CC MINS 19800617 M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JUNE 17, 1980
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 to the flag, roll call was answered as follows:
PRESENT: BACHARACH, DYDA & MAYOR HEIN
LATE ARRIVAL: SHAW @ 7:40 P.M.
ABSENT: RYAN
Also present were City Attorney Michael Jenkins, Acting City Manager Sharon W.
Hightower, Administrative Assistant Julie Christensen, Acting Director of Plan-
ning Gary Weber, Director of Public Works Maynard Crowther, Director of Parks &
Recreation Maynard Law, Director of Community Services Tom Bandy, Administrative
Services Officer George Wunderlin and Deputy City Clerk Mary Jo Lof thus.
APPROVAL OF AGENDA: The following items were added to the
agenda: Contract Cities (Hein) , Dial-
A-Ride (Bacharach) and U. S. Conference of Mayors (Hein) . The Agenda as amended
was adopted on motion of Councilman Dyda, seconded by Councilwoman Bacharach and
carried.
WAIVER OF FULL READING Councilman Dyda moved, seconded by
OF ORDINANCES &RESOLUTIONS Councilwoman Bacharach and carried 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 councilmembers after the reading of the title, unless
specific request was made at that time for the reading of such ordinance or resolu-
tion.
# # #
CONSENT CALENDAR After removal of the Minutes of May 20
and June 4, and Item Nos. 8, 9 and 11,
the Consent Calendar was approved on motion of Councilman Dyda, seconded by Council-
woman Bacharach as follows:
RESOL. NO. 80-46 ADOPTED RESOLUTION NO. 80-46 OF THE
REGISTER OF DEMANDS CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES ALLOWING CERTAIN CLAIMS
AND DEMANDS IN THE SUM OF $535,931.22,
DEMAND NUMBERS 8016 THROUGH 8081.
CLAIM OF SO. CALIFORNIA Rejected the claim of Southern California
EDISON CO. AGAINST THE Edison Co. against the City as provided
CITY (303) in Government Code Section 912.6.
CLAIM OF ROBERT E. SHERRATT Rejected the claim of Robert E. Sherratt
AGAINST THE CITY (303) against the City as provided in Government
Code Section 912.6.
CLAIM OF ARCHER & WANZA Rejected the claim of Archer and Wanza
ZAMLOCK AGAINST THE CITY (303) Zamlock against the City as provided in
Government Code Section 912.6.
CLAIM OF LAWRENCE & LOURDES Rejected the claim of Lawrence & Lourdes
WAN AGAINST THE CITY (303) Wan against the City as provided in Gov-
ernment Code Section 912.6.
DEL CERRO ROAD EASEMENT Approved the road easement, authorized
(450) the Mayor to sign and the City Clerk
to attest; accepted the road easement
and directed the City Clerk to record.
RELEASE OF STREET IMPROVEMENT Accepted the work and released the bonds.
& DRAINAGE BONDS FOR TRACT NO.
32677 (1411)
The motion to approve the Consent Calendar as amended carried on the following roll
call vote:
AYES: BACHARACH, DYDA & MAYOR SHAW
NOES: NONE
ABSENT: RYAN & SHAW
(Councilwoman Shaw arrived 7:40 P.M.)
CODE AMENDMENT NO. 9 - Associate Planner Thompson presented
FENCES (1801) the staff memorandum of June 17, 1980
which summarized Council's direction
to staff at the June 4, 1980 meeting: (1) permit six foot fences to be built in
the front and street-side setback areas with approval of a minor exception permit,
(2) apply the fifty (50) percent setback reduction provision to fences built on
hillside lots, and (3) minor language changes to the sections concerning combined
fences, walls and hedges.
Council then proceeded to discuss points "A" through "E" of the staff memorandum
and made the following motions. Councilman Dyda moved, seconded by Councilwoman
Shaw to strike "C" (Will not obstruct surrounding views.) The motion carried un-
animously.
