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CC MINS 19780620 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JUNE 20, 1978 The meeting was called to order at 7:35 p.m. by Mayor Ken Dyda 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, BUERK, SHAW, HEIN AND MAYOR DYDA Also present were Acting City Attorney Steve Dorsey, City Manager Leonard G. Wood, Director of Planning Sharon W. Hightower, Acting Director of Public Works Joel Aroyo, Administrative Services Officer George Wunderlin and Deputy City Clerk Mary Jo Lofthus. CEREMONIAL MATTER: Mayor Dyda presented commemorative resolu- (304) tions to Jim Lee and Dave Diestel for the commitment in serving on the City's Traffic Committee. Earle Hendricks was also commended for his commitment and civic ded- ication as a member of the City's First Parks and Recreation Committee. Joyce Watt as presented with a resolution in appreciation for her service to the com- munity in the capacity of member and chairwoman of the Environmental Committee. APPROVAL OF AGENDA After deletion of Legislation (No. 5) and addition of Abalone Cove (Ryan) and Height Ordinance (Mayor Dyda) , the amended Agenda was approved on motion of Councilman Buerk, seconded by Councilwoman Shaw. The motion carried unanimously. WAIVER OF FULL READING OF Councilman Ryan moved, seconded by Council- ORDINANCES AND RESOLUTIONS woman Shaw, 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 members of Council after the reading of the title, unless specific request was made at that time for the reading of such ordinance or resolution. The motion carried unanimously. ORDINANCE NO. 98 ORDINANCE NO. 98 OF THE CITY OF RANCHO ANIMAL CONTROL PALOS VERDES CONCERNING ANIMAL CONTROL (104) AND AMENDING THE RANCHO PALOS VERDES MUNI- CIPAL CODE was read by title, first reading having been given June 7, 1978. It was moved by Councilman Ryan, seconded by Councilwoman Shaw to ADOPT ORDINANCE NO. 98. The motion carried unanimously. ORDINANCE NO. 100U Administrative Services Officer Wunderlin CABLE TELEVISION presented the staff report of June 15, 1978 FRANCHISE which summarized the background of this pro- (605) posed ordinance. The issues to be decided by Council concerned regulation of rates, service, and handling of subscriber complaints. In response to Council's inquiry, the City Attorney said that this ordinance could be adopted on an urgency basis. In discussion between members of Council, opinions were expressed with regard to City involvement in rate control and whether it would be advisable to seek proposals from other cable television companies. Further discussion ensued regarding the definition of a Cable Television System, and the penalties that should be enforced for interruption of service. Melvin W. Hughes, 28017 San Nicolas, distributed to the Council the definition prescribed by the FCC for cable television systems. Additionally, he distributed copies of an Information Bulletin also prepared by the FCC dealing with Cable Tele- vision. 879 Mayor Dyda noted the receipt of a letter from Arthur V. Sommer, 31206 Marne Drive, dated June 19, 1978. This letter told about Mr. Sommers' difficulty in getting response to his service call. This letter is on file with the City Clerk. Mayor Dyda inquired if there was anybody else in the audience who wished to speak about this ordinance. There was no response. The Mayor explained that Council would discuss each section of the ordinance for which concern was expressed. Section 2. Definitions. On motion of Mayor Dyda, seconded by Council- woman Shaw, this section was modified to be con- sistent with the rules and regulations of the FCC and would now read as follows: B. "Cable Television System." A nonbroadcast facility con- sisting of a set of transmission paths and associated signal gen- eration, reception, and control equipment, under common ownership and control, that distributes or is designed to distribute to sub- scribers the signals of one or more television broadcast stations, but such term shall not include any such facility that serves or will serve only subscribers in one or more multiple unit dwellings under common ownership, control or management. The motion carried unanimously. Section 8. Application for Franchise. Council then discussed whether or not the City should announce that it was seeking proposals for cable television service within the City. Councilman Buerk moved to delete Section 8. The motion was seconded by Council- man Ryan. After more deliberation of ways and means the City should solicit proposals from additional companies; and what