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CC MINS 19791106 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 6, 1979 The meeting was called to order at 7:35 P.M. by Mayor Ann Shaw at the Palos Verdes Unified School District Building, 20942 Hawthorne Boulevard. After the Pledge of Allegiance to the flag, which was led by David Dunn, Leader of Webelo Den No. 1, Pack 955C. Roll call vote was answered as follows: AYES: RYAN, HEIN & MAYOR SHAW LATE ARRIVAL: BUERK @ 7:36 P.M. ABSENT: DYDA Also present were City Attorney Pat Coughlan, City Manager Leonard G. Wood, Director of Planning Sharon Hightower, Acting Director of Public Works Maynard Crowther, Administrative Services Officer George Wunderlin and Deputy City Clerk Mary Jo Lof thus. APPROVAL OF AGENDA The following items were added to the agenda: Resolution regarding time and place for City Council Meetings (Ryan) ; Franchise Committee (Hein) ; Coastal Commission (Shaw) . The amended agenda was approved on motion of Councilwoman Hein, seconded by Councilman Buerk and unanimously carried. WAIVER OF FULL READING OF Councilwoman Hein moved, seconded by Council- RESOLUTIONS & ORDINANCES man Ryan, and unanimously carried to waive reading in full of all ordinances and resolu- tions 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 reading of such ordinance or resolution. 11 Ii II 1/ CONSENT CALENDAR After removal of item numbers 12 and 13 the amended Consent Calendar was approved as follows on motion of Councilwoman Hein, seconded by Councilman Buerk: MINUTES Approved as presented the minutes of October 24, October 16, October 2 and September 11. RESOL. NO. 79-83 ADOPTED RESOLUTION NO. 79-83 OF THE CITY REGISTER OF DEMANDS COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $574,350.81, DEMAND NUMBERS 6958 THROUGH 7037. CLAIM OF JANET FIRTH Rejected claim as provided in Government Code, AGAINST THE CITY Section 912.6. (303) CLAIM OF NANCY WATSON Rejected claim as provided in Government Code AGAINST THE CITY Section 912.6. (303) CLAIM OF DEBORAH ANN SILVA Rejected claim as provided in Government Code, AGAINST THE CITY Section 912.6. (303) HIGHRIDGE ROAD - Approved work and authorized payment to APPROVAL OF WORK Sully-Miller Contracting Company, (1404) TRACT NO. 32110 Approved a six-month extension to May 16, 1980. EXTENSION OF TIME LIMIT (1411) TRACT NO. 32677 - Approved work and released agreement. APPROVAL OF WORK & RELEASE OF AGREEMENT (1411) RESOL. NO. 79-84 - GRANTING ADOPTED RESOLUTION NO. 79-84 OF THE CITY EASEMENT ON CITY OWNER COUNCIL OF THE CITY OF RANCHO PALOS VERDES PROPERTY (PT. VICENTE PARK) GRANTING AN EASEMENT ON CERTAIN CITY OWNED (1109 x 450 x 1601) PROPERTY. RESOL. NO. 79-85 - ADOPTED RESOLUTION NO. 79-84 OF THE CITY COUNCIL TEMPORARY CLOSURE OF PALOS OF THE CITY OF RANCHO PALOS VERDES FOR VERDES DRIVE SOUTH TEMPORARY CLOSURE OF A PORTION OF PALOS (TRACT NO. 32574) VERDES DRIVE SOUTH and authorized mayor to (1411) sign agreement with Western American Development Corporation. REQUEST FOR EXEMPTION FROM Directed staff to prepare an amendment to the MORATORIUM (FILIORUM CORP.) Moratorium ordinance as outlined in memorandum (1801) of November 6, 1979. PALOS VERDES DRIVE WEST Approved work and authorized final payment to - FAU PROJECT NO. 76-12 Clark Contracting Company. (601 x 1404) The motion to approve the Consent Calendar carried on the following roll call vote: AYES: RYAN, BUERK, HEIN & MAYOR SHAW NOES: NONE ABSENT: DYDA SITE PLAN REVIEW NO. 98 - Director Hightower reviewed the previous APPLICANT: DR. JACK WALL Council action on this matter and the staff (1801) memorandum of November 6, 1979, which con- tained the recommendation to deny the structure and require that it be removed within sixty days. The applicant, Dr. Jack Wall, 16 Sea Cove, told the Council that this structure was planned prior to the incorporation of the city; before building it he contacted the County and other agencies and was told that because of its size, a permit would not be required. Because of the fence surrounding the property, he felt that it was not accessible to the public; the only people who used the structure was his son and some of his friends. Mr. Robert Haase, 20 Sea Cove, stated that the structure was built about three years ago; was directly below his home and is used by