CC MINS 19791002 M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
OCTOBER 2, 1979
The meeting was called to order at 7:35 P.M. by Mayor Pro Tem Hein at the Palos
Verdes Unified School District Building, 30942 Hawthorne Boulevard. Following
the Pledge of Allegiance to the flag, roll call was answered as follows:
11/ PRESENT: RYAN, BUERK, DYDA & MAYOR PRO TEM HEIN
ABSENT: MAYOR SHAW
Also present were Acting City Attorney Mary Walker, City Manager Leonard Wood,
Director of Planning Sharon W. Hightower, Director of Parks & Recreation
Maynard Law, Administrative Services Officer George Wunderlin, and Deputy City
Clerk Mary Jo Lofthus.
APPROVAL OF AGENDA After addition of Progress Report on
Abalone Cove Landslide (Dyda) , Soccer
Field at Portuguese Bend (Ryan) , and Brush Clearance (Ryan) the amended agenda was
approved on motion of Councilman Dyda, seconded by Councilman Ryan and unanimously
carried.
Councilman Ryan moved, seconded by Councilman Dyda and unanimously carried to hear
the Audience Questions portion of the agenda at 9:00 P.M.
WAIVER OF FULL READING OF Councilman Dyda moved, seconded by
ORDINANCES & RESOLUTIONS Councilman Ryan and unanimously carried
to waive reading in full of all ordi-
nances 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 resolu-
t ion.
II # II #
CONSENT CALENDAR After removal of Item No. 5 (Letter from
Parks & Recreation Committee) the remainder
of the Consent Calendar was approved as follows on motion of Councilman Dyda, seconded
by Councilman Buerk:
MINUTES Approved as presented the Minutes of
the City Council Meeting of September
4, 1979.
RESOLUTION NO. 79-77 ADOPTED RESOLUTION NO. 79-77 OF THE CITY
11/ REGISTER OF DEMANDS COUNCIL OF THE CITY OF RANCHO PALOS
VERDES ALLOWING CERTAIN CLAIMS AND
DEMANDS IN THE SUM OF $304,612.32, DEMAND NUMBER 6481 THROUGH 6884.
RENEWAL OF STREET SWEEPING Authorized the Mayor to enter into an
CONTRACT (1405) agreement with South Bay Sweeping
Company for street sweeping services
at $9.75/per curb mile and that $4,062 be transferred from the Highway and Trans-
portation Fund unappropriated balances to the street sweeping account.
SIDEWALK REPAIR PROJECT Authorized the Mayor to enter into an
(1405) agreement with Mushroom Construction
Company for the remaining part of Phase 1.
The motion to approve the Consent Calendar carried on the following roll call vote:
AYES: RYAN, BUERK, DYDA & MAYOR PRO TEM HEIN
NOES: NONE
ABSENT: MAYOR SHAW
# # # #
LANDSLIDE CONSTRUCTION Director Hightower summarized the
CONCERNS staff report of October 2, 1979 which
(1801) outlined the Council's action taken at
their Adjourned Meeting of September 11,
1979.
With regard to Recommendation No. 5, Council expressed concern about the method
for determining property lines in this moving area. The suggestion was made to
use the right-of-way on Palos Verdes Drive South as the boundary for this area.
Mr. Alfred Marin, 8 Roseapple, requested that Council grant him permission to
complete the work on his home.
Mr. Bob McJones, 1 Lime Tree Lane, requested that the Council take action to allow
him continue building since the rainy season would be starting shortly.
Mr. Bob Smalley, 56 Lime Tree Lane, told the Council he felt people in
the slide area should have the same privileges as other residents in making changes
to their homes. He concurred with having the residents sign the hold harmless
agreements; requested that Council maintain the electrical and plumbing codes
and allow the importation of dirt to fill fissures and cracks on both private and
public property.
Referring to the recommendations listed in the October 2, 1979 staff memorandum,
Councilman Dyda moved, seconded by Councilman Buerk and unanimously carried to
initiate a Code amendment to Section 9412, F as follows:
F. Within areas currently experiencing downslope movement, only residential
single family buildings and structures existing on the effective date
of this Ordinance (1975) may be used, or restored providing:
1. The owner files a non-suit covenant with the City of Rancho Palos
Verdes relieving said City of responsibility related to whatever
hazard may exist.
