CC MINS 19790320 M I NUT E S
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MARCH 20, 1979
The meeting was called to order at 7:35 P.M. by Mayor Ken Dyda at the Palos Verdes
Peninsula Unified School District Building, 30942 Hawthorne Boulevard. After the
Pledge of Allegiance to the flag, roll call was answered as follows:
PRESENT: RYAN, SHAW, HEIN AND MAYOR DYDA
II/ ABSENT: BUERK
Also present were City Attorney Patrick Coughlan, City Manager Leonard G. Wood,
Director of Planning Sharon W. Hightower, Director of Public Works Dennis Pikus,
Community Services Officer Tom Bandy, Administrative Services Officer George Wunderlin
and Deputy City Clerk Mary Jo Lofthus.
APPROVAL OF AGENDA After addition of March NEWSLETTER(Shaw) ,
Contract Cities (Hein) , Sphere of Influence
(Ryan) , Resolution supporting AB-479 (Dyda) ,
and a Staff report on the landslide area, the amended agenda was approved on motion
of Councilwoman Shaw, seconded by Councilwoman Hein, and carried unanimously.
WAIVER OF FULL READING OF Councilman Ryan moved, seconded by Council-
ORDINANCES & RESOLUTIONS woman Shaw, and unanimously carried, to
waive reading in full of all ordinances
and resolutions adopted at this meeting.
CONSENT CALENDAR: After removal of the minutes of March 6,
1979, Register of Demands, approval of
Final Tract Map No. 32574 and request to
refund Parkland Dedication Fee for Tentative Tract No. 32991, the remainder of the
Consent Calendar was approved as follows on motion of Councilwoman Shaw, seconded
by Councilman Ryan and unanimously carried.
MINUTES Approved as presented the minutes of
February 22 and March 8, 1979.
CLAIM OF MICHAEL SHERMAN Denied the claim of Michael Sherman
AGAINST THE CITY against the City.
(303)
RESOLUTION NO. 79-25
AMENDING COUNCIL OPERATING
ADOPTED RESOLUTION NO. 79-25 OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES
RULES & PROCEDURES AMENDING RESOLUTION NO. 75-31 WHICH
(307) ESTABLISHED THE CITY COUNCIL OPERATING
RULES AND PROCEDURES.
it
CURB CUT ON Director Pikus summarized the Staff report
RAVENSPUR DRIVE of February 26, 1979 which reviewed the
(1503) Council's action at their November 21, 1978
meeting.
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Council questioned if No. 4 in Exhibit "A" to the proposed ordinance was still
appropriate. Director Hightower responded that the area was designated for agri-
culture if funds can be obtained to purchase it, if not, the area can be designated
for commercial recreation.
Since there was no response to the Mayor's call for public testimony, he declared
the hearing closed.
ORDINANCE NO. 117 OF THE CITY OF RANCHO PALOS VERDES APPROVING ZONE CHANGE NO. 4 AND
CODE AMENDMENT NO. 7 AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was read
by title. Councilman Ryan moved, seconded by Councilwoman Shaw, and unanimously
carried, to waive further reading and INTRODUCE ORDINANCE NO. 117.
TENTATIVE TRACT NO. 36301 Mayor Dyda declared the hearing open and
RESOLUTION NO. 79-26 the Clerk reported that notice had been
(1411) published.
Associate Planner Keith Turner briefed the Council on the features of this Tentative
Tract which allowed for division of a 1.94 acre piece of land into 10 condominium
units with a common area consisting of a patio area, landscaping, swimming pools
and a recreation room.
The RM-6 zoning on this land and its lot size would permit the construction of 11
multiple family dwelling units. Proposed access to the project is from Peacock
Ridge Road by means of a private drive.
On February 13, 1979 the Planning Commission approved CUP No. 46 which defined the
structures and common improvements associated with this division of land.
The most significant issues raised at the Planning Commission hearings were the
inadequacy of visitor parking originally proposed and the presence of a tennis court
immediately adjacent to several units in the Casas Verdes development. Both of these
concerns were eliminated by increasing visitor parking from seven spaces to 21 and
by eliminating the tennis court.
Staff recommended that the Council approve Tentative Tract No. 36301 subject to the
conditions marked in Exhibit "A" of the proposed resolution.
