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CC MINS 19800102 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JANUARY 2, 1980 The meeting was called to order at 7:35 P.M. by Mayor Ann Shaw 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, DYDA & MAYOR SHAW LATE ARRIVAL: HEIN @ 7:40 P.M. Also present were City Attorney Patrick Coughlan, Assistant City Manager and Director of Planning Sharon Hightower, Acting Director of Public Works Alan Jelten, Associate Planner Gary Weber, Administrative Services Officer George Wunderlin and Deputy City Clerk Mary Jo Lofthus. 111/ APPROVAL OF AGENDA The following items were added to the agenda: Abalone Cove Park (Ryan), Torrance Court (Ryan), Palos Verdes Drive South & Forrestal construction (Ryan), Coastal Commission (Ryan) , Contract Cities (Hein) and oil drilling in Santa Monica Bay (Mayor .Shaw). Item Nos. 11 and 14 were removed from the agenda. Councilman Dyda moved, seconded by Councilwoman Hein to approve the agenda. The motion carried on a four - one vote with Councilman Buerk voting in opposition. WAIVER OF FULL READING Councilman Dyda moved, seconded by OF ORDINANCES & RESOLUTIONS Councilwoman Hein 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 title unless specific request was made at that time for such ordinance or resolution. The motion carried unanimously. # # # # # CONSENT CALENDAR After removal of Item Nos. 2 and 3 the Consent Calendar was approved as follows on motion of Councilwoman Hein, seconded by Councilman Dyda. RESOL. NO. 80-1 ADOPTED RESOLUTION NO. 80--1 OF THE REGISTER OF DEMANDS CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $419,846.76 DEMAND NUMBERS 7218 THROUGH 7249. ABALONE COVE LANDSLIDE Approved agreement and authorized staff AREA -- DEWATERING PROJECT to issue a purchase order to Southern (1801) California Edison Co. not to exceed $60,000 and appropriate funds from the General Fund balance. RESOL. NO. 80-2 ADOPTED RESOLUTION NO. 80-2 OF THE CITY FAU FUNDS COUNCIL OF THE CITY OF RANCHO PALOS VERDES (601 x 1404) REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF SELECT SYSTEM STREETS. URBAN WEST WALKWAY Approved Easement Deed and requested (TRACT NO. 31714) grantor to record same. (1411 x 450) TRACT NO. 32991 Made the findings identified in the APPROVAL OF TRACT MAP City Engineer's letter of December 11, (1411) 1979 and instructed the City Clerk to endorse said map. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: RYAN, BUERK, HEIN, DYDA, & MAYOR SHAW NOES: NONE MONTEMALAGA DRIVE Acting Public Works Director Alan Jelten MEDIANS summarized the staff report of December 18, (1502) 1979 which recommended that the City Council authorize the expenditure of $5,100 to install pavement markings on Montemalaga Drive; instruct the Street Standards Committee to review in further detail the proposals for installation of medians on Montemalaga Drive. Councilman Dyda distributed copies of a sketch indicating his recommended markings for Montemalaga Drive. Representing the Montemalaga Drive Petition Committee was Jennie Newbold, 5400 Montemalaga Drive. She read a prepared statement (a copy of which is on file with the City Clerk's Office) which, among other things, recommended that the Street Standards Committee consider the cost of undergrounding the power trunk lines now running through the north sidewalk while the work is being done on Montemalaga Drive rather than doing it at some future projected time. Councilman Dyda moved, seconded by Councilman Ryan to approve the staff recommenda- tion for painted medians the length of Montemalaga Drive similar to those indicated on Councilman Dyda's sketch presented to Council and authorize an expenditure not to exceed $5,100 for said painting. The motion carried on the following roll call vote: AYES: RYAN, BUERK, HEIN, DYDA & MAYOR SHAW NOES: NONE Councilman Ryan moved, seconded by Councilman Dyda to direct staff to send a letter to Southern California Edison Company informing them of the City's intention to underground the utilities, give them a time estimate and request that they locate the funds to cover the cost. The motion carried unanimously. Council requested that the residents of the area who had spoken before Council on this matter be advised of Council's action. ORDINANCE NO. 125 ORDINANCE NO. 125 OF THE CITY OF RANCHO CODE AMENDMENT NO. 8 PALOS VERDES APPROVING CODE AMENDMENT NO. 8 OPEN SPACE HAZARD DISTRICT AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL (1801) CODE was presented for a second reading, first reading having taken place on December 18, 1979. Councilman Dyda moved, seconded by Councilman Buerk to waive further reading and ADOPT ORDINANCE NO. 125. The motion carried on the following roll call vote: AYES: RYAN, BUERK, HEIN, DYDA & MAYOR SHAW NOES: NONE ABSENT: NONE