CC MINS 19790918 M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
SEPTEMBER 18, 1979
The meeting was called to order at 7:35 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: RYAN, BUERK, HEIN, DYDA AND MAYOR SHAW
ABSENT: NONE
Also present were City Attorney Patrick Coughlan, City Manager Leonard Wood,
Director of Planning Sharon Hightower, Director of Public Works Dennis Pikus,
Community Services Officer Tom Bandy, Director of Parks and Recreation Maynard Law,
Administrative Services Officer George Wunderlin and Deputy City Clerk Mary Jo
Lof thus.
APPROVAL OF AGENDA After addition of League of California
Resolutions (Shaw) , Council/Staff
Health and Welfare (Ryan) , Resolution regarding CETA (Hein), Council Retreat (Hein) ,
Public Hearing with L. A. County Supervisor Burke (Hein) and Crenshaw Boulevard
Repair Project (City Manager) the Agenda was approved unanimously on motion of
Councilman Dyda, seconded by Councilman Buerk.
Upon motion of Councilman Dyda, seconded by Councilman Buerk and unanimously
carried, Item Nos. 18 and 19 were moved forward on the agenda.
RECESS TO EXECUTIVE SESSION At 7:44 P.M. Councilman Dyda moved
seconded by Councilwoman Hein and
carried, to recess to executive session to discuss pending litigation. At
8:40 P.M. the Council reconvened with no action taken.
WAIVER OF FULL READING OF Councilman Dyda moved, seconded by
RESOLUTIONS & ORDINANCES Councilman 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 Item No. 4, the
Consent Calendar was approved as follows
on motion of Councilman Dyda, seconded by Councilwoman Hein.
RESOL. NO. 79-75 Adopted Resolution No. 79-75 of the
REGISTER OF DEMANDS City of Rancho Palos Verdes allowing
certain claims and demands in the
sum of $383,876.63, demand number 6766 through 6840.
CITY HALL TENNIS COURT- Awarded the contract to resurface the
RESURFACING tennis court at Point Vicente Park to
(1201) Eastwood & Sons for $1,600. Also,
authorized staff to refurbish the net
posts, tennis net and add a windscreen at a cost not to exceed $900.
RANCHO PALOS VERDES PARK - Awarded sprinkler repair work to
REPAIR OF IRRIGATION SYSTEM Stewart Jackson Sprinklers, Inc. The
(1201) base bid not to exceed $4,975; supple-
mentary bid of $53.50 per sprinkler head
at a total cost not to exceed $6,096, with a maximum of 120 sprinkler heads over-
hauled and total cost of the two bids not to exceed $11,061.
TRACT NO. 33039 Approved a six-month extension to
SIX-MONTH EXTENSION March 21, 1980.
(1411)
TRACT NO. 32977 Approved a six-month extension to
SIX-MONTH EXTENSION April 18, 1980.
(1411)
The motion to approve the Consent Calendar carried on the following roll call vote:
AYES: RYAN, BUERK, HEIN, DYDA & MAYOR SHAW
NOES: NONE
# If # /1 # # II
VARIANCE NO. 22 Referring to the staff memorandum of
GRICKIS FENCE September 18, 1979, Director Hightower
(1805) summarized the Council's previous action
on this matter.
Councilman Buerk moved, seconded by Councilwoman Hein to defer this matter for
60 days until the Ordinance Subcommittee has had time to review it and reports
back to the Council with a recommendation. The motion carried unanimously.
It was the consensus of Council to postpone the hearing on this matter with the
District Attorney's office for 60 days.
GRADING APPLICATION NO. 370 Associate Planner Gary Weber briefed
(1801) the Council on this grading application
which was denied by the Planning
Commission on August 14, 1979. The applicant was now appealing that decision and
requesting Council's approval of grading and retaining walls that are not
consistent with Chapter 6, Part 6 of the Development Code.
He then proceeded to brief the Council on the background of this application:
the Planning staff first became aware of a potential violation of the Development
Code and Building Code on May 25 at which time the City's Code Enforcement
Officer visited the site and issued a Stop Work Order. The applicant was notified
that all work must cease and the proper permits must be obtained.