Councilman Dyda moved, seconded by Councilwoman Bacharach to amend criteria "B"
as follows: ". . .sight over or through the fence will be maintained for safety
and to preserve a significant portion of the primary view as defined in Section
9113 C of the Development Code." The motion carried unanimously.
Council then discussed criteria "D" and how "compatibility" and "neighborhood" should
be defined. Councilwoman Bacharach moved, seconded by Councilwoman Shaw to delete
"D" as a criteria for this ordinance. The motion carried unanimously.
Councilwoman Bacharach moved, seconded by Councilman Dyda to approve Criteria "A",
"B" as amended,and "E" as criteria for this ordinance and send back to the Planning
Commission for review. The motion carried unanimously.
PUBLIC HEARINGS:
ADOPTION OF 1980-81 FISCAL Mayor Hein declared the hearing open on
YEAR BUDGET (602) the adoption of the 1980-81 Budget and
the City Clerk reported that notice had
been published.
Acting City Manager Hightower presented a brief overview of the various expen-
ditures included in the 1980-81 budget: General Fund expenditure of $2.3 mil-
lion, Highway and Transportation Fund consisting of $1.8 million for future pro-
grams, Parks & Recreation fund for $2 plus million, and Equipment Replacement
Fund purchase of a replacement truck. Total expenditures budgeted are $6.4 mil-
lion, much of which has been built-up over the years for use on capital projects.
Representing the Mesa Palos Verdes Homeowners Association was John Arand, 5731
Mistridge Drive, who requested that the Council consider including monies in the
budget for the landscaping of Whitley Collins Drive.
Jeanette Mucha, 5538 Littlebow, president of the Rancho Palos Verdes Homeowners
Council, requested landscaping of the Highridge Medians.
Robert Newbold, 5400 Montemalaga Drive, requested that Montemalaga residents be in-
formed of what is happening with the median strip on Montemalaga Drive.
CITY COUNCIL -2- June 17, 1980
Since changes had been made to the adopted budget, it was the consensus of
Council to continue the Public Hearing to July 1, 1980 so that more information
on the budget could be made available to the public. Councilwoman Shaw so moved,
seconded by Councilwoman Bacharach and carried.
GENERAL PLAN AMENDMENT NO. 6 - Mayor Hein declared the hearing open and
LOCATION: 980 SILVER SPUR ROAD the City Clerk reported that notice had
(701) been published. Associate Planner Thomp-
son presented the staff memorandum of
June 17, 1980 which outlined this change
to the General Plan land use designation from commercial office to commercial retail.
Based on the benefits of having a coordinated and well planned project that can be
achieved with this designation, the Planning Commission recommended this amendment.
Further, the Commission recommended that the Council remove the existing Natural
Overlay Control District because the site does not exhibit the resource criteria as
described in the General Plan and that the existing urban overlay control district
is a more appropriate overlay district providing adequate development control for
the site. Both staff and the Commission recommended that the City Council approve
the General Plan Amendment No. 6 pursuant to the proposed resolution.
With the use of aerial photographs of the area, he pointed out that a portion of the
ownership was located within the City of Rolling Hills Estates.
Council raised several questions regarding the environmental assessment for the
ultimate development of the site: who would prepare the report, and since two cities
are involved who would be the lead agency. After further discussion, it was de-
termined that Rancho Palos Verdes will be the lead agency; each city will be respon-
sible for its own permit process and it has been agreed that both cities will coordi-
nate efforts as much as possible.
Responding to the Mayor's call for public testimony was the applicant Albert Levitt,
who requested Council's concurrence with the Planning Commission recommendation.
Also responding were William H. Williams, 4928 Golden Arrow Drive; Dan Koehler,
4944 Golden Arrow Drive, and Judy Colburt, 38002 Seashell Way. These residents ex-
pressed concern about the traffic impact; the stability of the land in that area;
the exits that would be installed on Deep Valley Drive and who will be responsible
for the traffic lights on that drive.
There being no further response to the Mayor's call for public testimony, she de-
clared the hearing closed.
As a result of discussion of the proposed resolution, Council proceeded to make the
following motions: Section 2. - Councilman Dyda moved, se-
conded by Councilwoman Bacharach to add Subparagraph (d) as follows: "The existing
urban overlay district is appropriate and provides adequate development controls.
