CC MINS 19780404 M I N U T E S
CITY OF RANCHO PALOS VERDES
REGULAR MEETING
APRIL 4, 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, SHAW, HEIN & MAYOR DYDA
ABSENT: NONE
APPROVAL OF AGENDA: After addition of: Park Tree donation (Ryan) ; Height
Ordinance (Dyda) ; Council Committee Change (Dyda) ;
Representative on Board of Directors for Chamber of
Commerce (Dyda) ; Sundesert Power Plant (Ryan) ; Cash
Contract No. 2645X (City Manager Reports) ; and, Nike Site Purchase (City Manager Reports) ,
the Agenda was approved on motion of Mayor Dyda, seconded by Councilwoman Shaw.
There being no objection, MAYOR DYDA SO ORDERED.
WAIVER OF FULL READING Councilman Ryan moved, seconded by Councilwoman Shaw, to
OF ORDINANCES & RESOLUTIONS 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 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 DYDA SO ORDERED.
AMENDMENT TO THE On motion of Councilman Buerk, seconded by Councilwoman
GENERAL PLAN Shaw, this matter was continued until the first Council
(701) Meeting in May to allow the applicant an opportunity to
meet with residents of the area.
There being no objection, MAYOR DYDA SO ORDERED.
CITY LOGO Community Services Officer Bandy presented the Staff
(306) memorandum of March 27, 1978 which summarized the Council
action taken at the March 21st meeting. At that time,
consideration of the basic logo design was approved,
however, further consideration of the signage logo was delayed pending consideration by
the full Council.
IIIMrs. Dodi Burkhardt, 30423 Via Cambron, spoke in favor of incorporating the swinging
heart design in the logo.
Dave Ruth, 40 Cinammon Lane, also spoke in support of incorporating the swinging heart
design.
Council discussion then followed, with Councilmembers Ryan and Hein expressing their
preference for inclusion of the swinging heart. Councilman Buerk commented that he did
not feel that design belonged in the modern logo adopted. Councilwoman Shaw noted that
the logo as adopted represented the elements of the City and that aesthetically the
swinging heart was not appropriate.
Councilman Buerk moved to add the name of Rancho Palos Verdes to the logo in cases where
it was appropriate and delete 1973 and the swinging heart. The motion died for lack of
a second.
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Councilwoman Shaw moved to adopt the logo for large signage with the name of the
City and the date 1973. The motion was seconded by Councilman Buerk and carried
on the following roll call vote:
AYES: SHAW, BUERK AND MAYOR DYDA
NOES: RYAN, HEIN
REQUEST TO HAVE DAVE RUTH Mayor Dyda reported that Councilwoman Hein requested
SERVE ON NIKE SITE to have former Councilman Dave Ruth serve on the Nike
ACQUISITION COMMITTEE Site Acquisition Committee since he had worked on
(306) this project while in office. He then moved to ratify
Councilwoman Hein's request. The motion was seconded
by Councilman Buerk.
There being no objection, MAYOR DYDA SO ORDERED.
PARK TREE DONATION The Parks & Recreation Director presented the Staff
(1407) memorandum of April 4, 1978 which explained the donation
of 200 teees by Mr. Richard Kazan of Palos Verdes Estates.
These trees are low maintenance and native to this area.
The Director suggested keeping these trees on the Nike Site in a protected area near the
fire station as a limited tree farm, and the concept of an ongoing tree farm be further
investigated.
Since Council expressed some misgivings regarding the maintenance, size at maturity, and
final placement of these trees, Staff was directed to investigate these concerns.
Councilman Ryan moved to table this item until the next regularly scheduled meeting.
The motion was seconded by Councilwoman Shaw.
There being no objection, MAYOR DYDA SO ORDERED.
HEIGHT ORDINANCE Councilman Buerk moved, seconded by Councilwoman Hein,
(1801) to consider the report on the Height Ordinance by the
Council subcommittee at the next City Council meeting.
Councilwoman Shaw noted that there would be a height
variance matter on the agenda for the next Council meeting and suggested a half-hour
discussion of the height variance at the work session of April 11th. Councilman Buerk
so moved, with seconding by Councilwoman Shaw.
There being no objection, MAYOR DYDA SO ORDERED.
