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CC MINS 19800115 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JANUARY 15, 1980 The meeting was called to order at 7:40 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, HEIN, DYDA & MAYOR SHAW ABSENT: NONE Also present were City Attorney Patrick Coughlan, City Manager Leonard G. Wood, Director of Planning Sharon W. Hightower, Director of Public Works Maynard Crowther, Director of Parks and Recreation Maynard Law, Administrative Services Officer George Wunderlin and Deputy City Clerk Mary Jo Lof thus. CEREMONIAL MATTER Mayor Shaw presented to Trish Hanelin, Administrative Assistant to the City Manager a commemorative proclamation in recognition of her employment with the City from October 15, 1975 to January 18, 1980. APPROVAL OF AGENDA The following items were added to the agenda by Councilman Dyda: status reporting and a report on the dewatering project and safety considerations. Since the representative from Supervisor Ward's office would not be making a presentation regarding the Sunset Coast Line Proposal, it was the consensus of Council to discuss the school closures in its place. The Agenda as amended was approved on motion of Councilwoman Hein, seconded by Councilman Dyda and unanimously carried. WAIVER OF FULL READING OF Councilman Dyda moved, seconded by ORDINANCES & RESOLUTIONS Councilman Buerk, 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. 1 and 5 the the remainder of the Consent Calendar was approved as follows on motion of Councilman Buerk, seconded by Councilman Dyda. RESOL. NO. 80-4 ADOPTED RESOLUTION NO. 80-4 OF THE CITY REGISTER OF DEMANDS COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $576,530.29, DEMAND NUMBERS 7250 THROUGH 7317. EL PRADO RECREATION & Appointed W. Day Dorland and Rolf M. PARK DISTRICT Sannes to the office of Director of El (1201) Prado Recreation and Park District for full terms of office ending November 25, 1983. CLAIM OF BEVERLY DALSIMER Rejected the claim as provided in Govern- AGAINST THE CITY ment Code, Section 912.6. (303) RESOL. NO. 80-5 ADOPTED RESOLUTION NO. 80-5 OF THE CITY APPROVING VARIANCE NO. 41 COUNCIL OF THE CITY OF RANCHO PALOS (1804) VERDES APPROVING VARIANCE NO. 41. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: RYAN, BUERK, HEIN, DYDA & MAYOR SHAW NOES: NONE SCHOOL CLOSINGS Expressing their opposition to the closing (1401) of certain schools in the City were the following residents: Dr. Jerald Simon, 4272 Stalwart Drive; Sally Murphy, 26953 Springcreek Road; Al Pakkala, 26754 Hyte Road; Jack Jacobs, 3570 Heroic Drive; Ken Miller, 4370 Admirable Drive, and Yen Vincent, 3931 Palos Verdes Drive South. They expressed concern about the traffic hazards involved in the children having to travel farther distances to school; questioned the attendance zones drawn up by the school board and inquired if an EIR would be issued because of the impact of the closures. During discussion of this matter Council made several suggestions which they felt should be considered by the school board before closing any of the schools: extend these schools through the eighth grade, have cities perform ground maintenance and work with the School Board on a committee basis to study this issue and its effect on the whole community. Councilman Dyda moved, seconded by Councilman Buerk to authorize the Mayor to contact other Peninsula mayors to form a group to explore what assistance the School Board may need to help solve the problem. The motion carried unanimously. Councilman Ryan moved, seconded by Councilman Dyda to address a letter to the School Board offering support in any way that they see fit. The motion carried unanimously. It was the consensus of Council that this letter should ask the board to postpone any irreversible decision this year so there will be time to study the situation and perhaps solve the problem. RECESS At 8:45 P.M. Mayor Shaw declared a recess. At 8:50 P.M. the meeting reconvened with the same members present. PALOS VERDES DRIVE SO. Director Crowther summarized the January NEAR FORRESTAL 15, 1980 supplemental report which (1503) x (902) outlined the results of the Traffic Committee's meeting and on-site reviews of this intersection. With the use of drawings indicating the design of the temporary transition road and its ultimate design, he explained that the temporary transition lane had not been constructed to design; the contractor will be required to make this correction. After Council