people coming up from the beach. He felt it was a bad precedent to permit this structure. Mr. Robert Pelton, 2 Packet Road, said that the building was started within the past three or four years. In response to Council's inquiry, he stated he did not know that this structure had caused any problems in the neighborhood. In response to Council's inquiry, Director Hightower stated that in addition to this area being zoned Open Space Hazard because of its steepness, the Coastal Plan prohibits such a structure because the area is considered unsuitable for permanent buildings due to geologic instability. CITY COUNCIL -2- November 6, 1979 Richard Vawter, 25 Sea Cove, said that he helped build the structure and was told that because of its size, a permit would not be necessary. Because the area is enclosed he felt it did not have unlimited access from the beach. Director Hightower stated that the City has an application for this site plan review, however it must be approved by Council; it will be necessary to make the finding as outlined in the July 11, 1977 memo contained in the agenda. Councilman Buerk moved, seconded by Councilwoman Hein to adopt the staff recommendation to deny this structure as outlined in the November 6, 1979 memo. Council then discussed if this structure could be seen from Mr. Haase's house; if it was clearly an accessory and subordinate to those facilities necessary for utiliza- tion of the open space land, and if it could be allowed since it was smaller than that which required a permit. Additionally, Council discussed if the City had an established criteria dealing with recreational buildings. With the consent of the second, Councilman Buerk withdrew his motion and moved, seconded by Councilman Ryan to send this matter to the Landslide Subcommittee to review and determine if allowing this structure was consistent with the City's policy on allowing structures in Open Space Hazard areas. The motion carried unanimously. MONTEMALAGA TRAFFIC STUDY - Director Crowther summarized the staff (1502) memorandum of October 30, 1979, which contained the Traffic Committee's recom- mendation. Ray Mathys, Chairman of the Traffic Committee, told the Council that the Committee had been working on this matter for a long time. He suggested that the City inquire if there were any State or Federal funds available for such a project. To help reduce the cost, he suggested a median such as that along Palos Verdes Drive North near the reservoir. Council then heard testimony from a number of residents of the area: Chris Weiler, 5503 Shoreview, expressed concern for the safety of children crossing the inter- section of Montemalaga and Basswood. She presented Council with a petition signed by 455 residents of the area requesting that the speed be reduced to 25 MPH and a sign to be posted to warn motorists of a school crossing. Lynn Conant, 26551 Basswood, detailed some safety problems she has encountered at the intersection. She requested a school sign be installed. Jack Koger, 5703 Ironwood Street, requested that the speed be reduced from 40 to 25 MPH; he presented Council with a petition containing 64 signatures. Randy Beardslee, 6030 Montemalaga Drive, requested that the City install a full length median, with a painted bike lane for use by the children going to school in the area. He questioned the figures presented by staff and presented Council with his estimate of costs. Jennie Newbold, 5400 Montemalaga was concerned about the noise and requested that the City seek the aid of the Highway Patrol in monitoring it along Montemalaga. Del Horton, 5434 Montemalaga, was also concerned about the noise. Walt Bautenbach, 5442 Montemalaga Drive, complained about the heavy traffic in the area. Council then discussed if the standards used by the Road Standard Committee were excessive in light of the cost of this proposed median and whether less costly median designs could be considered. To help reduce the noise problem, it was suggested that the Sheriff's Department conduct noise measurement monitoring along Montemalaga. Councilwoman Hein moved, seconded by Councilman Ryan to adopt the recommendations 1 and 2 of the Traffic Committee as outlined in the staff memorandum of October 30 with the addition that appropriate school signs be installed. The motion carried