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CC MINS 19790501 M I NUT E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MAY 1, 1979 The meeting was called to order at 7:40 P.M. by Mayor Ann Shaw 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: BUERK, HEIN, DYDA AND MAYOR SHAW LATE ARRIVAL: RYAN (At 8:35 P.M.) 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. CEREMONIAL MATTER Mayor Shaw presented Councilman Dyd\a a Resolution which summarized the accomplish- ments of his leadership during his term as Mayor. Councilman Dyda presented Mayor Shaw a commemorative proclamation in appreciation of her assistance as Mayor Pro Tem. APPROVAL OF AGENDA After addition of Contract Cities (Hein) , Peninsula Center Development (Dyda) , LAFCO Hearing (Dyda) , and the Chamber of Commerce Golf Trophy (Shaw) , the amended agenda was approved on motion of Councilman Dyda, seconded by Councilman Buerk and carried unanimously. Items No. 21 (Annexation) and No. 22 (Street Standards) were removed from the agenda. WAIVER OF FULL READING OF Councilman Dyda moved, seconded by ORDINANCES & RESOLUTIONS Councilwoman Hein, and unanimously 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 members of Council after the reading of title, unless specific request was made at that time for the reading of such ordinance or resolution. CONSENT CALENDAR After removal of the Minutes of April 17, Initiation of General Plan Amendment and the SPCA Contract, the Consent Calendar was approved as follows on motion of Councilwoman Hein, seconded by Councilman Dyda. MINUTES OF APRIL 10, 1979 Approved as presented, the minutes of April 10, 1979. RESOL. NO. 79-36 ADOPTED RESOLUTION NO. 79-36 OF THE CITY REGISTER OF DEMANDS COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $533,617.62, DEMAND NUMBERS 6190 THROUGH 6259. -1- RESOLUTION NO. 79-37 ADOPTED RESOLUTION NO. 79-37 OF THE CITY CITY SELECTION COMMITTEE COUNCIL OF THE CITY OF RANCHO PALOS VERDES (306) APPOINTING A MEMBER AND ALTERNATE MEMBER OF SAID COUNCIL OF SAID CITY TO THE CITY SELECTION COMMITTEE PURSUANT TO PART 3 OF DIVISION 10 OF THE PUBLIC UTILITIES CODE. PARCEL MAP NO. 6467 Approved the work and released Grading Bond RELEASE OF GRADING BOND No. 7SM 169 803. (1410) PARCEL MAP NO. 6515 Approved work, released the sanitary sewer ACCEPTANCE OF SANITARY agreement between the City and subdivider, SEWERS released Surety Bond No. 275 4507 in the (1410) amount of $5,800 and requested the City Clerk to notify Meine Construction Company as the principal and SAFECO Insurance Company of America as Surety of the Council's action. PARCEL MAP NO. 10241 - Approved the map, accepted the hiking and FINAL APPROVAL equestrian easement as offered for dedication (1410) on said map, made the appropriate findings and instructed the City Clerk to endorse on the face of the map of Parcel Map No. 10241 the certificate which embodies the approval of said parcel map and the acceptance of any dedications shown thereon. CALIFORNIA WATER SERVICE COMPANY - Received and filed the April 25, 1979 appli- RATE APPLICATION cation from California Water Service Company (605) for a rate increase. The motion to approve the amended Consent Calendar carried on the following roll call vote: AYES: BUERK, HEIN, DYDA AND MAYOR SHAW NOES: NONE ABSENT: RYAN APPEAL OF SIGN PERMIT This matter was opened for discussion and the NO. 59 appeal was denied on motion of Councilman (1801) Dyda, seconded by Councilwoman Hein and unanimously carried. The appellant was not present. Later in the meeting, the appellant appeared and requested that Council consider reopening this matter. Upon motion of Councilman Buerk, seconded by Councilwoman Hein and unanimously carried the matter was reopened for Council discussion. Appellant Gene Summers presented to the Council a brochure which showed the type of signs used by his company. It was his belief that since the office originally had two entrances that the size of the sign did not violate the Development Code. Council discussion then followed regarding the total size of the