Plans were submitted on June 8, 1979, and a file was opened on this application.
On the basis of complaints that grading activities were still occurring, another
site inspection was carried out by the Planning Staff and the County Inspector.
On June 14, 1979, the County issued a Stop Work Order.
On June 15 the Community Services Officer from the Sheriff's Department went to
the site and again notified the applicant that a stop work order was in effect
and no work was to proceed.
During this time the Planning staff was reviewing the plans and on June 28,
the applicant was notified in writing that the application had been denied
for the reasons specified.
During the time between the Commission meetings, the staff met with the applicant
to try and work out a solution to the problems. The alternative plan suggested
by staff was rejected by the applicant.
The appeal to the City Council was received on August 22, 1979.
With the use of drawings mounted for Council and audience viewing, Associate
Planner Weber then described the project as it presently exists and what was
proposed for its completion.
The Planning Commission and staff both denied the project because it violates the
numerous issues established in Section 9667 of the Code which lists the criteria
for evaluating grading applications.
City Council -2- September 18, 1979
Staff recommended that the Council uphold the Planning Commission's decision
denying this application.
In response to Council's inquiry, Mr. Weber said that the retaining wall had
not been tested for its retaining capacity and that the other walls had been
built after the stop work orders had been issued. Responding to Council's
inquiry about the attempted compromise with the applicant, he explained that
staff was willing to allow the series of small retaining walls if the pool could
be relocated, and if the large retaining wall was eliminated.
David Jacobson, 3422 Deluna Drive, the applicant in this matter, showed slides
of his property taken before and after the installation of the retaining walls.
(Since these slides were presented in evidence, the City Attorney requested
that they be marked by the City Clerk.)
Dan Van Dorpe, the applicant's Civil Engineer, 12900 Garden Grove Boulevard,
Garden Grove, requested the definition of up-hill and down-hill slopes. The
City Attorney responded that slopes going down hill from a residence were
considered a down-hill slope and those going up hill from a residence were
considered up-hill slopes. This definition has been consistently applied
since the adoption of this ordinance.
Referring to the Development Code, Mr. Van Dorpe said he felt all of the pro-
posed walls fell within the criteria and complied with the code; he would
be willing to lower the pool and that the wall would be shielded with plantings.
Scott Nichols, the applicant's attorney, 4909 Lakewood Boulevard, Suite 300,
Lakewood, Ca. , said he felt that the walls were permissible under the inter-
pretation of the code; the walls retain very little, but that the big wall
had not been inspected. If a permit is approved a condition could be added
that the County Engineer is to inspect and determine its safety. It was his
opinion that the project was as esthetically pleasing, and a worthwhile
development. He requested Council approve the project.
Mr. William Duggins, 3427 Corinna Drive, told the Council he had concerns
about the safety of the slope between the retaining wall and the property;
the area has always been unstable and during the heavy rains last winter the
mud collected in the drainage ditch. Also, he questioned the adequacy of the
wall's foundation and distributed pictures showing how the dirt was falling
away from its base.
RECESS At 9:45 P.M. Mayor Shaw declared
a brief recess. At 9:50 the meeting
reconvened.
Mrs. Helen Duggins, 3427 Corinna Drive, told the Council that she felt the lot
was not pool size. She showed slides of the project as it is viewed from their
property. (These slides were later presented to the Clerk for the City's files.)
Mr. Edward H. Richardson, 3405 Corinna Drive, cited the considerable amount of
trouble he has had with this hillside during the rainy season and requested
that the Council have the wall and hillside checked for safety.
Mrs. Bacher, 3430 Deluna Drive, Mrs. Dorothy Letarte, 3432 Covinna Drive, and
Mrs. Joyce Frey, 3414 Deluna Drive, requested that their names be on record as
opposing this project.
Mr. Nichols, the applicant's attorney, said that since the safety of the wall
seems to be of concern, his client has offered to have the wall inspected and
condition the granting of the permit upon the safety of the wall. The wall
will be stuccoed, painted and buffered by landscaping with erosion resistant
plants.