Mr. Bartos, 5987 Peacockridge Road, remarked that this development would be an im-
provement over the conditions that currently exist in the area.
There being no further response to the Mayor's call for public testimony, he declared
the public hearing closed.
RESOLUTION NO. 79-26 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING
TENTATIVE TRACT NO. 36301 was read by title and adopted on motion of Councilman Ryan,
seconded by Councilwoman Shaw and unanimously carried.
Councilwoman Hein moved, seconded by Councilwoman Shaw to change Condition No. 15
of Exhibit "A" as indicated in the Staff memorandum of March 20, 1979. The motion
carried unanimously.
RECESS: At 9:00 P.M. Mayor Dyda declared a brief
recess. At 9:10 P.M. the meeting re-
convened with the same members present.
REQUEST TO EXPEDITE Director Hightower presented the Staff
GENERAL PLAN AMENDMENT memorandum of March 20, 1979 which ex-
INITIATION plained the request to allow for initiation
(701) of a General Plan Amendment for two surplus
school sites currently in escrow. The
normal procedure is to batch such requests and consider them only twice a year. The
parties involved in the purchase of these sites will be applying for one General Plan
Amendment covering both properties. One of the reasons for batching these two requests
was to control the number of amendments; only three per calendar year are allowed to
the Land Use Element.
Council Meeting -3- 3/20/79
Staff recommended approving this request to expedite.
Mr. Clark Leonard, 17430 South Prairie Avenue, representing the landowners, told
the Council that these parcels are in escrow; the deposits will be forfeited if
this request does not go through, and that it would take about two to three years
before the subdivision map could be recorded.
In response to Council's question, he said that there was no condition on the escrow
with respect to zoning of the property.
Councilman Ryan moved, seconded by Councilwoman Shaw, to approve this request to
expedite. The motion carried unanimously.
ILLEGAL GRADING IN Director Hightower briefed the Council
THE MORATORIUM AREA on the background of this matter
(1801) which concerned illegal dumping of
debris in the drainage channel adja-
cent to 12 Sweetbay. Additionally, it was observed that considerable extensive
exterior work was taking place in the rear of the house, much of which required
either a permit or City approval.
Emergency Ordinance No. 108U was reviewed and it was determined that this work was
in violation of that ordinance. The grading activity is in violation of Section 9661
of the Development Code, and a variance would be required for the 6 foot chain link
fence being constructed in the front 20 foot setback.
Council had the alternative of either amending the moratorium ordinance to allow
Staff to review the grading and process the variance application or require a geology
report on the existing grading in light of the current land movement in the area and
base the grading application approval on the geologist report.
Councilwoman Shaw moved, seconded by Councilman Ryan and unanimously carried to require
a geology investigation on the grading activity and then base either approval or
denial on that report.
With permission of the maker, Councilman Ryan moved to have this geology report sub-
mitted within 30 days. The amendment carried unanimously.
After discussion of who should pay for the cost of reviewing the geology report,
Councilwoman Shaw moved, seconded by Councilwoman Hein that the reasonable cost of
the geology report review, regardless of who does it, should be borne by the applicant.
Mr. Charles Tompkins, 12 Sweetbay, said that he had started this work prior to the
moratorium; it was necessary to relieve flooding that was occurring in his home.
Discussion then followed regarding the actual amount of earth that was exported from
the area; whether the applicant had continued to grade and if a geology report was
necessary since all of the grading has already been done. The suggestion was made
that perhaps a geologist might be able to recommend some mitigating measures for
the area.
Councilwoman Shaw's motion to require a geology investigation carried on the following
roll call vote:
AYES: RYAN, HEIN AND SHAW
NOES: MAYOR DYDA
ABSENT: BUERK
RECESS: At 10:15 P.M. Mayor Dyda declared a brief
recess. At 10:28 P.M. the meeting reconvened
with the same members present.
Council Meeting -4- 3/20/79
REQUEST FOR ARBITRATION NO. 1 Director Hightower reviewed the staff
APPEAL (Trimming Trees for View memorandum of March 20, 1979 which
Obstruction) described these two appeals of an
(1407) Environmental Committee decision.
Mrs. Marie Pulver, 6528 Nancy Road, presented Council with a prepared statement
which requested that the Council broaden the decision of the committee. She
also submitted a land survey of the area.
(Mrs. Pulver's complete statement and survey are on file with the City Clerk's
Office.)
