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CC MINS 19790703MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 3, 1979 The meeting was called to order at 7:45 P.M. by Mayor Ann Shaw at the Palos Verdes Unified School District Building, 30942 Hawthorne Boulevard. After the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: RYAN, BUERK, HEIN, DYDA & MAYOR SHAW ABSENT: NONE Also present were City Attorney Patrick Coughlan, City Manager Leonard G. Wood, Associate Planner Keith Turner, Director of Public Works Dennis Pikus, Administrative Services Officer George Wunderlin and Deputy City Clerk Mary Jo Lofthus. APPROVAL OF AGENDA After addition of Portuguese Bend (Ryan) , South Bay Transportation Study (Buerk), Palos Verdes Drive Clean-up (Buerk), LAFCO Law Suit (Buerk), Scag Survey (Hein), AB1483 (Hein), Variance Procedure for Moratorium Area (Dyda) , League of California Cities Resolutions (Shaw) , AB8 Discussion (Shaw) , Juvenile Diversion Update (Shaw), and Letter to the Editor (Shaw), the amended agenda was approved on motion of Councilman Buerk, seconded by Councilman Dyda and carried unanimously. WAIVER OF FULL READING OF Councilman Dyda moved, seconded by Councilwoman RESOLUTIONS & ORDINANCES 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 calendar was approved RESOL. NO. 79-61 REGISTER OF DEMANDS RESOL. NO. 79-62 ROTATION OF POSITION OF MAYOR (306) After deletion of the minutes of June 19 and Award of Miraleste Drive Contract, the consent on motion of Councilman Dyda, seconded by Councilwoman Hein. CLAIM OF JEFFREY JACKSON (303) CLAIM BY THE HEIRS OF MARJORIE R. KELLY (303) CLAIMS AGAINST THE CITY BY RESIDENTS OF ABALONE COVE SLIDE AREA. (303) ADOPTED RESOLUTION NO. 79-61 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $416,943.07, DEMAND NUMBER 6445 THROUGH 6501 ADOPTED RESOLUTION NO. 79-62 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING A POLICY OF ROTATING THE POSITION OF MAYOR AMONG COUNCILMEMBERS. Rejected the claim as provided in Government Code, Section 913. Rejected all claims as provided in Government Code, Section 913. Rejected all forty-six claims as provided in Government Code, Section 913. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: RYAN, BUERK, HEIN, DYDA & MAYOR SHAW NOES: NONE -1- # �� C.U.P. #48 APPLICANT: LESTER BARRON LOCATION: CRESTRIDGE ROAD (1804) SITE PLAN REVIEW NO. 98 APPLICANT: JACK WALL LOCATION: PARCEL 106 ABOVE ABALONE COVE that this structure was Associate Planner Turner reported that the applicant in this matter had requested the appeal be dropped. Associate Planner Turner reported that the applicant requested this matter be continued until the first meeting in September. Robert Haase, 20 Sea Cove, told the Council a fire hazard because of unauthorized use by youths; that there was no way policing its use. Councilman Ryan moved, seconded by Councilman Dyda to grant the postponement; send a letter to the applicant concerning the use of the building because of fire hazard, and stating that until a decision is made that the structure not be used for any purpose. Councilman Buerk moved to amend the motion by stating in the letter that the Council retains the option to hear this matter at an earlier Council Meeting if some abuse of the use of this structure occurs. The amendment was seconded by Councilwoman Hein, but failed on the following vote: AYES: BUERK NOES: RYAN, HEIN, DYDA & MAYOR SHAW The main motion carried unanimously. PLAZA PALOS VERDES Mayor Shaw reported that the City had re - (1203) ceived a letter from Ernest W. Hahn, Inc., general contractor for Plaza Palos Verdes, requesting this matter be scheduled for the July 17th Council meeting. She suggested holding a work session on this item. Councilman Dyda moved, seconded by Councilwoman Hein and unanimously carried, to continue this matter until July 19 for a work session. Council requested that a letter be sent to Mr. Barto notifying him of this continuance. AB643 - COASTAL LEGISLATION (310 x 701) COASTAL PLANNING POLICY STATEMENT - PROPOSED POLICIES (701) policies have been prepared by them. Councilwoman Hein moved, seconded by Council- man Dyda to support AB643. The motion carried unanimously. Mayor Shaw reported that there has been a coalition of cities that share the coastline in L.A. County in an attempt to improve Coastal legislation. This coalition includes the City of Los Angeles and the proposed Council approved policies 1 and 3 as outlined in the Coastal Planning Policy Statement. Stating that she believed in a limited appeal process, Mayor Shaw moved to allow a limited appeal process for