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CC MINS 19781219 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 19, 1978 The meeting was called to order at 7:35 P.M. by Mayor Ken Dyda in the Palos Verdes Peninsula Unified School District Building at 30942 Hawthorne Boulevard. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: RYAN, BUERK, HEIN AND MAYOR DYDA II/ ABSENT: SHAW Also present were City Attorney Patrick Coughlan, City Manager Leonard G. Wood, Director of Planning Sharon W. Hightower, Director of Public Works Dennis Pikus, Director of Parks and Recreation Maynard Law, Community Services Officer Tom Bandy, Administrative Services Officer George Wunderlin and Deputy City Clerk Mary Jo Lofthus. APPROVAL OF AGENDA After addition of Sea Cove Drain (Dyda) and Newsletter (Dyda) the agenda was approved on motion of Councilman Buerk, seconded by Councilwoman Hein and carried unanimously. WAIVER OF FULL READING OF Councilman Buerk moved, seconded by 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 the title, unless specific request was made at that time for the reading R of such ordinance or resolution. The motion carried unanimously. CONSENT CALENDAR After removal of the Minutes of December 5, 1978, the consent calendar was approved as follows on motion of Councilman Buerk, seconded by Councilman Ryan. MINUTES Approved as presented the minutes of November 21, and November 29, 1978. RESOLUTION NO. 78-78 ADOPTED RESOLUTION NO. 78-78 OF THE CITY REGISTER OF DEMANDS COUNCIL OF THE CITY OF RANCHO PALOS VERDES (1504) ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $60,509.88, DEMAND NUMBERS 11/ 5694 THROUGH 5741. CONTRACT FOR PARKS STUDY Approved the contract with the Peridian (1201) Group for the conceptual master plan of potential parks and authorized the Mayor to sign. Motion to approve the Consent Calendar carried on the following roll call vote: AYES: RYAN, BUERK, HEIN AND MAYOR DYDA NOES: NONE ABSENT: SHAW # 11 11 II If -1- RESOLUTION NO. 78-79 Community Services Officer Tom Bandy OPPOSING PROVISIONS summarized the Staff memorandum of OF MORGA December 12, 1978 which outlined (105) Council's request for preparation of the proposed resolution. RESOLUTION NO. 78-79 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES OPPOSING VARIOUS PROVISIONS OF THE MUNICIPAL ORGANIZATION ACT OF 1978 (MORGA) was read by title. Councilman Buerk moved to delete the words ". . .advice or. . ." from the third line in the third paragraph. The motion was seconded by Councilwoman Hein and carried on the following roll call vote: AYES: BUERK, HEIN AND MAYOR DYDA NOES: RYAN ABSENT: SHAW Councilman Buerk moved to delete the last sentence in the fourth paragraph. The motion was seconded by Councilwoman Hein and carried on the following roll call vote: AYES: BUERK, HEIN AND MAYOR DYDA NOES: RYAN ABSENT: SHAW Councilman Buerk moved to strike the words appearing after "City" in the last sentence of the fifth paragraph. The motion was seconded by Councilwoman Hein. Mayor Dyda proposed amending that paragraph further by substituting the words " a vote" for the words "an election" in the last sentence of the fifth paragraph. The amendment was seconded by Councilman Buerk and carried unanimously. The main motion then carried unanimously. Mayor Dyda moved to delete the word "force" from the second line of the third paragraph and substitute the word "effect." The motion was seconded by Councilwoman Hein and carried unanimously. Mayor Dyda moved to delete the word "ignoring" and substituting "limiting" in the second line of the fifth paragraph. The motion was seconded by Councilman Ryan and carried unanimously. Council discussion then followed regarding the provisions of this act and the protection it offered residents of unincorporated areas seeking annexation to cities. Councilman Ryan moved, seconded by Councilman Buerk, to change Section 1 by substituting after the word "allow" the words "City residents the power of approval or veto with regard to City boundary changes, such power as is currently enjoyed by residents of unincorporated areas seeking annexation to a City." Mayor Dyda moved, seconded by Councilwoman Hein, to amend the motion by substituting the words "right to a vote" for "power of approval or veto." The amendment carried unanimously. The motion carried unanimously. Councilman Buerk moved, seconded by Councilwoman Hein that Section 2 direct distribution of this resolution to the League of California Cities, Los