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CC MINS 19800304 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 4, 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. After the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: RYAN, HEIN, DYDA & MAYOR SHAW LATE ARRIVAL: BUERK @ 7:41 P.M. Also present were City Attorney Patrick Coughlan, City Manager Leonard Wood, Director of Planning Sharon Hightower, Director of Public Works Maynard Crowther, Community Services Officer Tom Bandy, Administrative Services Officer George Wunderlin and Deputy City Clerk Mary Jo Lofthus. APPROVAL OF AGENDA The following items were added to the agenda: RV's in Friendship Park (Ryan); Upper Rockinghorse Road (Ryan); Hawthorne Boulevard/Grayslake Area Divider (Dyda); Federal Disaster Relief Assistance (City Manager) and, Rockinghorse Geology Survey (City Manager). Item number 11 was tabled until the next meeting. The amended agenda was approved on motion of Councilman Ryan, seconded by Councilwoman Hein and unanimously carried. WAIVER OF FULL READING OF Councilman Dyda moved, seconded by RESOLUTIONS & ORDINANCES Councilman Ryan, to wai va:reading in full of all ordinances and resolu- tions adopted at this meeting with the consent to the waiver of reading to be deemed to be given by all members of the 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, 6, 9 and 10, Councilwoman Hein moved, seconded by Councilman Dyda to approve the Consent Calendar as follows: RESOL. NO. 80-17 RESOLUTION NO. 80-17 OF THE CITY REGISTER OF DEMANDS COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $213,728.31, DEMAND NUMBERS 7445 THROUGH 7503. TRACT NO. 31617 Approved the work and released the RELEASE OF SEWER AGREEMENT agreement. Following expiration of (1411) the statute of limitations and if no claims have been made to the City, the Public Works staff will release the Labor and Materials Bond. TRACT NO. 31617 Found that all the work had been APPROVAL OF WATER SYSTEMS completed as required by the agree- (1411) ments; released the subdivision water system agreements between the City and the subdivider; released the surety bonds as recommended by the City Engineer. TRACT NO. 33358 Found that all the work has been RELEASE OF WATER SYSTEM completed as required by the agree- AGREEMENT (1411) ment; released the subdivision water system agreement between the City and the subdivider; reduced the cash deposit by $34,000 as recommended by the City Engineer. AMENDMENT TO CLAIM BY Rejected the amendment to all forty- PORTUGUESE BEND HOMEOWNERS six claims as provided in Government ( 303) Code Section 912.6. AGREEMENT WITH PALOS VERDES Approved the Community Recreation UNIFIED SCHOOL DISTRICT Program Agreement with the Palos FOR USE OF FACILITIES Verdes Unified School District for (1201) fiscal year 1980-81. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: BUERK, RYAN, HEIN, DYDA & MAYOR SHAW NOES: NONE # # # # # PUBLIC HEARING WEIGHT LIMITATION ON Mayor Shaw declared the hearing open MONTEMALAGA - ORDINANCE for prohibiting the use of Montemalaga NO. 129 (1502) Drive from Silver Spur Road westerly to the City limits by vehicles which exceed a maximum gross weight of 6,000. The City Clerk reported that notice of this hearing had been duly published. The Public Works Director summarized the staff report of February 26, 1980, which recommended that the Council introduce the proposed ordinance and pass to a second reading. The following residents of Montemalaga Drive were present and indicated that they would speak on the matter only if there was opposition to this weight limitation: Del Horton, 5434 Montemalaga; Elizabeth Hazeltine, 5502 Montemalaga; and, Robert Newbold, 5400 Montemalaga. Since there was no additional response to the Mayor's call for testimony, she then declared the hearing closed. ORDINANCE NO. 129 OF THE CITY OF RANCHO PALOS VERDES RESTRICTING THE USE OF CERTAIN STREETS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was read by title. Councilman Dyda moved, seconded by Councilman Ryan, to waive further reading and INTRODUCE ORDINANCE NO. 129. The motion carried unanimously. OFF SHORE AIRPORT Councilwoman Hein reported that the (1505 ) cities not affected by this airport were strongly in favor of it being built. Considering its proximity to the Peninsula and the amount of air traffic that it would be handling, she urged the Council to oppose this facility and so moved. The motion was seconded by Councilman Dyda. After further discussion of the