CC MINS 19790821 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
AUGUST 21, 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:
II/ PRESENT:
RYAN, BUERK, HEIN, DYDA & MAYOR SHAW
ABSENT: NONE
Also present were Acting City Attorney Glen Watson, City Manager Leonard G. Wood,
Director of Planning Sharon Hightower, Community Services Officer Tom Bandy,
Director of Parks & Recreation Maynard Law, Administrative Services Officer
George Wunderlin and Deputy City Clerk Mary Jo Lof thus.
APPROVAL OF AGENDA Councilman Ryan moved, seconded by Councilman
Buerk and unanimously carried to discuss
Item No. 14 (Height Variation No. 121) after
Item No. 8.
Mayor Shaw moved, seconded by Councilwoman Hein and unanimously carried to recess
to Executive Session for discussion of pending litigation at 9:00 P.M.
After addition of San Gabriel Valley Association of Cities (Hein) , League of
California Cities (Hein) , Traffic on Montemalaga (Dyda), Extension of Site Plan
Review No. 98 (Staff) , and deletion of Item No. 10, the amended agenda was
unanimously approved on motion of Councilman Dyda seconded by Councilman Ryan.
WAIVER OF FULL READING OF Councilman Dyda 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 August 7,
1979 and Item No. 6 (Post Certification
Coastal Development Permit Procedure) , the
remainder of the Consent Calendar was approved as follows:
RESOLUTION NO. 79-70 ADOPTED RESOLUTION NO. 79-70 OF THE CITY
REGISTER OF DEMANDS COUNCIL OF THE CITY OF RANCHO PALOS VERDES
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE
SUM OF $389,304.02, DEMAND NUMBERS 6632 THROUGH
6702.
HESSE PARK - AERIAL SURVEY WORK
& ENGINEERING STUDY
Approved the firm of Reynolds Environmental
Group to provide base mapping of the Hesse
(1201) Park site. Reynolds will be responsible
for management, interface, and coordination
of the project as well as the actual aerial and engineering work. Don Reed Corporation
will provide the aerial; Shaller & Lohr, Inc. the engineering requirements. All work
to be completed within 30 days at a fee not to exceed $7,030 broken down as follows:
(1) Aerial photo and topographic mapping $2,900; (2) Research, field control, plotting
of utilities, engineering - $3,200, and (3) management, interface and coordination
- $930.
TELEPHONE SYSTEM MODIFICATIONS Approved the installation of the AE-40 telephone
(302) AT CITY HALL systemias described in the staff memorandum of
August 3, 1979.
Councilman Buerk moved, seconded by Councilman Dyda to approve the amended Consent
Calendar. The motion carried on the following roll call vote:
AYES: RYAN, BUERK, HEIN, DYDA & MAYOR SHAW
NOES: NONE
if
FLOOD CONTROL A presentation was made on behalf of the Los
(604) Angeles County Flood Control District by Mr. Carl
Blum, Area Engineer. Following the presentation,
Council asked Mr. Blum a number of questions: the cost of maintenance for flood
control in this City, the number of District personnel who work within the City,
the priorities of the District insofar as this City is concerned, and the formula
used by the County Board of Supervisors in arriving at the benefit assessment
proposition that will be on the November ballot.
Additionally, the Council discussed the possibility of the City taking over the
management of its own flood control needs.
Council requested Mr. Blum to provide the City with a list of the District's audited
expenditures for the City over the past three years.
APPEAL OF HEIGHT VARIATION Director Hightower summarized the staff reports
NO. 121 of August 21 and July 24 containing the back-
(1801) ground on this request for a height variation.
Representing the appellant was Mr. Robert Marohn, 3567 Heroic Drive, who spoke in
opposition to this second story addition. He stressed its nonconformity with the
character of the sub-community, view impairment and the cumulative effect of allowing
such additions. He presented the Council with a petition signed by residents of the
area stating their opposition.
Jack Jacobs, 3570 Heroic Drive, the appellant, also stated his reasons for opposing
this addition and requested that the Council delay a decision until after a meeting
of the homeowners associations. He felt that the Council should review the ordinance
for consistency with the Development Code. In response to his inquiry about an EIR
for this project, the City Attorney said that single family dwelling units were
categorically exempt from this requirement.
Since Council had agreed earlier to recess to executive session at 9:00 P.M. ,
Councilman Dyda moved, seconded by Councilman Ryan to continue hearing this
matter if the appellant would stick to the appeal and the speakers limit themselves
to five minutes each. The motion carried unanimously.
Also speaking in opposition to this project, stressing view impairment, cumulative
effect and the one-story character of the sub-community were the following residents:
Wesley Bartholomew, 3577 Heroic Drive; Madelyn Creighton, 3562 Heroic Drive; James
Kelly, 3550 Heroic Drive; Bob Marohn, 3567 Heroic Drive, John Arand, 5731 Mistridge
Road, and Jeannette Mucha, 5538 Littlebow Drive, representing the Rancho Palos Verde
Council of Homeowners Associations.
Councilman Dyda moved, seconded by Councilman Ryan and unanimously carried, to
give Mr. Marohn an opportunity to briefly summarize the testimony.
Mr. Marohn said he felt the addition caused significant view impairment; that it
would block the view of the Kelly and Creighton families, and requested that the
Council find in favor of the appeal and reconsider amending the ordinance.
City Council -2- August 21, 1979
Valerie Tribelhorn, 3578 Heroic Drive, the applicant, told the Council that the
addition would not have a devastating effect on views and that they should have
the right to develop their property in accordance with the Code.
During Council discussion of what was considered primary view and what the provisions
of the present ordinance protected, the suggestion was made that perhaps the members
of the Council should visit the site and get an idea of what the primary view was
in that neighborhood. Councilman Dyda moved, seconded by Councilman Ryan, and
unanimously carried to continue this matter until the first meeting in September.