In response to Council's inquiry about the amount of fill that will be used,
Mr. Van Dorpe told the Council that he wanted to find out what would be permitted.
If 3-1/2 feet of fill is approved that is what they will put in. He was willing
to allow the County Engineer to measure the core of the wall, determine the
City Council -3- September 18, 1979
reinforcement, masonry and grout. He doesn't have the plans for this wall be-
cause he started working on the project after its construction.
In response to Council's inquiry, Director Hightower said that there was no
record of inspection of this wall during construction because no permits were
taken out. Also, since the slope of the area exceeded 35%, a grading wall with
a garden wall on top of it would not be allowed.
Expressing concern about the mud problems experienced with this slope, especial-
ly since there were homes below it, Councilman Buerk moved, seconded by
Councilman Dyda to deny this appeal.
Councilman Dyda requested that the motion be amended to indicate: (1) There
was no testimony to indicate administrative error; and (2) there was no new
evidence presented to Council other than an elaboration of what was already
presented in the agenda package. The amendment was seconded by Councilman Ryan
and carried unanimously.
The City Attorney then proceeded to detail the next seven finding for Council's
denial of the appeal: (3) the grading is excessive beyond that necessary for
the permitted primary (i.e. residential) use of the lot. That from the testimony
presented and as indicated in the plans and specifications presented it was
clearly intended to extend the property to add accessory uses. (4) The grading
and/or construction does significantly adversely affect the visual relationships
with the neighboring sites. (5) The project creates finished slopes greater than
35 percent and the City Council cannot find that there is no threat to the
and safety of the adjacent residents because of the extensive testimony
concerning the slippage in the area. (6) The fill exceeds 5 feet in the South-
western corner. (7) The height and number of downslope and side yard retaining
walls allowed by the Development Code is exceeded. (8) the project has grading
on a slope greater than 35 percent and testimony clearly shows that these slopes
have experienced erosion problems. (9) Grading and construction of retaining walls
were undertaken without benefit of City approval of permits and there is no sure
way to determine the safety of the walls without removal. Councilman Buerk
moved, seconded by Councilman Dyda that these conditions become part of the
main motion. The amendment carried unanimously.
Councilman Ryan moved, seconded by Councilwoman Hein that within 30 days the
applicant must file a new application with the Planning Department; failing
that, the applicant must commence destruction of all the walls within 45 days
and complete within 75 days. If the application to the Planning Commission
is denied, he must then commence destruction of all unauthorized walls within
60 days of that denial and complete the work within 90 days.
Mayor Shaw proposed a substitute motion, seconded by Councilman Dyda, that the
applicant has 30 days to submit a new plan meeting the concerns of the City.
If none is submitted by the 30th day, demolition of all the walls and restoration
is to start; the applicant has 30 days to complete the work. Per the Planning
Commission's recommendation, in the event a new plan is submitted and not
acceptable, then the Planning Commission, or if the matter is appealed to the
City Council, will then establish demolition dates for the walls. The sub-
stitute motion carried unanimously.
Councilwoman Hein moved, seconded by Councilman Buerk, to amend the motion to add
that along with the application, the applicant must file a bond satisfactory to
the Planning Director. If a permit is not granted, this bond will assure the
demolition of the walls and completion of the process to protect neighboring
property and assure clean-up and restoration. The amendment carried unanimously.
The main motion as amended carried unanimously.
CETA RECRUITMENT City Manager summarized the staff report
(601 X 1201) of September 12, 1979, prepared by the
Director of Parks & Recreation and the September 10, 1979 report from the Community
Services Officer regarding the replacement of CETA personnel.
City Council -4- September 18, 1979
Speaking in favor of establishing a permanent position of a Therapeutic
Recreation Specialist were the following residents of the Peninsula: Tres
Mennis, 721 Paseo del Mar, Palos Verdes Estates; Agnes Moss, 6405 Chartres Drive,
Rancho Palos Verdes; Marilyn Mederios, 28510 Cedarbluff Drive, Rancho Palos
Verdes; Janet Pudik, representing the Harbor Regional Center for the Develop-
mentally Disabled, and Stella Horton, Palos Verdes Estates. These speakers
stressed the need to continue the therapeutic program and to continue and
expand the Senior Citizen program.