Angeles Chapter and to the League at state level. The motion carried unanimously. Mayor Dyda moved to amend the motion by requesting that the resolution be sent to the State Senate and Assembly Committee on Local Government. The amendment was seconded by Councilwoman Hein and carried unanimously. Council Meeting -2- 12/19/78 RESOLUTION NO. 78-79 as amended was ADOPTED on motion of Councilman Ryan, seconded by Councilwoman Hein and carried unanimously. Councilman Buerk moved, seconded by Councilman Ryan to request the Mayor to send a cover letter to the Board of Directors of the League of California Cities, Los Angeles Division, and request that this subject be taken up for adoption at their next regular meeting. The motion carried unanimously. SEWER ASSESSMENT DISTRICT Director Pikus presented the Staff report PORTUGUESE BEND AREA of December 19, 1978 which was prepared (901 X 1801) in response to the Council's request for a timetable for the creation of a Sewer Assessment District for this area. The report recommended that the Municipal Improvement Act of 1913 be used for the formation of this district as under this act only one public hearing would be re- quired. The County Engineer had estimated that it would take approximately ten months to form this district. After adoption of the proposed resolution, an engineer's report would then be pre- pared and this would contain plans and specifications; estimated cost of improvements; diagram of the district boundaries; and the assessment to each subdivision of land in the district. Staff recommended that the Council adopt the proposed resolution and institute pro- ceedings. RESOLUTION NO. 78-80 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES INSTITUTING PROCEEDINGS AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE FORMATION OF IMPROVEMENT DISTRICT NO. 4 (NARCISSA DRIVE, A PRIVATE STREET, AND OTHER RIGHTS-OF-WAY) FOR THE CONSTRUCTION OF SANITARY SEWERS was ADOPTED on motion of Councilman Ryan, seconded by Councilwoman Hein. The motion carried unanimously. Since it was determined that water was the cause of this landslide, and since the City has been paying into the Flood Control District, the suggestion was made that Staff should approach the District to see if they would be willing to help in resolving their part of the water problem. Staff was also requested to investigate the feasibility of California Water Company placing their water mains above ground. Council requested that Staff investigate the possibility of Los Angeles County picking up the bonds for this district. ANNEXATION OF WESTERN Mayor Dyda distributed copies of the re- AVENUE AREA vised annexation report dated December 12, (105) 1978 to the Council and to members of the press. Mayo r Dyda referred to a letter received from Los Angeles City Councilman John Gibson. This letter requested a mutually acceptable plan for the joint annexation of the un- incorporated properties between the cities whereby the City of Los Angeles would annex that portion of the territory east of Western Avenue. It was the consensus of Council that if the City of Los Angeles annexed the east side of the territory this would dramatically change the financial impact of the annexation. Mr. Jack Satalich, 4125 Lorraine Road, inquired if any geologic study had been done of this area. He exhibited a map and indicated that perhaps there was some land instability in part of the annexation area. He also suggested that an EIR be done for this area. RECESS At 8:54 P.M. Mayor Dyda called a brief recess. At 9:11 P.M. the meeting re- convened with the same members present. Council Meeting -3- 12/19/78 Council referred to a report dated December 17, 1978 received from LAFCO which in- dicated a negative impact should this area be annexed by the City. Additionally, discussion followed on the possible traffic impact; any geologic problems which may exist in this area; and the basis for appealing the negative declaration. Councilman Buerk moved, seconded by Councilwoman Hein, to ask Staff to appeal the negative declaration if there was a possibility of doing so, and work with the Council subcommittee of Mayor Dyda and Councilwoman Hein to detail the arguments of the appeal. The motion carried on the following roll call vote: AYES: BUERK, HEIN AND MAYOR DYDA NOES: RYAN ABSENT: SHAW Patrick J. Hanlon, 3139 Dianora Drive, representing the Rancho Palos Verdes Council of Homeowners Associations, requested clarification of the pre-zoning