those proposals should outline, the maker with the consent of the second, moved to modify Section 8 Application for Franchise, as follows: "Any person desiring a franchise or license for a cable television system shall file a proposal which follows the conditions of the City's Request for Proposal." The motion and amendment failed on the following roll call vote: AYES: BUERK NOES: RYAN, SHAW, HEIN & MAYOR DYDA Section 9. Contents of Application. Councilman Ryan moved to add the following provision to this section: "Any additional requirements that the City shall determine to be applicable." The motion was seconded by Councilwoman Hein and carried unanimously. (This mo- tion became Subparagraph "M".) Section 9. Contents of Application. Councilman Buerk moved to amend this (Subparagraph "I") section to read: "Proposed rates and charges to be charged subscribers of the mechanism to adjust such rates for inflation." The motion failed for lack of a second. Council then discussed Exhibit "B" of the agenda package which proposed another alternative for implementation of rate charges. Section 23. Regulation of Rates Councilman Ryan moved, seconded by Council- and Services. woman Shaw to modify Exhibit "B" as follows: A. Rates The Franchisee shall notify the City Clerk in writing of any rate or charge increase(s) . The Council shall have the right to re- quest detailed back-up data supporting the increases and to dis- approve or revoke such increases that it deems excessive and/or improper. Such disapproval, or revocation, shall be transmitted in writing to the Franchisee within 90 days following the effective Council Meeting 880 6/20/78 date of the increase. If the Council does not act on the increase in rates or charges within the allotted time frame, the proposed increase(s) will re- main in effect. Resolution of any disapproved rate or charge increase(s) shall be accomplished by negotiations between representatives appointed by the City Council and representatives of the Franchisee. Subscribers shall be notified of any change in subscribers rates and/or charges and the date of City Council public hearing on changes in rates and/or charges, in writing, not more than 90 days and not less than 45 days before the changes will become permanent, unless disapproved or revoked by the City Council. The Franchisee may not institute rate or charge increases for eight- een (18) calendar months following notification to the City of the previous rate increase. The Franchisee, upon demonstration of urgency, may at any time petition the City Council for a waiver of the 18 month time period. The foregoing procedure for the increase of rates and charges shall be exercised in accordance with, and only insofar as permitted by, applicable FCC rules and regulations. The motion carried on the folloiwng roll call vote: AYES: RYAN, SHAW, HEIN AND MAYOR DYDA NOES: BUERK Council discussion then centered on rebates for subscribers whose service had been interrupted. Section 24. Subscriber Complaints. Councilwoman Hein moved, seconded by Council- man Ryan, to add an additional paragraph to this section as follows: "The Grantee shall credit or refund to the subscriber an amount equal to 5% of the total monthly service charge for each day's service in- terrupted whenever service is not provided for a period of twenty-four (24) hours, beginning from the time such outage is reported to the Grantee, except when such outage is caused by circumstances outside the Grantee's control such as fire, earthquake, riot and other similar circumstances." The motion carried unanimously. Councilman Ryan moved, seconded by Mayor Dyda that the following provision be added to this section: "A subscriber bill of rights approved by the City shall be provided to each subscriber by the Franchisee provided initially and with each II/ change in rate and/or charge thereafter." The motion carried unanimously. Section 29. Franchise Fee. Mayor Dyda moved, seconded by Councilman Ryan that an additional provision (Section F. ) be added to this section. The addition would read as follows: "At the granting of the franchise, a reserve fund, to be earmarked for a potential future rate review, shall be established. At such time when the amount is reached, the franchise fee to the City shall be waived and an appropriate reduction to the subscribers shall be effective." Discussion then followed on how this rate reduction would be enforced and how much administration effort would be required by the City. With the permission of the second, Councilman Ryan amended the motion as follows: " a