unanimously. Council then discussed some temporary solutions such as the installation of parking bumpers down the center of the street. CITY COUNCIL -3- November 6, 1979 Councilwoman Hein moved, seconded by Councilman Ryan to send this matter to staff and have them examine alternatives for a short term solution; have the Council subcommittee prioritize medians and budget those priorities. Also, have staff examine the time frame for budgeting these items and financial alternatives for long term solutions. The motion carried unanimously. The suggestion was made that these temporary measures be incorporated in the final solution. Councilman Ryan moved, seconded by Councilman Buerk, to instruct the City Manager to tell the Sheriff's Department to begin monitoring noise in the area and issuing tickets for violations. The motion carried unanimously. RECESS: At 9:50 P.M. the Mayor declared a brief recess. The meeting reconvened at 10:00 P.M. POLICY ON TRAILS & THE Council discussed the City's policy on assum- POINT VICENTE WALKWAY ing the maintenance costs for this walkway (1201 x 1404) and the practicality of forming an assessment district. The suggestion was made that the City's policy regarding maintenance responsibility for trails and pathways be extended to include walkways for schools. Councilwoman Hein moved, seconded by Councilman Ryan to continue this item to the next agenda. The motion carried unanimously. FENCE HEIGHT AMENDMENT After a brief discussion of the subcommittee's (1801) recommendations as outlined in the November 6, 1979 memorandum, Councilman Ryan moved, seconded by Mayor Shaw to adopt Alternative No. 1 to expand the Minor Exception Permit procedure for fence heights to allow decorative fences (not chain link) to 5 feet of the front property line if there is a sidewalk and to the front property line if there is no sidewalk. The motion carried on a three - one vote with Councilwoman Hein voting in opposition. Councilman Ryan moved, seconded by Councilwoman Hein to direct . staff to initiate a code amendment. The motion carried unanimously. TORT LIABILITY SB-463 Councilwoman Hein reported on SB463 which (306) would reduce the liability of cities in accident cases. She requested that Council actively support this bill and so moved. The motion was seconded by Councilman Ryan and carried unanimously. RETREAT After discussion of available dates to hold (307) a Council retreat it was moved by Councilwoman Hein, seconded by Councilman Ryan and unanimously carried to hold such a retreat on Thursday, January 3, 1980. Councilwoman Hein suggested a moderator and said that she would report back to Council on the cost. SCAG Councilwoman Hein reported that Gil Smith of SCAG would like to talk with the Council and explain the function of SCAG with the aim of improving communications with the Council. After discussion, it was the consensus that Councilwoman Hein should find out if Mr. Smith has something new to report to Council. SCAG Questionnaire - Councilwoman Hein reported on a SCAG Alternative Questionnaire distributed by Councilman Jim Richman from the City of Burbank. Councilman Ryan moved, seconded by Councilman Buerk that Councilwoman Hein pursue the suggestions of the questionnaire. The motion carried unanimously. Approval of Ranking Criteria for Bonus Section 8 Projects: Councilwoman Hein moved, seconded by Councilman Ryan, that the Council support her in pursuing clarification of the language in Priority Criteria, Item G, before the Executive Board, C&D Committee. The motion carried unanimously CITY COUNCIL -4- November 6, 1979 ABALONE COVE SLIDE AREA Councilwoman Hein reported on the necessity (1801) to have a geologic survey of the Moratorium area. She then moved, seconded by Councilman Ryan to authorize a contract with Dr. Ehlig not to exceed $3,000 for a geologic survey; that the subcommittee and the City Manager work out the ratio of payment for this survey between the homeowners association and the City. The motion carried on the following roll call vote: AYES: RYAN, BUERK,. HEIN & MAYOR SHAW NOES: NONE ABSENT: DYDA AD HOC TRANSPORTATION COMMITTEE Since the Committee was still working on its (306 x 1505) charter, Councilman Buerk moved, seconded by Councilman Ryan to consider this matter at the next Council Meeting. Council