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CC MINS 19810407M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL 7, 1981 The meeting was called to order at 7:35 P.M. by Mayor Barbara Hein at the Palos Verdes Unified School District Building 30942 Hawthorne Boulevard. Following the Pledge of Allegiance, roll call was answered as follows: PRESENT: RYAN, DYDA, BACHARACH, AND MAYOR HEIN LATE ARRIVAL: SHAW @ 8:06 P.M. Also present were City Manager Donald Guluzzy, City Attorney Patrick Coughlan, Director of Planning Sharon W. Hightower, Associate Planner Gary Weber, Director of. Public Works Charles Abbott, Director of Parks & Recreation Maynard Law, Director of Community Services Tom Bandy, Administrative Assistant Julie Christensen, Administrative Services Officer George Wunderlin, and Deputy City Clerk Mary Jo Lofthus. APPROVAL OF AGENDA The following items were added to the agenda: SB102 (Hein), Contract Cities (Hein), View Ordinance (Ryan), and Seacove /Palos Verdes Drive South (Ryan). Item No. F -2 (conversion of street lighting) was removed from the agenda. Councilman Dyda moved, seconded by Councilwoman Bacharach to hear Item No. B -2 (Appeal of Negative Declaration No. 406) first and then B -1 (Appeal of Special Animal Permit No. 13). Motion carried 4 - 0. Councilwoman Bacharach moved, seconded by Councilman Dyda to hear Item No. C -1 (Tentative Tract No. 37205) after B -2. Motion carried 4 - 0. Councilwoman Bacharach moved, seconded by Councilman Dyda to discuss the Budget Calendar as part of the City Manager's status report. Motion carried 4 - 0. Councilwoman Bacharach moved, seconded by Councilman Dyda to approve the agenda as amended. Motion carried 4 - 0. WAIVER OF FULL READING OF Councilwoman Bacharach moved, seconded ORDINANCES & RESOLUTIONS by Councilman Dyda 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 Council after reading of the title unless specific request was made at that time for reading of such ordinance or resolution. CONSENT CALENDAR After removal of Item No. A -9 (City Maintenance Worker and City Summer Maintenance Crew) the remainder of the Consent Calendar was approved as follows: MINUTES Approved as presented the minutes of the Adjourned Regular Meeting of March 17th, Regular Meeting of March 17th and Adjourned Regular Meeting of March llth. RESOLUTION NO. 81 -21 ADOPTED RESOLUTION NO. 81 -21 OF THE REGISTER OF DEMANDS CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $486,814.63, DEMAND NUMBERS 9390 THROUGH 9470. TRACT MAP NO. 36345 - APPROVAL OF EXTENSION (1411) TRACT MAP NO. 33034 - RELEASE OF BONDS (1411) Approved a one -year extension to April 1, 1982. Approved the work and released the faithful performance bond for the landscaping and irrigation agreement, and stairway and ramp agreement. After expiration of the statute of limitations, and if no claims have been made to the City, the labor and materials bonds will be released. MICHAEL W. JUCKES - REQUEST FOR UNDERGROUNDING UTILITIES (901) Waived underground requirements to 6 Barkentine because such installation is not appropriate to the site and the City has no future plans to underground utilities in this area. However, the property owner is advised that if an assessment district is established in the future, he will be assessed for the cost of underground - ing utilities. WAIVER OF SPECIAL USE PERMIT NO. 12 - CONGREGATION NER TAMID OF SOUTH BAY (1804) RESOLUTION NO. 81 -22 - BERRYHILL UNDERGROUNDING DISTRICT (901) Approved the waiver because the appli- cant is a non-profit religious organ- ization and this is a short -term special event. ADOPTED RESOLUTION NO. 81 -22 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES SETTING THE TIME AND PLACE FOR A PUBLIC HEARING TO DETER- MINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT IN THE AREA ALONG AND ADJACENT TO BERRY HILL DRIVE, VIA VICTORIA, VIA RIVERA, VIA BORICA, ?RUE GODBOUT VIA LORADO, VIA MARIE CELESTE, VIA CAMBRON, AND VIA COLLADO. RESOLUTION NO. 81 -23 - AUTHORIZING EXPENDITURE OF FUNDS FOR TRAFFIC SAFETY PROJECTS (1404) CLAIM OF JANNINE BRUNDIN AGAINST THE CITY (303) CLAIM OF JOSEPH KLEIN AGAINST THE CITY (303) APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM - JAMES R. ALBRIGHT (303) ADOPTED RESOLUTION NO. 81 -23 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING EXPENDITURE OF FUNDS FOR TRAFFIC SAFETY PROJECTS. Rejected the claim as provided in Government Code Section 912.6. Rejected the claim as provided in Government Code Section 912.6. Rejected the application for leave to present a late claim as submitted by A. T. and Geneva N. Albright in con- nection with the death of their son James R. Albright. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: NOES: ABSENT: RYAN, DYDA, BACHARACH & MAYOR HEIN NONE SHAW APPEAL OF NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. 