violation of local coastal plans. After discussion of the appeal process, Mayor Shaw amended the motion to allow appeals for projects permitted by municipalities which are in violation of their coastal plans. The second consented to the amendment. The main motion died on the following vote: AYES: SHAW NOES: RYAN, BUERK, HEIN & DYDA Councilman Buerk moved, seconded by Councilwoman Hein and unanimously carried, to amend Policy No. 4 as follows: That the City support any efforts to ensure that after the local coastal program and implementing ordinances are adopted, Coastal Commission development permits not be required. Council Meeting 7/3/79 Council delayed consideration of Policy No. 6 until the next Council meeting. Since Council had earlier agreed to discuss the LAFCO law suit at a time certain (8:30 P.M.) Councilman Buerk moved, seconded by Councilman Ryan to reconsider the agenda. The motion carried unanimously. Councilman Buerk moved, seconded by Councilman Dyda to complete discussion of the Coastal Planning Policy Statement Proposed Policies before discussing the LAFCO law suit. The motion carried unanimously. Councilman Dyda moved, seconded by Councilwoman Hein and unanimously carried to adopt Policy No. 8. Councilman Dyda moved, seconded by Councilwoman Hein and unanimously carried to adopt Policy No. 9. Councilman Dyda moved, seconded by Councilman Ryan to adopt amended Policy No. 11 as follows: That all cities consider where feasible, the provision of adequate low and moderate income housing through policies applicable uniformly on a city- wide basis as opposed to special regulations of any one particular area of any particular city. The motion carried on the following vote: AYES: RYAN, HEIN, DYDA & MAYOR SHAW NOES: BUERK Councilwoman Hein moved to amend the motion by changing citywide basis to a "regional basis." The amendment was seconded by Councilman Dyda and carried unanimously. Policy No. 13 was adopted on motion of Councilman Dyda, seconded by Councilwoman Hein and carried unanimously. LAFCO LAWSUIT (105) Forced Annexation. It was the consensus of Council to listen to public testimony regarding the lawsuit filed against LAFCO by the Citizens Against Those who spoke in opposition to the annexation, stressing that Council join in the suit against LAFCO and allow the residents of Rancho Palos Verdes the opportunity to vote on the issue were Elaine Fitz, 3200 La Rotonda Drive, representing the Citizens Against Forced Annexation; Ernest Hoyt, 2709 Coral Ridge Road, repre- senting the Coral Ridge Homeowners Association; James Hatch, 15 Mustang Road; Winnie Brtis, 4101 Lorraine Road, representing the Miraleste Homeowners Associa- tion; Woody Culp, 2321 Sunnyside Ridge Road, representing the Citizens Opposed to Forced Annexation; Darryl DeCuir, 2309 Colt Road, representing the Colt Road Property Owners Association; Thomas Stoplman, 4120 Lorraine Road; Art Maier, 3711 Vigilance Drive; George Schmiedeke, 3116 Crownview; Charles Cushman, 6529 Nancy Road; and William E. Grahame, 28716 Cedarbluff Drive. At this point it was the general agreement of the Council that City Attorney should give his opinion of the LAFCO lawsuit. City Attorney Coughlan said that in response to Council's request he had reviewed the law suit against LAFCO and proceeded to comment on what he felt were the weak points of the case. 1. Since the state has the power to establish the method for creating and dissolving cities, the voting requirements under the Weber case is not discriminatory. 2. Theimportant state interest in doing away with unincorporated pockets. 3. The discriminatory aspect of a city such as Rancho Palos Verdes keeping out a poorer unincorporated area desiring city services. 4. That there is a rational basis for granting the people living in the unincorporated area that right to vote on annexation. 5. By granting the City the right to vote, should not other county residents also be allowed to vote. Council Meeting -3- 7/3/79 6. The question as to whether or not the plaintiffs have exhausted their administrative remedies. Council discussion then centered on whether it would be appropriate at this time to join in the suit since the signatures presented in protest had not yet been certified; if there would be sufficient protest to stop the annexation proceedings. Councilman Buerk moved that the City become a plaintiff in the LAFCO lawsuit subject to the condition that it move that the hearing before the Superior Court, now scheduled for July 12th, be postponed until after the 17th and in the case that the annexation then is abandoned the lawsuit