After a number of questions and comments by Council, Councilwoman Hein moved,
seconded by Councilman Ryan to adopt the City Manager's recommendations:
provide authorization to make the receptionist and therapeutic specialist
within the Parks & Recreation Department full-time. Also, request staff to
explore the possibility of the other Peninsula cities participating in the
therapeutic and senior citizen program since both are Peninsula projects.
Staff is to report back to Council. Councilman Dyda moved to amend the
motion to request that staff establish a residency and non-residency fee
structure for the therapeutic and senior citizen program such as to essentially
avoid any subsidy by this City for non-residents until such time as other
cities share in the cost of these programs. The amendment was seconded by
Councilwoman Hein and carried unanimously.
Councilman Buerk moved, seconded by Councilman Dyda, to amend the main motion
to eliminate the receptionist position. The amendment failed on a four-one
vote with Councilman Buerk voting in the affirmative.
The main motion as amended carried on the following roll call vote:
AYES: RYAN, HEIN, DYDA & MAYOR SHAW
NOES: BUERK
ABSTAIN: NONE
CHANGE IN AGENDA Councilman Dyda moved, seconded by
Councilwoman Hein to continue Item
Nos. 8 and 9 until the first Council Meeting in October.
LETTER FROM INTERNATIONAL Councilman Buerk said that he would
TRADE ASSOCIATION OF attend the October 3rd meeting of
SOUTH BAY this organization.
(306)
REPORT ON COASTAL PLAN Councilman Buerk moved, seconded by
(701) Councilman Ryan to authorize the Director
of Planning and the City Attorney to
meet with Mr. Fisher of the Coastal Commission. The motion carried unanimously.
LEAGUE OF CALIFORNIA Mayor Shaw referred to the Annual
RESOLUTIONS Conference Resolutions that had been
(306) previously distributed to Council.
If any of the members had concerns
about these resolutions, she requested that they contact her.
(At 12:25 A.M. City Attorney Coughlan left the meeting.)
DEWATERING REPORT FROM Councilman Dyda said that the Sub-
GEOLOGIST ON DEWATERING committee had reviewed the geologist's
WELLS report; he then moved that the Council
(1801) accept the final Dewatering Test
Results and Related Analysis, dated
August 16, 1979, prepared by Robert Stone & Associates. The motion was second-
ed by Councilwoman Hein and carried unanimously.
MEETING WITH ARA Councilman Dyda reported on a meeting
RE: SCHOOL BUS RATES he and Councilman Ryan had with repre-
(605) sentatives of the school bus company.
Within 30 to 45 days the company will
conduct a user survey; the results will be presented prior to the beginning
of the next school year semester. He suggested the City wait until the comple-
tion of the survey to determine the necessity of an operating franchise.
City Council -5- September 18, 1979
COUNCIL RETREAT Councilwoman Hein moved, seconded by
(307) Councilman Dyda, to continue this item
to the next Council meeting. The motion carried unanimously.
PUBLIC MEETING WITH Councilman Buerk moved, seconded by
COUNTY SUPERVISOR BURKE Councilman Dyda, and unanimously carried
(109) to authorize Councilwoman Hein to testify
at a public hearing being held by Supervisor Burke regarding maintenance of
County beaches.
AUDIENCE QUESTIONS Mr. Charles Himelwright, 21 Kumquat
(1801) Lane, told the Council that he
couldn't afford the geologists report
required by the City to enable him to bring in fill dirt.
In response to a remark made in Mr. Himelwright's September 17 letter regarding
the fill the City brought in for repair of Palos Verdes Drive South, Director
Pikus said that the City did get assurance from the City Geologist that it was
safe to bring it in to the area.
Councilwoman Hein moved, seconded by Councilman Ryan to send this matter to
the subcommittee to discuss this and other similar problems with the City Geologists
and report back to the Council at the next meeting. The motion carried unani-
mously.