EXECUTIVE SESSION At 9:50 P.M. Council recessed to Executive
Session for discussion of legal matters.
At 10:50 P.M. the meeting reconvened with the
same members present. No action was taken during the Executive Session.
LAFCO LAW SUIT Speaking in support of the City becoming a
(105) plaintiff in this law suit against LAFCO
were the following representatives of the
Citizens Against Forced Annexation: Ernest. Hoyt, 2709 Coral Ridge Road, and
Thomas Stolpman, 4120 Lorraine Road.
Dave Aleshire, attorney for Citizens Against Forced Annexation, 615 S. Flower
Street, told the Council that if the City became a plaintiff in the suit, it
would not be changed in any manner and would be pursued solely on the grounds
that the people in the community do not have a vote on the annexation and this
is in violation of equal protection clauses of the state and federal constitution.
Urging the Council not to join in the law suit were Jay D. Hodge, 28602 Friarstone
Court, President of the Strathmore Townehomes Association and David Roche, 1884
Peninsula Verde Drive, Lomita, representing the San Pedro and Peninsula Homeowners
Subcommittee on Annexation.
After comments by each of the members of Council, Councilman Buerk moved,
seconded by Councilman Dyda, that the City join the Citizens Against Forced
Annexation in their law suit against LAFCO to invalidate the provisions of
MORGA which do not give the citizens of the City the right to vote on this
annexation. The City would become a plaintiff in name only and would not be
involved in any expenditure of City funds. The motion carried on the following
roll call vote:
AYES: BUERK, HEIN & DYDA
NOES: SHAW
ABSTAIN: RYAN
Mayor Shaw moved, seconded by Councilman Dyda and unanimously carried to consider
Item No. 12 (Parcel Map No. 8947) next.
PARCEL MAP NO. 8947 Director Hightower summarized the staff
REQUEST FOR REACTIVATION report of August 21, 1979 which explained how
(1410 x 1801) this inadvertently expired parcel map could be
processed.
Mayor Shaw moved, seconded by Councilman Dyda and unanimously carried to authorize
the staff to amend the moratorium ordinance to allow parcel maps which have already
been approved by the Planning Commission to be resubmitted.
Council requested that this amendment be presented at the next Council meeting.
(At 12:45 A.M. Councilman Buerk left the meeting.)
Councilman Dyda moved, seconded by Councilman Ryan and carried, that the next item
of business to be discussed should be the traffic situation on Montemalaga Drive
and then Audience Questions regarding items not on the agenda.
City Council -3- August 21, 1979
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Councilman Ryan moved, seconded by Councilwoman Hein, to amend his amendment
by adding that if the City Attorney's comments are negative that the agreement
will not be signed. The amendment carried on a four - one vote, with Councilman
Dyda voting in opposition.
The main motion as amended carried on a four - one vote,with Councilman Dyda voting
in opposition.
SITE PLAN REVIEW NO. 98 Director Hightower told the Council that
(1801) Dr. Wall had requested an extension on this
matter until the last meeting in October.
Councilman Dyda moved, seconded by Councilman Ryan and unanimously carried to
grant an extension subject to the same conditions set out by the Council at the
July 3, 1979 meeting.
SCHOOL BUS FRANCHISE Councilman Ryan distributed a memorandum
(605 x 1401) regarding the school bus franchise.
Council then discussed the terms for the school bus franchise: regulation of
rates and safety considerations, if it could be made retroactive and the
participation of other Peninsula cities in the franchise.
Councilman Dyda moved, seconded by Councilman Ryan and unanimously carried to ask
staff to prepare a model franchise ordinance for school busses.
ENVIRONMENTAL RESOLUTIONS - Councilwoman Hein requested that the
LEAGUE OF CALIFORNIA CITIES Council give her their comments by
(306 x 1102) Friday on the environmental resolutions
to be considered by the League of California
Cities.
SAN GABRIEL VALLEY ASSOCIATION Councilwoman Hein reported that there was
OF CITIES - AB8 going to be a seminar held on August 25
(306) regarding AB8 at the City of Duarte.
REALTOR SIGNS Mayor Shaw said that she would report on this
matter at the next Council meeting.
COASTAL COMMISSION HEARING Councilman Dyda moved, seconded by Councilwoman
(309) Hein and unanimously carried to authorize the
staff and Mayor Shaw to make a presentation
at the August 27th meeting of the Coastal Commission.
REORGANIZATION OF PUBLIC Councilman Dyda moved, seconded by Councilwoman
WORKS DEPARTMENT Hein and unanimously carried to hold a Council
(302) Work Session on September 11, 1979 at 7:30 P.M.
in Council Chambers to discuss this matter.
# # 1/ 11
ITEMS REMOVED FROM THE CONSENT CALENDAR:
MINUTES OF AUGUST 7 After correction of the second on the motion
for waiver of full reading of ordinances and
resolutions and the motion regarding Revenue
Sharing on Page 5, the minutes as amended were approved on motion of Councilman
Dyda, seconded by Councilman Ryan and unanimously carried.
POST CERTIFICATION COASTAL Councilman Ryan moved, seconded by Councilwoman
DEVELOPMENT PERMIT PROCEDURE Hein and unanimously carried to approve staff
(701) testimony at the Coastal Commission hearing.
ADJOURNMENT At 2:00 A.M. Councilman Dyda moved, seconded
by Councilman Buerk and unanimously carried to
adjourn. if
AL/A..1
LEONARD G. WOOD, CITY CLERK &
��'R
EX OFFICIO CLERK OF THE COUNCIL
1.„,„
Ail!! Allk A )11.-=
. .
ortI CLERK
City Council -5- August 21, 1979