COUNCIL COMMITTEES Mayor Dyda noted the request from Councilmembers Shaw
(306) and Hein for a change in committee representation as
follows: League of California Cities - Hein/Shaw, and
South Bay Juvenile Diversion Project - Shaw/Hein.
Staff was directed to send the appropriate letters to these organizations.
COUNCIL REPRESENTATION Mayor Dyda reported on a request from the Palos Verdes
ON CHAMBER OF COMMERCE Peninsula Chamber of Commerce for Council represen-
(306) tation on their Board of Directors. Councilwoman
Shaw was appointed the City's representative with
Councilwoman Hein acting as alternate.
Staff was directed to send a letter to the Chamber of Commerce informing them of this
representation.
SUNDESERT NUCLEAR POWER After Councilman Ryan reported on the viewpoints of the
STATION Sierra Club and the American Nuclear Society, he moved
(310) to receive and file this request from the City of San
Diego for support of the Sundesert Nuclear Power Plant.
The motion was seconded by Councilwoman Shaw.
There being no objection, MAYOR DYDA SO ORDERED.
Council Meeting 811 4/4/78
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PARKS & RECREATION - Mr. Jack Satalich, 4125 , requested that the City consider
WRESTLING CLASSES implementing a class for wrestling at the Miraleste High
School. The Administrative Services Officer noted that
insurance coverage was available for such a course.
Councilwoman Shaw volunteered to meet with Director of Parks & Recreation and Mr. Satalich
to look into starting such a program.
VIA VICTORIA STREET John McTaggart, Chairman of the Planning Commission, told
WIDENING/SIDEWALK the Council that as the result of a lot split on Via
(1404) Victoria, residents of that area were requesting that
the street be either widened or a sidewalk be installed
to accommodate school children in the neighborhood.
Council directed the Public Works Director and the Traffic Committee research the matter
and come up with an appropriate recommendation.
SHERIFF John McTaggart, 6916 Purpleridge, expressed his support
(1206) for the Los Angeles County Sheriff's Department, noting
their quick response to a recent burglary in his neigh-
borhood and complimenting Deputy Englebart for his program
with the youth of the City.
RESESS: At 8:47 P.M. Mayor Dyda called a brief recess. At
9:00 P.M. the meeting reconvened with the same members
present.
COUNCIL APPOINTMENTS Councilwoman Shaw referred to the draft of the voting
TO COMMISSION/COMMITTEES procedure for appointing members to the City's commission
(106) and committees. This procedure listed the sequence of
commission and committee appointments; list of candidates;
voting procedure; term of office; procedure for dealing
with tie votes or insufficient votes; and, the appointment of commission and committee
chairmen.
After Council discussion, it was determined that it would take three votes to appoint a
member to a committee or commission. Further, since it was the consensus of Council
that sufficient time must be allowed to talk with the candidates and make a decision,
Councilwoman Shaw moved to set the Friday before the Council meeting during which the
. f.e • - -- - would be made as the deadline for submitting applications for committee
and commission appointments. The motion was seconded by Mayor Dyda and carried unan-
imously. >; ' L �* ;c1/
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7 Councilman Ryan moved to adopt the p rocedure p resented b y the subcommittee.mmittee. The motion
was seconded by Councilwoman Hein and carried unanimously.
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Mayor Dyda reminded the Council that they should be prepared to enter into the process
of appointments to the various committees and commission at the next Regular Council
meeting.
SEA COVE DRAINAGE The Director of Public Works presented the Staff
CHANNEL memorandum of March 28th which explained the request
(604) from Mrs. Ralph Kohlmier, 38 Sea Cove Drive, to inves-
tigate the drainage problem along the side of her
property. The drain consists of an open channel from
Sea Cove Drive to a point approximately 273 feet south of Sea Cove Drive and carries
water from Sea Cove and the Canyon above Barkentine Road. It is located within a 15 ft.
easement located on 38 and 36 Sea Cove Drive. This easement was created by Tract No.
14649, recorded on April 27, 1949 and has existed in its present condition since shortly
after that time.
Council Meeting 812 4/4/78
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The City Engineer recommended constructing a pipe from the top of the seacliff to
the bottom and estimated that such a project would cost $100,000.
