan: Approved as presented the Minutes of April 15, 1980. ADOPTED RESOL. NO. 80-36 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND BERS 7705 THROUGH 7878. DEMANDS IN THE SUM OF $1,313,387.67, DEMAND NUM RESOL. NO. 80-37 RECITING THE FACTS OF THE SPECIAL ELECTION (501) APRIL, 1980, DECLARING THE RESULTS THEREOF AND LAW. RESOL. NO. 80-38 CITY SELECTION COMMITTEE (306) ADOPTED RESOL. NO. 80-37 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES RECITING THE FACTS OF THE SPECIAL ELECTION HELD IN SAID CITY OF RANCHO PALOS VERDES ON THE 29th DAY OF SUCH OTHER MATTERS AS ARE PROVIDED BY ADOPTED RESOL. NO. 80-38 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPOINTING A MEMBER AND ALTER- NATE MEMBER OF SAID COUNCIL TO THE CITY SELECTION COMMITTEE PURSUANT TO PART 3 OF DIVISION 10 OF THE PUBLIC UTILITIES CODE. CRENSHAW BLVD. REPAIR PROJECT (1404) Approved the work and authorized final payment to Frontier Concrete Construction Company. SEWER AGREEMENTS - VIA CANPESINA Approved the agreement with the pro - (1403) perty owners and authorized the Mayor to sign; directed the City Clerk to record. Additionally, approved the agreement with the City of Palos Verdes Estates and authorized the Mayor to sign; directed the City Clerk to forward to Palos Verdes Estates for completion. CUP NO. 30 - RELEASE OF HIGHWAY CONSTRUCTION BOND (1804) Released permit Bond No. 8055-26-09 issued by Federal Insurance Company in the amount of $7,425. TRACT NO. 32677 - Approved the work and released the RELEASE OF LANDSCAPING BONDS (1411) landscape and irrigation agreement and faithful performance bond. Follow- ing the expiration of the statute of limitations, and if no claims have been made to the City, the labor and materials bonds will be released. CLAIM OF M. E. DAKIN AGAINST Rejected the claim as provided in Gov - THE CITY (303) ernment Code Section 912.6. CLAIM OF ROBERT E. PELTON Rejected the claim as provided in Gov - AGAINST THE CITY (303) ernment Code Section 912.6. SECOND AMENDMENT TO PORTUGUESE BEND CLAIM (303) Denied the second amendment to the original claim as provided in Govern- ment Code Section 912.6. AGREEMENT WITH BOOK PUBLISHING Approved the addition of $1,000 to the COMPANY FOR CODIFICATION OF 1979-80 budget covering the codification ORDINANCES (1103) of the City's ordinances and authorized the Mayor to sign the contract with Book Publishing Company covering the codification of the City's ordinances. The motion to approve the amended Consent Calendar carried on the following roll call vote: AYES: RYAN, SHAW, BACHARACH, DYDA & MAYOR HEIN NOES: NONE PUBLIC HEARING: IMPROVEMENT DISTRICT NO. 3 Mayor Hein declared the public hearing BERRY HILL DIRVE UNDERGROUNDING open. The Clerk reported that notice (901) had been published and that the City was in receipt of fifty-four protest letters. City Attorney Coughlan and City Engineer Marvin Lowe proceeded with the required jurisdictional questions. The City Clerk read the names of residents in the proposed district who had filed a statement of protest with the City. The City Attorney then proceeded to explain how the public hearing would be conducted; described the process involved in the formation of the district, noting that if less than 50% of the property owners object to the district then the Council has the option of whether or not to form this district; if more than 50% object, then the district will not be formed. In response -to the City Attorney's inquiry, Mr.Lowe said that at the time the petition was circulated the estimated cost to each homeowner was $2,165.; now the cost is estimated to be $2,395.00. If the contract bid exceeds the estimate by 15%, then the City must noti- fy the property owners. Speaking in opposition were the following property owners: R. B. Fisher, 30238 Via Victoria, Laurin Williams, 30252 Via Victoria; Richard C. West, 7346 Berry Hill Drive; Bernard O'Brien, 30438 Via Cambron; Mark A. Hodgson, 30418 Via Cambron; Mrs. Lloyd Brown, 30228 Via Victoria; Nate Marcus, 7306 Via Marie Celeste; L. M. Stranyak, 30452 Via Rivera; Mary Ann Morrison, 7284 Berry Hill Drive; Richard D. Bates, 7293 Berry Hill Drive; CITY COUNCIL -2- May 6, 1980 Sharon Leake, 30459 Via Victoria; Lewis Leichter, 30454 Via