is retracted. The motion died for lack of a second. Councilman Buerk moved, seconded by Councilwoman Hein and unanimously carried, to continue this item until August 7. RECESS: At 10:00 P.M. Mayor Shaw declared a recess. At 10:15 P.M. the meeting reconvened. HOUSING IN LCP's Councilwoman Hein moved, seconded by (701) regard to housing in local coastal HOUSING GUIDELINES FOR CONDOMINIUM AND COOPERATIVE CONVERSIONS Councilman Ryan to adopt the last two paragraphs of the policy statement with plans. The motion carried unanimously. Councilman Dyda moved, seconded by Councilman Buerk, and unanimously carried to oppose these guidelines. PORTUGUESE BEND - Referring to the fact that problems exist BUILDING PERMITS with home repairs in the slide area that (1801) don't lend themselves to taking out a county permit each time a homeowner wants to make a repair, Councilman Ryan inquired if staff could develope some kind of permit procedure allowing experimental repair work. Councilman Buerk moved, seconded by Councilman Ryan to ask staff to come back as soon as possible with proposal on how to allow remedial action; make sure that the City is protected from liability, and find some process that gives reasonable assurances to the adjoining property owners that this kind of action is not ex- cessively dangerous to their property. The motion carried unanimously. Councilman Dyda moved, seconded by Councilwoman Hein and carried unanimously, that staff explore what can be termed as reconstruction in terms of what Council dis- cussed. Councilwoman Hein moved to amend the motion to make a provision for exper- imental techniques in the reconstruction. The amendment was seconded by Council- man Dyda and carried unanimously. Mr. Charles Himelwright, 21 Kumquat Lane, told the Council that the geology report and review required by the City would cost him $1000. Additionally, he was in receipt of a letter from the City telling him that because of the grading on his property he would have to submit a fee of $63 and the geology review deposit to the City within ten days. Councilwoman Hein moved, seconded by Councilman Dyda to refer this item and other slide problems to the subcommittee and request that they report back to the City Council. The motion carried unanimously. Councilman Buerk moved, seconded by Councilman Ryan and unanimously carried, to stay any action on Mr. Himelwright's case until the City Council has taken action on the requirements to be outlined by the subcommittee. SOUTH BAY CORRIDOR - Councilman Buerk reported that a study TRANSPORTATION STUDY being conducted by the A.T.E. had reached (1505) the point where a review of it was now required by the cities involved and moved that staff analyze this report within the next month and report back to Council with a presentation that could also be made before the Peninsula Bus Utilization Committee. The motion was seconded by Councilman Dyda. Council Meeting -4- 7/3/79 Council discussion then followed on whether the City could make use of a critique prepared by some other city; sending a letter to the cities of Torrance, Gardena, the Peninsula cities, and the RTD requesting a statement of their position on the proposed program. Councilman Dyda moved, seconded by Councilwoman Hein to amend the motion by re- questing that staff compare the proposed level of service with the current service. After discussion, the amendment was defeated unanimously. The main motion died on the following vote: AYES: BUERK & HEIN NOES: RYAN, DYDA & MAYOR SHAW PALOS VERDES DRIVE EAST Councilman Buerk reported that an excessive CLEAN-UP amount of weeds and trash that has collect - (1405) ed along Palos Verdes Dr. East and requested that staff take action to clean up the area. Due to the inexperience of the summer maintenance crew, Director Pikus responded that it may be several weeks before they can start working on Palos Verdes Drive East. Councilman Buerk's motion to take action to clean the area within the next month died for lack of a second. Councilman Buerk moved, seconded by Councilman Ryan to ask that staff take action to clean up that area within the next two months. The motion died on the follow- ing vote: AYES: BUERK NOES: RYAN, HEIN, DYDA & MAYOR SHAW It was the consensus of Council that staff should report back at the end of the summer with an assessment on the Community Maintenance Program. SCAG SURVEY Councilwoman Hein requested Council's (310 x 1102) opinion on a survey issued by SCAG. It was the consensus of Council that the influence of SCAG staff was inordinately excessive. Councilman Dyda so moved, seconded