Staff recommendation was that since there does not appear to be any immediate threat
to property or life in this situation, that other alternative solutions be investi-
gated before expending a large sum of money on the City Engineer's recommendation.
Therefore, it was recommended that the City Council authorize Staff to engage a
soils engineer to investigate this problem in greater depth.
Council discussion then followed on whether or not the County had the responsibility
for the maintenance of this channel. It was the City Attorney's opinion that it was
unlikely the City would have recourse to the County on this matter.
Mr. Stanley Bauer, appearing on behalf of Mrs. Kohlmeir, 38 Sea Cove Drive, whose
property adjoins this drainage channel, told the Council that during heavy storms,
the drain water causes erosion of her property and sprays mud against her home. He
felt that the only way to solve the problem was to build the drain as recommended by
the City Engineer.
Mr. Rudy Mause, 420 Mesa Road, Santa Monica, representing Lyn Dakin, 36 Sea Cove Drive,
felt that the critical problem was protection against erosion. With the use of a
diagram of the seacliff, he explained how much had already been eroded.
Councilman Ryan moved that the Director of Public Works draw up a plan of action with
a schedule for implementation, list estimates, alternative solutions, and have ready
for the next Council meeting. The motion was seconded by Councilwoman Shaw, who, with
permission of the maker, amended the motion to include a plan considering the safety
aspects of an open drain. The motion carried on the following roll call vote:
AYES: RYAN, BUERK SHAW, HEIN AND MAYOR DYDA
NOES: NONE
CABLE TELEVISION Administrative Services Officer Wunderlin presented
ORDINANCE the Staff memorandum of March 29, 1978 which explained
(605) the present Franchise agreement under which the City is
operating and noting that it was somewhat antiquated
and does not adequately cover all elements of a modern
Franchise agreement. A proposed Franchise Ordinance was drafted and subjected to review
by TM Cablevision, the company serving the City, the City Attorney's Office and the
City Council Franchise Committee. Numerous changes and additions were made to that
proposed ordinance and the one presented to the Council covered cable television tech-
nology of today and provided the necessary controls and administration by the City.
Staff recommendation was that Council waive further reading of the ordinance and pass
to a second reading.
Council discussion then followed with Councilman Buerk noting his reluctance to having
the City involved in the setting of rates, and Councilman Ryan questioning the three
year review period.
Mr. John McTaggart, 6916 Purpleridge Road, voiced his objection to the passage of the
ordinance and felt that the City should be able to control the rates. He also dis-
agreed with the 15 year term for the Franchise agreement. He also requested that
the residents of the City receive notification of the adoption of this ordinance.
Harvey Brown, 29254 Beachside Drive, representing the Rancho Palos Verdes Council of
Homeowners Associations, also disagreed with the 15 year term of the agreement.
Councilman Buerk moved that this matter be continued to the first meeting in May to make
sure that the City gets sufficient community input on the matter. The motion was seconded
by Councilwoman Hein and carried unanimously.
Councilman Ryan recommended that in the meantime the City Attorney outline the area that
the City has some latitude with regard to rates and quality of programming.
Council Meeting 813 4/4/78
The motion carried on the following roll call vote:
AYES: RYAN, BUERK, SHAW, HEIN AND MAYOR DYDA
NOES: NONE
Councilwoman Shaw requested that the Staff draw up a report listing the advantages
of this agreement to the City: what the City can control; the advantages to City
residents; the amount of Staff time required; and, some clear definitions on the
pros and cons of this agreement.
TRAFFIC SIGNAL The Director of Public Works presented the Staff
MODIFICATION memorandum of April 3, 1978 which noted the Council's
HAWTHORNE BLVD. & DUPRE DR. authorization to advertise for bids for the modification
(1503 x 1411) of the traffic signal to accommodate the new align-
ment of the park access road for Tract No. 32673. He
noted that the bids were opened on March 29, 1978 and
the lowest bid received was from Smith Electric Supply for a lump sum price of $13,463.
Based upon their low bid and favorable recommendations, it was his recommendation that
the Council award Cash Contract No. 2645X to Smith Electric Supply at a lump sum price
of $13,463 and reject all other bids.