Victoria; Verle Crook, 30451 Via Cambron; Phyllis Dowdell, 7349 Via Lorado; Barbara McCaw, 7305 Via Marie Celeste; Bill Koch, 30262 Via Victoria; Marilyn Schirino, 30128 Via Victoria; Barbara Schoenburg, 30448 Via Victoria (later in the meeting Mrs. Schoenburg submitted a letter in support of the district); and Harry Mahakian, 30310 Via Victoria. These people cited the high cost of installation, the number of people who had moved in and out of the area since the original petition had been signed, the length of time that has lapsed since the petition was first circulated, and whether the cost was being distributed equally. Speaking in favor of the district were the following property owners: Robert Clauser, 30210 Via Victoria; Frank Glaser, 30184 Via Rivera; Paul Nibarger, 7310 Via Marie Celeste; Tom Shaw, 30036 Via Borica and Judy Maizlish, 30202 Via Rivera. These speakers based their support on the fact that over 80% of the people canvassed were in favor of undergrounding, increased safety because the power lines were under- ground and the aesthetic value of undergrounding. Representing Southern California Edison Company was Area Manager Stu Avera,who ex- plained how the service will be connected to each residence. Councilman Dyda moved, seconded by Councilwoman Bacharach to permit one more round of rebuttals. The motion carried unanimously. Richard West, 7346 Berry Hill Drive, questioned if this improvement would cause a reassessment of his property under the provisions of Proposition 13. The City Engineer responded that he is not aware of any reassessment. In response to the City Attorney's call for additional property owners who wished to go on record as opposing this district were the following: Jack Berkey, 7327 Via Lorado and Robert Murrin, 7335 Via Lorado. In response to her question of how many people who signed the petition were still residents, Mrs. Morrison, 7284 Berry Hill Drive, was told that information is not available. Mark Hodgson, 30418 Via Cambron, said that when the petitions were first circulated, it was his understanding that the residents would still be able to vote on its final approval; it was his opinion that the cost will be higher than what the City Engineer quoted. Mr. Frank Glaser, 30184 Via Rivera, said he felt there was a sufficient number of residents in favor of the undergrounding. RECESS At 9:48 P.M. Mayor Hein declared a brief recess. The meeting reconvened at 10:05 P.M. with the same members present. City Engineer Lowe reported the percentage of protest, both written and oral, represent- ed 20.9% of the area of the district. Mayor Hein declared the public hearing closed. Councilman Dyda moved, seconded by Councilman Ryan that Council confirm the finding that the protest represents less than 25% of the total area of the proposed district. The motion carried unanimously. Councilman Dyda moved, seconded by Councilwoman Shaw to continue the Council discussion on this matter for 30 days and submit a mailer to all of the owners of record in the proposed district, with an explanation of the process and a tear sheet to return to the City indicating their preference. Council discussion then followed regarding past experiences with mailers, whether a short explanation of the undergrounding process would be adequate, what mailing list the City will use, who will pay for the cost of the mailing, and when will the mailer be sent out. The motion carried unanimously. MINUTES OF MARCH 18 & APRIL I presence at the start of that meeting. with Councilwoman Bacharach abstaining CITY COUNCIL Councilwoman Shaw moved, to strike her name from the roll call indicating her Mayor Hein seconded the motion and it carried . Councilman Dyda moved, seconded by Mayor Hein -3- May 6, 1980 that the record show that Councilwoman Shaw arrived at the meeting at 7:00 P.M. The motion carried with Councilwoman Bacharach abstaining. Councilwoman Shaw moved, seconded by Councilman Ryan to approve the minutes of March 18th and April 1st. The motion carried with Councilwoman Bacharach abstaining. LONG RANGE FINANCIAL PLAN City Manager Hightower presented the (602) staff memorandum of May 6, 1980 which outlined a proposal for preparation of a Long Range Financial Plan for