proposed air patterns and the resulting noise, with the permission of the second, she amended the motion to include that a resolution in opposition to this airport and an accompanying letter be sent to cities throughout the SCAG region. The motion as amended carried unanimously. AB2212 - PROPERTY TAX Administrative Services Wunderlin REVENUE TRANSFERS explained that the proposed amendment (105) to this bill would not effect any annexation pending prior to February 1, 1980. As a result of additional Council discussion regarding proposed formulas for the division of property taxes, Councilman Dyda moved, seconded by Councilman Buerk to table this until the Council gets further information and to monitor the progress of this bill. The motion carried unanimously. COUNCIL -2- March 4, 1980 RECREATIONAL VEHICLES IN As a result of complaints he had FRIENDSHIP PARK received regarding RV's going into Friend- (1201) ship Park, Councilman Ryan inquired if the City could ask the aid of the City of Los Angeles in barricading entrances along Western Avenue. He then moved, seconded by Councilwoman Hein to contact the City of Los Angeles and request that they do some barricading. The motion carried unanimously. UPPER ROCKINGHORSE ROAD - MAINTENANCE OF Councilman Ryan reported that people (1403) PRIVATE STREETS living on lower Rockinghorse Road have inquired about what the City can do to persuade the residents of Upper Rockinghorse to maintain their privately owned street. Planning Commissioner Mel Hughes, 28017 San Nicolas Drive, told the Council about a lot split currently being considered by the Commission where the issue of private streets was raised; the Commission is concerned whether they should consider the safety and condition of private streets in making a decision on the lot split. He suggested the City Attorney study this issue. Council discussion included concern for city-owned vehicles and sheriff's cars that have to traverse these ill-kept streets and also the liability incurred by the residents should an accident occur. Since there is no way to force the residents to take care of privately owned streets, the City Attorney suggested the possible formation of a district for such maintenance in the interest of health, safety and welfare. Councilman Dyda moved, seconded by Councilman Buerk, that taking into consideration Council's concerns, staff should report back at the next meeting on how long it would take to research this matter. The motion carried unanimously. HAWTHORNE BOULEVARD/GRAYSLAKE Councilman Dyda reported on his AREA DIVIDER (1404) receipt of a letter from a resident requesting that the City do something to improve the condition of this divider. He moved that staff review the information contained in the letter and report back at the next meeting on how long it would take to prepare a proposal for alleviation of these problems. The motion was seconded by Councilwoman Hein and carried unanimously. The suggestion was made that consideration be given to the use of some noise attenuator. Councilman Dyda moved, seconded by Councilman Ryan to postpone audience questions until after the recess. The motion carried unanimously. CITY ROAD IMPROVEMENT POLICY Director Hightower outlined the (1403) three requests for a change in the policy regarding requirements for improvements to roads. These requests were received from Marineland, Design Synthesis and Eugene Slauta. She then summarized the staff report of March 4, which detailed the considerations and alternatives in making a change to this policy. She concluded that the present requirements not be changed and that the requests be denied. Tim Burrell, 4038 Exultant Drive, told the Council that he felt it was logical to impose a fee based on the amount of land owned. Richard Smith, General Manager of Marineland, 6671 Crest Road, referred to his February 13 letter requesting relief from the City's policy. He felt it was unnecessary to landscape the median and requested that this requirement be removed. John Corcoran, 28033 San Nicolas, told the Council that he was concerned about the requirements regarding improvements especially the maintenance of landscaping of the medians. -- COUNCIL -3- March 4, 1980 086T `47 uo1 lli -47- 'IIDNfOO •TpaddE age. q_upa2 TTOUno0 q_Bgf. papuamuooa,z JJ.pq_s •SuoTq_pOTJTpour 2uTpP.z2 JouTUI pine 'O2pJaAoo q-oT 'sa&uego goaq_Tgo.i e oq paq..TurTT a.IGM SUOTSTA J pasodo,zd au 7_2 'ON q_TuMzOd 0811 TBUO Mpu00 oq SuoTsTp0,z aAoaddu oq gsanaa sTgq.b (4108T) 2uTpap2oa q ioda•z j jpq.s '086T 086T 47 1.101 91/1 INHIIQNEW dO 'IVHddV - Oqq_ pazTJpuiurns JaMOq.g2TH Joq.OaJTQ 12 'ON ,LIWH d Hall `IVNOIZIQNOO 'Tpaddp age ssTUrsTp pip uoTssTurauoo 2uTuureTd aq_ JO uoTsToap age uraTjjp 04. paT,ii o 1cTsnomTupun pure up&j uuurTTOunoo papuooas 'paAour uuij uuUF[TounoQ 'JOAE J UT 2UTWA Bp.cc ulauTTounoO gq.TM agoi auo - ,znoJ B UO paTTej .10q4 BM age. 