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CC MINS 19820921M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING SEPTEMBER 21, 1982 The meeting was called to order at 7:30 P.M. by Mayor Robert E. R y an.at the Palos Verdes Unified School District Building, 30942 Hawthorne Boulevard. After the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BACHARACH, REIN, SHAW, DYDA, & MAYOR RYAN ABSENT: NONE Also present were City Manager Donald Guluzzy, City Attorney teve Dorsey, y, Director of Planning Sharon Hightower, Director of Public Works Carl Abel Director of Community Services Tom Bandy, Administrative Assistant Julie Christensen, and City Clerk Mary Jo Lofthus, BID OPENING Mayor Ryan reported that Public Works Director Abel would open the bids during the meeting and report-the-results later in the meeting. Councilwoman Bacharach moved, seconded by Councilwoman Shaw and carried to review the bid open- ing process as an agenda item. CEREMONIAL MATTER Mayor Ryan presented Council- woman Bacharach with a proclama- tion honoring her for her leadership, commitment and personal dedication as Mayor from April 2191981 to August 3, 1982. APPROVAL OF AGENDA The City Clerk announced that the following items were added to the agenda: contracting for police services (Dyda), Peninsula Transportation Commission meeting on September 30 (Bacharach), dinner honoring Assemblywoman Marilyn Ryan (Shaw), closed session on October 5 (City Manager), and October 19 City Council Meeting (City Manager). The agenda as amended was approved on motion of Councilwoman Hein, seconded by Councilwoman Shaw and carried. WAIVER OF FULL READING OF ORDINANCES Councilwoman Shaw moved, AND RESOLUTIONS seconded by Councilwoman Hein and carried to waive further reading in full of all ordinances and resolutions adopted at this meeting with consent to the waiver of the reading deemed to be given by all council - members after reading of the title, unless specific reqeust was made at that time for the reading of such ordinance or resolution. CONSENT CALENDAR The Consent Calendar was approved as presented on motion of Council- woman Hein, seconded by Councilwoman Shaw: TRACT NO. 36345 - APPROVAL OF FINAL (1) Approved the map. (2) Accepted TRACT MAP (1411) the abandonment as offered for dedication. (3) Approved the work agreements and bonds. (4) Made the appropriate findings as indicated in the September 17, 1982 letter from the City Engineer. (5) Instructed the City Clerk to endorse the map. TRACT NO. 33206 - EXTENSION OF (1) Determined that the work is IMPROVEMENT AGREEMENTS (1411) incomplete and that an extension is necessary to perform and complete the work under said contracts. (2) Declared the agreements submitted with Bond Nos. 2889454, 2889460, 2889461, 2889553, and 2889466 extended until October 21, 1983. MAINTENANCE CONTRACT WITH J. T. Authorized the Mayor and City GARZA CO. (1204) Clerk to sign the maintenance agreement with J. T. Garza Co. for Fiscal Year 1982 -83 for a cost not to exceed $97,080.99. AGREEMENT WITH MESSRS. HATANO Approved agreements with Mr. James & PETTERSON FOR USE OF LOWER Hatano and Mr. Tor Petterson author - NIKE SITE (1201) izing lease of City property for farming purposes. KLONDIKE ABATEMENT DISTRICT - REQUEST Approved waiver of the assessment TO WAIVE BONDING INVESTIGATION (1801) valuation procedure for bonding. RESOL. N0. 82 -65 - REGISTER OF DEMANDS ADOPTED RESOLUTION N0. 82 -65 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $304,000.619 DEMAND NUMBERS 1995 THROUGH 20579 111205, THROUGH 11208. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: BACHARACH, HEIN, SHAW, DYDA, & MAYOR RYAN NOES: NONE ABSTAIN: NONE PUBLIC HEARING: TENTATIVE TRACT MAP N0. 32322 - APPROVAL Noting that this public hearing OF TRACT MAP (1411) had been continued from August 3, 1982 Mayor Ryan requested the staff report. Associate Planner Sandi Lavitt presented the staff report of June 22, 1982 which recommended that the City Council approve this tentative tract subject to the conditions listed on Exhibit "A" to the proposed resolution. The applicant in this matter, Mr.-Larue Thomas, 6480 Palos Verdes Drive East, told the Council that he has lived at this location for over thirty years and was now involved in estate planning and hence his request to subdivide this 4-1/2 acres. He objected to the requirement for installing a new driveway because of the expense involved and the fact that it would not be in use for many years. There bein g no response to the Mayor's call for additional public testimony, he declared the hearing closed. Council discussion then followed regarding the width of the present road in that area and if other property owners in.the area would be required to widen t � P P the road adjacent to their property. After Council discussion of Condition No. 35 of the proposed resolution, Councilwoman Bacharac � h moved seconded by Councilwoman_Hein and carried to August 3 -staff report. After replace it with Recommendation No. 5 in the Aug d P additional discussion it was the consensus that the