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CC MINS 19790619 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JUNE 19, 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: HEIN, DYDA AND MAYOR SHAW ABSENT: RYAN LATE ARRIVAL: BUERK @ 7:41 P.M. Also present were Acting City Attorney Mary Walker, Acting City Manager and 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 Notification of City Council Meetings (Buerk) , Contract Cities Meeting (Shaw) , SB-1195 (Shaw) , and Resolution Amending Expenditure Budget for 1978-79 (City Manager) , the amended agenda was approved on motion of Councilman Dyda, seconded by Councilwoman Hein and unanimously carried. WAIVER OF FULL READING OF Councilman Dyda moved, seconded by Council- RESOLUTIONS & ORDINANCES woman 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 deletion of the minutes of June 5, June 12, Report on Presley Tract, Signal Maintenance Agreement and Agreement with Stone & Associates, the amended Consent Calendar was approved as follows on motion of Councilman Buerk, seconded by Councilman Dyda. MINUTES OF MAY 26 Approved as presented the minutes of the Regular Adjourned Meeting of May 26, 1979. RESOLUTION NO. 79-58 ADOPTED RESOLUTION NO. 79-58 OF THE CITY REGISTER OF DEMANDS COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $119,478.24, DEMAND NUMBERS 6390 THROUGH 6444. URBAN WEST WALKWAY Authorized Staff to proceed on a formal (450 x 1411) basis to obtain the necessary pedestrian easement within Tract No. 31714. TRACT NO. 29795 Accepted easement deeds for Parcels 2, 3, EASEMENTS FOR SANITARY SEWERS 4, and 5 and instructed the City Clerk to (1411) record same. -1- REPORT ON PLAZA PALOS VERDES Received and filed Staff memorandum of ICE SKATING RINK June 19 regarding Rolling Hills Estates (1203) City Council meeting of June 12, 1979. RESOLUTION NO. 79-59 ADOPTED RESOLUTION NO. 79-59 OF THE CITY CLOSING INDIAN PEAK ROAD COUNCIL OF THE CITY OF RANCHO PALOS VERDES (305) CLOSING A PORTION OF INDIAN PEAK ROAD ON JULY 29, 1979. 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 # If ORDINANCE NO. 119 - ORDINANCE NO. 119 OF THE CITY OF RANCHO PALOS REGULATING ANTENNAS VERDES REGULATING ANTENNAS AND AMENDING THE (1801) RANCHO PALOS VERDES MUNICIPAL CODE was presented for a second reading, first reading having been made on dune 5, 1979. Councilman Dyda moved, seconded by Councilman Buerk, to ADOPT ORDINANCE NO. 119. The motion carried on the following roll call vote: AYES: BUERK, HEIN, DYDA, AND MAYOR SHAW NOES: NONE ABSENT: RYAN SITE PLAN REVIEW NO. 98 Following an explanation and summarization of APPLICANT: JACK WALL the Staff report of June 19, 1979, Director LOCATION: PARCEL 106 Hightower recommended that the structure be ABOVE ABALONE COVE BEACH denied and that the applicant be instructed (1801) to remove it within 60 days. Since neither the applicant or those opposing it were present at the meeting, and since concern was expressed that perhaps they had not received notification, Councilman Dyda moved, seconded by Councilman Buerk to table this matter until the July 3rd Council meeting. (Later in the meeting, Mr. Robert Haase, who has an interest in the matter was advised of this continuance.) Council requested that notification be again sent to the applicant and other interested parties. SBA LOANS FOR ABALONE Community Services Officer Tom Bandy reviewed COVE SLIDE AREA his written report of June 14, 1979 covering (1801) the City's request to be included in the Federal Disaster Declaration resulting from the February - March, 1978 rains and the Federal Government's refusal of this claim. Additionally, it explained the procedure necesssary for residents to follow in applying for SBA loans. Staff recommended that the Mayor be authorized to sign a letter to the SBA requesting disaster assistance and a disaster declaration for the Abalone Cove Slide area. Following questions and comments by Council regarding whether this letter would present any problem with regard to admitting or suggesting any liability on the part of the City, it was the consensus that the City Attorney should review this letter; that it be very clear in asking the SBA to declare a disaster and provide whatever assistance is within their jurisdiction, and that any reference to any historical event should be consistent with the geology report from the City's geologist on the slide. City Council -2- 6/19/79 Councilman Dyda moved, seconded by Councilman Buerk to authorize the Mayor to sign a letter