by Councilman Ryan and unanimously carried. In response to the question on how they could make improvements, Councilman Ryan moved, seconded by Council- man Dyda that Councilwoman Hein confer with Councilman Dyda and draft an appropri- ate response. The motion carried unanimously. AB1483 - MANDATORY & UNIFORM Council briefly discussed the features of MUNICIPAL BUDGETING this bill which required a uniform budget - (310) ing system for each type of local agency. Councilwoman Hein moved, seconded by Councilman Dyda and carried unanimoulsy to oppose AB1483. VARIANCE PROCEDURE FOR Commenting on a meeting that had taken MORATORIUM AREA place between the City's geologist (1801) and developers, Councilman Dyda moved, seconded by Councilwoman Hein, to instruct the City Attorney to send a letter to the City geologist telling him that acting as our agent he is to adhere to the process prescribed by the City. Also, suggest a meeting with appropriate members of staff, the subcommittee and geologist to make sure that there is a clear understanding of all the problems in the landslide area. The motion carried on the following vote: AYES: RYAN, HEIN, DYDA & MAYOR SHAW NOES: BUERK Council Meeting -5- 7/3/79 LEAGUE OF CALIFORNIA Mayor Shaw requested that if members of RESOLUTIONS Council have resolutions to be submitted at the League meeting in September that they contact her within the next few days. Councilman Dyda moved, seconded by Councilwoman Hein to reaffirm the Council's support for the sales tax resolution adopted at the League's 1978 meeting. The motion carried unanimously. AB8 - FINANCING BILL Mayor Shaw briefed the Council on the (310) status of this bill. Commenting that this would relieve the cities of having to come back in a year for more bail out funds, she recommended support for this bill. Councilman Dyda moved, seconded by Councilwoman Hein to support the short term financing bill (AB8) and oppose the long term financing bill. The motion carried on the following vote: AYES: RYAN, BUERK, HEIN & DYDA NOES: MAYOR SHAW SOUTH BAY JUVENILE DIVERSION PROJECT. (1705 x 306) Mayor Shaw gave a brief update on the status of financing for the Project and indicated that they may be approaching the City for a contribution. LETTER TO THE EDITOR Commenting that some misinformation that (310) had been circulated regarding the under - grounding of utilities in the Eastview annexation area, Mayor Shaw requested Council's opinion about responding to such incidents. It was the consensus of Council that if a specific Council policy exists then it would be permissible to write a letter, otherwise the letter should be reviewed by the Council. PUC HEARING REGARDING Since it has been decided in court that SCHOOL BUS RATES the PUC no longer has control over the (1401) School Bus serving the City, it was the consensus of Council that the Franchise Subcommittee should prepare a report on the rate structure for Council's consider- ation. onsider- ation. PORTO VERDE APARTMENTS City Attorney Coughlan reported that the (1801) City was in receipt of a request for two changes in the agreement it has with Porto Verde: an extension of the agreement to April 1, 1980 and approval of the parking facilities, subject to review by the Director of Planning and the City Attorney. He requested Council approval of these changes. Councilman Dyda so moved, seconded by Councilman Ryan. The motion carried on the following vote: AYES: RYAN, BUERK, DYDA & MAYOR SHAW NOES: HEIN ITEMS REMOVED FROM THE CONSENT CALENDAR: MINUTES OF MAY 19 Councilwoman Hein moved, seconded & unanimously carried, by Councilman Dyda to add to the first paragraph, Page 4. "The motion carried unanimously." Council Meeting -6- 7/3/79 The minutes of June 19, 1979 were approved as amended on motion of Councilman Dyda, and seconded by Councilwoman Hein. The motion carried on the following vote: AYES: BUERK, HEIN, DYDA & MAYOR SHAW NOES: NONE ABSTAIN: RYAN MIRALESTE DRIVE - AWARD After clarification of some of the estimates OF CONTRACT (1404) for material in this contract, Councilman Dyda moved, seconded by Councilwoman Hein to award the contract to Sully Miller Contracting Company for $104,486.64 and reject all other bids. The motion carried on the following roll call vote: AYES: RYAN, BUERK, HEIN, DYDA & MAYOR SHAW NOES: NONE ADJOURNMENT: At 12:44 A.M. Councilman Dyda moved, seconded by Councilman Ryan, to adjourn the meeting to Tuesday, July 10, 1979 for a Council work session on the budget. The motion carried unanimously. LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL Council Meeting MAYOR -7- 7/3/79