406 (1803 x 1804) Associate Planner Weber summarized the staff report of April 7th which out- lined the process followed in granting this negative declaration and recom- mended that the Council deny the appeal since there is substantial evidence of a sign- ificant effect subject to implementation of all mitigation measures identified in the Final Negative declaration, and deny the appeal to the Special Animal Permit for the reasons listed in the draft resolution and subject to the conditions found in Exhibit "A" III attached thereto. Speaking in favor of this appeal were the following residents of the area: Richard Berg, 4820 Falcon Rock Road; R. M. Scott, 4834 Falcon Rock Road; William Cords, 26912 Diamondhead Drive; Vivian Elkins, 26840 Diamondhead Drive, Brian Morden, 26404 Diamondhead; Tom Connor, 27011 Silver Moon, and Paul Wong, 4814 Falcon Rock Road. They were concerned about the procedure followed by staff in issuing this negative declaration, the odor, fly & dust problem that might result from having horses in the canyon, denuding of the landscape, whether this site was suited to horse trails, and the additional street traffic that might be generated. Additionally, they questioned if this would be a quasi - commercial situation. Mr. Cords gave a slide presentation showing the landscape of the canyon area; these slides were submitted as evidence in this matter and presented to the City Clerk. Mr.Wong also submitted as evidence a series of pictures showing a panoramic view of the canyon area. The applicant Richard Buchholtz, 27067 Silver Moon Lane, told the Council that he had complied with all of the City's requirements and that these measures would alleviate the problems cited by his neighbors. He said this was not a commercial venture; that he had proper access to the trails and that the trail will be graded into the hillside. Also speaking in support of this permit was David Buchholz, and James Hensley, 27060 Silver Moon Lane. CITY COUNCIL -2- 4/7/81 RECESS testimony on the Environmental Assessment appeal.) At 9:10 P.M. Mayor Hein declared a recess. The meeting reconvened at 9:20 P.M. with the full Council in attendance. (Councilwoman Shaw having arrived at 8:06 P.M. during Council then resumed discussion of the negative declaration and Councilman Dyda moved, seconded by Councilwoman Shaw and carried to deny the appeal to the negative declaration since there was no substantial evidence of a significant effect subject to the implementa- tion of all the mitigating measures outlined in Exhibit "A ". For the record, Council requested that the testimony presented for the appeal of the negative declaration was intermingled with testimony pertaining to the Special Animal Permit; that the record show that it be part.of the Special Animal Permit testimony. Associate Planner Weber presented the staff report which recommended that Council adopt the proposed resolution denying the appeal for the reasons found in the resolution sub- ject to the conditions found in Exhibit "A" as well as conditions A through D listed in the negative declaration. The City Attorney read those conditions as follows: a. Daily removal of waste materials; b. Storage of said waste materials in a tightly covered approved container; c. Removal of stored waste materials at least once a week via an approved disposal method; and d. Implementation of a dust control program such as watering, oiling, or equal to prevent excessive airborne dust. Responding to the Mayor's call for testimony on the special animal permit, Mrs. Vivian Elkins, who asked if the trails would be used by people other than the immediate residents of the area. She was advised that the trails could be used by non - residents. After Council discussion of these mitigating measures, Councilman Dyda moved, seconded by Councilwoman Shaw to amend No. 10 of Exhibit "A", by inserting in the first line after the word "months" the following: "following completion and implementation . . . ." The motion carried. Councilman Dyda moved, seconded by Councilwoman Bacharach and carried to add a 12th condition to Exhibit "A" by inserting conditions "a" through "d" listed on the Negative Declaration. The motion carried. Councilwoman Bacharach moved, seconded by Councilwoman Shaw and carried to insert in the second line of No. 3 of Exhibit "A" the following: "irrigation and erosion control'.') Councilman Ryan moved, seconded by Mayor Hein, to amend Subparagraph "a ", No. 2 by inserting the word "not" after may. The motion failed on a three - two vote with Councilmembers Shaw, Dyda and Bacharach voting in opposition. Councilman Ryan moved, seconded by Councilwoman Bacharach to amend the last line of No. 5 by inserting the work "all" before excessive. The motion failed on a four - one vote with only Councilman Ryan voting in favor. RESOLUTION NO. 81 -24 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING SPECIAL ANIMAL PERMIT NO. 13, was read by title and adopted as amended on motion of Councilman Dyda, seconded by Councilwoman Shaw. The motion carried on a four - one vote with Councilman Ryan voting in opposition. RESOLUTION 81 -25 Mayor Hein declared the public hearing TENTATIVE TRACT MAP NO. 37205 open on the request to subdivide a 10±! (1411) acre site into 34 lots, with the Clerk reporting that notice of the hearing had been given, with evidence on file, and no written communications received. CITY COUNCIL -3- 4/7/81 The tract was reviewed in its entirety by Associate Planner Gary Weber, who reported that pursuant to City and State Environmental Guidelines, a Negative Declaration