The motion carried. Section 3. - Councilman Dyda moved, seconded by Councilwoman
Bacharach to add the following to the last sentence: ". . . and retain the urban
overlay district." The motion carried.
RESOLUTION NO. 80-47 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT NO. 6 OF THE CITY OF RANCHO PALOS
VERDES was read by title and ADOPTED AS AMENDED ON motion of Councilman Dyda,
seconded by Councilwoman Shaw and carried.
RECESS At 9:00 P.M. Mayor Hein declared a brief
recess. The meeting reconvened at 9:15
with the same members present.
TENTATIVE TRACT MAP NO. 35040 Mayor Hein opened the public hearing and
APPROVAL OF FINAL TRACT MAP (1411) the City Clerk reported that notice had
been published and mailed.
Acting Planning Director Weber presented the staff memorandum of June 17, 1980 which
described this application for approval of a tentative tract map to subdivide a 15.19
acre site into a 60-unit residential planned development. The proposed development
would allow for attached single family dwelling units, common open space, recreation
facilities, public roads, and other features and improvements required by the Code.
Zoning on the property is Residential Single Family, 4 dwelling units per acre (RS-4)
and is within the Coastal Specific Plan District. Pursuant to the Development Code,
the Planning Commission held public hearings on the conditional use permit and ten-
tative tract map. After numerous hearings and careful consideration of the proposal,
the Commission approved CUP No. 51 on May 27, 1980 and has recommended approval of
CITY' COtNCIL
June 17, 1980
the tentative map. Both staff and the Commission recommend that the Council approve
this tentative tract map, subject to the conditions listed in Exhibit "A" of the
draft resolution.
With the use of photographs and drawings of this project, Director Weber explained
some of the concepts incorporated in its planning: preservation of the view across
Palos Verdes Drive South; maintenance of the natural contour of the land; and use of
solar power in the pool area during part of the year. He also noted changes to con-
dition numbers 25 and 33 of Exhibit "A" to the proposed resolution: the fee amount
in Condition No. 25 was corrected to reflect a sum of $212,073 and Condition No.
33 was changed to indicate a cash deposit not to exceed $6,000 unit.
Council discussion then included comments about the use of solar energy for heating
the pool, the required use of street lights in this project, whether the homeowners
association should be required to allow membership in the association in the event
the parcel located at the southeast corner of Palos Verdes Drive South and Seawolf
Drive is developed, and how this requirement could be imposed upon the association.
Roy Young, architect for the project, 118 So. Catalina Avenue, Redondo Beach, told
the Council he was present to answer their question. He suggested amending the CUP
to facilitate the future use of the acess easement.
Tim Burrell, 4038 Exultant Drive, questioned Condition No. 33 of Exhibit "A" to the
proposed resolution and said it is an item that should be given more study by the
Council.
There being no response to the Mayor's call for additional public testimony, she
then declared the hearing closed.
Councilman Dyda moved, seconded by Councilwoman Bacharach and carried to direct staff
to contact the developer to see if he is willing to change the CUP to include a pro-
vision that the homes association include that corner lot in its membership. The
motion carried unanimously.
Councilman Dyda moved, seconded by Councilwoman Bacharach to amend Condition No. 31
to include a statement that the CC&R's include a provision whereby the homes as-
sociation will agree to accepting that property at a future date within the homes
association. The motion carried unanimously.
Further Council discussion ensued regarding the question of deposits posted, the in-
terest earned on such deposits, who should benefit from it, and the formula used in
determining the amount of deposit.
Councilwoman Shaw moved, seconded by Councilwoman Bacharach and carried to amend the
eighth line of Condition No. 33 of Exhibit "A" of the proposed resolution as follows:
"Said bonds fees with interest earned shall be returned to the developer . . . ."
RESOLUTION NO. 80-48 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING
TENTATIVE TRACT NO.35040 was read by title and ADOPTED as amended on motion of
Councilman Dyda, seconded by Councilwoman Shaw and carried.
Further discussion followed and the suggestion was made that savings accounts be es-
tablished by cUevelopers in the City's name for these deposits, or if this matter should
go to staff for further study and recommendation at a later date.