potential future rate review and other expenses incidental Council Meeting 881 6/20/78 to the administration of the franchise. . ." The amended motion carried on the following roll call vote: AYES: RYAN, SHAW, HEIN & MAYOR DYDA NOES: BUERK Section 37. Term of Franchise. Councilman Buerk moved, seconded by Council- man Ryan, that subparagraph A and B of this section be modified to indicate the term of the franchise as five years and ap- plication for renewal of the franchise should be made the first day of the fourth year of the term of the Franchise, or any subsequently renewed franchise. The motion carried unanimously. Councilman Ryan moved, seconded by Councilwoman Shaw to ADOPT ORDINANCE NO. 100U - AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES PROVIDING TERMS & CONDITIONS TO BE INCLUDED IN CABLE TELEVISION SYSTEM FRANCHISES HEREINAFTER GRANTED BY THE CITY OF RANCHO PALOS VERDES AND DECLARING THE URGENCY THEREOF. The motion carried on the following roll call vote: AYES: RYAN, SHAW, HEIN, & MAYOR DYDA NOES: BUERK ORDINANCE NO. 100 OF THE CITY OF RANCHO PALOS VERDES PROVIDING TERMS AND CONDI- TIONS TO BE INCLUDED IN CABLE TELEVISION SYSTEM FRANCHISES HEREINAFTER GRANTED BY THE CITY OF RANCHO PALOS VERDES was read by title. It was moved by Council- woman Shaw, seconded by Councilman Ryan that further reading be waived and the ordi- nance be passed to a second reading. The motion carried on the following roll call vote: AYES: RYAN, SHAW, HEIN & MAYOR DYDA NOES: BUERK RECESS At 9:45 p.m. Mayor Dyda declared a brief recess. At 9:55 the meeting reconvened with the same members present. It was the consensus of Council that Item No. 6 (Ralphs Supermarket)-be discussed after the Written Communications portion of the agenda. TRACT NO. 33358 - LETTER FROM ST. Director Hightower summarized the staff PETERS BY THE SEA CHURCH report of June 20, 1978, which noted the (1411) conditions of approval for this tract. One of the major concerns was the parking problem that would result when the Church could no longer use the property on which this tract was to be built. As a result of that concern, Council directed the parties involved to meet and work out a solution. As a result of that meeting, an agreement was drawn up setting conditions for the access improvements be made, and who would be responsible for making them. The City was not a party to this agreement. The matter now before the Council was_a request that the City provide a median design for Palos Verdes Drive South. It was staff's determination that the City was not obligated to provide design plans, but rather review and approve plans submitted by the developer. Staff recommended the Council find that the design work for this median cross- over be the responsibility of the developer and/or the church, since the City was not a party to the agreement, nor had the Council formally approved the agreement. Discussion then followed regarding the design for this crossover median, the grading that would be necessary, and the approximate cost. Since it was the general consensus that even though the City was not a party to this agreement, the City should provide any applicable standards for such road design work to St. Peters by the Sea Church and to Mercury Enterprise, or who- ever would do the actual design of the crossover. Councilman Buerk so moved. The motion was seconded by Councilman Ryan and carried unanimously. (Later, this motion was withdrawn. ) 882 Council Meeting 6/20/78 Since Councilwoman Hein was not present at the public hearing approving this ten- tative tract, she asked the City Attorney if she could vote on this issue. He responded that she could vote. Mr. Keith Martin, representing St. Peters, told the Council that the cost of de- signing the crossover to the County Plans was very high and requested that the City work with the Church in an effort to reduce these costs. After discussion of what standards would be used for design of this crossover, Councilman Ryan moved to table this item until the next Council meeting and re- quested that the staff review the area and present an appropriate design. The motion was seconded by Councilman Buerk and carried unanimously. Mayor Dyda asked if there was a representative from Mercury Enterprises in the audience. There was no response. TRACT NO. 33358 - REQUEST FROM Director Hightower summarized the staff MERCURY ENTERPRISES report of June 20, 1978 which contained (1411) the requests for overtime pay to City (County) engineer to check the final map and allow grading and utility installation prior to approval of