provision of MORGA. Council explained that pre-zoning of the annexation area was not necessary. Councilman Ryan moved to receive and file Councilman's Gibson's letter. The motion was seconded by Councilwoman Hein and carried unanimously. RESOLUTION NO. 78-71 Director Hightower summarized the Staff COASTAL SPECIFIC PLAN report of December 19, 1978 which rec- AND CODE AMENDMENTS ommended the approval of the revisions; (701) adoption of the proposed resolution adopting the Coastal Specific Plan and General Plan Amendment No. 3, and initiation of Code Amendment No. 7 and Zone Change No. 4. In response to Council's question regarding the critique of the Coastal Plan received from Dayton Realty, City Attorney Coughlan stated that this critique had been submitted within days of the adoption of the plan and that representatives of Dayton did not attend any of the Planning Commission or Council hearings. It was his opinion that the changes made to the Plan were done so in response to public testimony at these hearings and that everybody had a fair opportunity to comment. Mayor Dyda referred to a request from Elaine Jackson, 3200 La Rotonda Drive, requesting that La Rotonda under U 14 be stricken from the Floating Commercial Zone. SR-7, Policy 15 Councilman Buerk moved, seconded by Council- man Ryan, to strike the word "Primary." The motion carried unanimously. U-5, Parking Mayor Dyda moved, seconded by Councilman Ryan to strike the number of parking spaces and replace with the words "parking will be prohibited on the oceanside of the road to provide a view of the coastline for passing motorists." The motion carried unanimously. Mayor Dyda moved to add at the bottom of that same page the following: "The fore- going would provide approximately 3500 parking spaces." The motion was seconded by Councilman Buerk and carried unanimously. FLOATING COMMERCIAL ZONE Councilman Ryan moved, seconded by Council- man Buerk to delete La Rotonda Drive from the Floating Commercial Zone. The motion carried unanimously. U--14 Director Hightower told the Council that the Planning Commission requested clar- if ication of this policy dealing with improvement in the lower Abalone Cove Area. After -Council discussion it was the consensus that this policy should be stated as follows: "Encourage the upgrading of compatible retail facilities in the adjoining Abalone Cove Community or conversion to residential activity." Dyda so moved, seconded by Councilman Ryan and carried unanimously. -4- 12/19/78 Council Meeting Councilman Buerk moved, seconded by Councilwoman Hein to approve the recommendations and revisions as amended. The motion carried unanimously. RESOLUTION NO. 78-81 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES MAKING ENVIRONMENTAL FINDINGS AND ADOPTING GENERAL PLAN AMENDMENT NO. 3 AND THE COASTAL SPECIFIC PLAN OF THE CITY OF RANCHO PALOS VERDES was read by title and ADOPTED on motion of Councilman Buerk, seconded by Councilwoman Hein. The motion carried un- animously. Councilman Ryan moved, seconded by Councilwoman Hein to initiate Code Amendment No. 7 and Zone Change No. 4 for amendments to the Development Code and Zoning Map relative to the Coastal area and City-wide. The motion carried unanimously. Mayor Dyda extended his appreciation to the Planning Commission for their efforts in finalizing the Coastal Plan. COOPERATIVE SUMMER Parks and Recreation Committee Chairman RECREATION PROGRAM Al Rosenthal told the Council that a (1201) Joint Meeting was held on November 21st with the Rolling Hills Estates Parks & Activities Commission. At that meeting, a number of areas df possible cooperation were identified. These included: joint brochures; shared costs for programming, advertising and staffing; joint registration; cooperative Staff training; and, utilization of Rolling Hills High School. This co- operation between the cities would make citizens of the Peninsula more aware of all the recreational programs available. The Committee is also investigating the possi- bility of asking the cities of Palos Verdes Estates and Rolling Hills to participate in this program. Councilwoman Hein moved, seconded by Councilman Ryan that the Committee be authorized to develop a report on the various options and benefits of Joint Recreation Programming. The motion carried unanimously. RECESS At 9:38 P.M. Mayor Dyda declared a recess. At 10:45 P.M. the meeting reconvened with the same members present. RESOLUTION NO. 78-82 Mayor Dyda declared the hearing