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CC MINS 19790717 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 17, 1979 The meeting was called to order at 7:40 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 AND MAYOR SHAW II/ LATE ARRIVAL: DYDA @ 8:50 P.M. Also present were Acting City Attorney Mary Walker, City Manager Leonard G. Wood, Director of Planning Sharon Hightower, Director of Public Works Dennis Pikus, Director of Parks and Recreation Maynard Law, Administrative Services Officer George Wunderlin, and Deputy City Clerk Mary Jo Lofthus. APPROVAL OF AGENDA After addition of Highridge Bike Path (Ryan) , Cable TV (Buerk) , Joint Exercise of Powers Agreement (Shaw) , the amended agenda was approved on motion of Councilwoman Hein, seconded by Coundilman Ryan and unanimously carried. It was agreed to hear Item No. 15 (Request for Initiation of Amendment to General Plan) at 8:30 P.M. WAIVER OF FULL READING OF Councilwoman Hein moved, seconded by Councilman RESOLUTIONS & ORDINANCES Ryan 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 July 3 and Item No. 8, the Consent Calendar was approved as follows on motion of Councilwoman Hein, seconded by Councilman Ryan. MINUTES Approved as presented the minutes of June 29, 1979. RESOLUTION NO. 79-63 ADOPTED RESOLUTION NO. 79-63 OF THE CITY COUNCIL REGISTER OF DEMANDS OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $134,190.92, DEMAND NUMBERS 6502 THROUGH 6562. TRACT NO. 33034 Granted a six-month time extension to February EXTENSION OF TRACT MAP 2, 1980 for Tract Map No. 33034. (1411) EDWARD J. McCLAFFERTY - Rejected claim as provided in Government Code, CLAIM AGAINST THE CITY Section 913. (303) GERRY & HELEN GARTLAND - Rejected claim as provided in Government Code, CLAIM AGAINST THE CITY Section 913. (303) -1- RICHMOND R. KELLY - Rejected claim as provided in Government Code, CLAIM AGAINST THE CITY Section 913. (303) PARCEL MAP NO. 6467 - Approved the required grading work, released RELEASE OF GRADING BOND the agreement and released Bond No. 7 SM 169 270 (1410) in the amount of $14,360. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: RYAN, BUERK, HEIN AND MAYOR SHAW NOES: NONE ABSENT: DYDA DATE FOR ADOPTION Councilwoman Hein moved, seconded by Councilman OF BUDGET Ryan to set August 7, 1979 as the date to adopt the budget for fiscal year 1979-80. The motion carried unanimously. HESSE PARK - Director Law summarized the July 10, 1979 SELECTION OF ARCHITECT memorandum which gave the background and (1201) evaluation of the firms considered to plan this park. Councilman Ryan moved, seconded by Councilwoman Hein and unanimously carried to authorize the City Council or its authorized representative to enter into contract- ual negotiations with the landscape architectural firm of Reynolds Environmental Group for the design, up to and including construction drawings on Hesse Park. PUBLIC HEARING: EASTVIEW ANNEXATION Mayor Shaw reopened the public hearing which (105) had been continued from June 29, 1979 for the purpose of accepting additional protest petitions. Jeff Case, 27642 Tarrasa Drive, San Pedro, representing the Eastview Independent Home- owners, presented the Clerk with additional petitions signed by registered voters and property owners in the Eastview Area. City Manager Wood gave a brief summary of the July 17, 1979 memo which contained an up-date on the status of the annexation process. There was no response to the Mayor's call for additional public testimony. Councilman Ryan moved, seconded by Councilwoman Hein and unanimously carried to close the public hearing. The Clerk reported that there was a total of twenty-five pages of petitions signed by registered voters and twenty-five pages of petitions signed by property owners in the Eastview area. Mr. Case was presented with a receipt for the petitions. LOS ANGELES COUNTY DEPARTMENT Councilman Buerk moved, seconded by Councilman OF BEACHES Ryan and unanimously carried to authorize the (104) Mayor to send a letter in support of this request from the Los Angeles Beach Advisory Committee seeking state aid for beach maintenance. PALOS VERDES LIBRARY DISTRICT In response to a letter received from the (1001) Library District requesting Council support of SB- 958, Councilman Ryan moved, seconded by Councilman Buerk, and unanimously carried to support this bill. ' Council Meeting -2- 7/17/79 COASTAL LEGISLATION POLICIES Director Hightower reviewed the Coastal Act (701 x 310) provision pertaining certification deadline for local coastal plans. She recommended that the City support any efforts to ensure that in the event a local coastal program has been properly submitted but not certified by the deadline mandated by the Act, that permit authority pass to the local jurisdiction. Councilman Buerk moved, seconded by Councilwoman