to the SBA requesting that Abalone Cove Slide Area be declared a disaster and that such letter be approved by the City Attorney. The motion carried unanimously. CAPITAL FACILITIES PROGRAM REPORT On motion of Councilman Buerk, seconded by (1203) Councilwoman Hein, Council received and filed the June 19, 1979 report from the Planning Commission. The motion carried unanimously. Council noted that although the Planning Commission has reviewed these projects, it does not necessarily mean that the Council is committed to implementing all of them. PUBLIC HEARING: Mayor Shaw declared the public hearing open REVENUE SHARING FUNDS and the City Clerk reported that notice had (601) been published. Administrative Services Officer Wunderlin gave a review of his written report of June 12, 1979 covering the proposed use of Revenue Sharing Funds during fiscal 1979-80 which was in line with Council's policy of restricting such funds to Parks and Recreation non- recurring expenditures. There being no response to the Mayor's call for oral protests, the hearing was closed. Councilman Dyda moved, seconded by Councilwoman Hein to approve the proposed use of the Revenue Sharing Funds. The motion carried unanimously. PALOS VERDES PENINSULA Mr. Steven Heller, representing the Peninsula COMMUNITY CENTER ASSOCIATION Community Center Association described the (1203) proposed theatre that will be given this group by the builders of the Palos Verdes Plaza. With the use of diagrams and drawings of the theatre area, he explained its location, facilities, and design. Mr. Wallace Russell, 6758 Eddinghill Drive, further explained some of the features of the theatre. In response to Council's inquiry, he said that the Association would be responsible for any liability occurring within the theatre. SB-217 Referring to the May 30, 1979 letter from ANTI-SCHOOL BUSING State Senator Alan Robbins, Mayor Shaw INITIATIVE inquired if Council wished to continue (310) their support of this bill. Councilman Dyda moved, seconded by Councilwoman Hein to authorize the Mayor to send a letter as soon as possible to our State legislators and to Senator Robbins as well as to the governor expressing support for SB-217. The motion carried unanimously. It was the consensus of Council that letters stating Council's position on legislation should be directed to our own representatives, the author of the bill and the committee members that will be hearing this bill, as well as to the governor. SCAG'S HOUSING MODEL Councilwoman Hein presented the following (310 x 1203) policies from the SCAG Regional Housing Element Environmental Impact Report, April, 1979 for Council's review: Policy 3.3 - SCAG shall encourage the development of new construction methods and housing types to increase the housing supply for all segments of the population. Councilwoman Hein recommended opposition to this policy. Council discussion included the fact that SCAG was formed as a coordinating body and not a technical body to deal with building and safety requirements. Therefore, they should be urged to adhere to its primary function as a coordinating body. -3- 6/19/79 Council Dyda moved, seconded by Councilwoman Hein to support Councilwoman Hein's opposition to this policy. The motion was carried unanimously. Policy Action 13G - SCAG shall recommend to all funding agencies, review boards and commissions that they include local housing assistance goals and activities in the criteria used to set funding priorities. Councilwoman Hein moved, seconded by Councilman Dyda to oppose this policy. The motion carried unanimously. Alternative A: The sum of local housing elements. The sum of local housing elements could be used to represent a regional housing element. The logic of this proposal is that since the region is comprised of local jurisdictions (i.e. , counties and cities) , amalgamating local housing elements is an appropriate method of preparing a regional housing element. Councilwoman Hein urged support of this policy. After Council discussion of how SCAG arrived at a regional plan, Councilman Dyda moved, seconded by Councilman Buerk to oppose this policy. The motion carried un- animously. AB-643 Since the information on this bill was re- COASTAL LEGISLATION ceived too late to make an analysis of its content, Councilman Dyda moved, seconded by Mayor Shaw to continue this matter until the July 3, 1979 meeting. The motion carried unanimously. AB-8 (LONG TERM FINANCING) Mayor Shaw reported that this bill proposed (310) returning