2. Said restoration will not aggravate the present condition.
3. Homes must be occupied or the owners must undertake meaningful
action to restore within one year of damage.
4. Restoration shall be limited to the same square footage as the
original home.
5. Setbacks may be waived for restoration upon application to the
the Director of Planning.
Councilman Dyda moved, seconded by Councilman Buerk, and unanimously carried to
adopt the policy statement recommended by staff and that the following definitions
shall apply as used in various City plans and codes:
1. Maintain is to keep in a particular safe condition.
2. Repair is to bring back to a safe condition after partial decay
or destruction.
3. Restore is to bring back to the original condition.
4. Replace is to exchange a damaged or worn-out portion for a new,
repaired or equivalent portion without changing form or function.
City Council -2- October 2, 1979
S. Alter is to change in some but not all respects where necessary
to continue the use of, and where repair, replacement and restora-
tion are not possible.
6. The proposed Code amendment, Section A above, is City policy until
the amendment is approved and when approved will be policy in the
entire landslide moratorium area.
Councilman Dyda moved, seconded by Councilman Buerk and unanimously carried, that
Council make determination on the following unfinished items in time to be included
in the code amendment: (1) any necessary new terminology to replace "existing founda-
tion;" (2) Expansion and additions to homes; and (3) dealing with the building code
problem with regard to the portions that should be enforced to allow for innovative
structures.
Since staff testimony indicated that the circumstances surrounding Mr. Marin's
situation fell within the repair and restoration sections just adopted as policy
and within the definitions, Councilman Dyda moved, seconded by Councilman Ryan to
take appropriate steps to allow Mr. Marin to repair and restore his home. This would
include application for proper permits.
Discussion then followed regarding inspection standards used for approval of the
foundation for the Marin house and the development of a code to allow for innovative
building methods which would provide safe standards.
Roll call vote in response to Councilman Buerk's request to call for the question was
answered as follows:
AYES: BUERK
NOES: RYAN, DYDA & MAYOR PRO TEM HEIN
Council discussion then centered on how the Marin application could be processed
through the County Engineer's office taking into consideration its unusual foundation.
Director Hightower stated that in conversation with the District Engineer it was
her impression that this type of foundation could be handled through a plan check
for the foundation's strength; this procedure has been followed in the past and
permits have been issued.
Councilman Buerk moved, seconded by Councilman Dyda to amend the motion by adding that
staff was to inform the County of the City's desire to have this case processed;
that the foundation be especially reviewed with regard to safety, but not according
to traditional standards; that it be expedited within two weeks. If any problems
exist, staff is to report back to Council at the next meeting. The amendment carried
unanimously.
The main motion to allow Mr. Marin to repair and restore carried unanimously.
AUDIENCE QUESTIONS There was no response to the Mayor Pro
Tem's call for audience questions.
RECESS At 9:00 P.M. Mayor Pro Tem Hein declared
a brief recess. At 9:10 the meeting re-
convened.
CHANGE IN AGENDA To facilitate public testimony, Councilman
Ryan moved, seconded by Councilman Dyda
to change the order of the agenda and discuss Item No. 14 after the completion of
the discussion on the landslide construction concerns.
LANDSLIDE CONSTRUCTION CONCERNS Councilman Ryan moved, seconded by Councilman
- Robert McJones Dyda to remand this matter back to the
(1801) Subcommittee for consultation with the
County Building Department.
Councilman Dyda proposed a substitute motion, seconded by Councilman Ryan, that the
subcommittee, in consultation with the staff and County Engineer, bring back a
process that recognizes the need for permits as well as the requirement for innovative
solutions to situations in the slide area. The substitute motion carried unanimously.
