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CC MINS 19780321 M I N U T E S CITY OF RANCHO PALOS VERDES REGULAR MEETING MARCH 21, 1978 The meeting was called to order at 7:30 P.M. by Mayor Ken Dyda 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: RYAN, BUERK, HEIN, AND MAYOR DYDA II/ ABSENT: SHAW CEREMONIAL MATTER Mayor Dyda presented to Councilman Ryan a Proclamation in appreciation of his term as Mayor from March 15, 1977 through March 14, 1978. This Proclamation made special note that during his Mayorship, the Parks & Recreation Department was created to meet the recreation and leisure needs expressed by the community: initiation of a comprehensive fire service study: submission of the Coastal Specific Plan to the California Coastal Commission: modification of the RTD bus routes on the Peninsula: finalization of the Nike Site recreation purchase: dedication of the Peninsula Community Room: and, initiation of an annexation study of the Western Avenue area. APPROVAL OF AGENDA: After addition of: Vacancy on the RTD, Board of Directors (Dyda) , and Request from the City of San Diego with regard to the Sun Desert Power Plant (Dyda) , the Agenda was approved on motion of Council- man Ryan, seconded by Councilwoman Hein. There being no objection, MAYOR DYDA SO ORDERED. WAIVER OF FULL READING - Councilman Ryan moved, seconded by Council- ORDINANCES & RESOLUTIONS woman Hein, to waive reading in full of all ordinances and resolutions adopted at this meeting with consent to the waiver of read- ing 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. APPOINTMENTS TO COUNCIL Mayor Dyda distributed a list which indi- COMMITTEES, SUB-COMMITTEES cated the Council representation on the & AD HOC COMMITTEES various outside organizations, standing (306) committees and ad hoc committees as follows: Outside Committees: City Selection Committee - Dyda/Shaw: League of California Cities - Shaw/Hein: South Bay Cities - Shaw/Ryan: South Bay Corridor - Buerk: SCAG - Buerk/Hein: California Contract Cities - Ryan/Hein: Sanitation District - Dyda/Shaw: Committee of Mayors - Dyda: South Bay Juvenile Diversion Project - Hein/Shaw: Southern California Joint Powers Insurance Agency - Dyda/Hein: Standing Committees: Site Acquisition - Shaw/Ryan: Public Safety - Dyda/Buerk: Legislation - Shaw/Ryan: Civic Center - Shaw/Ryan: Newsletter - Ryan/Buerk Trails & Pathways - Hein/Shaw: Contract Review - Dyda/Hein: Fiscal Review - Buerk/Hein: Ordinance Review - Hein/Shaw: Franchise - Ryan/Buerk: Street Standards - Buerk/Dyda: Animal Control - Ryan/Shaw: Council Ad Hoc Committees: Annexation - Buerk/Ryan: Merger - Hein/Buerk: Precinct - Dyda/Shaw: Logo - Dyda/Shaw: Committee & Commission Appointments - Shaw/Buerk: Height Ordinance - Dyda/Shaw: 797 Councilman Ryan moved, seconded by Councilman Buerk to approve the memberships as stated in the Mayor's handout. There being no objection, MAYOR DYDA SO ORDERED. PORTABLE BUILDINGS The Public Works Director presented the Staff AWARD OF CONTRACT memorandum of March 15, 1978 which described (302) the proposed floor plan for accommodating the Planning Department. This plan consisted of three 12 X 60 units which provide a gross area of 2160 square feet. Bids were solicited from a number of firms and four acceptable bids were received. The lowest received was from Mobile Facilities Inc. for a purchase price of $37,000. It was Staff recommendation that the Council authorize the Mayor to sign an agreement with Mobile Facilities, Inc. for the fabrication, delivery and set-up of a portable building per their proposal. In order to provide convenient public access, it was proposed to place this structure along the driveway, just off the main entrance. Council discussion then followed on the most appropriate place for this structure: the cost of grading the ice plant area in front of City Hall for its placement: the impact of the Jarvis Initiative in terms of reduction of office space requirements: the cost of security hook-up: and, the distribution of office space. Councilman Buerk moved to continue this matter until the next Council meeting and re- quested clarification of the aforementioned details. The motion was seconded by Councilman Ryan and carried on the following roll call vote: AYES: RYAN, BUERK, HEIN, AND MAYOR DYDA NOES: NONE ABSENT: SHAW CITY LOGO Community Services Officer Bandy presented the (306) Staff