Klaus Schuegraf, representing the Environmental Committee, explained that the
committee based their decision on pictures taken in 1966 from the main viewing
area of the home. They had established that the view had decreased more than 25%;
trimming of the Canary Island Pines would restore approximately 10% of that view.
These trees are City owned.
Mr. Andrew Brtis, 4101 Lorrain, one of the appellants, told the Council that he
had the area landscaped in 1966 and that it had been approved by the Palos Verdes
-Art Jury. Additionally, he cited several reasons why he felt the appeal failed
to meet conditions of the proposed ordinance: the applicant did not have a view lot,
the horizontal arc did not extend over the roof of his house, and topping these
trees would harm them.
Mr. Bob Ciriello, 6545 Nancy Road, said that the Committee also suggested re-
moving the pepper tree which was on his front lawn. It was his opinion that the
Committee should be named the tree trimming committee; that there was a lot of
misinformation on the original complaint.
Council discussion followed on whether the arc criteria was applicable to this
appeal, whether there was secondary view obstruction and what would be accomplished
by the removal of these trees.
City Attorney Coughlan outlined the necessary findings that would have to be made
by the Council in granting these appeals.
4. A. (1) Criteria
Councilwoman Shaw moved, seconded by Councilwoman Hein and unanimously carried
that the real property of the complaining party has a view as defined in Section
4, A of the proposed ordinance.
4. A. (2) Criteria
Councilwoman Shaw moved, seconded by Councilwoman Hein and unanimously carried
that finding 4, A (2) was not applicable in this case since the house was off-
set on the property and did not come into the primary viewing area.
3. (Exemptions)
Councilwoman Shaw moved, seconded by Councilman Ryan and unanimously carried that
Section 3 which would exempt trees, shrubs, or comparable vegetation which,
because of their historical, cultural, scientific or other significance as de-
termined by the Committee to warrant continued and unaltered existence did not
apply in this case.
4. B. (Criteria)
Councilwoman Shaw moved, seconded by Councilwoman Hein that the trees in question
significantly obstruct view and by the corrective action taken there would be a
material improvement in that view.
It was the consensus of Council to consider this motion in two parts. -
Councilwoman Shaw moved, seconded by Councilwoman Hein, that the first finding
could be made because view impairment of greater than 25% existed based on the
1966 pictures. The motion carried on the following roll call vote:
AYES: HEIN, SHAW, & MAYOR RYDA
NOES: RYAN
Council Meeting -5- 3/20/79
Councilwoman Hein's motion that corrective action would materially improve the
view or vista died for lack of a second.
Mayor Dyda moved seconded by Shaw, that removal or topping of the two trees in
question would not restore a significant amount of the view that was lost and
therefore no material improvement would be made in the view. The motion carried
on the following roll call vote:
AYES: RYAN, SHAW & MAYOR DYDA
NOES: HEIN
Councilwoman Shaw moved, seconded by Councilwoman Hein to grant appeal No. 1
and deny appeal No. 2. The motion carried unanimously.
REQUEST FOR ARBITRATION NO. 2 APPEAL Director Hightower summarized the staff
LOCATION: CREST RD. & DELUNA DR. memorandum of March 20, which described
APPELLANT: GILBERT KORITO this appeal of the Environmental
Committee's decision to trim approxi-
mately 450 feet of hedge and pine trees located on West Crest Rd. , south of the
intersection of Deluna Dr. The appeal was based on the necessity of the trees
providing both a sound and safety barrier.
Patrick Hanlon, 3139 Dianora Drive, described the location of these trees and
stated that he did not believe they provided any kind of a safety barrier.
Additionally, a secondary row of myroporum should be cut back.
Mr. Harold White, 3147 Dianora Drive told the Council that over the last few years
his view had disappeared because of these trees.
Mr. Charles Hillinger, 3131 Dianora Drive also spoke in favor of this appeal.
Councilman Ryan moved, seconded by Councilwoman Shaw to approve the findings of
the Environmental Committee.