City Council -3- October 2, 1979
6L6T `Z iagog00 ITouno0 ATz0
'6L6T `TT (TOZT x ZTT)
ragmagda5 go ouiaui aaggzunuo0 UoTquaroaH I'IISISNOdS�2I
-sTrud alp pa zT rummns pooh ra2BUUk1 1gz0 SIAMIS AS 1IV I g)II I
•TTuqua pTnom Apn:s B Bons qugm oq su Tzouno0
o: pouq qrodar puu raqqBm alp a1u2TgsaAUT pTnom au qugq paqugs poop raftuuk1 Afz0
•goadsar quip uT maTgoid u aru sNuuq oTldas JT
auTmaagap puu maTAar J JBqs quqq pazrruo ATsnomTUBUn puu upA[ UBUU[Touno0 Aq papuooas
`panouz hang uuuJTTouno0 `aPTTs go asnuo age. aq qg2Tm Aagq qugq Agmgzssod alp
puu apzs qSB[ alp UO UOXUBO alp oquz uzuap quqq S)Juuq ozidas go asn alp off. 2uTrrajau
•ATsnomzuuun paTaauo UoTgom uTUU1 au
•ATsnomzuuun pazrruo puu uBAH uuu1TTouno0 Aq papuooas sum quatupuaur
au •sictp 2uTNaob uaq uzggTm ic:z0 aq: oq grodar A2oToa2 aqi gTmgns gszT2ua
•rks :ugq arznbar o: papuauru ragganj aq uozgom alp qugq pagsanbar upAQ uumTTouno0
•icT snouizuuun paTaauo puu uBicg uuu1TT ouno0 icq papuooas sum quampuamu au
•Izouno0 aq: oq jouq gaodar oq sT ggugs suiaTgord Auu are aragj gI •gsTT2uE •.zy1 Aq
paggTmqns aq oq lrodar i2oToa2 age sNaam omq uzqpzm maTAar raauT2ua Aquno0 alp
gsanbar j jujs quqq aqugs oq papuaue aq uoTgom aqq quip paqsanbar Naang uumTzouno0
•iauuutu paqonrqsgoun uu uT Agradord
szq uo asrnoo raqum agq uTuqUTBW oq paaTnbar aq gszT2UE •iI,1 iugP `osTy •aaauT ug
ic:uno0 alp icq pamaTAar aq JT quqq puu irodar i2oToa2 paaTnbar alp uT papuammooa r
su 2uzpur2 IuTpamar op o:. uoTquoTTddu 2uzpur2 u r0J sTuz;alum paaTnbar TTu gTmgns
o: paaTnbar aq gsTT2ua •iN : q: uuig uumTTouno0 Aq papuooas `panom upAQ uumTTouno0
•STS Tuuu AauuTmTTard
u iTuo qnq gaodar A2oToa2 agaTduioo u 1ou sum grodar `6L61 `Z ragoqo0 s,poomNoor •aw
qugw pagou raq:rng TTouno0 •TTT3 paqrodmT qoU puu `pasn aq gaTp „agTs„ papuammooar
`6L61 `Z aagogo0 go grodar LruuTmTTard s,poomNoo7 •ij uana quip Tiouno0 Aq paqou sum qI
•panouia r
IITP ITTJ paqrodmz age anug off. Aauroqgv goTrgsTQ age gfzm paaoord oq uoTquaquz
raq sum qT `aszmragqo pzus TTouno0 aq: SsaTun qugq paquammoo ramoqg2zH 10g3a1TQ
•uo1uuo aq: oq poor ssaoou JO pUT) aiuos uT 2uTqqnd
rapzsuo0 A TD aqq :ugh puu uoJuuo alp uzggTm do paduros aq pTnoo qug1 TuTaalum aougans
ggTm .zo pagrodmz aq gaTp ggzm raggTa uT paTIT J aq sNau.zo TBlp :asanoo aaqum
alp 2uTuzuquTSm ro; aTgzsuodsar sum oqm oq su aura sTgq qu quamaqugs Auu ajuui qou
A1TD alp quip paisanbar aH 'Baru aPTTs aq: uT :.ou puu Agradord sTq JO apzs alp of
nano paoBTd kiiUarrno sum 1T quqq puu gaTp sTgq ggTm S)ouro uT ITHH oq uoTquaJuT
szq sum qT Iugq paqugs raggrnJ aH •apo0 s,Agz0 age JO UozluToTA uT sum gTmaad u
JnoggTm gaTp szgp uT 2uT2uTaq :Bgp OS pap aq amT1 alp Iu aroma sum au quip puu 11TP
ITTJ alp pagaodmT pug aq qugq pzus gsTT2ua •1J4 `AaTnbuz s,TTouno0 o: asuodsar uI
•aPTm :aaj 08 0.3 OZ aram maq: go autos aouzs igradord szq UO SNoura alp uT TTTJ aq
quip TuoT IT10 sum qT 1TaJ aH •arnqumard sum 2uTpu.12 TuTpamar op oq quauiaaTnbar
aqq :aTquuosuarun aram AgTD aqq Aq apuui sqsanbar age quqq TTouno0 alp pTo: all
'6L6T `Z ragog00 raggo PUB 996T `6Z garukl PaquP auo :qsT2oToa2 2uTJTnsuoo `poom)OOZ
aonrg uio1 J sgrodar omq ggTm TTouno0 aqq paquasard `IzuH dos Z ` TSTI Ug anug •1J4
•gsTT2u[ •1w UO SquauzatTnbar 1cuu 2uTsodmT oq mild sqrodar i2oToa2