memorandum of March 9, 1978. Mr. Tom Hollingsworth displayed the proposed City Logo in different colors and described its various applications. Councilman Buerk moved, seconded by Councilwoman Hein to approve the basic logo design. The motion carried on the following roll call vote: AYES: RYAN, BUERK, HEIN AND MAYOR DYDA NOES: NONE ABSENT: SHAW Council discussion then followed with regard to the incorporation of the swinging heart in the logo. Concern was expressed that perhaps it would be incompatible with the modern design of the logo and the fact that the swinging heart represented the entire Peninsula and not just the City of Rancho Palos Verdes. Councilman Buerk then moved, seconded by Mayor Dyda, to approve the basic design plus the words "RANCHO PALOS VERDES". The motion failed on the following roll call vote: AYES: BUERK/DYDA NOES: RYAN/HEIN ABSENT: SHAW COUNCIL 798 MARCH 21, 1978 Councilman Ryan moved, seconded by Councilwoman Hein, to table the matter until the next Regular Council Meeting. The motion carried on the following roll call vote: AYES: RYAN, BUERK, HEIN AND MAYOR DYDA NOES: NONE ABSENT: SHAW PUBLIC HEARING: The Clerk having reported notice duly TENTATIVE TRACT NO. 33039 published and that no written protests LOCATION: OCEAN CREST & ISLAND VIEW had been received, Mayor Dyda declared LANDOWNER: OMER TINGLE the hearing open. (1411) Associate Planner Weber presented the Staff report of March 21, 1978. This pro- posed tract would allow for the creation of 26 lots. Twenty-three of the lots are small and intended to accommodate attached and detached single family units. Also included is a lot for condominium purposes which would allow for fifteen units. Two lots would be preserved for open space purposes. The Planning Commission held several public hearings on this development and approved a Conditional Use Permit pursuant to Chapter 1, Part 2 of the Development Code. Mr. Weber noted that a Negative Declaration was granted on March 14, 1977 and was appealed on March 18, 1977. Following a review of the appeal on April 5, 1977, the City Council upheld the Negative Declaration. Included in the Council's Agenda package was a report dated March 21, 1978 from the Planning Commission to the Council recommending approval of this tract, subject to the conditions listed in Exhibit "A" of the proposed resolution. Also presented for Council review were minutes from Planning Commission hearings, Staff reports, resolutions, Environmental Assessment, and Initial Study. Omer Tingle, 26210 Barkstone Drive, the landowner, told the Council that he had been working on this project since before the incorporation of the City. Mr. Russ McGuire, representing South Bay Engineering, the applicant, presented a lengthy technical analysis of the project beginning with its original design up through the design presented for Council's approval. Mr. William Antweiler, President of Seagate Homeowners Association, presented the Council with a letter dated March 17, 1978, a copy of which is on file with the Clerk's Office. This letter stated that group's objection to the Planning Department's recommendations to use Seagate's existing access road to accommodate the residents of the additional three single family units. The Seagate Homeowners were requesting a new and separate access road for the use of the residents of the proposed project. Mr. John McTaggart, Chairman of the Planning Commission, told the Council that the Commission had spent a great deal of time considering a second road and it was con- cluded that a good deal of grading would be required to install such a road: that the cost of maintenance would be very high and, further, there was some question as to the stability of the land where this road would be built. He also said that the existing road was widened for safety reasons and to provide better access for exist- ing and future residents. In response to the Mayor's call for opposing testimony, Russ McGuire stated that the widened road would facilitate parking for recreational vehicles and at the same time, permit passage of service vehicles. Mr. Antweiler said his group was also concerned about unauthorized use of Seagate's recreational facilities by those residents of the proposed project. Mr. McTaggart responded by commenting that the Commission didn't feel that a second road would eliminate unauthorized use of these facilities. COUNCIL 