the City. Staff recommended that Council authorize the distribution of this RFP. Councilman Dyda moved, seconded by Councilwoman Shaw to distribute the RFP for the Long Range Financial Plan. Council comments included if this should be delayed to see if Jarvis II is approved by the voters and if such a proposal should be prepared by staff. The motion carried unanimously. GRADING APPLICATION NO. 419 Citing the fact that his attorney was (1801) ill, the applicant Mr. Frank Parkes re- quested that this matter be delayed until the next meeting. Councilman Ryan so moved, seconded by Councilman Dyda and carried. FRIENDSHIP PARK (1201) Reminding Council of their earlier direction to request a public hearing be held by the County on this Park's development, Director Law briefed the Council on the most recent developments involving that park: the County did hold such a hearing and the schematic plans are now ready to be presented to the County Board of Supervisors for ap- proval. Residents of Rancho Palos Verdes whose property is very close to this park have complained about some of its features. With the use of drawings mounted for Council view- ing, Director Law pointed to the large picnic area close to the City boundary; it is an- ticipated that this may cause parking problems on Calle Aventura. Jay Loughrin, 2464 Rue Le Charlene, explained that the plans included building public restrooms 45 feet away from his neighbors' homes and cited the County's lack of coopera- tion in changing these plans to accommodate the concerns of the nearby residents. Councilman Ryan moved, seconded by Councilman Dyda to go on record asking the County to delay this development and authorize the Mayor to testify against proceeding on development of this park until there is a hearing on the concerns of the residents of Rancho Palos Verdes. With the permission of the maker and the second, Councilwoman Bacharach requested that the motion be amended to request delaying development of that portion of Friendship Park within the City of Rancho Palos Verdes. The motion as amended carried unanimously. Councilman Dyda moved, seconded by Councilwoman Bacharach to authorize staff to inves- tigate the potential of and requirements involved in abandoning that portion of Calle Aventura that projects to the bottom of the City. The motion carried unanimously. CHANGE IN AGENDA Since Ms. Dakin and Mr. Pelton were now present in the audience, Council- man Ryan moved to reopen the agenda. The motion was seconded by Mayor Hein and carried on a three - two vote with Councilmembers Dyda and Shaw voting in opposition. Councilman Ryan moved, seconded by Mayor Hein to hear the "Audience Questions" portion of the Agenda next. The motion carried unanimously. Robert Pelton, 38 Packet Road, inquired about the City's procedure in rejecting his claim. He was advised that it would be turned over to the City's insurance adjustor who will conduct an investigation of the matter. When the investigation is completed, he will then notify the City of his decision. Mr. Pelton explained what he felt were inadequacies in the drainage system on the inland side of Palos Verdes Drive South. Rudy Maus, 420 Mesa Road, Santa Monica, representing Ms. Dakin, inquired about the Govern- ment Code section governing the time limitations on his client's claim. RESOL. NO. 80-39 DIAL -A -RIDE (1201) CITY COUNCIL Councilwoman Bacharach referred to her April 25, 1980 letter to Rolling Hills Estates City Manager Harry Peacock. -4- May 6, 1980 i Council then proceeded to discuss the provisions of the proposed resolution and it was the consensus to change the fourth paragraph of Section 1. as follows: "The price of a one-way ticket shall not exceed $1.00 without further review by the City of Rancho Palos Verdes." RESOLUTION NO. 80-39 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF ROLLING HILLS ESTATES APPOINTING THE CITY OF ROLLING HILLS ESTATES AS THE LEAD AGENCY IN APPLYING FOR AN ARTICLE 4.5 COMMUNITY LEVEL TRANSIT CLAIM FOR PROVIDING A COMMUNITY LEVEL TRANSIT PROGRAM FOR SENIOR/HANDICAPPED CITIZENS RESIDING IN THE CITY OF RANCHO PALOS VERDES was read by title and ADOPTED AS AMENDED on motion of Councilman Dyda, seconded by Councilwoman Bacharach