Mr. Robert W. McJones, One Limetree Lane, told the Council that he was concerned
about the strict enforcement of building codes by the County. He felt that
codes for normal land were inappropriate for the landslide area. He suggested
a formalized procedure as outlined in his September 14 letter to the City Council.
Mrs. Sofia Van Ettinger, 10 Cherry Hill Drive, told the Council that she has
known Mr. McJones for many years and requested that they allow him to continue
his building.
Dave Ruth, 40 Cinnamon Lane, representing the Portuguese Bend Community Association,
told the Council that he will work with the subcommittee to resolve the problems
faced by all of the residents in the slide area.
DEL CERRO PARK - Councilman Buerk moved, seconded by
REQUEST FOR HOUSE NUMBERING Councilman Dyda and unanimously carried
CHANGE to set a date for a public hearing re-
(1406) garding a house number change on all
streets within the Del Cerro area on
October 16, 1979.
STREET VACATION - Resolution No. 79-76 OF THE CITY COUNCIL
GRANDPOINT LANE OF THE CITY OF RANCHO PALOS VERDES DE-
(1408) CLARING ITS INTENTION TO VACATE A PORTION
OF GRANDPOINT LANE SOUTH OF HIGHPOINT ROAD
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. 79-76.
TRACT NO. 31617 - DRAINAGE Councilman Buerk moved, seconded by
IMPROVEMENTS Councilman Ryan to approve the staff
(1411) recommendation as outlined in the
September 18, 1979 memorandum.
After comments by Council regarding the drainage problems in that area,
Councilman Dyda moved, seconded by Councilman Ryan, that an amendment be
made to the motion requesting staff to review the impact of that drainage on
Altamira and Edwards Canyon. The amendment carried unanimously.
The main motion as amended carried unanimously.
City Council -6- September 18, 1979
CETA RESOLUTIONS Referring to the resolution from the
City of Huntington Park regarding
improvements in the CETA program, Mayor Shaw requested Council's review of
this and to contact her if they had any concerns.
CRENSHAW BOULEVARD REPAIR Councilman Dyda moved, seconded by
PROJECT - AWARD OF CONTRACT Councilman Buerk to approve staff
(1405) recommendation and award the contract
for the Crenshaw Boulevard repair to
Frontier Concrete and reject all other bids. The motion carried on the following
roll call vote:
AYES: RYAN, BUERK, HEIN, DYDA & MAYOR SHAW
NOES: NONE
PURCHASE OF TRUCK FOR Director Law summarized his September
PARKS & RECREATION DEPT. 18, 1979 memo regarding the purchase of
(1201) a truck for the Parks and Recreation
Department. Staff recommended that the
City purchase a 3/4 ton truck at a total cost of $5811.97 from Harbor Datsun.
Councilman Ryan moved, seconded by Councilman Buerk to instruct staff to purchase
and American made vehicle. The motion failed on a three - two vote with Dyda,
Hein and Shaw voting in opposition.
Councilman Dyda moved, seconded by Mayor Shaw to authorize staff to purchase the
truck as recommended in the staff memo of September 18. Council then discussed
the pros and cons of purchasing a foreign made truck as opposed to an American
made model. To close debate on the matter, Mayor Shaw called for a vote on
Councilman Dyda's motion. Councilman Ryan requested a roll call vote to close
debate. Roll call was answered as follows:
AYES: BUERK, DYDA & MAYOR SHAW
NOES: RYAN & HEIN
The motion to approve Staff recommendation was carried on the following roll
call vote:
AYES. HEIN, DYDA & MAYOR SHAW
NOES: RYAN & BUERK
ADJOURNMENT: At 1:16 A.M. Councilman Dyda moved,
seconded by Councilman Buerk, and
unanimously carried to adjourn.
MAYOR
LEONARD G. WOOD, CITY CLERK &
EX OFFICIO CLERK OF THE COUNCIL
/AA Ad) / 4'
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City Council -7- September 18, 1979