City Attorney show condition and resent the resolution a a later meeting* review this P After discussion of whether or not to require widening of the off-site , easement by 20 feet Councilwoman Shaw moved, seconded by Councilwoman Condition No. 9 from Exhibit "A". The motion carried Bacharach to remove on a three - two vote with Councilmembers Dyda and Hein voting in opposition. COUNCIL _2_ SEPTEMBER 219 1982 Councilwoman Shaw moved, seconded by Councilman Dyda to eliminate Condition No. '10 from Exhibit "A ". The motion carried. DALADIER DRIVE UNDERGROUNDING Public Works Director Abel DISTRICT NO. 4 - BID OPENING presented the bids received (901) on this undergrounding district as follows: Hood Corporation - $475,496.59; Herman Weissker, Inc. - $511,619.06; Irish Construction Co. - $777,185.29; and, Smith Electric, Inc - $$353,877. The Smith bid was corrected later to show a bid price of $427,530.86. HAWTHORNE BOULEVARD LANDSCAPE PROPOSALS Cardoze Dillallo Associates, Inc. Architects - $8,100; Florian /Marti-. - $4,420; Craig Weber & Associates Public Works Director Abel presented the bids received on this job as follows: - $7,600; Closson & Closson Landscape nez Associates - $4,575; Kobata Associates - $4,200. TRACT N0. 37885 - APPROVAL OF Mayor Ryan opened the public TRACT MAP (1411) hearing on this tentative tract and the City Clerk reported that notice had been published and no written protests received. Associate Planner Lavitt presented the staff report of September 21, 1982 which described this 15 acre site which is part of a 163+ acre parcel. There are 47 single family lots proposed; the remaining acreage will be held in common by the homeowners association and maintenance of the open space and quarry face, including the barrier fence and debris channel, will be the responsibility of the homeowners association. Staff recommended approval of this tentative tract subject to the conditions listed in Exhibit "A" to the proposed resolution. Speaking in response to the Mayor's call for public testimony was Monte Brower who represented Palos Verdes Properties. He told the Council that he did not agree with the Parks & Recreation fee, that the property was purchased by his company twenty -five years ago, and questioned the reasons why their appraisal of the property was not accepted by the City. Ken Marks, representing the engineers for this project, Sikand Engineering, 15 Marconi, Irvine, said he was present to answer any technical questions the Council had about this project. In response to Council's inquiry, he said there would be no blasting on this project. Mr. A. Muraszew, 30311 Ganado Drive, told the Council he was concerned about some of the geological characteristics of this area and quoted parts of a geological report dated May 24, 19780 Council then discussed if the Quimby act was applied uniformly to all projects in the city and if the appraisal presented by Palos Verdes Properties was realistic. Councilman Dyda moved, seconded by Councilwoman Hein to have an appraiser, satisfactory to the City and to be paid for by the developer, establish a price for that property. The motion ;-failed on a three - two vote with Councilmembers Bacharach,-Shaw and Ryan voting in opposition. Further Council discussion took place on the homeowners association's responsibility to maintain this open space.area and the horse trail fence and the fact that these items will be included in the CC &R's. Councilwoman Bacharach moved, seconded by Councilwoman Hein and carried to change Condition No. 26 "a" and "b" to indicate all public streets proposed. Councilman Dyda moved, seconded by Councilwoman Hein to approve Tenta.-ive Tract Map No. 37885. The motion carried on a four - one vote with Councilwoman Bacharach voting in opposition. RESOLUTION NO. 82 -66 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING TENTATIVE TRACT N0. 37885 was presented by title and ADOPTED on motion of Councilwoman Shaw, seconded by Councilwoman Hein and carried on a four - one vote with Councilwoman Bacharach voting in opposition. COUNCIL -3- SEPTEMBER 21, 1982 ORDINANCE N0. 159 - APPROVING ZONE ORDINANCE N0, 159 OF THE CHANGE N0. 10 ( 701 x -1802) CITY OF RANCHO PALOS VERDES APPROVING ZONE CHANGE N0. 10 was presented for a second reading, first reading having taken place on September 7, 1982. Councilwoman Hein moved, seconded by Councilwoman Bacharach to ADOPT ORDINANCE NO. 159. The motion carried on the following roll call vote: AYES: BACHARACH, REIN, SHAW, DYDA, & MAYOR RYAN NOES: NONE ABSTAIN NONE ORDINANCE N0. 160 - APPROVING ZONE ORDINANCE NO. 160 OF THE CHANGE N0. 11 (701 x 1 8 0 2) CITY OF RANCHO PALOS VERDES APPROVING ZONE CHANGE N0. 