sign, whether it was within the limits allowed, and if the sign could be placed on the side of the building. Councilman Buerk moved, seconded by Councilwoman Hein to grant the appeal with approval being granted on the grounds that the sign be maintained in good repair and condition and that no additional signs be added. The motion failed on the following vote: AYES: BUERK AND HEIN NOES: DYDA AND MAYOR SHAW ABSENT: RYAN Council -2- May 1, 1979 In response to Council's question, Director Hightower said that the sign could be placed on the side of the building if the appellant applied for another permit. Councilman Dyda moved, seconded by Councilwoman Hein, to reintroduce the previous motion to grant the appeal. The motion carried on the following vote: AYES: BUERK, HEIN AND DYDA NOES: MAYOR SHAW ABSENT: RYAN The appellant was instructed that he would have to sign a document agreeing to the provisions of the approval. COUNCIL COMMITTEE ASSIGNMENTS Mayor Shaw distributed a list of the (306) various outside organizations, standing committees and ad hoc committees. After Council discussion, it was moved by Councilman Buerk, seconded by Councilwoman Hein and unanimously carried to change the name of the Street Standards Committee to the Highway and Transportation Committee. It was agreed that Councilwoman Hein would serve as the second member on the Ordinance Review Committee. Councilman Dyda moved, seconded by Councilwoman Hein and unanimously carried to adopt the amended Council Committee assignments presented by Mayor Shaw. Those assignments were as follows: Outside Organizations City Selection Committee - Shaw/Hein, League of California Cities - Shaw/Hein, SCAG - Hein/Ryan, South Bay Corridor Study Steering Committee - Buerk, Sanitation District - Shaw/Hein, Committee of Mayors - Shaw, South Bay Juvenile Diversion - Shaw, South California Joint Powers Insurance Authority - Dyda/Hein, Chamber of Commerce - Buerk/Hein, South Bay Cities Association - Buerk/Ryan, and California Contract Cities - Dyda/Hein. Standing Committees Public Safety - Ryan/Buerk, Legislation - Shaw/Hein, Civic Center Planning - Ryan/Shaw, NEWSLETTER - Dyda/Hein, Contract Review - Dyda/Ryan, Ordinance Review - Buerk/Hein, Franchise - Ryan/Dyda, Highway & Transportation - Buerk/Dyda and Animal Control - Hein/Ryan. Ad Hoc Committee Abalone Cove Slide - Dyda/Ryan. GRADING PERMIT PROCEDURE Councilwoman Hein moved, seconded by FOR LANDSLIDE MORATORIUM AREA Mayor Shaw to continue this matter until (1801) the May 14, 1979 Council meeting. The motion carried unanimously. PERIPHERAL CANAL Mr. George Stevens, Director of the West (1601) Basin Municipal Water District, distributed pamphlets which explained the need for the Peripheral Canal which would run from the Sacramento River at Hood around the southeastern edge of the Sacramento-San Joaquin Delta to State and Federal pumping plants near the City of Tracy. Since the Southern California area will lose half its present supply of Colorado River water, the Metropolitan Water District feels that the building of this canal is needed to ensure an adequate water supply. (At 8:35 P.M. Councilman Ryan arrived and was present for the remainder of the meeting.) Council Meeting -3- May 1, 1979 Councilman Buerk moved, seconded by Councilman Dyda, that the City go on record as supporting the Peripheral Canal and send a letter stating this support to our State Representatives. The motion carried unanimously. RESOLUTION NO. 79-38 Director Pikus summed up his May 1, 1979 FORMATION OF LIGHTING DISTRICT letter which explained that the City had STREET LIGHTING FINANCING received a resolution from the Los Angeles (901) County Road Department which consented to the formation of a lighting district within the City. Previously reported alternatives to the Council recommended that the County be allowed to proceed with their plan to conduct the necessary public hearings for such a lighting district. The City Attorney had reviewed this resolution and found it acceptable. Staff recommended that the Council adopt the proposed