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CC MINS 19780207 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FEBRUARY 7, 1978 The meeting was called to order at 7:35 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, RUTH, DYDA MAYOR RYAN LATE ARRIVAL: BUERK (AT 7:45 P.M.) PRESENTATION OF PROCLAMATION Mayor Ryan presented a proclamation to Dr. Anna TO DR. ANNA FISHER Fisher in honor of her being chosen as an astro- naut for the space shuttle program. In response to audience questions, Dr. Fisher talked about her background and future training in preparation for this career. RECESS: At 7:48 P.M. Mayor Ryan declared a brief recess. At 7:50 P.M. the meeting reconvened with the same members present. APPROVAL OF AGENDA After deletion of items No. 1 (Transfer of jurisdiction for installation of left turn phasing at Hawthorne Blvd. and Silver Spur) , and No. 2 (Martingale Horse Trail) , the Council made the following additions : Legislation (Shaw) ; Discussion of Height Ordinance (Shaw) : and, Damage Caused by Recent Rain (Buerk) , the agenda was approved on motion of Councilwoman Shaw, seconded by Councilman Ruth. There being no objection, MAYOR RYAN SO ORDERED. WAIVER OF FULL READING OF Councilwoman Shaw moved, seconded by Councilman ORDINANCES & RESOLUTIONS Dyda, to waive reading in full of all ordinances and resolutions adopted at this meeting with consent to the waiver of the reading to be deemed to be given by all councilmembers after the reading of the title, unless specific request was made at that time for the reading of such ordinance or resolution. There being no objection, MAYOR RYAN SO ORDERED. REQUEST TO CONDUCT THE PALOS Community Services Officer Bandy presented VERDES MARATHON the staff memorandum of February 1, 1978 which (305) outlined the request of the Kiwanis Club to conduct the 1978 Marathon in the City. Ad- ditionally, they were requesting the City absorb the $508.55 in remaining charges as a result of the 1977 Marathon, and that the City adopt a policy whereby the cost of traffic control and related services for all future marathons be provided to them at no cost. Mr. Charles Downing, president of the Kiwanis Club of Palos Verdes, requested approval for the 1978 Marathon and for the marathon scheduled for June 16, 1979. He cited the number of participants in this event, noting that a good many residents of the Peninsula participated. Councilman Buerk moved, seconded by Councilman Dyda to approve holding the marathon on June 17, 1978 and June 16, 1979. 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JO quaUraouTd alp uT paATOnuT s1s0O alp JO TTu gaosqu puu AoTTod u Ljons usTTquqsa pTnogs A TO alp qou ao aaglagm Uo pamoTTo3 uauq uoTssnosTp TTounoD LEGISLATION Councilwoman Shaw reported on AB2224 which, (306) among other things , would provide for all municipal elections to be held in April of even numbered years. She requested Council support for this Bill. Councilman Dyda suggested sending a letter. Councilwoman Shaw also reported on AB1455 which would provide for the election of City Councilmembers by district. It was the consensus of Council that the City should send a letter in opposition to this Bill. Council then briefly discussed SB-1 and it was the consensus that all members should keep track of the various amendments being made to this Bill. DAMAGE CAUSED BY RECENT RAINS Councilman Buerk reported that there was (1405) slippage to the shoulder of the road at Palos Verdes Drive South and also at the Eastfield Gate area. Concern was expressed that there may be similar conditions existing in other areas throughout the City. Councilman Buerk moved that the staff report on this item at the next Council meeting. There being no objection, MAYOR RYAN SO ORDERED. ORDINANCE NO. 95 - AUTHORIZING Administrative Services Officer George AMENDMENT TO THE CONTRACT BETWEEN Wunderlin presented the staff report of THE CITY COUNCIL AND THE BOARD OF January 26, 1978 which outlined the ADMINISTRATION OF THE CALIFORNIA necessary procedure for the amendment PUBLIC EMPLOYEES RETIREMENT SYSTEM of the City's agreement with the Board of (1103 x 1202) Administration of the Public Employees Retirement System. ORDINANCE NO. 95 - AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM was introduced by title for first reading. Councilman Dyda moved, seconded by Councilman Ruth, to waive further reading and pass to a second reading. There being no objection, MAYOR RYAN SO ORDERED. RECESS At 9:00 P.M. Mayor Ryan declared a brief recess. At 9:14 P.M. the meeting reconvened with the same members present. REQUEST TO INITIATE GENERAL PLAN The Director of Planning presented the staff AMENDMENTS report of February 7, 1978 which described (7 01) the two sites involved in these requests for General Plan amendments. One site was a 57 acre parcel south of the intersection of Crest Road and