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RDA MINS 19871217 ADJ MINUTES RANCHO PALOS VERDES REDEVELOPMENT AGENCY ADJOURNED REGULAR MEETING DECEMBER 17, 1987 The meeting was called to order at 7:37 P.M. by Member Ryan. F PRESENT: BACHARACH, McTAGGART, HINCHLIFFE, HUGHES AND MEMBER RYAN LATE ARRIVAL: HINCHLIFFE (7:45 P.M. ) Also present were Executive Director Dennis McDuffie, Finance Director Kevin Smith, Agency Attorneys Quinn Barrow and Steve Dorsey, Director of Environmental Services Robert Benard, Agency Secretary Jo Purcell, and Public Works Director George Wentz. APPOINTMENT OF CHAIRMAN AND Agency Attorney Dorsey reported that VICE CHAIRMAN (106 X 306) he had reviewed the by-laws of the agency and there was no requirement that the Mayor would have to serve as the chairman of the agency. Citing the fact that Member Ryan had a conflict of interest, the attorney stated it was appropriate that the agency select another member to serve as Chairman and Vice-Chairman of the Agency. Member McTaggart then moved, seconded by Member Hughes and carried to appoint Member Bacharach as the Chairwoman for the Agency. Member Bacharach then moved, seconded by Member Hughes to appoint Member McTaggart as the Vice-Chairman of the Agency. The agenda was amended to consider as the last item of business the award of the contract for the Portuguese Bend Landslide Project. The agenda was then approved on motion of Member Hughes, seconded by Member Bacharach and carried. Member Bacharach moved, seconded by Member Hughes and carried to approve the Consent Calendar as follows: MINUTES Approved the minutes of November 17, 1987. RESOL. NO. RDA 87-28 Adopted Resolution No. RDA 87-28 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. - 1 - 700CP . 1- The motion to approve the consent calendar carried on the following roll call vote: AYES: HUGHES, McTAGGART AND BAC HARAC H ABSTAIN: RYAN AND HINCHLIFFE The Agency Attorney said that consideration of the hearing regarding the necessity for acquisition of property within the landslide area would have to be deferred until the arrival of Member Hinchliffe. The City Attorney said he checked with the Fair Political Practices Commission and was notified that it would not be necessary to draw straws again to determine who would vote on this issue. Since four members are needed and since there were not sufficient members present to proceed, Member Ryan requested that this item be deferred until Mr. Hinchliffe's arrival. (At this point of the meeting Daphne Clarke, who had an easemer,t; co be accepted by the agency, inquired about the alternative listed on the staff report pertaining to that easement. Citing the fact that one of the alter- natives to the easements listed on the staff report was to relocate the proposed road, she questioned the appropriateness of that alternative since the easement granted was strictly for drainage purposes. Charles Abbott, sitting in for Director George Wentz, said that was an inappropriate alter- native and should not have been listed on the staff report. ) (At 7:45 P.M. Member Hinchliffe arrived at the meeting.) Director McDuffie presented the staff memorandum and the recommendation that the agency should open the hearing on the proposed condemnation of the subject property, ask for the oral presentation of the staff report and take testimony from Mr. Shahin, any other persons claiming an interest in the property and/or their representatives on the three issues listed: 1) whether the public interest and necessity required the proposed project; 2) whether the proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least public injury; and 3) whether the property which is the subject of this proceeding is necessary for the proposed project. The agency was advised that in addition to the notice given to Mr. Shahin, notice of this hearing was sent to, Arnold Graham, Esq. , attorney for Mr. Shahin and the Alpha Group, a homeowners group allegedly comprised of land owners who claim interest in portions of the subject property, and also that notice was posted on the subject property. The Director reported that after all