open and CONFLICT OF INTEREST CODE the Clerk reported that notice had been (1202) duly published. City Manager Wood presented Staff memorandum of December 12, 1978 which outlined the State law necessitating the adoption of this code. Since there was no response to the Mayor's call for public testimony, Mayor Dyda declared the hearing closed. RESOLUTION NO. 78-82 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING DEPARTMENT CONFLICT OF INTEREST CODES was read by title and ADOPTED on motion of Councilman Ryan, seconded by Councilwoman Hein. The motion carried unanimously. ORDINANCE NO. 113 Mayor Dyda declared the hearing open and MORATORIUM OF STOCK COOPERATIVES the Clerk reported that notice had been (1801) published. Director Hightower presented the Staff memorandum of December 19, 1978 which outlined the procedure to be followed in extending the moratorium implemented by the Council on October 3, 1978. There being no response to the Mayor's call for public testimony, he declared the hearing closed. Council Meeting -5- 12/19/78 ORDINANCE NO. 113 - AN INTERIM ORDINANCE ZONING ORDINANCE OF THE CITY OF RANCHO PALOS VERDES CREATING A MORATORIUM ON THE CONSTRUCTION, ERECTION, CREATION OR DEVELOPMENT OF ANY STOCK COOPERATIVE HOUSING WITHIN THE CITY OF RANCHO PALOS VERDES was read by title. Councilman Ryan moved, seconded by Councilwoman Hein to waive further reading and pass to a second reading. The motion carried unanimously. ORDINANCE NO. 114 Mayor Dyda declared the public hearing HEIGHT VARIATION open and the Clerk reported that notice (1801) had been duly published. Director Hightower presented the Staff report of December 19, 1978 which outlined the hearing procedure followed on this code amendment. It was noted that the major revisions included the definition of a view lot and major viewing area; elimination of compat- ibility and cumulative effect guidelines ; and,the inclusion of protection of public views. Speaking on behalf of the Planning Commission, Chairman Mel Hughes, said that this ordinance eliminated a great source of problem areas especially those dealing with neighborhood compatibility. The Planning Commission recommended that the Council adopt this ordinance. Pat Hanlon, 3139 Dianora, spoke on behalf of the Council of Homeowners Associations, referred to the letter the Association sent to the Council stating their objection to the elimination of the compatibility aspect of the ordinance. He felt a lot of people in the community wanted the compatibility clause maintained in the ordinance. Mayor Dyda referred to the request from Elaine Jackson, 3200 La Rotonda Drive. She objected to subparagraph (b) of Procedure. Additionally, Ms. Jackson wanted a more defined definition of "significant" and "primary." She had no suggested substitutions. Since there was no response to the Mayor's call for further public testimony, he declared the hearing closed. The City Attorney suggested deleting the remainder of the sentence after the word "setback" in Section "C", (View Lot, subsection 1) . The Mayor so moved, seconded by Councilman Ryan and unanimously carried. ORDINANCE NO. 114 OF THE CITY OF RANCHO PALOS VERDES MAKING REVISIONS TO THE HEIGHT VARIATION SECTION OF THE DEVELOPMENT CODE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was read by title. Councilman Ryan moved to waive further reading and introduce Ordinance No. 114. The motion was seconded by Mayor Dyda and carried on the following roll call vote: AYES: RYAN, BUERK AND MAYOR DYDA NOES: HEIN ABSENT: SHAW ANIMAL CONTROL AT Community Services Officer Tom Bandy pre- ABALONE COVE BEACH sented the Animal Control Sub- (104 X 109) committee's report of November 29, 1978 which was prepared as the result of a letter from the County of Los Angeles, Department of Beaches requesting that the City make arrangements for animal control in Abalone Cove Beach. They were willing to take care of dead sea mammals, however the City would be required to capture small animals and handle violations of the-City's leash law. The Staff and Subcommittee recommended that the SPCA be requested to respond to calls for service at the beach on the limited basis suggested. (At 11:20 P.M. the City Attorney left the meeting.) Council Meeting -6- 12/19/78 It was the consensus of Council to go along with this service on a temporary basis and if additional demands for services come from the County, then the City should determine the costs of providing those services. Councilman