Councilman Dyda moved, seconded by Councilwoman Bacharach to direct staff to come
back with a mechanism for holding funds for future projects in such a manner that the
City does not profit nor is it penalized by inflation. This recommendation is to be
brought back at the second meeting in July. The motion carried unanimously.
CHANGE IN AGENDA Councilman Dyda moved, seconded by
Councilwoman Shaw and carried to reopen
the agenda, Councilman Dyda moved, seconded by Councilwoman Shaw and carried to dis-
cuss Item No. 18 after completion of Item No. 16.
AD HOC COMMITTEE RECOMMENDATIONS Councilwoman Bacharach reviewed the
REGARDING CITY ATTORNEY BILLING committee's recommendations covering the
(103) City Attorney billings.
CITY COUNCIL -4- June 17, 1980
After some comments by the Council regarding these recommendations, Councilwoman
Shaw moved, seconded by Councilman Dyda to approve the four recommendations listed
as policy. The motion carried unanimously.
WAYFARERS CHAPEL REQUEST THAT PORTABLE Acting Director Weber told the Council
INFORMATION BOOTH BE EXEMPT FROM that staff recommended that this request
MORATORIUM (1801) be referred to staff for review and con-
sideration of including this in the mor-
atorium ordinance.
Council discussed if a geologic inspection should be made and a report filed with
the City and who would pay for such a geology review.
Speaking in favor of this exemption was Harvey A. Taf el, Chapel Minister. Because
the church has over one-half million visitors each year, he felt that it was neces-
sary for them to have a portable information booth.
Councilwoman Shaw's motion to refer this request to the staff to include a review
by the City geologist died for lack of a second. After further discussion of the
procedure for handling the request, she proposed a new motion, seconded by Council,.
woman Bacharach and carried to refer this matter to staff and request that they
make a recommendation to the Council at the July 1st meeting. In the event a recom-
mendation cannot be made at that time, they should indicate a date when such a recom-
mendation can be made. The motion carried unanimously.
(At 10:55 P.M. the City Attorney left the meeting.)
LEGISLATION (306) SB418 - Councilman Dyda reported on the
provisions of this legislation which re-
quires residential units be made a part of commercial, developments in redevelopment
projects. He felt this was an inappropriate provision which eroded local controls
and recommended sending a letter to the appropriate agencies expressing these sen-
timents. He so moved, seconded by Councilwoman Shaw and carried.
SB937 - Councilman Dyda reported on this
bill which is designed to prevent "double dipping" of retirement systems. He moved,
seconded by Councilwoman Shaw to support this bill. The motion carried unanimously.
CONTRACT CITIES - DISTRIBUTION OF Referring to a recent memorandum from the
REVENUE SHARING (601) League regarding possible loss of revenue
sharing funds.Councilman Dyda moved,
seconded by Councilwoman Shaw to have the City submit a revised RS8 survey form to the
Census Bureau. The motion carried unanimously.
DIAL-A-RIDE (1201) Councilwoman Bacharach reported that a
grant of $42,000 has been approved for
the Dial-A-Ride system on the Peninsula.
The program should be in operation within a couple of months.
MAYORS CONFERENCE (306) Mayor Hein briefly reported on her at-
tendance at the Mayors' Conference in
Seattle.
CHANGE IN AGENDA Mayor Hein moved to reopen the agenda.
The motion was seconded by Councilwoman
Shaw and carried. Councilman Dyda moved, seconded by Councilwoman Shaw to hear Item
No. 11 as the next item of business. The motion carried.
INSPECTION SERVICES FOR PALOS Director Crowther presented the staff
VERDES DRIVE SOUTH (MARINELAND) memorandum of June 17, 1980 and Assistant
AMENDMENT TO AGREEMENT WITH Director Jelten reviewed the chronological
ALDERMAN, SWIFT & LEWIS - (1804 x 1404) sequence of events dealing with inspection
of construction activities on Palos Verdes
Drive South at Marineland. Staff requested that Council approve an amendment to the
February 5, 1980 agreement with Alderman, Swift and Lewis Consulting Engineers to pro-
vide for a maximum payment of $14,850.00 for construction inspection and other related
engineering services.