Hein, to adopt recommended coastal policy. The motion carried on the following vote: AYES: RYAN, BUERK AND HEIN NOES: SHAW ABSENT: DYDA HIGHRIDGE ROAD BIKEWAY Director Pikus distributed sketches of this (112) bikeway showing its present design and the design of a standard bikeway. Council then discussed the markings and measurements for this bikeway; if changes could be made in its design prior to the start of school, and if discussion of these changes could be held over until the next Council meeting. Councilman Ryan moved that the bike lane should be 6 ft. wide with a 4 ft. painted barrier between the shoulder of the road and the bike path. Also, the words "bike path" and directional arrows to be painted in. The motion was seconded by Mayor Shaw. (At 8:50 P.M. Councilman Dyda arrived and was present for the remainder of the meeting. ) Council then discussed if this bikeway should conform to regular street standards. It was the consensus of Council to table this matter until after the recess. Councilman Ryan so moved, seconded by Councilwoman Hein and carried unanimously. RECESS: At 9:00 P.M. the Mayor declared a recess. At 9:10 P.M. the meeting reconvened. Since it had been decided earlier to consider Item No. 15 at 8:30 P.M, Council agreed to further delay discussion of the Highridge Bikeway until after this item. REQUEST FOR GENERAL Director Hightower briefed the Council on this PLAN AMENDMENT request from Palos Verdes Properties requesting (701) initiation of an amendment on property at Crestridge and Crenshaw from Institutional and Hazard to Residential, 2-4 dwelling units per acre. This 35 acre parcel includes approximately 16 acres of institutional, fronting on Crestridge and the remainder hazard, due to 35% slopes down to Indian Peak. Staff recommended that this request be denied. Mike Kochan, Assistant General Manager of Palos Verdes Properties, 811 Silver Spur Road, told the Council that the property has been zoned institutional for several years and his company has not been successful in attempting to make a sale. With the use of draw- ings mounted for audience and Council viewing, he explained the features of this property; the proposed 80-unit housing development, and the grading that would take place. Representing the residents of Mistridge Drive was John Arand, 5731 Mistridge Drive who said that Palos Verdes Properties had met with the homeowners and explained their plans. All, of the residents were in favor of them. He distributed a letter to Council dated July 16, 1979 which stated their approval of the two drawings presented to the homeowners on July 16, 1979 by Richardson-Nagy-Martin, Job No. 7923A. Council advised Mr. Arand that Palos Verdes Properties would not be obligated to build this type of plan; that they could sell the property, and also told him about the heavy traffic created by housing developments. Mike Kochan said that Palos Verdes Properties would be willing to commit in writing to this particular plan. Council Meeting -3- 7/17/79 Councilman Dyda moved, seconded by Councilman Ryan, to initiate a general plan amendment. Council discussion then followed regarding whether this plan was consistent with the General Plan; if this is the type of plan the City would allow, and if the zoning should remain institutional to allow for some possible future needs. With the consent of the second, Councilman Dyda amended the motion to include the pro- vision that the initiation for amendment was for the purpose of changing the zoning from institutional to residential. The motion carried on the following vote: AYES: RYAN, DYDA AND HEIN NOES: BUERK AND MAYOR SHAW HIGHRIDGE BIKEWAY With the consent of the second, Councilman (112) Ryan withdrew his earlier motion on this matter. Councilman Dyda moved, seconded by Councilwoman Hein and unanimously carried to refer this matter to the Street Standards Subcommittee for a report to the Council at the next meeting. REOPEN AGENDA - Mayor Shaw moved, seconded by Councilman Dyda and unanimously carried to reopen the agenda to allow discussion of SB-1203 CABLE TELEVISION Councilman Buerk inquired if the City had met (605) with any success in obtaining applications from other cable television companies. Administrative Services Officer responded that letters had been sent to 27 cable television companies and that an ad has been placed in one of the trade journals, however, nobody had applied for a franchise. Council then discussed the City's ability to regulate rates and service, and the status of legislation which would take away the ability of cities to regulate rates. Councilwoman Hein moved, seconded by Mayor Shaw and unanimously carried, to refer this matter to the Franchise Subcommittee. PT. VICENTE BEACH PARK - Director Law summarized the Staff memorandum JOINT EXERCISE OF POWERS AGREEMENT of