for Environmental Assessment No. 389 was granted on April 3, 1980. Proper public notice has been published and individual notice was mailed to all property owners within 500 feet of the site. On February 24, 1981, the Planning Commission recommended that the City Council approve this Tentative Tract Map subject to the conditions of the draft resolution. Representing the Landowner and Applicant was Clark Leonard of Lanco Engineering, 17430 South Prairie Avenue, Torrance, who told the Council that he agreed with the staff report and requested that the tract be approved. Representing the owners of the adjacent property was George Johnson, 250 W. Wardlow, Long Beach, who said that he has reviewed the tract and found that there wouldn't be any drainage problem on his client's property. There being no response to the Mayor's call for additional public testimony, she de- clared the hearing closed. RESOLUTION NO. 81 -25 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING TENTATIVE TRACT MAP NO. 37205 was read by title and ADOPTED on motion of Councilman Dyda, seconded by .Councilwoman Shaw and carried. (At 10:10 P.M. the City Attorney was excused on motion of Councilman Dyda, seconded by Councilwoman Bacharach and carried.) LADERA LINDA /LOMA del MAR City Manager Guluzzy presented the SCHOOL PROPERTY Staff memorandum of March 31st which (1401) listed the pros and cons of the three options available to the City regarding the east side school sites: (A) Trade Loma del Mar for Ladera Linda. (B) Lease Ladera Linda and retain Loma del Mar. (C) City take no action on Ladera Linda. i After Council discussion of the estimated value of the property involved, if an appraisal should be made, and if the City should approach the School District with a leasing arrange- ment) Councilman Ryan moved, seconded by Councilman Dyda to authorize staff to proceed with an across the board trade for the two sites. The motion carried unanimously. MIRALESTE STORM DRAIN Director Abbott presented the Request (604) x (303) for Proposal for engineering services related to the preparation of plans for the laying of 30" storm drain or larger in the Miraleste area. He recommended that the storm drain be repaired so that it is functional. Mr.& Mrs. Fillers, 30101 Miraleste Drive, then spoke to the Council about the methods that would be used in determining the problem with this drain, and when it would be repaired. Councilman Dyda moved, seconded by Councilwoman Bacharach to enter into an agreement with Santina & Thompson not to exceed $9,400. The motion carried on the following roll call vote: AYES: RYAN, SHAW, BACHARACH, DYDA & MAYOR HEIN NOES: NONE PUBLICATION OF A 1982 Community Services Director Bandy CALENDAR /ANNUAL REPORT presented the staff memorandum of (1107) x (105) February 13, 1981 which noted that staff has investigated the publication of a City Calendar /Annual Report beginning January 1982. The calendar would be distributed free of charge to all residences and businesses in the City by Community Forum, Inc. Staff recommended: (1) that the Council authorize staff to obtain a reliable firm or group of firms who are capable and willing to handle the entire production of the annual report /calendar to be paid for by private advertisers, (2) that Council direct this program be included as part of the operating budget work program and be stated as an objective for fiscal year 1981 -83. After Council discussion of whether there was sufficient revenues to compensate for staff time, what would happen in the event the City can't get enough revenues to pay for the cost, how much staff time would be budgeted for this program, and if this would replace the City's regular NEWSLETTER, Councilwoman Shaw moved, seconded by Councilman Ryan to receive and file this report. The motion carried on a 3 - 2 vote with Councilmembers Hein and Bacharach voting in opposition. 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After Council discussion of the cost effectiveness of this program, and how this would differ from the Garza in -house maintenance crew, Councilwoman Shaw moved, seconded by Councilwoman Bacharach to hire the maintenance worker from April 16th to June 30th at the minimum hourly rate plus benefit package. The motion carried on the following roll call vote: AYES: NOES: BUDGET CALENDAR RYAN, SHAW, DYDA, BACHARACH & MAYOR HEIN NONE The City Manager briefly reported on some changes made to the Budget Calendar, including the publication dates. After Council discussion of whether to publish the budget prior to Council review, Councilwoman Bacharach moved, seconded by Councilwoman Shaw to publish a notice of the budget hearing; also send a letter to the regular distribution list informing them that the budget is available for review. The motion carried on a three - two vote with Councilmembers Dyda and Ryan voting in opposition. ADJOURNMENT At 1:00 A.M. the meeting was adjourned to April 8th at 7:30 P.M. for a closed session to discuss pending litigation. The motion was made by Councilman Ryan, seconded by Councilwoman Shaw and carried. DONALD F. GULUZZY, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL COUNCIL Oge AE4L___ _LA I_ A / MAYOR -6- APRIL 7, 1981