the final map. Councilman Ryan moved to accept the staff recommendation and deny the request for overtime. The motion was seconded by Councilwoman Shaw. Discussion then followed with the opinion being expressed that permitting this overtime, which the developer would pay for, would reduce the overall backlog now existing with these tracts. The motion to accept staff's recommendation carried on the following roll call vote: AYES: SHAW, HEIN & MAYOR DYDA NOES: RYAN AND BUERK Councilman Ryan moved to approve the request to allow grading and utility instal- lation prior to approval of the final map. The motion was seconded by Council- man Buerk. Mayor Dyda moved to amend the motion to permit grading and utility installation only on the submission and approval of the final grading plan. The amendment was seconded by Councilwoman Hein and carried on the following roll call vote: AYES: RYAN, SHAW, HEIN & MAYOR DYDA NOES: BUERK Councilman Ryan's main motion to approve the request to allow grading and utility installation prior to approval of the final map carried on the following roll call vote: AYES: RYAN, BUERK, SHAW,& MAYOR DYDA NOES: HEIN Council requested staff to prepare a flow chart on the progress of these tentative tracts when they are brought before Council. RALPHS SUPERMARKET DEVELOPMENT City Manager Wood presented the staff mem- (1503) orandum of June 9, 1978 and the Traffic Committee's recommendation of June 1, 1978. The City Manager told the Council that new data had been presented by the applicant's en- gineers, which was not available to the Traffic Committee when their recommendation was made. Councilwoman Hein moved to send this new data back to the Traffic Committee for review and comment and perhaps revised recommendations to the City Council. The motion was seconded by Councilwoman Shaw and carried unanimously. ABALONE COVE Councilman Ryan said that he and the City (109) Manager had met with the County Department of Beaches regarding the impasse with the Coastal Commission on the parking problem at Abalone Cove. He suggested a meeting between staff and the Department of Beaches to explore a joint program in pro- viding parking. 883 Council Meeting 2 7 g 6/ 0/ 8 Councilman Ryan moved to instruct staff to work with the County Department of Beaches and report back to Council with alternative approaches for the parking problem at Abalone Cove. The motion carried unanimously. HEIGHT ORDINANCE Mayor Dyda told the Council about the (1801) meeting of the subcommittee, staff member and the chairman of the Planning Commission with the City Attorney and their efforts to clarify the wording of this proposed amendment with respect to "View" and "Vista." Additionally, they attempted to draw up a code that could be applied uniformly. As a result of that meeting, the subcommittee on Height Variation Revisions had prepared the report of June 20, 1978 on possible code revisions which was presented to Council. For the record, the Mayor stated that it has always been the City Attorney's opin- ion that the City could not grant view protection for a specific individual be- cause it would be difficult to establish that it benefited the City at large. However, the position of the Council has been that since the topography of the City is such that this specific type of protection benefits the vast majority of the City it is appropriate. That the ordinance is not intended for the preser- vation of the rights of only one individual as opposed to another, but rather cumulatively to the City at large. That is the basis and authority on which the City continues to pursue a view ordinance. Council then discussed the time spent on the development of this ordinance; the procedure to be followed on the adoption of the subcommittee's recommendation; and whether or not this recommendation should be adopted at this meeting. The suggestion was made to delay consideration until the next Regular Council meeting. Councilwoman Shaw moved to initiate a code amendment to Section No. 9113 (height variation) . The motion was seconded by Mayor Dyda and carried on the following roll call vote: AYES: RYAN, SHAW, HEIN AND MAYOR DYDA NOES: BUERK The first sentence of the subcommittee's report of June 20 was amended to read as follows: "On June 9, the Subcommittee, Gary Weber of staff, Mel Hughes of the Planning Commission, City Attorney Patrick Coughlin and Mr. Thorsen, a member of the. public. . ." Council requested this matter be placed on the agenda for the next Regular City Council Meeting. AUDIENCE QUESTIONS Mr. Robert Keffert, representing the