799 MARCH 21, 1978 There being no response to the Mayor's call for further testimony, he declared the Public Testimony portion of the hearing closed. Council discussion then followed concerning the type of traffic that would be generated by single family homes and whether the City would be responsible for liability incurred as a result of building a road on land of questionable stability. Councilman Buerk moved, seconded by Councilwoman Hein to adopt the proposed resolution. Mayor Dyda moved that Section 6, Subparagraph "c" of Exhibit "A", be amended to read as follows: c. Show and label all natural drainage courses unless they are replaced by approved drainage facilities. The motion was seconded by Councilman Ryan and carried unanimously. On motion of Mayor Dyda, seconded by Councilman Buerk, Section 31 was amended by adding: ". . . and the City Attorney. The City shall be a party to the CC & Rs." RESOLUTION NO. 78-14 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING TENTATIVE TRACT NO. 33039 was read by title. On motion of Councilman Buerk, seconded by Councilwoman Hein, RESOLUTION NO. 78-14 was ADOPTED. The motion carried on the following roll call vote: AYES: BUERK, HEIN, AND MAYOR DYDA NOES: RYAN ABSENT: SHAW RECESS At 9:25 P.M. Mayor Dyda declared a brief recess. At 9:35 P.M. the meeting re- convened, with the same members present. SOUTHERN CALIFORNIA RAPID Mayor Dyda reported that he had received TRANSIT DISTRICT a letter from the Mayor of Rolling Hills (310 X 1505) requesting support for the candidacy of Gordona Swanson to fill a vacancy on the Board of Directors of the Southern California Rapid Transit District. Councilman Ryan objected to this support, citing Mrs. Swanson's position regarding the nomination of a representative to LAFCO. Mayor Dyda commented that he had spoken with Mrs. Swanson and felt that she was sensitive to the needs of the entire area. Councilman Ryan withdrew his objection. Councilman Buerk moved, seconded by Councilwoman Hein, to support the candidacy of Councilwoman Gordona Swanson. The motion carried unanimously. SUN DESERT POWER PLANT Mayor Dyda reported that he had re- (310) ceived a request from the City of San Diego to pass a resolution sup- porting AB 1014. Councilman Ryan commented that more background information was needed on this project and requested that the Council's Legislative Committee bring back a report on this Bill to the Council. AUDIENCE QUESTIONS: DEVELOPMENT CODE REVISIONS John McTaggart, 6916 Purpleridge, requested (1801) that the Council review certain sections of the Development Code, particularly that section dealing with home occupations and how they impacted the neighborhood in-so-far as parking was concerned. COUNCIL 800 MARCH 21, 1978 After Council discussion of this revision and other possible changes, Councilman Buerk moved that the Ordinance Review Committee consider this section along with others and present a revision plan to the Council for review. The motion was seconded by Councilman Ryan and carried on the following roll call vote: AYES: RYAN, BUERK, HEIN AND MAYOR DYDA NOES: NONE ABSENT: SHAW FRANCHISE CABLE TV Richard Young, a representative of TV (605) Communications, requested that the Council consider adopting the Franchise Ordinance for cable television, during the month of April. SLURRY SEAL PROJECT The Director of Public Works presented the (404) Staff memorandum of March 15, 1978. It was recommended that the City Council approve the plans and specifications, and authorize the Staff to advertise the 1977-78 slurry seal project for bids. Councilman Ryan moved, seconded by Councilman Buerk to approve the Staff recommendation. There being no objection, MAYOR DYDA SO ORDERED. CHIP SEAL PALOS VERDES Director Pikus presented the Staff memorandum DRIVE WEST/SOUTH/25TH STREET of March 16, 1978 which noted that this chip (1404) seal project was included in the 1977-78 budget. Councilman Buerk moved to approve the plans and specifications to advertise. Council- man Ryan seconded the motion. There being no objection, MAYOR DYDA SO ORDERED. REQUEST FOR STREET SWEEPING Director Pikus reported on a letter received (1405) from the Del Cerro Homeowners Association requesting street sweeping on a regularly scheduled basis. Councilman Buerk suggested a two month test program to see if the sweeping of these uncurbed streets would be effective. Katie