to the cities the same amount received last year from SB-154 bail-out funds. Council expressed dissatisfaction with the distribution method proposed in this bill and it was the consensus to go on record opposing it. During discussion, it was pointed out that it was now too late to make any change in the legislation. Councilman Buerk moved, seconded by Councilman Dyda, to send a letter to our legislators expressing opposition to AB 8 because it is an unsatisfactory solution to City financing and, further, reaffirm the Council's position that distribution of the 1Q sales tax on a population basis is needed for city governments. The motion carried unanimously. SB-4 Councilman Dyda moved, seconded by Councilwoman BOTTLE BILL Hein to support SB-4. The motion carried (310) unanimously. COASTAL LEGISLATION Councilwoman Hein reported that she will be attending a workshop on Coastal Legislation and requested to know any specific concerns about coastal plans or implementation of those plans. Council discussion followed regarding the function of the Coastal Commission and it was the consensus that since the local coastal plans had been adopted that the Commission had fulfilled its function as set out in Proposition 20 and should now be disbanded. Implementation of the local plans should be left up to local governments. RECESS: At 9:10 P.M. Mayor Shaw declared a brief recess. At 9:20 P.M. the meeting reconvened. ADJOURNED COUNCIL MEETINGS Councilman Buerk moved, seconded by Mayor Shaw (307) to establish a policy whereby if a meeting is adjourned to a Regular Adjourned Meeting, absent Councilmembers should receive written notification of the date of the meeting. The motion carried unanimously. -4- 6/19/79 CONTRACT CITIES Councilwoman Hein reported that she would (310) be chairing a meeting on June 28 and that a representative from the County Auditor's office would be at that meeting. She extended an invitation to all those who were interested in attending. AUDIENCE QUESTIONS: Ms. Lois Larue, 3136 Barkentine, expressed her disagreement with the choice of architecture for the Plaza Palos Verdes. Miller Collins, representing the builder of a home at 6344 Chartres Drive, explained the difficulty he had encountered with building a driveway due to the presence of a large boulder. He requested that Council allow a variance for this driveway. Council instructed Mr. Collins to discuss this matter with Staff and if Council approval is required, to prepare the necessary details for their consideration. REQUEST FOR EXEMPTION FROM Director Hightower summarized the Staff LANDSLIDE MORATORIUM - memorandum of June 19, 1979 which explained APPLICANT: CARLOS ALBUJA that this project involved removing an LOCATION: 13 CINNAMON LANE existing,deteriorated animal shelter and (1801) replacing it with two stables, each approx- imately 120 square feet in size. The applicant, Mr. Albuja, explained how he proposed to move the corral to another location. It was his intention to build a corral to house three horses instead of four. Mr. F.L. Coates, 2500 Anabas Avenue, San Pedro, told the Council that he owned the property adjacent to the applicant. He was concerned that his property was being used for access to the corral on Mr. Albuj a's property. Mrs. Muriel Titzler, 3 Ginger Root Lane, said she had no objection to the corral if it conforms with the deed restrictions in the area but felt that as long as there was a moratorium on building that there shouldn't be any building allowed. Even though this was a marginal project insofar as building was concerned, it was the consensus of Council that the moratorium should be adhered to. Councilman Buerk moved, seconded by Councilman Dyda to deny this request. The motion carried on the following roll call vote: AYES: BUERK, HEIN AND DYDA NOES: MAYOR SHAW ABSENT: RYAN The applicant was advised that he could repair the fence and the existing stables at this time. GRADING PERMIT NO. 358 Director Hightower summarized the Staff APPLICANT: YORK & VOCE memorandum of June 19, 1979; this project LOCATION: 3300 VIA CAMPESINA required review by the Planning Commission (1801) due to the amount of grading on slopes greater than 35 percent. Staff recommended the structure be relocated toward the northeasterly boundary of the property to minimize grading and disturbance of extreme slope; the Planning Commission upheld Staff's rec- ommendation. The applicant submitted a letter of appeal from this decision. Gordon Phillips, attorney for the