Rancho Palos Verdes Amateur Radio Association, asked the Council what was the current status of the antenna ordinance; when and where the subcommittee would be meeting; how groups could be informed of these meetings and whether or not they were open to the public. Councilman Ryan responded that he and Councilwoman Hein had met at great length to discuss the matter of antennas. It was their intention to hold a public hearing. Discussion then centered around whether or not subcommittee meetings should be noticed for public participation. However, concern was voiced about the fact that possible matters of pending litigation would be discussed and, also, because it was not always possible for these meetings to be planned far enough in advance to allow public notice. Councilman Buerk moved, seconded by Councilwoman Hein, that subcommittee meetings be generally open to the public unless specific legal issues were being discussed. The motion failed on the following roll call vote: AYES: BUERK NOES: RYAN, SHAW, HEIN & MAYOR DYDA # # # # # CONSENT CALENDAR After removal of the Minutes of June 6, and June 13 and Item No. 14 (Application to Present Late Claim of Kaye Vahan, Jr. and Roxanne Vahan) , the amended consent calendar was approved as follows on motion of Councilwoman Shaw, seconded by Councilwoman Hein: Council Meeting 884 6/20/78 MINUTES Approved as presented the Minutes of May 25, May 30 and June 7. REGISTER OF DEMANDS ADOPTED RESOLUTION NO. 78-42 OF THE CITY RESOLUTION NO. 78-42 COUNCIL OF THE CITY OF RANCHO PALOS VERDES (1504) ALLOWING CERTINA CLAIMS AND DEMANDS IN THE SUM OF $223,141.30, DEMAND NUMBERS 4995 THROUGH 5064. TRAFFIC SIGNAL MAINTENANCE CONTRACT Approved the traffic signal maintenance (1503) contract with Superior Signal Service. TRACT NO. 32673 Approved the work completed as required by (Acceptance of Sewers) the Sanitary Sewer agreement and released (1411) the faithful performance bond under Private Contract No. 76-3. TRACT NO. 32673 Accepted work for traffic signal modification (Acceptance of Traffic Signal at Hawthorne Boulevard and Dupre Drive and Modification) authorized payment to Smith Electric Supply (1411) for the sum of $12,116.70. TRACT NO. 32991 Approved six month extension for tentative (Request for Extension) Tract No. 32991. (1411) SIDEWALK REPAIR PROJECT Authorized staff to advertise for the side- (1407) walk repair project for bids. PLANNING COMMISSION CONFERENCE Received and filed the June 20, 1978 communi- & MEETING BUDGET cation from the Planning Commission regarding (1203) conference and meeting bedget. CAPITAL FACILITIES PROGRAM Received and filed the Planning Commission's REPORT June 20, 1978 communication containing the (1203) list of public works for fiscal year 1978-79. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: BUERK, HEIN, RYAN, SHAW & MAYOR DYDA NOES: none # # # # # ITEMS REMOVED FROM THE CONSENT CALENDAR: MINUTES OF JUNE 6, 1978 Mayor Dyda moved, seconded by Councilman Page 5, Selection of Landscape Buerk, to delete in its entirety the third Architect paragraph from the end. The motion carried 11/ unanimously. The minutes were approved as amended on motion of Mayor Dyda, seconded by Councilwoman Shaw. The motion carried unanimously. MINUTES OF JUNE 13, 1978 Councilman Buerk requested that his original Page 2, Cable Television Franchise motion be written into the minutes. It was the consensus of Council to defer approval on the minutes of June 13 until the next Regular Council Meeting. Application for On motion of Councilman Ryan, seconded by LATE CLAIMS OF KAYE & Councilman Buerk, Council denied the appli- ROXANNE VAHAN cation to present late claims of Kaye Vahan, (303) Jr. and Roxanne Vahan. The motion carried unanimously. # # # # # RECESS TO EXECUTIVE SESSION At 12:00 a.m. Councilman Ryan moved to re- cess to executive session to discuss pending litigation. The motion was seconded by Councilwoman Hein and carried unanimously. Council Meeting 885 6/20/78 Council reconvened at 12:40 a.m. on motion of Councilman Buerk, seconded by Council- man Ryan. The motion carried unanimously. SALES TAX Councilman Buerk moved, seconded by Council- (1501) woman Shaw, to authorize the City Attorney to prepare the necessary documents for a lawsuit on the Sales Tax distribution. The motion carried unanimously. ADJOURNMENT At 12:41 a.m. Councilman Buerk moved, sec- onded by Councilman Ryan to adjourn the meeting. The motion carried unanimously. Alf � ' /A k> if MA OR LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL Adied z4)10,AiraridAi / 4er IT C 886 Council Meeting 6/20/78