Crenshaw Boulevard. This request would allow for the current primary land use designation of 1-2 dwelling units per acre to be changed to 2-3 units per acre. The second area involved was a 5 acre site on Crestridge Road. This request would allow for the current primary land use designation of Institutional to be changed to an Office Commercial Use. It was staff recommendation that the Council deny both of these requests. Mr. Glenn E. Shaffer, Jr. , representing Cayman Development Company, the applicant in this matter, stated he was in disagreement with the staff recommendation. With regard to the 5. acre site, he felt that their proposal was not in conflict with the current zoning in that area. Harvey Brown, representing the Mesa Palos Verdes Homeowners Association, stated he was opposed to changing the zoning on Crest Road at this time. The City Attorney advised the Council that these changes would probably require an amendment to the General Plan, but said he would have to check and determine the proper procedure to be followed. 781 Council February 7, 1978 Councilman Buerk then moved to continue consideration of this matter to the next Council meeting in order that the proper procedure may be determined. The motion was seconded by Mayor Ryan. There being no objection, MAYOR RYAN SO ORDERED. With regard to the 57 Acre site, Mr. Shaffer said that the net result of the proposed settlement would be two units per acre which was the same density as that in the Del Cerro area. He cited the fact that tennis courts and a park area were planned for this development. It was the consensus of Council that Cayman Development Company should call a meet- ing with the Del Cerro and Mesa Palos Verdes Homeowners Association and present this proposal to the members. Councilman Ruth moved, seconded by Councilman Dyda to postpone consideration of this matter for 30 days. There being no objection, MAYOR RYAN SO ORDERED. REAL ESTATE SIGNS The Director of Planning presented the staff (1801) report of February 2, 1978 which listed the events relevant to the enforcement of advertis- ing structure violations by realtors and residents in the City. Included in the agenda package was a letter from the Rolling Hills Estates Board of Realtors , Inc. which requested that the City ask the District Attorney to dismiss the cases pending against twelve firms who were in violation of this ordinance. The realtors felt that they could police their own members and gain their cooperation in observing this ordinance. Mr. Karl Rauch, President of the Rolling Hills Board of Realtors, told the Council that the Board was concerned about these violations but felt that the recent publicity they had given these violations would serve as a warning to realtors. In response to Council's questions, Mr. Tom Johnson, President of the Palos Verdes Estates Board of Realtors, told the Council that he expected to have full compliance with the City's ordinance within 90 days. He referred to the Memorandum 1978 from his organization which lists suspension of license if a member violates this ordinance. Councilman Buerk moved, seconded by Mayor Ryan to follow the staff recommendation and ask the District Attorney to drop the charges on these 11 cases, provided that the Rolling Hills Board of Realtors incorporate a similar procedure as that followed by the Palos Verdes Estates Board, which would lead to suspension of license of repeated violators. There being no objection, MAYOR RYAN SO ORDERED. It # II 11 11 CONSENT CALENDAR: On motion of Councilman Dyda, seconded by Councilman Buerk, the Consent Calendar was approved as follows: REGISTER OF DEMANDS ADOPTED RESOLUTION NO. 78-7 - A RESOLUTION RESOL. NO. 78-7 OF THE CITY COUNCIL OF THE CITY OF RANCHO (1504) PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $177,153.70, DEMAND NUMBERS 4403 THROUGH 4465. RESOL. NO. 78-8 ADOPTED RESOLUTION NO. 78-8 - A RESOLUTION CLOSURE OF INDIAN PEAK ROAD OF THE CITY COUNCIL OF THE CITY OF RANCHO (305) PALOS VERDES CLOSING A PORTION OF INDIAN PEAK ROAD ON MARCH 12, 1978. REQUEST FOR EXTENSION OF BONDS Approved the request for extension of -- PASEO DEL MAR bonds for Paseo Del Mar, Palos Verdes (902) Properties. 