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JO UOT_UZTTBUTJ papnTOUT uagq_ uozssnOSTP TToun0O •.goTTod svf a2uego ATO auk- q--euq paq_sanba.z osue oqp ' Mg2TH q.spoO oTJToud sTpagq.u.Ks u2Tsa[ 'STAu { _R,LWI SBM '6���, •oN dW TOOJEd JO JGUMO am. 2uTwaSaadaH Representing the appellant was Larry Davis of Design Synthesis, 2802 Pacific Coast Highway. He told the Council that he did not have any new information and presented drawings of the proposed development. Because this project met all of the City's Coastal Plan and Development Code requirements, he felt that the Council should hear the appeal. Councilman Dyda so moved, seconded by Councilwoman Hein and unanimously carried. Mr. Davis proceeded to explain how the design of this development met the City's requirements insofar as mass and compatibility were concerned. He said that the houses conformed with height limitations, setbacks and open space requirements. Planning Commissioner Mel Hughes, pointed out how the size of these homes had enlarged; he felt the project had changed too much from the time of its original approval as a tentative tract and said it should be considered again by the Planning Commission from that stage. Council discussion then focused how ithis project would effect the traffic flow on Palos Verdes Drive South, the set back requirements, if some kind of buffer zone was required between the project and the Drive, whether this project was compatible with the neighborhood, and if the revision referred to in the January 5, 1980, letter from the West Portuguese Bend Community Association was the first or second revision. (It was determined to be the second revision. ) Also, concern was expressed about grading which could mitigate the problem of this - proposal. Councilman Buerk moved, seconded by Councilman Dyda to adopt the staff recommendation and grant the appeal. Planning Commissioner Harvey Brown, stated his concern for the changes that had taken place in the project from the time it was approved as a tentative tract map; he felt the structures were too massive. Further Council discussion ensued regarding the existing structures in that neighborhood and whether this project was compatible. The motion to adopt staff recommendation carried on a three - two vote with Councilmembers Hein and Ryan voting in opposition. ITEMS REMOVED FROM THE CONSENT CALENDAR: MINUTES OF FEBRUARY 19, 1980 Page 4, Appeal of Grading Application No. 400 - Councilman Dyda's motion to amend the fifth paragraph of that discussion failed on a three - two vote with Councilmembers Buerk, Ryan and Shaw voting in opposition. With the permission of the maker and the second, the second line of the sixth paragraph of that same discussion was changed as follows: "involves far less grading than a single lot in a new tract currently. . . . " Page 5, Grant Application for Coastal Funds - Councilman Dyda moved, seconded by Mayor Shaw to amend the second paragraph of that discussion as follows: ". . . the potential restrictions would not be irreversible prior to filing for the expended funds." The motion carried unanimously. II/ Page 6, Reconvene & Adjournment - Councilman Dyda moved, seconded by Councilwoman Hein to add the following: " . . . the meeting reconvened and Mayor Shaw reported that pending litigation was discussed in executive session. . . ." The motion carried unanimously. Councilman Dyda moved, seconded by Councilwoman Hein to adopt the minutes of February 19, 1980, as amended. The motion carried unanimously. RESOL. NO. 80-18 After clarification of Section 6 APPLICATION FOR GRANT FUNDS of that resolution, Councilman Dyda UNDER ROBERTI-Z'BERG moved, seconded by Councilwoman Hein (1201) and unanimously carried to ADOPT RESOLUTION NO. 80-18 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING THE APPLICATION FOR GRANT FUNDS UNDER COUNCIL -5- March 4, 1980 086T l goIBW -9- rIIONf00 •drIO I0 / /' te •r • i '• ■TyJ ri.. rIION1100 dHS dO NH= OIOIJJO Xd '8 Id110 CIO `QOOM 'D GHWNOirl d0 •icTsnourzueun paz. auo uozwur au •MOTA0.1 q.a2pnq aua.c-pzur aqq ssnoszp off. 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