uzuggo pTnogs A1T0 alp gg2nogq ag qugq pTBS `puog asrog2upoog 017 `STrro14 •'I 'M •rinl
•uo1uuo aq: go moqgoq aqq
qu asrnoo raqum aqq Jo a2BjooTq aqi puu gaTp go uoTqugaodmT TunUT1uoo S,gSTT�u�
•z11 `uaau alp Jo AST TgBI.s age 1.nogB uraouoo passardxa •puoH qIoO 5582
` pzuig0S iclBO *saki 3 •1J4 puu :puoH gTOO TT8Z `TTzurg urugrug :PBOg gTOO TZBZ
nosorL'qng •rk1 :auu7 ITB T doi 0T `TTagAuQ clog •1J4 :Baru alp go squapTsar 2uTmoT
-T03 aq: aram gSTT2ua •rw Aq TTH JO uoTquqrodmT puu 2uTpur2 alp qsuTu2u 2UT)uad5
•auu7 ITBH. dos qu aPTTsPuBT aq�
2uTpru2a1 puZ ragoqo0 go uinpuurouiatu (T08T)
ggu:s alp pamaTAar ramogg2TH roqoatTQ KQI1SQNV'I HSI'IONa GIAVU
Councilman Dyda moved, seconded by Councilman Buerk that the staff prepare a letter
for the Mayor's signature telling the Committee of Council's concurrence with their
memo, but indicating that P & R recommendations are subject to the approval of
the Traffic Committee. The motion carried unanimously.
GENERAL PLAN AMENDMENT NO. 5 Mayor Pro Tem Hein declared the public
(701) hearing open on this proposed amendment
to change the land use designation of
two former school sites from Institutional - Educational to Residential 2-4 dwelling
units per acre. The City Clerk reported that notice had been given, with evidence
on file, and that no written protests had been filed. Planning Director Hightower
reviewed the recommendations of the Planning Commission and staff for approval of
this amendment.
Representing the owners and developers of this property was Clark Leonard of
Lanco Engineering. He said that he concurred with the Planning Commission's
recommendation.
In response to Council's inquiry if other alternatives had been considered, Planning
Commissioner Harvey Brown said that the Commission felt that the 2-4 units per acre
was more compatible with the surrounding area than the 1-2 units per acre.
There being no response to the Mayor Pro Tem's call for additional testimony, she
then declared the hearing closed.
To make the Planning Commission's October 2nd memorandum consistent with their
recommendation, Councilman Dyda moved, seconded by Mayor Pro Tem Hein, that
recommendation "C" be corrected to read: "That an Urban Appearance Overlay Control
District be designated for the former Los Cerros School Site. " The motion carried
unanimously.
Resolution No. 79-78 of the City Council of the City of Rancho Palos Verdes, California
adopting General Plan Amendment No. 5 of the City of Rancho Palos Verdes was read
by title. Councilman Dyda moved, seconded by Councilman Ryan to ADOPT RESOLUTION NO.
79-78 with the amendment to Section 3. The motion carried on the following roll call
vote:
AYES: RYAN, DYDA & MAYOR PRO TEM HEIN
NOES: BUERK
ABSENT: MAYOR SHAW
COUNCIL RETREAT Mayor Pro Tem Hein suggested that the
(307) Council hold a retreat. It was the
consensus of Council that a straw
agenda be prepared and circulated among councilmembers, then they could determine
a mutually acceptable date.
CETA RESOLUTIONS Referring to Resolution No. 79-98 adopted
(601) by the City of Huntington Park, and
adopted by the League at their annual
meeting, Mayor Pro Tem Hein inquired of Council what their position was regarding
this matter.