782 Council February 7, 1978 TENTATIVE TRACT NO. 29795 Approved the requested changes between the IMPROVEMENT AGREEMENT City of Rancho Palos Verdes and Palos Verdes (1411) Estates to provide for sewer service to Tract No. 29795 located on Via Campesina. CONSULTING SERVICES Approved agreement with Mr. Tom Hollingsworth FOR CITY LOGO and authorized Mayor Ryan to sign same. (306) The motion to approve the Consent Calendar carried on the following roll call vote: AYES: SHAW, RUTH, DYDA, BUERK & MAYOR RYAN NOES: NONE # # # # # ITEMS REMOVED FROM THE CONSENT CALENDAR: MINUTES The minutes of January 10, 1978 were amended to read: "Councilwoman Shaw moved to adopt policy statements one through 10. . . ." On motion of Councilman Dyda, seconded by Councilman Ruth, the minutes were approved as amended. The motion carried unanimously. The eighth paragraph of Page 3 of' the minutes of January 17, 1978 were corrected to read: "It was her opinion . courts until 8:00 P.M. and was in favor. . . ." Councilman Dyda moved, seconded by Councilwoman Shaw to approve the minutes of January 17, 1978 as amended. The motion carried unanimously. TRACT NO. 29300 - MONUMENTATION Councilman Dyda moved, seconded by Councilwoman BONDS Shaw to approve the monumentation for Tract (1411) No. 29300 and exonerate Oceancrest Associates and General Insurance Company of America for Bond No. 948066. The motion carried unanimously. if # # It 11 EXECUTIVE SESSION At 10:20 P.M. on motion of Councilman Dyda, seconded by Councilwoman Shaw, Council recessed to Executive Session for discussion of legal matters. At 11:19 P.M. on motion of Councilman Buerk, seconded by Councilman Dyda, Council reconvened with the same members present. APPEAL OF C.U.P. #37 The Director of Planning presented the staff HANNA/BARBERA MARINELAND memorandum of February 7, 1978 which noted the APPELLANT: CITY OF ROLLING HILLS appeal of C.U.P. #37 by the City of Rolling ESTATES Hills Estates. This appeal was based on alleged (1804) inadequacy of the Environmental Assessment/ Negative Declaration procedure. The staff memorandum stated that during the City's review of this project, many questions were raised as to the environmental assessment procedures and the adequacy of the initial study. Based upon comments made, the Planning Staff re-evaluated the initial study and determined that state guidelines (CEQA) had been thoroughly followed. Additionally, the staff report outlined the procedural aspects of the City's environmental review process. Director Hightower noted that the Council had three options on the handling of this appeal: 1) If the findings of the Commission did not, in the opinion of the Council, warrant further hearing, the Council could affirm the decision of the Com- mission and dismiss the appeal: 2) If, in the opinion of the Council, said findings warranted further hearing, the Council could consider the appeal and reverse, affirm or modify any decision. If the Council so desired, it could conduct a public hearing subject to the same procedures and notifications required for Commission hearings: 3) If significant new evidence, which could include substantial changes to the original proposal, was presented in conjunction with the appeal, the Council could refer the matter back to the Commission for further consideration and decision. The recommendation was that the Council affirm the decision of the Planning Commission and dismiss the appeal. 783 Council February 7, 1978 Councilman Buerk noted the fact that the Planning Director from the City of Rolling Hills Estates was asked to present specific issues and that the letter of appeal still did not indicate anything specific. Councilman Buerk moved to affirm the findings of the Planning Commission and dismiss the appeal. The motion was seconded by Councilman Dyda. There being no objection, MAYOR RYAN SO ORDERED. Mayor Ryan asked if there was a representative of the City of Rolling Hills Estates in the audience. There was no response, nor did any member of the public indicate a desire to speak on this matter. Councilman Dyda made reference to the back-up information in the agenda package and stated that after review of the record, it appeared that the City had complied with the CEQA and City guidelines in conducting this project and didn't see any- thing that indicated any errors or omissions. Mayor Ryan inquired of the staff if the City had ever been advised of any specific concern from the City of Rolling Hills Estates. Director Hightower responded in the negative. Mayor Ryan moved to deny the request for the waiver of the appeal fee. The motion failed for lack of a second. Councilman Buerk moved to waive the appeal fee. The motion was seconded by Councilman Dyda and carried on the following roll call vote: AYES: RUTH, DYDA & BUERK NOES: SHAW & MAYOR RYAN ACQUISITION OF LOT & Councilman Dyda moved, seconded by Councilwoman EASEMENT - FISCHER & Shaw to authorize the Mayor and City Clerk to ARMBRUSTER ESCROW sign the amended escrow instructions and acceptance (701) of deeds for this lot and easement. There being no objection, MAYOR RYAN SO ORDERED. HEIGHT ORDINANCE Referring to staff's interpretation of the (1801) height ordinance, Councilwoman Shaw requested that she and Councilman Dyda meet with staff to clarify the intent of this ordinance. ADJOURNMENT At 11:40 P.M. on motion of Councilman Ruth, seconded by Councilman Dyda, the meeting adjourned. ,%=?- ,27- . 13' / MA 0 LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL i2 . , / . df D"U 784 Council February 7, 1978