and unanimously carried. COUNCIL COMMITTEES & SUBCOMMITTEE Mayor Hein distributed a list of the APPOINTMENTS (306) Council committee & subcommittee appoint- ments. Councilman Ryan moved, seconded by Councilwoman Shaw to adopt the Mayor's recommendations regarding these committees. The motion carried unanimously. Mayor Hein moved, seconded by Councilman Dyda that the Council meet with the Planning Commission twice and the Parks & Recreation Committee and the Traffic Committee on a rotating basis on the fifth Tuesday of the month. The motion carried unanimously. REQUEST FROM THE LEAGUE OF WOMEN VOTERS RECESS MIRALESTE DRAIN - ROBERT FILLERS (604) channel located at the end of his property. HOUSING PROVISIONS IN COMMERCIAL DEVELOPMENTS (1203) Mayor Hein moved, seconded by Council- woman Shaw to place this item on the May 20th agenda. The motion carried unanimously. At 12:00 A.M. Mayor Hein declared a brief recess. At 12:05 A.M. the meeting reconvened. Mr. Robert Fillers, 20101 Miraleste Drive, gave a slide presentation showing the effects of recent flooding in a drainage Councilman Ryan presented his suggested policy for commercial support housing and briefly explained how this program could be developed in the City. He then moved, seconded by Councilman Dyda to refer this matter to the Planning Commission for their consideration and recommendation to the Council within a reasonable period of time. The motion carried unanimously. ROTATION POLICY FOR MAYOR & Councilman Ryan distributed copies of MAYOR PRO TEM (306) his recommendation on a rotation policy for mayor and mayor pro tem. He re- quested that Council examine this policy and present their comments the first meeting in June. Councilwoman Shaw so moved, seconded by Councilman Dyda and unanimously carried. BFI RATE INCREASE & SOLID WASTE MANAGEMENT (1402) closing at the end collection centers Since they are so closely allied, it was the consensus of Council to combine Item Nos. 26 and 27. With the landfill of the year, Councilman Dyda suggested a program of establishing at commercial areas on the Peninsula. This would reduce the number of weekly pick-ups. These collection/re-cycle centers could also generate income for various non-profit organizations such as the Chamber of Commerce, who is attempting to establish a transportation system between commercial areas on the Peninsula. He stated that it was his intention to make this recommendation to the Chamber of Commerce. Councilwoman Shaw moved, seconded by Mayor Hein to endorse Councilman Dyda's recommenda- tion. The motion carried 'unanimously. HR5200 - FAIR HOUSING Mayor Hein moved, seconded by Council - AMENDMENTS (1203) man Ryan to direct the Mayor, with the help of the City Attorney, to vigorously oppose this legislation on the basis of Federal intervention into local land use planning. The motion carried unanimously. Council's comments included finding out what the League's position is on this legis- lation, sending a letter to Congressional representatives Anderson, Dornan and Wilson CITY COUNCIL -5- May 6, 1980 and also send a thank -you letter to Congressmen John Wydler and Ronald M. Mottl. ABALONE COVE BEACH PARKING LOT Referring to the April 17, 1980 (1201) letter from the West Portuguese Bend Community Association, Councilwoman Shaw inquired if the Council wishes to support expansion of the beach parking lot. Council discussion then centered on the apparent success of the dewatering effort in this area, if the County should continue to run the park and collect the revenue, and whether Supervisor Burke had adequately responded to the concerns expressed by the City. Councilman Ryan moved, seconded by Councilman Dyda to form a committee of two members of the Council (Dyda & Hein) , two members of the Parks & Recreation Committee, the Director of Parks & Recreation and the City Manager to immediately prepare a pre- liminary plan and outline the feasibility of acquiring the Abalone Cove Beach Park by the City of Rancho Palos Verdes. This report is to be ready for presentation to the Council prior to the Contract Cities meeting in Palm Springs. The motion carried un- animously. CHANGE IN AGENDA Since the matter to be discussed in Executive Session could be