Mayor Dyda moved to amend the motion by amending the recommendation of the
Environmental Committee to remove the pines. The amendment was seconded by
Councilman Ryan and carried on the following roll call vote:
AYES: RYAN, SHAW & MAYOR DYDA
NOES: HEIN
ABSENT: BUERK
Mayor Dyda moved, seconded by Councilwoman Hein to remove the myroporum and
replace with a controlled growth shrub. The motion was defeated on the following
roll call vote:
AYES: SHAW
NOES: RYAN, HEIN & MAYOR DYDA
ABSENT BUERK
Councilwoman Shaw moved, seconded by Councilman Ryan that none of the trees and
shrubs behind the wall on Deluna Drive be cut or removed. The motion carried
unanimously.
Councilman Ryan's motion to accept the Environmental Committee's recommendations
as amended carried unanimously.
Councilman Ryan moved, seconded by Councilwoman Shaw to trim the myroporum to 5 feet
initially and to maintain them at no higher than 8 feet. The motion carried
unanimously.
TREE TRIMMING ORDINANCE Committee Chairman Klaus Schuegraf
(1407) presented the committee's report of
March 14, 1979 on the test period for
the tree trimming ordinance.
Council Meeting -6- 3/20/79
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CONTRACT CITIES Councilwoman Hein reported on the
candidacy of Mayor Nell Mirels of
Rolling Hills Estates as a board member for the Contract Cities Association.
It was the consensus of Council to support the candidacy of Mayor Mirels to
that office.
ANNEXATION Referring to the March 16, 1979
(10 5) memorandum from LAFCO regarding the
Spheres of Influence Study XXI to be considered at the April 11 hearing, Council-
man Ryan stated that the City should voice their objection to the division of the
Western Avenue annexation area into areas "A" and "B".
Mayor Dyda moved, seconded by Councilwoman Shaw, and unanimously carried, that
the City's representative at that meeting should be prepared to testify
consistent with the Council's resolution on this matter.
RESOL. NO. 79-27 Councilwoman Shaw moved, seconded by
SUPPORTING AB-479 Councilman Ryan, and unanimously
(105) carried, to adopt RESOL. No. 79-27
OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES SUPPORTING AB 479.
PROGRESS REPORT ON URBAN Councilwoman Hein moved, seconded by
WEST ACCESS Councilman Ryan and unanimously carried
(450 x 1404) to continue this matter until the
April 3 meeting.
RADIO CONTROLLED GLIDER SITUATION Councilwoman Shaw moved, seconded by
Councilman Ryan and unanimously carried
to continue this matter until the April 3 meeting.
RESOL. NO. 79-28 Council requested staff to prepare a
REGISTER OF DEMANDS report on the reasons why it is
necessary to publish quarter page ads
for zone change hearings.
Councilwoman Shaw moved, seconded by Councilwoman Hein to adopt RESOLUTION NO.
79-28 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN
CLAIMS AND DEMANDS IN THE SUM OF $146,601.23, DEMAND NUMBERS 5982, 5985 THROUGH
5986 6005, 6006, 6026, 6032 THROUGH 6079. The motion carried on the following
roll call vote:
AYES: RYAN, SHAW, HEIN & MAYOR DYDA
NOES: NONE
ABSENT: BUERK
MINUTES OF MARCH 6 Mayor Dyda moved, seconded and
unanimously carried, by Councilwoman
Hein/that page 3, paragraph 4, second line, be corrected to read: " . . . necessary
for administering a rent report ing ordinance."
The minutes as corrected were adopted on motion of Councilman Ryan, seconded by
Councilwoman Hein and unanimously carried.
RECESS TO EXECUTIVE SESSION At 1:30 A. M. Councilwoman Hein moved,
seconded by Councilman Ryan to recess
to executive session for discussion of personnel matters. At 2:15 A. M. the
meeting reconvened on motion of Councilman Ryan, seconded by Councilwoman Hein and
unanimously carried.
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Council Meeting
PERSONNEL Mayor Dyda moved, seconded by Council-
(1202) woman Shaw, to provide a flat cost of
living increase equivalent to 6-1/2%
of the mean salary for all full time employees, and for all part time employees
an increase equal to the maximum percentage awarded to full time employees
effective March 1, 1979.
ADJOURNMENT: At 2:20 A.M. Councilman Ryan moved,
seconded by Councilwoman Shaw to
adjourn. The motion carried unanimously.
-
MAYOR
ATTEST:
LEONARD G. WOOD, CITY CLERK AND
EX OFFICIO CLERK OF THE COUNCIL
C
a/t
Council Meeting -9- 3/20/79