applicant, presented the Council with pictures taken from different angles at the project site. Commenting that this house would be har- monious with others in the area, he distributed additional pictures of homes in the area. Since there was no excessive grading involved he felt that this project met all of the criteria of the Development Code. -5- 6/19/79 Jack Remington, the applicant's architect, told the Council that the house did not violate the grading code; that the land would not be scarred and felt that the owner of the property had a right to take advantage of the view the lot offered. Council discussion then followed regarding the height of the house above the grading: the amount of grading on the proposed location as opposed to the location suggested by Staff and the percentage of the lot above the 35 percent slope. Stating that the City wants to establish residences that optimize the value of homes within the existing guidelines; that it would be inappropriate to deny the property owner the right to locate -a house where it maximizes the view, and since there wasn't any significant difference in the grading on either location, Councilman Buerk moved that the City Council should use their discretion and grant the appeal. The motion was seconded by Councilman Dyda and carried unanimously. Council commented to the applicant that this view could not be guaranteed by the City . RESOLUTION NO. 79-60 RESOLUTION NO. 79-60 OF THE CITY COUNCIL AMENDING EXPENDITURE OF THE CITY OF RANCHO PALOS VERDES AMENDING BUDGET FOR FISCAL YEAR RESOLUTION NO. 78-51 WHICH ADOPTED AN 1978-79 EXPENDITURE BUDGET FOR THE FISCAL YEAR 1978-79 (602) was read by title and adopted on motion of Councilman Dyda, seconded by Mayor Shaw. The motion carried unanimously. MINUTES OF JUNE 12 - Councilman Dyda moved, seconded by Council- BUDGET WORK SESSION woman Hein, that Staff review these minutes and include Council's request for additional data on the use of funds discussed at the meeting. The motion carried on the following roll call vote: AYES: DYDA, HEIN AND MAYOR SHAW NOES: NONE ABSENT: RYAN ABSTAIN: BUERK MINUTES OF JUNE 5 Councilman Dyda moved, seconded by Council- woman Hein that discussion of the Daladier Drive underground district, (Page 6, 6th paragraph) reflect the following statement: "Because a hybrid system was installed composed of both underground and overhead facilities and Suana Drive residents paid in part for an underground system therefore their benefit is diminished by already having a partial underground and a lesser portion of the district cost should be applied." Page 7, Resolution No. 79-57, Council requested that the second paragraph of discussion under this heading be moved to Page 8, Prohibited Parking Zones on Crest Drive. Councilwoman Hein moved, seconded by Councilman Dyda to approve the minutes of June 5 as amended. The motion carried unanimously. ITEMS REMOVED FROM THE CONSENT CALENDAR: TRACT NO. 31617 Councilwoman Hein moved, seconded by Council- PRESLEY DRAINAGE man Dyda to refer this memorandum to the (1411) City Attorney. The motion carried unanimously. It was the consensus of Council that in the future all similar documents be reviewed by the City Attorney. -6- 6/19/79 SIGNAL MAINTENANCE CONTRACT In response to Council's question, (1405) Director Pikus reported that he had sought bids from two other sources: County of Los Angeles and one other private company. The County bid was too high and the private company was not interested in servicing this area at this time. Councilman Dyda moved, seconded by Councilman Buerk to authorize the Mayor to sign an agreement with Superior Signal Service for traffic signal maintenance for fiscal year 1979-80. The motion carried unanimously. AGREEMENT FOR GEOLOGY CONSULTING After making minor changes to Paragraph SERVICES 5 and 6, Scope of Services, and project (1801) personnel, Councilman Dyda moved, seconded by Councilwoman Hein to incorporate these changes into the agreement. The motion carried unanimously. Councilman Dyda moved, seconded by Councilman Buerk to authorize the Mayor to sign the Agreement with Robert Stone & Associates, Inc. as amended. The motion carried unanimously. ADJOURNMENT: Councilwoman Hein moved, seconded by Councilman Dyda to adjourn the meeting to June 29, 1979 at 7:30 P.M. for a public hearing on the Eastview annexation. The motion carried unanimously. IIIP 411WAL.._ MAYOR LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL / .I Al. A Ai I( I ICLER -7- 6/19/79