ORDINANCE NO. 126 ORDINANCE NO. 126 OF THE CITY OF RANCHO SUBDIVISION PALOS VERDES AMENDING THE SUBDIVISION (1409) ORDINANCE AND AMENDING THE RANCHO PALOS VERDES MINICIPAL CODE was presented for a second reading, having been presented for a first reading on December 18, 1979. Council- man Dyda moved, seconded by Councilwoman Hein to waive further reading and ADOPT ORDINANCE NO. 126. The motion carried on the following roll call vote: AYES: RYAN, BUERK, HEIN, DYDA & MAYOR SHAW NOES: NONE SCAG - LOW & Referring to Attachment B in the information MODERATE INCOME HOUSING presented on SCAG's 1978 population projections (306 x 1203) Councilwoman Hein requested Council's opinion whether to endorse this resolution. Councilman Dyda moved, seconded by Councilman Ryan to ignore this resolution in its entirety. After further discussion of this motion, and with the permission of the second, Councilman Dyda amended the motion to include that the City send appropriate communication in the form of a letter to the other cities enumerating our objections to this blanket approval and concern about their projections being significantly higher than projections put out by the State for low and Moderate housing. The motion carried unanimously. CITY COUNCIL -2- January 2, 1980 Councilman Buerk moved to further amend the motion to add that in the letter the City object to the way in which this information is used in the housing model to allocate low and moderate income housing to individual cities. The amendment was seconded by Councilman Dyda and carried unanimously. The main motion as amended carried unanimously. ABALONE COVE PARK Reporting on incidents of people tampering (109) with the tidepools at Abalone Cove Park, Councilman Ryan moved, seconded by Council- man Dyda to instruct staff to ask the County if they are protecting this ecological preserve; also send a letter to the Department of Fish & Game to see if they ever inspect the park. The motion carried unanimously. This letter is to be signed by the Mayor. TORRANCE TRAFFIC COURT After discussion of Judge Aranda of the (310) Torrance Traffic Court suspending fines on December 24, Councilman Ryan moved, seconded by Councilman Dyda to send a letter to Judge Aranda, the supervising judge and the County Board of Supervisors asking the reasons for the suspension of these fines. The motion carried unanimously. The City Attorney is to draft the letter and bring back to the Council for review. RECESS At 9:00 P.M. Mayor Shaw declared a brief recess. At 9:10 the meeting reconvened with the same members present. PALOS VERDES DRIVE SO. Questioning the safety of the design & FORRESTAL DRIVE for this intersection, Councilman Ryan (1404 x 1503) requested that the other members of Council drive through the area and that staff bring the plans for the intersection to the next Council Meeting so Council can determine if it needs any modification. COASTAL COMMISSION Councilman Ryan distributed a copy of of a post card of the Rancho Palos Verdes coastline and suggested that the members of Council send this card to the Coastal Commissioners. CALIFORNIA CONTRACT CITIES Councilwoman Hein reported on the MEETING IN SACRAMENTO meeting to be held in Sacramento that both she and Councilman Ryan would be attending. She suggested arranging a luncheon with representatives from Rolling Hills Estates, Senator Bob Beverly and Assemblywoman Marilyn Ryan. OIL DRILLING IN SANTA Mayor Shaw requested Council's opinion MONICA BAY regarding the possibility of oil Drilling (601) in the Santa Monica Bay. After Council discussion, it was the consensus that staff should find out if an EIR is available and if there are any problems to bring them to the attention of the Council. APPEAL OF DENIAL OF VARIANCE Associate Planner Weber presented the NO. 41 AND APPEAL OF DENIAL OF staff memorandum of January 2, 1980 GRADING PERMIT NO. 396 which recommended that Council affirm the (1804) Planning Commission's decision and dismiss the appeal to Variance No. 41 and the related Grading Application No. 396. The applicant, Robert L. Hansen, 4140 Lorraine Road, presented aerial photos of his property showing the location of the proposed tennis court. He felt that these photos supported his belief that he did not have full use of his double lot property. Additionally, he said that the court would not effect anybody's view as it was barely visible to two neighbors; none of the people in his neighborhood protested this project. Speaking in favor of the project was Mr. Kenneth W. Gale, 4136 Lorraine Road. He said it would be an attractive addition to the property. It was the consensus of Council to consider first the grading permit and then discuss the appeal to the variance. CITY COUNCIL -3- January 2, 1980 Grading Permit Councilman Buerk moved, seconded