Garnett, 5234 Crestwind Drive, and Rex Masten, 30243 Oceanaire, told the Council that they were very much in favor of such test program. Councilman Buerk then moved, seconded by Councilman Ryan, that the Director of Public Works present a report in two months as to the effectiveness of sweeping these non- curbed streets. The motion carried unanimously. PALOS VERDES SOUTH HOMEOWNERS On motion of Councilman Ryan, seconded by ASSOCIATION Councilwoman Hein, the March 15, 1978 request (808) from the Palos Verdes Homeowners Association to erect a sign announcing the Sunday, April 9th Annual General Meeting was approved. The motion carried unanimously. Councilman Ryan moved, seconded by Councilwoman Hein, to waive the fee for the posting of this sign. The motion carried on the following roll call vote: AYES: RYAN, BUERK, HEIN AND MAYOR DYDA NOES: NONE ABSENT: SHAW COUNCIL 801 MARCH 21, 1978 • WESTERN AVENUE ANNEXATION In response to the Council's request, (105) the City Manager distributed a report on the annexation of the Western Avenue area. He suggested that Council review the report and have a work session to discuss this annexation. Councilman Ryan moved to make an addendum to the report taking into consideration the impact of the Jarvis Initiative. The motion was seconded by Councilwoman Hein. There being no objection, MAYOR DYDA SO ORDERED. Councilman Buerk suggested that this addendum be made available to the Annexation Committee for them to study the whole annexation matter to determine if the City should proceed further with this annexation. CONSENT CALENDAR: On motion of Councilman Ryan, seconded by Councilman Buerk, the Consent Calendar was approved as follows: RESOLUTION NO. 78-15 ADOPTED RESOLUTION NO. 78-15 OF THE CITY CITY SELECTION COMMITTEE COUNCIL OF THE CITY OF RANCHO PALOS VERDES (306) APPOINTING A MEMBER AND ALTERNATE MEMBER OF SAID COUNCIL OF SAID CITY TO THE CITY SELECTION COMMITTEE PURSUANT TO PART 3 OF DIVISION 10 OF THE PUBLIC UTILITIES CODE. RESOLUTION NO. 78-16 ADOPTED RESOLUTION NO. 78-16 OF THE CITY REGISTER OF DEMANDS COUNCIL OF THE CITY OF RANCHO PALOS VERDES (1504) ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $236,796.43, DEMAND NUMBERS 4585 THROUGH 4700, & 4702 THROUGH 4703. PARCEL MAP NO. 7956 APPROVED PARCEL MAP NO. 7956, and made the (1410) appropriate findings. WHEEL CHAIR RAMPS Granted temporary jurisdiction of the GRANTING TEMPORARY JURISDICTION intersections of Hawthorne Boulevard (1404) and Indian Peak Road, and Hawthorne Boulevard and Silver Spur Road to the City of Rolling Hills Estates for the purpose of constructing wheel chair ramps. # # # # # JOINT POWERS AGREEMENT Denied approval of the proposed Joint FOR SOUTHWEST REGIONAL Powers Ageeement establishing the TRAINING CENTER Southwest Regional Training Center as (1202) a public agency. The Administrative Services Officer suggested that since Council was not in favor of signing this Agreement that the City send personnel to the various seminars at the individual workshop fee. Councilman Ryan so moved, the motion was seconded by Councilwoman Hein and carried unanimously. RECESS TO EXECUTIVE SESSION At 10:40 P.M. Councilman Ryan moved to recess to executive session to discuss pending litigation. The motion was seconded by Councilman Buerk and carried unanimously. At 11:13 P.M. Council reconvened with the same members present. COUNCIL 802 MARCH 21, 1978 • PURCHASE OF LOT 6 Councilman Ryan moved to authorize the - MONTEMALAGA TRACT City Attorney to enter into a settlement (303) agreement with Mr. Russell V. Harris and the Zuckerman Company on the six Monte- malaga lots. This agreement would include the purchase of one lot for $35,000. The motion was seconded by Councilwoman Hein and carried on the following roll call vote: AYES: RYAN, BUERK, HEIN & MAYOR DYDA NOES: NONE ABSENT: SHAW PALOS VERDES MONACO On motion of Councilman Ryan, seconded Vs. CITY OF RANCHO PALOS VERDES by Councilman Buerk, the City Attorney (303) was authorized to defend the City and the individuals named in the Palos Verdes Monaco law suit. The motion carried unanimously. ADJOURNMENT: At 11:15 P.M. Councilwoman Hein moved, seconded by Councilman Ryan, to adjourn to March 28th at 7:30 P.M. for a work session on the Fiscal 1978-79 budget. The motion carried unanimously. , 4I4 d MAYOR LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL ;PUTY COUNCIL 803 March 21, 1978