discussion then followed regarding Councilman Buerk's appointment to this committee. Councilwoman Hein moved, seconded by Councilman Ryan to call for the question. The motion carried on a three - one vote, with Mayor Shaw voting in opposition. The motion to continue this matter to the next meeting carried unanimously. CITY COUNCIL MEETINGS Since Council meetings and elections fall on (307) the same day, Councilman Ryan moved that staff prepare a resolution calling for Regular Council Meetings to be held the day after elections. The motion carried unanimously. FRANCHISE SUBCOMMITTEE Councilwoman Hein moved, seconded by Councilman (306) Ryan to consider this matter at the next Council meeting. COASTAL COMMISSION Council briefly discussed whether they contact the coastal commission members prior to the next hearing on the Coastal Plan. COASTAL SPECIFIC PLAN After hearing a summarization of the staff TRAFFIC REVIEW memorandum of November 6, by Director (701) Hightower, Councilman Ryan moved, seconded by Councilwoman Hein to adopt staff recommenda- tion that the Council accept the traffic study prepared by the Consultant and authorize payment. The motion carried unanimously. SUBREGION PLANNING STUDY Director Hightower summarized the staff report (701) of November 6, 1979, which outlined the scope of work to be done by the consulting firm of Sedway/Cooke in analyzing further development potential in subregions 1 and 7 of the coastal region and providing guidelines and design criteria for future development. After clarification of the scope of this study, Councilman Ryan moved, seconded by Councilwoman Hein to adopt staff recommendation. The motion carried on the following roll call vote: AYES: RYAN, HEIN, & MAYOR SHAW NOES: BUERK ABSENT: DYDA ORDINANCE NO. 121 ADOPTING LOS ANGELES COUNTY ORDINANCE NO. 121 OF THE CITY OF RANCHO PALOS ELECTRICAL CODES AND THE LOS VERDES ADOPTING BY REFERENCE THE LOS ANGELES ANGELES COUNTY BUILDING CODE COUNTY ELECTRICAL CODES AND THE LOS ANGELES (201) COUNTY BUILDING CODE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was introduced for first reading. Councilman Ryan moved, seconded by Councilwoman Hein to waive further reading and INTRODUCE ORDINANCE NO. 121. The motion carried unanimously. CITY COUNCIL -5- November 6, 1979 WAIVER OF TIME - COASTAL PLAN After a brief discussion of this waiver by Council, it was moved by Councilman Ryan, seconded by Councilwoman Hein and unanimously carried to waive the 60 day time limit of the Coastal Commission. ENVIRONMENTAL SERVICES DEPARTMENT After discussion of the priorities outlined (1203) in the October 24 memo from the Director of Planning, Councilman Buerk moved, seconded by Councilman Ryan to receive and file this memo. The motion carried unanimously. # If If # ITEMS REMOVED FROM THE CONSENT CALENDAR APPROVAL OF AMENDMENT NO. 2 TO THE L.A. COUNTY Councilwoman Hein moved, seconded by SOLID WASTE MANAGEMENT PLAN Councilman Ryan, that Council disapprove (1402) Section 1 of Attachment 1 dealing with Alternate Members and request a change in this policy to require that alternate members be elected officials. The motion carried unanimously. APPEALS REFUND POLICY Jack Jacobs presented Council with a proposed (1203) resolution dealing with an appeals refund policy. Councilman Buerk moved, seconded by Councilman Ryan to grant the ultimately successful appellant refund of all appeal fees paid. The motion died on a two - two vote, with Councilmembers Hein and Shaw voting in opposition. Councilman Buerk moved, seconded by Councilman Ryan to consider this item at the December 4th meeting with some kind of an evaluation of the financial impact, plus any other secondary implications that the staff may recognize. The motion carried unanimously. RECESS TO EXECUTIVE SESSION At 12:15 A.M. on motion of Councilman Buerk, seconded by Councilwoman Hein, council recessed to Executive Session for discussion of pending litigation. The motion carried unanimously. RECONVENE & ADJOURNMENT The meeting reconvened and was immediately adjourned at 1:35 N.M. to November 14, at 7:30 P.M. in City Hall on motion of Councilman Ryan, seconded by Councilwoman Hein and unanimously carried. MAYOR LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL A%1ti._.r Alf-1 c � C' CITY COUNCIL -6- November 6, 1979