postponed until after the next meeting, Councilman Ryan moved, seconded by Councilman Dyda and carried unanimously to excuse the City Attorney. The time was 1:15 A.M. ABALONE COVE PARK BEACH Councilman Dyda moved, seconded by Mayor Hein to consider the plan for acquisition of this beach at a Regular Adjourned meeting on Wednesday May 14th at 6:00 P.M. The motion carried unanimously. ENVIRONMENTAL COMMITTEE Citing the fact that there have been (1205) changes in the law and there are fewer EIR's to process, Councilwoman Bacharach moved, seconded by Councilwoman Shaw that the Council not appoint new members to the Environmental Committee at the May 20th meeting, state its intention to eliminate the Environmental Committee, request that the members serve until new procedures are approved, request staff to report back with those pro- cedures and notify the Committee members that they can change their applications to indicate a preference for other committees. Councilman Dyda moved, seconded by Councilman Ryan, to amend the motion to request that the Environmental Committee continue until the EIR that they are currently processing is completed. The amendment carried unanimously. The main motion as amended carried unanimously. MINUTES & AGENDA PROCESS Councilwoman Bacharach requested that this item be placed on the next agenda. WORD PROCESSING EQUIPMENT Councilman Dyda moved, seconded by (302) Councilwoman Bacharach to approve the staff recommendation to cancel the lease on the Mag Card II and authorize the purchase of a new standard electric typewriter. The motion carried on the following roll call vote: AYES: RYAN, SHAW, BACHARACH, DYDA & MAYOR HEIN NOES: NONE REPLACEMENT OF CALCULATOR Councilman Ryan moved, seconded by (302) Councilwoman Shaw to authorize the capital expenditure of $396.54 to cover the cost of a new Monroe Model 2830 calculator. The motion carried on the following roll call vote: AYES: NOES BUDGET WORK SESSIONS May 22nd, 27th and 29th. CITY COUNCIL RYAN, SHAW, BACHARACH, DYDA & MAYOR HEIN NONE 11 It was the consensus of Council to schedule budget work sessions for -6- May 6, 1980 ITEMS REMOVED FROM THE CONSENT CALENDAR: PROPOSED PEDESTRIAN WALKWAY Mayor Hein's motion to put this item (1404) in the budget process in terms of the overall trails process failed for lack of a second. Councilman Dyda moved, seconded by Councilwoman Bacharach to approve the staff recommendation to prepare a cost benefit report on the walkway for consideration by Council at their budget work sessions. The motion carried on a four - one vote with Mayor Hein voting in opposition. TRACT NO. 31617 In response to Council's inquiry, STORM DRAIN EASEMENT (1411) Director Crowther responded that the easement requested was only a small triangular section which formed a part of a larger drainage easement that has already been granted. Granting of the requested easement will correct an administrative error and will not have any effect on drainage problems or the existing bonding in the Presley tract. Director Crowther further reported that a drainage report on Deadman's and Barkentine Canyon has been received from the County Engineer and will be transmitted to Council with a staff report. Councilman Dyda moved, seconded by Councilwoman Bacharach to accept the easement and direct the City Clerk to record. The motion carried unanimously. POINT VICENTE PARK - APPROVAL OF After discussion and viewing of these SCHEMATIC PLANS (1201) plans,Councilman Dyda moved, seconded by Councilwoman Bacharach to approve the schematic plan for Point Vicente Park and authorize staff to proceed with construction drawings for Phase 1 of Area 4 and Phase 1 of Area 1 modified to be bounded on the westerly portion by the road leading to the parking lot and a southeasterly extension of that to an easterly boundary to Area 1. Phase 1, Area 4 to be modified to include road and parking area on the southeasterly portion of that parcel if easement from the Coast Guard can be resolved. The motion carried unanimously. ADJOURNMENT SHARON W. HIGHTOWER, ACTING CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL CITY COUNCIL At 2:00 A.M. Councilman Ryan moved to adjourn to Wednesday, May 14th at 6:00 P.M. -7- May 6, 1980