discussion, Councilman Ryan moved, seconded by Councilman Dyda that the City Attorney research bonding of improvements against future develop- ment. The motion carried unanimously. Jack Jacobs, 3570 Heroic Drive, requested that something be done to the surface of the street to aid traction and that a left turn lane be installed. Additionally, he requested barracading the two recently constructed roads that service the tract being developed. APPEAL OF SIGN PERMIT Director Hightower summarized the staff NO. 53Y report of January 2, 1980 which recommended (1804) that this sign permit be denied and that the appellant be required to remove two sides of the sign. Theappelant, Phil Napolitan, 31244 Palos Verdes Drive South, distributed photo- graphs of his Film 'N' Foto kiosk as it presently exists and photographs of the Planning Commission's recommendation for his signage. He felt that their recommen- dation would not afford adequate identification for his business. After Council review of these pictures, Councilman Buerk moved, seconded by Councilman Ryan that the appeal be granted provided that fifty percent of the area of the signage is eliminated. The motion carried on a three - two vote with Mayor Shaw and Councilman Dyda voting in opposition. REPORT ON EXPERIMENTAL Director Hightower summarized the staff DWELLINGS IN THE LANDSLIDE report of January 15, 1980 and its AREA accompanying charts which listed existing (1801) policies and regulations dealing with experimental dwellings in the landslide area. City Council -2- January 1 5 , 1980 Councilman Dyda moved, seconded by Councilwoman Hein to restrict experimental dwellings to the active slide area only. The motion carried unanimously. Councilman Dyda moved, seconded by Councilman Ryan that these experimental dwellings be limited to dwellings previously existing in the slide area on or after the date of incorporation. The motion carried unanimously. Councilman Dyda moved, seconded by Councilwoman Hein to notice the homeowners associations and adjacent property owners of permanent dwellings. The motion carried unanimously. Councilman Dyda moved, seconded by Councilwoman Hein, to delete the requirement for a public hearing by the Planning Commission. The motion carried unanimously. Councilman Dyda moved, seconded by Councilman Buerk to direct staff to develop a separate code section for the slide area including a preamble for that section. The motion carried unanimously. Councilwoman Hein moved, seconded by Councilman Ryan that staff should prepare recommendations for codifying all City Council policies regarding the moratorium and slide area problems. The motion carried unanimously. Councilman Buerk moved, seconded by Councilman Dyda to delete No. 10 (not introduce any more ground water than previous dwelling) . The motion carried unanimously. COUNCIL/PARKS & RECREATION Council set January 21, 1980 at 7:30 P.M. JOINT WORK SESSION as time and date for a joint work session with the Parks & Recreation Committee SOUTH BAY JUVENILE Mayor Shaw briefly explained the financial DIVERSION status of this program and the reasons (1705) for requesting Council's adoption of the proposed resolution. She said that its adoption would not commit the City to any financial expenditure. Councilman Ryan moved, seconded by Councilman Buerk to send a letter to the County indicating the City's support for this program. This letter will incorporate the sense of the proposed -resolution The motion carried unanimously. SALES TAX PROPOSITION Referring to the sales tax proposition FOR MINICIPAL ELECTION contained in the agenda package, Council- (1501) x (501) man Dyda moved, seconded by Councilman Buerk to place this advisory proposition on the ballot for the April 8, 1980 election. The motion carried unanimously. To allow for arguments for and against this proposition it was the consensus of Council that Councilman Dyda should author the supporting argument and it would be cosigned by the entire council. RESOLUTION NO. 80-6 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AUTORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE was read by title. Councilman Buerk moved, seconded by Councilman Dyda to ADOPT RESOLUTION NO. 80-6. The motion carried unanimously. Councilman Dyda moved, seconded by Councilman Ryan to allow ten days for arguments for and against this proposition with ten days for rebuttals. The motion carried unanimously. STATUS REPORTING After a brief discussion of the follow-up procedure to be