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CC MINS 19780103 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JANUARY 3 , 1978 The meeting was called to order at 7 :45 P.M. by Mayor Robert E. Ryan 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 : PRESENT: SHAW, DYDA, BUERK & MAYOR RYAN LATE ARRIVAL: RUTH AT 7 : 55 P.M. Also present were City Attorney Patrick Coughlan, City Manager Leonard Wood, Director of Planning Sharon W. Hightower, Administrative Services Officer George Wunderlin and Deputy City Clerk Mary Jo Lofthus. APPROVAL OF AGENDA After addition of Rolling Hills Peninsula Center Master Plan (City Manager) the agenda was approved on motion of Council- woman Shaw, seconded by Councilman Dyda. There being no objection, MAYOR RYAN SO ORDERED. WAIVER OF FULL READING OF Councilman Dyda moved, seconded by ORDINANCES & RESOLUTIONS Councilwoman Shaw, 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 Councilmembers after reading of the title, unless specific request was made at that time for the reading of such ordinance or resolution. ORDINANCE NO. 93 ORDINANCE NO. 93- APPROVING ZONE CHANGE NO. 2 AN ORDINANCE OF THE CITY OF RANCHO PALOS (1802 x 1411) VERDES APPROVING ZONE CHANGE NO. 2 was presented for second reading and adoption by title. It was moved by Councilwoman Shaw, seconded by Councilman Dyda, and unanimously carried that further reading be waived. Councilwoman Shaw moved, seconded by Councilman Dyda to ADOPT ORDINANCE NO. 93 . The motion carried on the following roll call vote: AYES: SHAW, DYDA & MAYOR RYAN • NOES: BUERK ABSENT: RUTH ORDINANCE NO. 94 ORDINANCE NO. 94 - AN ORDINANCE OF THE ADOPTION OF LOS ANGELES CITY OF RANCHO PALOS VERDES ADOPTING BY COUNTY BUILDING, MECHANICAL REFERENCE THE LOS ANGELES COUNTY BUILDING & PLUMBING CODES CODE, 1977 EDITION, THE LOS ANGELES COUNTY (201 x 505) PLUMBING CODE, 1977 EDITION, AND THE LOS ANGELES COUNTY MECHANICAL CODE, 1977 EDITION, PUBLISHED BY THE BUILDING NEWS, INC. , MAKING AMENDMENTS TO SAID CODES, AMENDING THE ELECTRICAL CODE, AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. It was presented for second reading and adoption by title. Further reading being waived by unanimous motion of Councilwoman Shaw, seconded by Councilman Dyda, it was moved by Councilwoman Shaw, seconded by Councilman Buerk that ORDINANCE NO. 94 be adopted. Council requested that staff prepare the suggested amendments to these building codes which were discussed at the meeting of December 20, 1977, and present at the second Council meeting in February. 758 C.U.P. NO. 37 Director Hightower presented an oral HANNA-BARBERA MARINELAND report which responded to each of the (1804) concerns listed in the December 22, 1977 letter from Burke, Williams & Sorensen, attorneys representing the City of Rolling Hills Estates. She stated that Environmental Assessment No. 326 adequately dealt with the issues raised in that letter of December 21, 1977 to the Planning Commission. (At 7 : 55 P.M. Councilman Ruth arrived and was present for the remainder of the meeting. ) Councilman Dyda noted his disagreement with the statement in the second paragraph of the attorney' s letter, "I was further advised. . . to address the concerns of the City of Rolling Hills Estates was the Rancho Palos Verdes City Council. " He said he was present at the meet- ing, and the Planning Commission responded that since the negative declaration had been upheld by the City Council, it was no longer in its jurisdiction to discuss it, but that the commission at all times in considering projects, considers all environmental impacts. Council discussion then followed concerning whether or not there had been any great public controversy regarding these plans for Marineland; if adequate studies had been made to determine the impact of traffic; and, exactly what were the objections being made to the environmental assessment. In response to Council 's questions, Director Hightower responded that copies of the General Plan and the Coastal Plan had been sent to the City of Rolling Hills Estates and that an environmental impact report was an integral part of both these plans. City Attorney Pat Coughlan stated that he would review the Negative Declaration to double check the process. It was the consensus of Council that based upon the representations made by the Director of Planning that the Planning Commission should proceed with the process for certification of the conditional use permit. Councilman Buerk remarked that since the boundaries between the Cities of Rolling Hills Estates and Rancho Palos Verdes were so entwined, and since there were a number of common interests and concerns, a more co- ordinated effort was needed when it came to planning projects for both Cities. He further recommended that the two Cities be combined and moved to appoint a Council committee to review the feasibility of the merger. He also moved to recommend that the Mayor write a letter to the City of Rolling Hills Estates indicating that the Council had made this decision and suggest that they form a similar committee which would study the possibility and then get together with the Rancho Palos Verdes committee. The motion was seconded by Councilman Ruth and carried unan- imously. Council then discussed the process followed in arriving at the issuance