11 was presented for a second reading, first reading having taken place on September 7, 1982. Councilwoman Hein moved, seconded by Councilman Dyda to ADOPT ORDINANCE NO. 160. The motion carried on the following roll call vote: AYES: BACHARACH, HEIN, SHAW, DYDA, & MAYOR RYAN NOES: NONE ABSTAIN: NONE REQUEST FOR INITIATION OF GENERAL Associate Planner Lavitt presented PLAN AMENDMENT - APPLICANT: the staff report of September 21, FRANK PALITEO (701) 1982 which presented an update on this matter which was before the City Council at the August 3, 1982 meeting. Staff recommended that Council deny this request for initial of a General Plan amendment. Representing the landowner was Mr. Frank Paliteo, 915 So. Grand Avenue, San Pedro, who told the council that Mr. Murphy wants to enlarge his home and this is the only way this addition can be accomplished. He said that most of the homes in that area are built on slopes greater than 35% and inquired if the addition could be cantilevered. Council then discussed if when these homes had been built initially if a bigger house would have been allowed on the lot, if this was an increase in the primary use of the land, and if a General Plan Amendment was really necessary to increase the primary use of the land. Councilwoman Shaw moved, seconded by Councilwoman Bacharach and carried to deny the initiation of a general plan amendment from Open Space Hazard to 2 - 4 units per acre. It was the consensus of Council that the City Attorney review this matter taking into consideration the view protection clause of Open Hazard Zoning and that this be put on a later agenda. REQUEST FOR INITIATION OF GENERAL Associate Planner Alice Angus PLAN AMENDMENT - APPLICANT: presented the staff report of CLARANITA HIXON (701 x 1804) September 21, 1982 which described this property, presented a history of the project, and presented alternatives for Council's consideration: (1) Approve the General Plan Initiation Request. (2) Deny the request; and (a) Suggest that the applicant apply for a Conditional Use Permit subject to a determination by the Planning Commission that the use could be permitted under a C.U.P. (b) Make a policy decision that the request use is not similar to those permitted with a Conditional Use Permit. Staff recommended that Council deny the request since the site would be substandard for the requested zone, and suggest that the applicant apply for a Conditional Use Permit subject to a determination by the Planning Commission that the use is similar to visitor - serving uses defined in the Coastal Specific Plan. The applicant should be instructed to file for a miscellaneous hearing by the Planning Commission for said determination. COUNCIL -4- SEPTEMBER 219 1982 lJ Representing the applicant was her attorney William Hopkins, 1650 So. Pacific Coast Highway, who said that his client's proposed use of this property would benefit the general welfare of the community, that she is complying the Court Order and that they are willing to cooperate with the City on this matter. Council discussion then followed regarding whether this visitor - serving use fell under the conditions of the Coastal Specific Plan, when that Plan would be approved by the State Coastal Commission, and the fact that this use could then be allowed under a Conditional Use Permit, Councilwoman Shaw moved, seconded by Councilman Dyda and carried to deny this request for a General Plan Amendment initiation. TRACT NO. 33206 - SAN PEDRO Referring to the August HILL (1411) 20, 1982 letter received from Shapell Industries, it was the consensus of Council that this matter be placed on the next agenda. CONTRACTING FOR POLICE Citing the decline in performance SERVICES standards for the Sheriff's Depart- ment, Councilman Dyda requested that the Council consider authorizing a study to determine if the City's needs would be better met by using the police services of the City of Torrance. After Council discussion of what the Regional Sheriff's committee (Bacharach/ Hein) should present to Sheriff Block, it was the consensus of Council that there was sufficient interest in pursuing the idea of getting a cost estimate from the the City of Torrance for police protection services. PENINSULA TRANSPORTATION COMMITTEE Councilwoman Bacharach invited the Council to attend the September 30 meeting of that Committee. Additionally, she requested that Council attend the October 4 evaluation meeting to be held at-Palos.Vdrdes Estates Cit y Hall. DINNER HONORING ASSEMBLYWOMAN Councilwoman Shaw explained the MARILYN RYAN (304 x 6.02) arrangements being made for this event; Councilwoman Hein moved, seconded by Councilman Dyda, to authorize $300 for deposit and other incidentals. This will be reimbursed out of the proceeds of the dinner. The motion carried on the following roll call vote: AYES: BACHARACH, HEIN, SHAW, DYDA, & MAYOR RYAN NOES: NONE ABSTAIN: NONE OCTOBER 5 CLOSED SESSION It was the consensus of Council to hold a closed session at 7:00 P.M. on October 5, 19820 HESSE PARK CONSTRUCTION (1201) Director Abel reported that he visited the site along with the architect on the job and that the soccer field measures out to 120 yards and that there is sufficient room to accommodate a regulation field. ADJOURNMENT Session. Motion made by Councilwoman Shaw, COUNCIL Sul � -5- At 10:30 P.M. Council adjourned to September 29 at 7:30 for a Work seconded �jy Councilman j�yda and carried. �Ahi ■ SEPTEMBER 219 1982