Council discussion then centered on the reasons for the delay in performing these
CITY COUNCIL -5- June 17, 1980
inspection services, and why provision for soils testing was not a part of the
original agreement.
Speaking on behalf of Maririeland was General Manager Richard Smith, 6671 Crest Road.
Mr. Smith disputed some of the staff's schedule of events of the construction.
Further Council discussion took place regarding the actual number of days spent in-
specting the storm drain and how it was planned with the other work to be done on
the site.
Representing Alderman, Swift and Lewis was Richard Smith, 1201 E. Warner Avenue,
Santa Ana who also spoke to the issue of the job inspection schedule.
Councilman Dyda moved, seconded by Councilwoman Shaw, to forgive the soils testing
inspection cost for $1,000 ; require a recalculation of the deposit based on the
best information that the staff can get to cover anticipated inspection based
on the schedule provided and bill actual costs. The motion carried on the follow-
ing roll call vote:
AYES: SHAW, BACHARACH, DYDA & MAYOR HEIN
NOES: NONE
ITEMS REMOVED FROM THE CONSENT CALENDAR:
MINUTES OF MAY 20 Councilwoman moved, seconded by Mayor
Hein and carried that the minutes of
May 20th be amended as follows: Coastal Commission Meeting, second line of that
discussion after the word "Meeting" add: "He nominated Mayor Hein as his alternate
to that Commission subject to confirmation of the Los Angeles Division of the League
of California Cities. The minutes of May 20th as amended were approved on motion of
Councilwoman Bacharach, seconded by Councilman Dyda and carried.
MINUTES OF JUNE 4 Councilwoman Bacharach moved, seconded by
Councilman Dyda and carried to correct the
minutes to reflect the fact that Resol. No. 80-45 was removed from the Consent Calendar
and considered later in the meeting.
Councilman Dyda moved, seconded by Mayor Hein and carried that in the future the min-
utes of committee and commission selection not indicate the number of rounds of voting
but rather whether a member was elected by unanimous ballot. Page 6 - FAU Funds - 1st
paragraph, second line after the word "operations:" Councilwoman Bacharach requested
that the following be added: "from regional or local allocation of FAU Funds. The
motion was seconded by Councilman Dyda and carried. 2nd paragraph, first line add
the following: ". . .oppose the 70/20-10 allocation. . . ." Councilman Dyda moved
this amendment seconded by Mayor Hein and carried. Fourth paragraph, second line
amend as follows: ". . .FAU funds and the present FAU committee becoming advisory."
Councilwoman Bacharach moved this amendment, seconded by Councilman Dyda and carried.
Councilwoman Bacharach moved, seconded by Councilman Dyda to approve the minutes of
June 4 as amended. The motion carried.
ADDENDUM TO PUBLIC WORKS It was the consensus of Council that it
MANAGEMENT SERVICES CONTRACT would be inappropriate to take any ac-
tion on this matter at this time.
CONTRACT FOR PAVEMENT REPAIRS First paragraph, second line Page 7,
(1405) of the proposed contract with Vernon
Paving Company was amended by adding
the following: "If overruns result in the 30% being greater than the retention,
the remaining balance shall come from the costs." Councilman Dyda so moved, seconded
by Councilwoman Shaw and carried. The NOTE on Exhibit "A" was amended by striking
the second sentence. Councilman Dyda so moved seconded by Councilwoman Bacharach
and carried unanimously. On motion of councilman Dyda, seconded by Councilwoman Bach-
arach, Council approved the contract as amended and authorized the mayor to sign. The
motion carried on the following roll call vote:
AYES: SHAW, BACHARACH, DYDA & MAYOR HEIN
NOES: NONE
CITY COUNCIL -6- June 17, 1980
ADJOURNMENT: At 12:40 on motion of Councilman Dyda,
seconded by Councilwoman Shaw, and car-
ried council adjourned to Saturday, June 21st at 8:00 A.M. for a discussion of the
Civic Center.
MAYOR
ATTEST:
SHARON W. HIGHTOWER, ACTING CITY CLERK
AND EX OFFICIO CLERK OF THE COUNCIL
019 Asehg._._.i - •
// ir C '.14 CLERK
CITY COUNCIL -7- June 17, 1980