of this Negative Declaration and it was the general agreement that the City of Rolling Hills Estates should be apprised of the fact that this decision was based upon the pooling of information from two full en- vironmental impact reports. Councilman Dyda suggested sending another copy of the Coastal Plan and General Plan to Rolling Hills Estates and direct a letter to each Councilmember making them aware of these reports. Planning Commission Chairman John McTaggart commented that the traffic generated by Marineland would not be as much as that created by further development of the Peninsula Center. Additionally, he said that there were no residents of Rolling Hills Estates present at the Planning Commission' s hearing on this matter. Matt Fouratt, Director of Planning for the City of Rolling Hills Estates, told the Council that he would not be offering any new information, but would like to make some general comments. He stated that it was the opinion of Rolling Hills Estates that Marineland did not provide adequate information on this project and requested a reevaluation of the Negative Declaration, based upon the comments outlined in their attorney' s letter. Council 759 January 3 , 1978 A discussion then followed between Mr. Fouratt and the Council which centered on the impact of traffic as a result of the two housing tracts currently under development by Rolling Hills Estates, and how that compared with the impact of Marineland traffic. Council was of the opinion that there would be a lesser impact created by the development of Hanna-Barbera Marineland. RECESS: At 9: 05 P.M. Mayor Ryan called a brief recess. At 9 : 28 P.M. the meeting re- convened with the same members present. PENINSULA LEAGUE OF Lynn Stevenson, representing the WOMEN VOTERS Peninsula League of Women Voters, read (305) a proclamation honoring Alice M. Paul and requested that the Council issue such a proclamation in honor of Dr. Alice M. Paul Day to be celebrated on January 11, 1978 . Councilman Buerk moved that this be referred to the Mayor, whose respon- sibility it was to sign such proclamations. The motion was seconded by Councilman Dyda and carried unanimously. HIGHRIDGE ROAD - The City Manager presented the staff SELECTION OF CONSULTANT report of December 29, 1978 which (112) listed the bids received for prep- aration of plans and specifications for Highridge Road. It was staff recommendation that based upon bid price and past favorable experience, that the proposal of Don Greek & Associates for a lump sum fee of $7, 600 be accepted. Councilman Dyda moved, seconded by Councilwoman Shaw to accept the proposal of Don Greek & Associates for $7, 600. The motion carried on the following roll call vote: AYES : SHAW, RUTH, DYDA, BUERK & MAYOR RYAN NOES : NONE Councilman Dyda then moved that on all future contracts, Section 2 of the Green Book be deleted. The motion was seconded by Mayor Ryan and carried unanimously. TRAFFIC SIGNAL MODIFICATIONS The City Manager presented the staff - HAWTHORNE BLVD. & DUPRE DR. report of December 27 , 1977 which (TRACT NO. 32673) explained that the Developer of Tract (1411) No. 32673 was required to modify the traffic signal at the intersection of Hawthorne Boulevard and Dupre Drive to accommodate the new park access and median modifications. Staff recommendation was that the Council Iapprove plans and specification and authorize the staff to advertise for bids. Councilwoman Shaw so moved and the motion was seconded by Council- man Dyda. There being no objection, MAYOR RYAN SO ORDERED. HEIGHT VARIATION NO. 72 The Director of Planning presented the APPELLANTS : MR. & MRS. staff report of January 3, 1978 which THOMAS THORSEN outlined the background on this height (1804) variation appeal. It was staff ' s rec- ommendation that the Council uphold the Planning Commission's decision of denial based on: (1) the proposed structure not being compatible with existing structures in the neigh- borhood; (2) the second story was not situated so as to minimize view obstruction; and (3) the cumulative effect of the proposed structure and existing structures, or future structures of a similar character which could be constructed in the neighborhood, would adversely impact the neighborhood view. Council 760 January 3, 1978 Mr. Michael E. Deitch, attorney representing the appellants, cited his objection to this denial based on the fact that the view obstruction to the properties of the complaining parties was minimal compared to the panoramic view they enjoyed. He stated that there had been confusion on this appeal as to the reasons for its denial by the Planning Commission, and in view of that confusion, he requested the appeal fee be waived. Mr. Deitch referred to that section of his letter which noted the exis- tence of several other second story additions which existed in the immediate area. The City Attorney noted that height variation applications are considered on a case by case basis and that the existence of other additions had no bearing on this case. Additionally, it was his opinion that he saw no application of vested rights as indicated in Paragraph 1. (a) of Mr. Deitch' s letter of November 23, 1977. Mr. Gerald V. Howard, 5867 Finecrest Dr. , voiced his opposition to the addition based on the resultant view obstruction. Mr. Lucian Rochte, 