Councilman Buerk moved, seconded by Mayor Pro Tem Hein that the City Council adopt
a policy to oppose the current CETA program. The motion carried on a three -
one vote with Councilman Ryan abstaining.
REPORT ON TESTIMONY BEFORE Commenting that she had distributed copies
SUPERVISOR BURKE of her speech to the members of Council,
(109 x 306) Mayor Pro Tem Hein said that the City
should be hearing from the County Depart-
ment of Beaches, and Supervisor Burke regarding questions raised in her testimony.
REPORT ON LEAGUE MEETING The Mayor Pro Tem distributed to Council
(310 x 1102) copies of a report on the actions taken
by the League at their meeting in San
Francisco.
City Council -5- October 2, 1979
LANDSLIDE SUBCOMMITTEE REPORT Councilman Dyda reported that the sub-
(306) committee had met with officers of the
non-profit corporation and reviewed a
proposal about activity that the corporation is about to undertake. The corporation
is now going to get a proposal for the performance of that work.
PORTUGUESE BEND SOCCER FIELD Reporting on some vandalism at the
(1206) Portuguese Bend soccer field and other
acts of minor vandalism at school sites,
Councilman Ryan requested that the City Manager talk with the Sheriff's Department to
see if they would consider including the school sites on the patrol rounds.
Councilman Dyda moved, seconded by Councilman Ryan to direct staff to request the
Sheriff's Department prepare a short report on their ability within their current
structure to provide patrols not only within the residential area but also within
the school sites.
The motion carried unanimously.
CLEARANCE OF BRUSH Councilman Ryan reported that there were
several lots on Dauntless that needed to
be cleared of brush.
TRACT NOS. 34834 & 32991 Director Hightower presented the staff
REQUEST TO GRADE memorandum of October 2, 1979, concerning
(1411) this request to allow grading on these
tracts prior to final approval and recordation.
Councilman Ryan moved, seconded by Councilman Dyda to approve staff recommendation.
The motion carried unanimously.
PUBLIC WORKS ORGANIZATION City Manager Wood presented the memorandum
(302) of September 27th and the September 24, 1979,
Proposal for Public Works Management Services prepared by Roy Jorgensen Associates, Inc.
Referring to the first paragraph under the title "Fee" on Page 9, Councilman Dyda
moved, seconded by Councilman Buerk, that the last sentence be changed to read:
". . .balance of the cost will be submitted upon acceptance of the final report."
The motion carried unanimously.
Mr. Maynard A. Crowther, Engineer-Manager for Roy Jorgensen Associated, told the Council
that he was looking forward to doing the research needed to make improvements in
the way Public Works operations are managed and performed.
Councilman Dyda moved, seconded by Councilman Ryan to accept the proposal from Roy
Jorgensen Associates and authorize the mayor to sign a contract in accordance with
the terms and conditions set forth in their proposal.
The motion carried on the following roll call vote:
AYES: RYAN, BUERK, DYDA & MAYOR PRO TEM HEIN
NOES: NONE
ABSENT: MAYOR SHAW
#
ITEM REMOVED FROM THE CONSENT CALENDAR:
LETTER FROM THE PARKS & Mayor Pro Tem Hein's motion to send a
RECREATION COMMITTEE RE letter to the Miraleste Parks and Recrea-
MIRALESTE P & R DISTRICT tion District failed on a 4 - 0 vote.
(1201)
Councilman Dyda moved, seconded by
Councilman Buerk to authroize the Mayor to meet with the Board of Directors of the
Miraleste Parks & Recreation District to diplomatically discuss the contents of
the Committee's letter. The motion carried unanimously
City Council -6- October 2, 1979
RECESS TO EXECUTIVE SESSION At 11:30 P.M. Councilman Dyda moved,
seconded by the Mayor Pro Tem to recess
to executive session for discussion of pending litigation.
RECONVENE & ADJOURNMENT The meeting reconvened with all members
present and was immediately adjourned at
12:00 A.M. on motion of Councilman Dyda, seconded by Mayor Pro Tem Hein and carried
unanimously. No action was taken by Council.
MAYOR
LEONARD G. WOOD, CITY CLERK &
EX OFFICIO CLERK OF THE COUNCIL
4106(6. Ag■ Ad!'
ir CI VLERK
City Council -7- October 2, 1979