evidence has been received by the agency from all interested parties the agency may determine whether the public interest and necessity require the acquisition of the property. Before authorizing the acquisition of the property by eminent domain the agency must, based upon all the evidence properly before it at the hearing, find and determine that: 1) the public interest and necessity require the proposed project; 2) the proposed project is planned or located in the manner that will be the most compatible with the greatest public good and - 2 - 700CP/RDA.1-2 December 17, 1988 the least public injury; 3) the property sought to be acquired is necessary for the proposed project; and 4) the offer required by Section 7267.2 of the Government Code has been made to the property owner of record. Director McDuffie directed the agency members' attention to the declaration of Dr. Perry Ehlig, the Redevelopment Agency Contract Geologist and the City Geologist. Additionally, Mr. McDuffie noted the declaration of Charles H. Abbott, the Agency engineer for the Redevelopment Agency. Other than Mrs. Clarke, no one from the audience indicated their desire to testify on the matter. The staff report, the Ehlig and Abbott declarations and all exhibits thereto were entered into the record. RES. NO. RDA 87-29 Of the Rancho Palos Verdes (1801) Redevelopment Agency declaring cer- tain real property necessary for public purposes and authorizing the acquisition thereof was presented by title and adopted on motion of Member Hughes seconded by Member McTaggart. The motion carried on the following roll call vote: AYES: HUGHES, McTAGGART, HINCHLIFFE AND BACHARACH NOES: NONE ABSTAIN: RYAN RES. NO. RDA 87-30 - MAKING Resolution No. RDA 87-30 OF THE CERTAIN FINDINGS (1801) RANCHO PALOS VERDES REDEVELOPMENT AGENCY MAKING CERTAIN FINDINGS IN CONNECTION WITH ITS EFFORTS TO ABATE THE IMPENDING PERIL FROM GRADUAL EARTH MOVEMENT IN AND AROUND THE PORTUGUESE BEND LANDSLIDE was presented by title and adopted on motion of Member Hughes, seconded by Member McTaggart. The motion carried on the following roll call vote: AYES: HUGHES, McTAGGART AND BACHARACH NOES: NONE ABSTAIN: RYAN AND HINCHLIFFE RES. NO. RDA 87-31 Resolution No. 87-31 OF THE RANCHO APPROVING PAYMENTS PALOS VERDES REDEVELOPMENT AGENCY - APPROVING PAYMENT BY THE AGENCY FOR THE VALUE OF CERTAIN AND FOR THE COST OF INSTALLATION AND CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS INCLUDING THE ROADWAY OF PALOS VERDES DRIVE SOUTH LOCATED 3 - 700CP/RDA.1-2 December 17, 1988 WITHIN THE PORTUGUESE BEND LANDSLIDE IN THE CITY OF RANCHO PALOS VERDES was presented by title and adopted on motion of Member McTaggart, seconded by Member Hughes. The motion carried on the following roll call vote: AYES: HUGHES, McTAGGART AND BAC HARAC H NOES: NONE ABSTAIN: RYAN AND HINCHLIFFE AWARD OF CONTRACT - LANDSLIDE Executive Director McDuffie pre- PROJECT (1801) sented the staff memorandum of December 17, 1987 and the recommaen- dation that the agency award the bid Phase II of the Portuguese Bend Landslide Project received on December 9, 1987 for the proposed Portuguese Bend Landslide Project to W.E. McKnight and authorize expenditures in an amount not to exceed $1,600,000. ($1,481,770 plus $118,230 contingency. ) A brief discussion ensued regarding the difference in the cost of the line items, what would happen in the case that there was a deficiency in the funding, whether the job could be delayed if there is not sufficient funding, and when the Agency will be apprised of the receipt of the funds. Member McTaggart moved, seconded by Member Hughes to accept the bid from W.E. McKnight Company and authorize the staff to proceed with the expen- diture up to $1.6 million dollars but only if the additional revenues to cover the contingencies have been received. The motion carried on the following roll call vote: AYES: HUGHES, McTAGGART AND BACHARACH NOES: NONE ABSTAIN: RYAN AND HINCHLIFFE ADJOURNMENT At 8:05 P.M. the meeting adjourned to 9:00 A.M. on December 24, 1987 on motion of Member McTaggart. 9t,c4A, p.1A) C airwoman , A:ency Secretary - 4 - 700CP/RDA.1-2 December 17, 1988