5925 Finecrest Dr. ,told the Council that he moved into the area in 1963 and that the view from his home was becoming less and less, and that this addition would have a serious impact on his remaining view. Mr. Alfred W. Smith, 5903 Finecrest Dr. , also based his objection to the addition on view obstruction. Council noted the receipt of a letter from Mr. Russell Harrison, 5915 Finecrest Dr. , who also objected to this addition. Councilwoman Shaw said that she had visited this site and noted that the homes on Finecrest Dr. had been situated on the lots so as to take advantage of the view; that they overlooked the homes on Waukesha Place and still maintained their view. It was her opinion that this ordinance was designed to protect views. Referring to Section 9113, Subsections (c) and (d) , Councilwoman Shaw moved to deny the appeal and uphold the position of the Planning Commission because if this house was allowed to go beyond the 16 ft. height, it would begin a cumulative effect and subsequent homes would then block out the view of many similarly situated homes in the area; that the addition was not situated in such a manner as to minimize view obstruction, and that the proposed structure would not be compatible with existing structures in the neighborhood since it had been designed with views in mind. The motion was seconded by Councilman Dyda and carried unanimously. ALTAMIRA CANYON - The City Manager presented the staff UPDATE REPORT memo of December 28 , 1977 which reported (604) the results of a December 13th meet- ing regarding the progress on Altamira Canyon; the cost of the proposed improvements for this project; and, outlined the Flood Control District' s proposal for the City and or homeowners to construct the needed culvert under Narcissa Drive on the west fork of Altamira Canyon. The Flood Control District, through their own forces, would construct channel stabilization devices, both upstream and downstream of this culver The estimated cost for this culvert is $40,000 and the cost of their work would be between ten to twenty thousand dollars. The report noted that there would be a meeting with the District on January 11th and at that time the City should present their decision on this project. Councilman Buerk noted that this had been a problem since before the City was incorporated and he would like to see it given higher priority by the Flood Control District. Council 761 January 3 , 1978 Councilman Dyda moved to accept the staff report. The motion was seconded by Councilwoman Shaw and carried unanimously. PENINSULA CENTER MASTER City Manager Wood noted receipt of a PLAN STUDY letter from the City of Rolling Hills (1203) Estates dated December 29, 1977 re- garding the completion of a master plan study for the Peninsula Center. This letter invited the City to send a representative to participate in the discussion and preparation of the Draft E. I.R. for the Center. It was the consensus of Council that because of the impact of the Peninsula Center, a representative of the City should participate in this study. COUNCIL AND Council agreed to have a joint work PARKS & RECREATION session with the Parks and Recreation COMMITTEE JOINT Committee on Tuesday, January 10, 1978 WORK SESSION at 7 : 30 F.M. (1201) CONSENT CALENDAR After removal of Item No. 10 (Parcel Map No. 3975) the Consent Calendar was approved as follows on the motion of Councilman Dyda, seconded by Councilwoman Shaw: MINUTES Approved as presented the minutes of the Adjourned Regular Meeting of December 13 , 1977 and the Regular Meeting of December 20, 1977 . APPOINTMENT OF HEARING PANEL Approved the staff recommendation - SOLID WASTE MANAGEMENT that the City Council appoint itself STANDARDS as the hearing panel and instructed (1402) the City Clerk to notify the State Solid Waste Management Board. AMENDMENT TO CITY'S PUBLIC Approved the amendment to the City' s EMPLOYEES' RETIREMENT SYSTEM Public Employees ' Retirement System CONTRACT Contract to include the 1959 Survivor' s RESOL. NO. 78-1 Benefit and ADOPTED RESOL. NO. 78-1 (1202) OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES STATING ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES ' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES. REGISTER OF DEMANDS ADOPTED RESOLUTION NO. 78-2 OF THE RESOL. NO. 78-2 CITY COUNCIL OF THE CITY OF RANCHO (1504) PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $271, 182. 05, DEMAND NUMBERS 4316 THRU 4346. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: SHAW, RUTH, DYDA, BUERK AND MAYOR RYAN NOES: NONE # # # # # # # # # Council 762 January 3 , 1978 ITEM REMOVED FROM THE CONSENT CALENDAR: PARCEL MAP NO. 3795 After clarification of the City' s (1410) rights with regard to a certain easement affecting this parcel, Councilman Buerk moved to adopt the staff recommendation that Parcel Map No. 3795 be approved. The motion was seconded by Councilman Dyda and carried unanimously. # # # # # # # # # ADJOURNMENT At 10: 30 P.M. on motion of Council- woman Shaw, seconded by Councilman Dyda, the meeting adjourned to Tuesday, January 10, 1978 at 7 : 30 P.M. for a Joint Work Session with the Parks and Recreation Committee. //d4A/ iY_ ATTEST: LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL II Air ./JA_, i A -A-,4 / IE/ T C, CLERK I Council 763 January 3 , 1978