July 17, 1979 which recapped the negotiations (1201) between the City and the County of Los Angeles for use of the Lower Nike Site. The County is now prepared to meet the needs of the City in terms of development, lease arrangements and financial aid. He recommended that the Council authorize the Mayor to sign the Joint Exercise of Powers Agreement in regards to the development of the Lower Nike Site. Discussion followed on the provisions of Paragraph No. 8 and whether it provided enough protection for the City. Councilwoman Hein moved to refer Section 8 to the City Attorney for clarification and see if it was possible to add a provision for 30 days notice. The motion died for lack of a second. Discussion then followed regarding long range maintenance costs and the degree of development. Councilman Ryan moved, seconded by Councilman Dyda to authorize the Mayor to sign the Joint Exercise of Powers Agreement upon review of Council's concerns by the City Attorney to make sure that Section 8 provided adequate notification for the City.T he motion carried on the following vote: AYES: RYAN, HEIN, DYDA AND MAYOR SHAW NOES: BUERK Council Meeting 4- 7/17/ 79 SB-1203 Councilman Dyda reported on the hearing in SPECIAL DISTRICT LIABILITY (1801) Sacramento before the Senate Judiciary Committee on SB-1203, dealing with relieving the City of liability incidental to remedial work and allow the City to proceed with and the formation of the special district for the Abalone Cove Slide area. Senators Beverly/ Smith voted in favor of the Bill and it now goes to a call vote whereby Senator Beverly would try to get the approval of five members of the committee. After that, the bill will then go to the floor for a vote. AUDIENCE QUESTIONS Muriel Titzler, 3 Ginger Root Lane, read a letter to the Council donating volunteer hours each day to aid the City of Rancho Palos Verdes. In response to Council's request, Mrs. Titzler said that she would write a letter to the Council specifying the incidents referred to in the letter. ITEMS REMOVED FROM THE CONSENT CALENDAR: MINUTES OF JULY 3, 1979 On Page 5, under the subject "Variance Procedure for Moratorium Area" - third line, Councilman Dyda moved, seconded by Council- woman Hein to strike "Councilman Buerk". The motion carried on a four-one vote with Councilman Buerk abstaining. Mayor Shaw moved, seconded by Councilwoman Hein, and unanimously carried to add "and" in the second line of that same paragraph. On Page 2, fourth paragraph of Site Plan Review No. 98, Councilwoman Hein noted that the motion did not indicate who made the second. Councilwoman Hein moved, seconded by Councilman Dyda, and unanimously carried, to approve the minutes as amended. STREET VACATIONS Council expressed concern about the provisions RESOLUTION NO. 79-64 - of this street vacation insofar as it would INTENTION TO VACATE A affect the flow of traffic in that area and PORTION OF PALOS VERDES the City's general policy for maintaining DRIVE EAST any rights-of-way for possible future use. (1408) Councilman Dyda moved, seconded by Councilman Buerk and unanimously carried, to refer the matter of street vacations to the Street Standards Committee. Representing the applicant Kenneth Battram, was Richard Leonard, 17422 S. Prairie Avenue, Torrance, who said that this formal request for vacation has been underway for three years. The area to be vacated is 1-11/2 slope and has been irrigated and main- tained by Mr. Battram. Due to the topography between the two lots owned by the appli- cant, a higher portion of the lot where the vacation is requested fits with the adjacent property and to realign the property line to accommodate the boundary adjustment would make this a substandard lot. RESOLUTION NO. 79-64 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING ITS INTENTION TO VACATE A PORTION OF PALOS VERDES DRIVE EAST NORTH OF CALLE AVENTURA AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON was read by title. Council- man Dyda moved, seconded by Councilman Ryan and unanimously carried to ADOPT RESOLUTION NO. 79-64. RESOLUTION NO. 79-65 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING ITS INTENTION TO VACATE A PORTION OF PALOS VERDES DRIVE EAST SOUTH OF VIA SUBIDA AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON was read by title. Councilman Buerk moved, seconded by Councilman Dyda and unanimously carried to ADOPT RESOLUTION NO. 79-65. Council Meeting -5- 7/17/79 ADJOURNMENT At 11:15 P.M. Councilman Ryan moved, seconded by Councilman Dyda to adjourn to July 19, 1979 @ 7:30 P.M. for a Work Session on Plaza Palos Verdes to be held in Council Chambers. The motion carried on a four-one vote with Councilwoman Hein voting no. if O - MAYOR LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL 4,12./ 40% lA I _ .V CITY ERK Council Meeting -6- 7/17/79