Councilman Ryan moved to adopt Staff recommendations that the City accept the bid of
Smith Electric Supply. The motion was seconded by Councilwoman Hein and carried on
the following roll call bid.
AYES: RYAN, BUERK, SHAW, HEIN AND MAYOR DYDA
NOES: NONE
NIKE SITE PURCHASE The City Manager presented his memorandum of April 4,
(1109) 1978, which outlined the steps to be taken in sub-
mitting an offer for the Purchase of the Nike Site
Civic Center. This procedure included the adoption
of the two attached resolutions.
Council discussed the costs presented for the 1977-92 Nike Site Open Space Development
and Maintenance and the costs involved for the Nike Site Open Space Development. It
was the consensus of Council that the costs presented for the development of the first
three sites should be spread over a ten year period. Council also suggested that this
plan be called a "Preliminary Plan".
RESOLUTION NO. 78-17 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN OFFER FOR THE PURCHASE OF THE CIVIC CENTER
SITE was read by Title. Councilwoman Shaw moved, seconded by Councilwoman Hein to
ADOPT RESOLUTION NO. 78-17. The motion carried on the following roll call vote:
AYES: RYAN, BUERK, SHAW, HEIN AND MAYOR DYDA
11/ NOES: NONE
RESOLUTION NO. 78-18 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA,
CHANGING THE PROPOSED PARKLAND BOUNDARIES was read by title. Councilman Ryan moved,
seconded by Councilwoman Shaw to ADOPT RESOLUTION NO. 78-18. The motion carried on
the following roll call vote:
AYES: RYAN, BUERK, SHAW, HEIN AND MAYOR DYDA
NOES: NONE
Council Meeting 814 4/4/78
CONSENT CALENDAR: On motion of Councilwoman Shaw, seconded by
Councilman Buerk, the Consent Calendar was
approved as follows:
MINUTES OF MARCH 14TH Approved as presented the Minutes of March 14th,
& MARCH 21ST and March 21st.
RESOLUTION NO. 78-19 ADOPTED RESOLUTION NO. 78-19 OF THE CITY COUNCIL
REGISTER OF DEMANDS OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN
(1504) CLAIMS AND DEMANDS IN THE SUM OF $817,584.97,
DEMAND NUMBER 4701, AND DEMAND NUMBERS 4704 THROUGH 4749.
RESOLUTION- NO. 78-20 ADOPTED RESOLUTION NO. 78-20 OF THE CITY COUNCIL
ESTIMATE OF ASSESSED OF THE CITY OF RANCHO PALOS VERDES REQUESTING
VALUATION THE ESTIMATE OF THE CITY'S ASSESSED VALUATION
(1501) FROM THE COUNTY ASSESSOR.
FINAL TRACT MAP NO. 32614 Approved the map; accepted the easements, approved
(1411) work agreements and bonds; made the appropriate
findings, and, instructed the City Clerk to endorse
on the face of the map of Tract No. 32614 the certificate which embodies the approval
of said tract map and the acceptance of any dedications shown thereon.
FINAL TRACT MAP NO. Approved the map; accepted the streets and easements as
31714 (1411) outlined in the March 28, 1978 letter from the County
of Los Angeles, Department of County Engineer; approved
the work agreements and bonds; made the appropriate findings; and, instructed the City
Clerk to endorse on the face of the map of Tract No. 31714 the certificate which embodies
the approval of said tract map and the acceptance of any dedications shown thereon.
The motion to approve the Consent Calendar carried on the following roll call vote:
AYES: RYAN, BUERK, SHAW, HEIN AND MAYOR DYDA
NOES: NONE
RECESS TO EXECUTIVE SESSION At 11:00 P.M. Councilwoman Shaw moved, seconded by
Councilman Buerk, to recess to Executive Session
for discussion of pending litigation.
ADJOURNMENT: At 11:29 P.M. Council reconvened with no action
taken. Councilman Ryan moved, seconded by Council-
woman Shaw to adjourn to April 11th for a work
session on the Antenna and Height Ordinance. The motion carried unanimously.
---ii-
MAYOR
ATTEST:
LEONARD G. WOOD, CITY CLERK AND
EX OFFICIO CLERK OF THE COUNCIL
...4, EAf
0( DIUTY
Council Meeting 815 4/4/78