resolution consenting to the formation of a lighting district. Roy Butler, representing the County Road Department, told the Council that the existing lighting district was paid for by the ad valorem tax. It was the intention of the County to develop an over-lay lighting district in accordance with the Landscaping and Lighting Act of 1972 to provide supplemental funds for the lighting districts being administered by the County including those in the City of Rancho Palos Verdes. In order for this City to be included as a zone in the County's assessment district, it would be necessary for the Council to adopt this resolution of Consent to the Formation of a Lighting District within the City; also, approve the Board of Supervisor's resolution of Intent to Form the Street Lighting District. This approval would have to be secured prior to May 15, 1979 in order to include the City in the County-administered Street Lighting District. In response to Council's inquiry on how the amount of assessment was determined, Mr. Butler responded that the assessment would be the amount of money over and above the ad valorem taxes collected, divided by the residences who benefit from the lighting. If the City desired to form their own district, they could withdraw from the County District at any time. The process would be to draw up a resolution withdrawing from the district and then initiate proceedings to form a district. Mr. Butler advised the Council that once the assessment had been set for the year, it could not be reduced. Any surplus would be carried over into the following year, The ad valorem taxes would be collected from and stay with each zone within the district. RESOLUTION NO. 79-38 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CONSENTING TO THE FORMATION OF A LIGHTING DISTRICT WITHIN SAID CITY, TO THE WORK DESCRIBED IN THE RESOLUTION OF INTENTION TO FORM THE DISTRICT, TO THE LEVY, COLLECTION AND ENFORCEMENT OF ASSESSMENTS FOR SAID WORK AND TO THE ASSUMPTION OF JURISDICTION THEREOVER FOR SAID PURPOSES was read by title. Councilman Dyda moved, seconded by Councilwoman Hein to ADOPT RESOLUTION NO. 79-38. Councilman Buerk moved, seconded by Councilman Ryan to strike from Section 2. of the proposed resolution the following: ". . . and the levying, collecting and enforcing of any and all assessments necessary to cover the expenses of said work. . . ." Council then discussed if other alternatives were available: the formation of a City Lighting District and lobbying for funding of state revenues to be used for these districts. The amendment to strike the wording from Section 2 of the proposed resolution failed on the following roll call vote: AYES: RYAN AND BUERK NOES: HEIN, DYDA AND MAYOR SHAW ABSENT: NONE Council Meeting -4- May 1, 1979 The motion to ADOPT RESOLUTION NO. 79-38 carried on the following roll call vote: AYES: HEIN, DYDA AND MAYOR SHAW NOES: RYAN AND BUERK ABSENT: NONE Council instructed Staff to summarize the results of the street lighting questionnaire survey and publish in the City's NEWSLETTER. Councilman Dyda moved, seconded by Councilman Ryan, to instruct Staff to gather all the necessary information to identify the costs of a separate lighting district administered by the City. The motion carried unanimously. Councilman Buerk moved, seconded by Councilman Dyda to request the Mayor to send a letter to the Board of Supervisors in conjunction with Resolution No. 79-38 urging them to look to the State Government for funding instead of the cities. The motion carried unanimously. Councilman Dyda moved, seconded by Mayor Shaw to concur with the intent of the County Board of Supervisor's Resolution of Intention (5B) to include Rancho Palos Verdes. This approval to accompany the letter for state funding. The motion carried on the following roll call vote: AYES: HEIN, DYDA AND MAYOR SHAW NOES: RYAN AND BUERK RECESS At 9:30 P.M. Mayor Shaw declared a recess. At 9:40 P.M. the meeting reconvened with the same members present. FEDERATED DEPARTMENT STORES Joseph T. Doino, Regional Real Estates (RALPHS) Manager for Federated Department Stores, (1503) told the Council that his company wanted to develop the property at Crest & Hawthorne but felt that without median cuts and "U" turns, it would create severe traffic hazards. He referred to the Company's letter of April 23, 1979 which requested that the Council either reconsider the earlier application or accept a new one. In response to Council's inquiry, Mr. Doino indicated that he would not be presenting any new evidence for their consideration. Councilman Ryan moved, seconded by Councilman Buerk to receive and file this commu- nication and not reconsider the decision on this matter. The motion carried on the following roll call vote: AYES: RYAN, BUERK AND DYDA NOES: HEIN AND MAYOR SHAW Mr. Doino was advised that the applicant had the right to prepare a new application. LETTER FROM OCEAN TERRACE Director Pikus summarized the Staff HOMEOWNER'S ASSOCIATION memorandum of April 25, 1979 which explained REGARDING TRAFFIC PROBLEMS that the Traffic Committee discussed this ON PASEO DEL MAR matter at their December meeting. It (808 X 1502) was their conclusion that the problem was caused by juveniles using this isolated area for drag racing. It was their feeling that this problem could only be solved by enforcement and requested the Sheriff's Department provide this enforcement. Staff recommended that the Council request the Sheriff's Department to provide additional enforcement in this area. 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He cited the fact that it would generate an additional two and one-half million cars per year on the Peninsula. Councilman Dyda moved, seconded by Councilman Ryan to reject the offer from Rolling Hills Estates to annex the Peninsula Center roads. The motion carried unanimously. Council then discussed mailing a questionnaire to residents who live close to the Center and who will be directly affected by this development; scheduling a Council Work Session to establish a policy regarding the Peninsula Center. Councilman Buerk requested that the motion be amended by adding: "Since at this time the Rancho Palos Verdes Council has not had a chance to look at the whole project and discuss with the representatives of the Rolling Hills Estates City Council." The amendment failed on the following roll call vote: AYES: BUERK AND HEIN NOES: RYAN, DYDA AND MAYOR SHAW Council suggested that Staff develop some means of gathering public input from the area most heavily impacted by this development. One suggestion was the inclusion of a fact sheet in the City's NEWSLETTER which would list such items as the two and one- half million cars and the fact 40% of the traffic would be coming from off the Peninsula. CITY REPRESENTATION AT Mayor Shaw reported that she would be LAFCO HEARING attending the LAFCO hearing and suggested (105) that as many Councilmembers as possible attend that meeting. She felt that it was important for them to continue to lobby in support of the compromise resolution adopted by the Council. CHAMBER OF COMMERCE GOLF TROPHY Mayor Shaw reported that the City had (305) received a request for a donation for a golf trophy from the Chamber of Commerce. Councilman Ryan moved, seconded by Councilman Dyda to receive and file this request. The motion carried on the following roll call vote: AYES: RYAN, BUERK, HEIN AND DYDA NOES: MAYOR SHAW GEOLOGY REPORT ON ABALONE Councilman Dyda reported that the Abalone COVE SLIDE AREA Slide ad hoc committee (Dyda/Ryan) would (1801) be reviewing the boundary of the slide area as outlined in the latest report from the geologist. The committee will report back to the Council. GEOLOGIC HAZARD ABATEMENT City Attorney Coughlan reported that DISTRICT LEGISLATION the legislation was sent to the printer (1801) and State Senator Beverly was preparing to introduce . AUDIENCE QUESTIONS - ITEMS NOT ON THE AGENDA: Neil Atkinson, 6162 Arrowroot Lane, representing the Abalone Cove Homeowner's Association, told the Council about the members' concern for the drainage at Barkentine Canyon coming down from the