by Councilman Ryan to grant the appeal on the grading application due to the fact that the project is unobtrusive and the special circumstrances of it warrant exceeding some of the guidelines set out in the grading ordinance. Councilman Ryan moved to amend the motion to add that this grading presented no safety hazard. The amendment carried unanimously. The main motion as amended carried unanimously. Variance Finding No. 1 - That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district. Councilman Dyda moved, seconded by Councilwoman Hein that this finding could be made because of the exceptional use of the property by insetting the court and not destroying the contour of the land is appropriate for the intended use of that property. Also this variance minimizes the grading. The motion carried unanimously. Finding No. 2 - That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district. Councilman Ryan moved, seconded by Councilwoman Hein that this finding could be made because other hillside lots in the area have developed in this way and this grading will be matching adjoining lots. Councilman Ryan moved to amend the motion to add that the fact the applicant's lot is a double lot and no residence is planned on the second part of that lot would otherwise deprive him of the use of his property. The amend- ment was seconded by Councilman Ryan and carried unanimously. The main motion as amended carried unanimously. Finding No. 3 - That the granting of the variance will not be materially detrimental to the public welfare or injurious to property and improve- ments in the area in which the property is located. Councilman Ryan moved, seconded by Councilwoman Hein to accept the staff recommendation on this finding. The motion carried unanimously. Finding No. 4 - That the granting of such variance will not be contrary to the objectives of the General Plan. Councilman Buerk moved, seconded by Councilwoman Hein, that this finding could be made because the project does not impact any views and is not detrimental to the neighborhood and is in keeping with the recreational aspects of the General Plan. Councilman Dyda moved to amend the motion to add that the project was inset and does not change the general contour and does not create a skyline. The amendment was seconded by Councilman Ryan and carried unanimously. The motion as amended carried unanimously. Councilman Buerk moved, seconded by Councilman Dyda, to grant the appeal having made the appropriate four findings. The motion carried unanimously. ITEMS REMOVED FROM THE CONSENT CALENDAR: After clarification of whether RESOL. NO. 80-3 staff could establish criteria HAZARD ABATEMENT DISTRICT for benefitting properties and (1801) if they can identify to what extent the benefits will accrue to different properties within the timeframe previously outlined, RESOLUTION NO. 80-3 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING THAT IT IS SUBJECT TO CHAPTER 2 DIVISION 17 OF THE PUBLIC RESOURCES CODE was read by title and ADOPTED on motion of Councilman Dyda, seconded by Councilman Ryan and unanimously carried. ENVIRONMENTAL ASSESSMENT Page 3, Paragraph No. 4, NO. 386 - ABALONE COVE Subsection c. Councilman Dyda LANDSLIDE AREA moved, seconded by Councilwoman (1801 x 1803) Hein and unanimously carried to delete the present wording of that section and insert the following: "Appropriate steps will be taken to achieve water quality that meets water quality standards prior to discharge in the ocean." CITY COUNCIL -4- January 2, 1980 Page 3, Paragraph No. 5 - Councilman Dyda moved, seconded by Mayor Shaw and unanimously carried that the following be stricken from the first sentence of that paragraph: ". . . so that normal activities can be resumed." Council requested that the two blanks be filled in on Page 1, under the the section entitled "Location and design of the wells." Councilman Dyda moved, seconded by Councilwoman Hein that Environmental Assessment No. 386 be modified by those amendments. The motion carried unanimously. Councilman Ryan moved, seconded by Councilman Dyda to adopt the recommendations as outlined in the January 2, 1980 staff memorandum. The motion carried unanimously. RECESS TO EXECUTIVE SESSION At 10:50 P.M. Councilman Ryan moved, seconded by Councilman Dyda to recess to executive session for discussion of pending litigation. The motion carried unanimously. RECONVENE & ADJOURNMENT The meeting reconvened at 11:15 P.M. with no action taken and immediately adjourned to January 14, 1980 for a work session dealing with the Public Works department. The motion was made by Councilman Dyda, seconded by Councilwoman Hein and carried unanimously. (.517-4Z:et,e4.) MAYOR LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL Air ft" Ar 4 I CLE' ;, CITY COUNCIL -5- January 2, 1980