followed on reporting the status of unfinished business, it was the consensus of Council that staff should prepare a recommendation for the next meeting. REPORT ON DEWATERING PROJECT & Councilman Dyda reported that the City SAFETY CONSIDERATIONS had received a description from the Abalone (1801) Cove Homeowners of the three hour warning procedure in case of a pipeline failure in the vicinity of the dewatering pipeline across Palos Verdes Drive South. City Council -3- January 15, 1980 This proposal stated that the ground area in the immediate vicinity of the crossing, where favorable slope does not presently exist, would be graded to drain any substantial leakage water into the culvert that now carries Altamira Canyon water under the highway. To prevent failure, the pipeline under the highway will be encased in 12" steel casing. The south end of the casing will be sealed so leakage water will backflow to alarm the sensor sump near the north end of the casing. The north end will be partially sealed to keep out rain, but will be open 180° to permit leakage water to drain into the culvert. To effect a three-hour warning to enable the pumps to shut off, a water sensor will be installed in the casing sump that will energize a highly visible strobe warning light at the Community Association access gatehouse. Ten or more residents will be trained in the total system operation and an emergency call list will be posted at the gatehouse. Councilman Dyda moved, seconded by Councilwoman Hein to accept this approach as a means to meet the intention of the requirements. The motion carried unanimously. ORDINANCE NO. 127 ORDINANCE NO. 127 OF THE CITY OF RANCHO RELATING TO BUILDING PALOS VERDES RELATING TO BUILDING AND AND GRADING PERMITS GRADING PERMITS AND AMENDING THE RANCHO (1801) PALOS VERDES MUNICIPAL CODE was read by title. Councilman Ryan moved, seconded by Councilman Dyda to waive further reading and INTRODUCE ORDINANCE NO. 127. The motion carried unanimously. DEADMAN/BARKENTINE Since the letter from the City Engineer CANYONS was received just prior to the meeting, City Manager Wood suggested that Council review its contents and make their comments to him prior to his meeting with the county. ITEMS REMOVED FROM THE CONSENT CALENDAR: MINUTES OF JANUARY 2, 1980 Montemalaga Drive Medians, Page 2: Change the second paragraph as follows: . . . . . .. indicating his recommended markings for Montemalaga Drive." Fourth paragraph, third line, change as follows:". . .to those indicated in Councilman Dyda's sketch. . ." Councilman Ryan moved, seconded by Councilwoman Hein to approve the minutes as amended. AGREEMENT FOR DESIGN After making minor corrections and changes OF DEL CERRO PARK to the proposed agreement with Kammeyer (1201) and Partners, Councilman Dyda moved, seconded by Councilman Ryan the changes and approval of the agreement with Kammeyer and Partners for the design through constructions drawings of Del Cerro Park for a direct cost and fee of $63,621. The motion carried on the following roll call vote: AYES: RYAN, BUERK, HEIN, DYDA & MAYOR SHAW NOES: NONE REGISTER OF DEMANDS: Councilman Dyda moved, seconded by Councilman Ryan to move reopen the agenda to consider an item on the Register of Demands. The motion carried unanimously. Payment to Willdan Councilman Dyda moved, seconded by (1403) Councilwoman Hein to hold payment of this progress payment to Willdan until the subcommittee recommends and Council approves the payment. The motion carried unanimously. Councilman Buerk moved, seconded by Councilman Ryan to ask the Public Works Director to write a letter to Willdan explaining the delay in issuing this report. The motion carried unanimously. RECESS TO EXECUTIVE SESSION At 10:30 P.M. Councilman Buerk moved, seconded by Councilman Ryan to recess to executive session for discussion of pending litigation. City Council -4- January 15 , 1980 At 11:14 P.M. the meeting reconvened with the same members present. Councilman Dyda moved, seconded by Councilman Buerk, to authorize the City Attorney to file an amicus curiae brief on the Agins vs Tiburon case. The motion carried unanimously. ADJOURNMENT At 11:15 P.M. the meeting adjourned to January 21 at 7:30 P.M. for a meeting with the Parks & Recreation Committee on motion of Councilman Buerk, seconded by Councilwoman Hein and unanimously carried. a-i■ 4 CV--ett) MAYOR LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL /tqV 7L1 ,.t /. �.�'tL ' T,CLE' AI III City Council -5- January 15 , 1980