development on Crest Road. Also mentioned was the drainage at Deadman's Canyon. Council Meeting -8- May 1, 1979 Director Hightower reported that the condition at Deadman's Canyon is under investi- gation. The suggestion was made that perhaps the drainage system designed for Barkentine Canyon should be re-evaluated at this time. Staff is to investigate the situation and report back to the Association. LANDSCAPE AND OPEN SPACE Director Pikus summarized the Staff report MAINTENANCE DISTRICT NO. 1 of May 1, 1979 which noted that the AND NO. 2 Landscaping & Lighting Act of 1972 (901) requires that an annual report be prepared for each such district. This report is used as the basis for levying annual assessments. There are two landscaping and lighting districts within the City: District No. 1 comprises Tract No. 32673 (Alta Vista) , and District No. 2 comprises Tract No. 31617 (Presley Tract.) Both of these districts were formed in 1978, however the improve- ments have not been completed and accepted for maintenance purposes. Consequently, none of the money collected in fiscal year 1978-79 has been expended and therefore the assessments for 1979-80 will be zero. In order to begin the process of levying the annual assessment, it is necessary that the Council adopt the proposed resolutions ordering the preparation of the Engineer's report for each district. RESOLUTION NO. 79-40 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDERING THE PREPARATION OF AN ENGINEER'S REPORT IN CONNECTION WITH A LANDSCAPING MAINTENANCE DISTRICT (LANDSCAPE AND OPEN SPACE MAINTENANCE DISTRICT NO. 1) was read by title. Councilman Buerk moved, seconded by Councilman Dyda TO ADOPT RESOLUTION NO. 79-40. The motion carried unanimously. RESOLUTION NO. 79-41 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDERING THE PREPARATION OF AN ENGINEER'S REPORT IN CONNECTION WITH A LANDSCAPING MAINTENANCE DISTRICT (LANDSCAPE AND OPEN SPACE MAINTENANCE DISTRICT NO. 2) was read by title. Councilman Dyda moved, seconded by Councilwoman Hein to ADOPT RESOLUTION NO. 79-41. The motion carried unanimously. ITEMS REMOVED FROM THE CONSENT CALENDAR: MINUTES OF APRIL 17, 1979 Councilman Dyda moved, seconded by Council- woman Hein and unanimously carried that the estimated cost for the scope of work to be done for the Dewatering Testing as shown on Page 3, should be changed to $16,400. Under the PERIPHERAL CANAL, Page 3, Council noted the correct spelling for Mr. Stevens' name. Councilman Dyda moved, seconded by Councilwoman Hein and unanimously carried that Page 5, Council Standing Committees, the last line should be changed to read: ". . . to give the Mayor time to consider these posts." Councilman Dyda moved, seconded by Councilwoman Hein and unanimously carried to approve the April 17, 1979 minutes as amended. INITIATION OF GENERAL PLAN After clarification of what was to be AMENDMENT included in this amendment of the General (701) Plan, Councilman Dyda moved, seconded by Mayor Shaw, to adopt the Staff recommen- dation for initiation of a General Plan Amendment. The motion carried on the following roll call vote: AYES: BUERK, HEIN, DYDA AND MAYOR SHAW NOES: RYAN Council Meeting -9- May 1, 1979 SPCA CONTRACT PROPOSAL In response to Council's inquiry, Community FOR 1979-80 Services Officer Bandy explained the reason (104) for some City subsidization of this program. Councilwoman Hein moved, seconded by Councilman Dyda to adopt the subcommittee's recommendations that no adjustments be made to the existing fee schedule effective July 1, 1978 (Resol. No. 78-39) and that the Mayor be authorized to sign the con- tractual agreement with SPCA for services during 1979-80 in the amount of $48,677. The motion carried on the following roll call vote: AYES: RYAN, BUERK, HEIN, DYDA AND MAYOR SHAW NOES: NONE ADJOURNMENT: At 12:15 A.M. Councilman Dyda moved, seconded by Councilman Ryan, to adjourn. The motion carried unanimously. MAYOR ATTEST: LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL ` i � /11,41.4 I`_I/ AL ' 0, fT C Council Meeting -10- May 1, 1979