Buerk moved to adopt the Staff and Subcommittee recommendation on a temporary basis to be revoked as soon as any additional service demands by the County are made on the City. The motion was seconded by Councilman Ryan and carried unanimously. SOUTH BAY TRANSPORTATION STUDY Councilman Buerk reported on a $75,000 (1505) study that was commissioned for a public transportation in the South Bay Area. A consulting firm has been hired and they will be interviewing interested parties. The Peninsula Transportation Committee has written a letter to the RTD and the cities of Gardena and Torrance requesting that if any changes in transportation are recommended that the Peninsula Transportation Committee be consulted. SCAG Plans Councilman Buerk reported on the various (310 X 1102) features of the plans currently being considered by SCAG for air and water quality, and transportation. He felt it was important for the Council to submit their comments on each of these plans. Councilman Ryan moved, seconded by Councilwoman Hein to authorize the subcommittee to prepare a letter and submit their comments on each of these plans. The motion carried unanimously. COUNCIL WORK SESSION Council set January 11, 1979 at 7:30 P.M. ON ANTENNA ORDINANCE for work session on the Antenna Ordinance. (1801) SEACOVE DRAINAGE CHANNEL Mayor Dyda reported that both he and Council- (1402) woman Hein represented the City at the Coastal Commission hearing on this project. The matter was continued to the next hear- ing for voting because there was an insufficient number of commissioners attending the meeting. The feeling of the Commission was that the benefitting residents should pay for this drainage channel. Mayor Dyda suggested getting in touch with the commissioners who were not in attendance at the meeting to make sure that they are made aware of the City's plans. Staff was instructed to send a letter to each member of the commission not in atten- dance and request their support. NEWSLETTER Mayor Dyda noted that the registration of (1107) the City's Logo on the current issue of the NEWSLETTER was not satisfactory. He asked Council if they wished to discontinue using the two colors. After a brief discussion, it was the consensus to continue using the two colors on the NEWSLETTER and see if the registration could be improved. SCHOLASTIC INCENTIVE Councilman Ryan moved, seconded by Mayor (1202) Dyda, to delete the $50.00 scholastic incentive plan for Staff. The motion carried unanimously. Council Meeting -7- 12/19/78 GRADING IN MORATORIUM AREA Director Hightower presented the Staff 21 KUMQUAT LANE memorandum of December 19, 1978 which (1801 X 1804) described the background on this grading project where 30 cubic yards of fill was used to repair a depression in the rear yard. The importation of this fill was cited as being a violation of Emergency Ordinance 108 U and the Grading Ordinance, Section 9661, which prohibits the impor- tation of more than 20 cubic yards of fill without the filing of a grading application. Staff recommended that Council approve the project as one which mitigated the potential for landslide and that the geologists review the kind of filling activity that has been taking place to repair the roads in that area and make a recommendation as to whether or not the importation of fill dirt should be allowed to continue. Councilman Buerk moved, seconded by Councilman Ryan to approve the Staff re- commendation subject to approval by the geologists. The motion carried unanimously. Councilman Buerk moved that the consultant issue some opinion about the filling that has been taking place and is currently taking place for road repair purposes in the Portuguese Bend area. The motion was seconded by Councilwoman Hein and carried unanimously. MINUTES OF DECEMBER 5, 1978 After minor amendments to the minutes of December 5, 1978, Councilman Buerk moved, seconded by Councilwoman Hein to adopt the minutes as amended. The motion carried unanimously. EXECUTIVE SESSION Councilman Ryan moved, seconded by Council- man Buerk to recess to Executive Session for discussion of pending litigation. The meeting reconvened at 12:40 A.M. on motion of Councilman Ryan, seconded by Council- woman Hein with no action taken. ADJOURNMENT At 12:41 A.M. Councilman Ryan moved, seconded by Councilwoman Hein to adjourn. The motion carried unanimously. MAYO ATTEST: LEONARD G. WOOD, CITY CLERK AND EX OFFICIO CLERK OF THE COUNCIL rr 11A LL%/ II/ C ,L'1 Council Meeting -8- 12/19/78