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CC MINS 19780502 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MAY 2, 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: BUERK, RYAN, HEIN & MAYOR DYDA II/ LATE ARRIVAL: SHAW at 7:35 P.M. Also present were City Attorney Patrick Coughlan, City Manager Leonard Wood, Director of Planning Sharon W. Hightower, Director of Public Works Dennis Pikus, Director of Parks & Recreation Maynard W. Law, Community Services Officer Tom Bandy, Administrative Services Officer George Wunderlin and Deputy City Clerk Mary Jo Lofthus. APPROVAL OF AGENDA After addition of MiraVerde (Ryan) ; County of Los Angeles Solar Code (Ryan) : Wrestling Program (Shaw) : Legislation (Shaw) : Panorama Advertisement (City Manager)and removal of Item No. 8 (Request for City Council authorization to seek a land and water con- servation grant) , the Agenda was approved on motion of Councilman Ryan, seconded by Councilwoman Hein. The motion carried unanimously. WAIVER OF FULL READING OF Councilman Ryan moved, seconded by Councilwoman ORDINANCES & RESOLUTIONS Hein 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 members of Council after the reading of the title, unless specific request was made at that time for the reading of such ordinance or resolution. The motion carried unanimously. CABLE TELEVISION FRANCHISE Administrative Services Officer Wunderlin ORDINANCE presented the staff memorandum of April 26, 1978 (605) which included an exhibit comparing the dif- ferences between the Councy ordinance and the proposed City ordinance. In essence, the proposed ordinance provided an up-dated single document which defined the terms and regulations dealing with this franchise. It was staff's recommendation that Council waive further reading of the ordinance and pass to a second reading. Council discussion then followed regarding City regulation of the fees charged; local programming; and, increased channels available to residents. Mr. Bob Mohr, 28700 Circlet Dr. , questioned the percentage of rates returned to the City and inquired as to whether this was a non-exclusive franchise. Mr. Vince Martelli, 6937 Vallon Dr. , representing the Rancho Palos Verdes Council of Homeowners Association presented a letter to the Council which contained information on rates charged by other cable television companies and showed a comparison of their monthly rates and available channels. He stated that this information had been col- lected by him at the request of the Association. Mr. Martelli's letter is on file with the City Clerk's office. Melvin W. Hughes, 28017 San Nicolas Drive., questioned the provisions of Paragraph 2, Subparagraph B. Additionally, it was his opinion that TM Cablevision had not been responsive to the needs of the people and requested that Council work with them to provide local programming. Responding to theabove remarks, Mr. Richard Young, representing TM Cablevision, noted that there was a section in the franchise ordinance dealing with the quality of service provided; that his company paid a franchise fee on all rates collected in the City;and, noted the low interest in local programming that had been made available by his company at an earlier date. 839 Council discussion then followed regarding the setting of rates; how frequently the rates should be reviewed; and the cost and availability of local programming. It was the consensus of Council that the ordinance should go back to the subcommittee and that the ideas and information presented at the meeting should be taken into con- sideration in its revision. The main areas to be considered were regulation of rates and franchise fee; improved local programming, and getting additional information from residents. Councilman Ryan noted that the Franchise Committee was deadlocked with regard to regulation and non-regulation of rates and suggested that the City should have 90 days to approve or disapprove rates. Councilman Buerk moved, seconded by Councilwoman Hein to send the ordinance back to the Franchise Committee for review and that an enabling ordinance be presented to the Council at the first meeting in June. The motion carried on the following roll call vote: AYES: BUERK, SHAW, HEIN & MAYOR DYDA NOES: RYAN REQUEST FROM DEL CERRO HOMEOWNERS The Director of Public Works presented the ASSOCIATION FOR LANDSCAPE MAINTENANCE staff memorandum of April 12, 1978 which (808 x 1405) explained the request received from the Del Cerro Homeowners Association requesting the City to maintain and landscape certain areas along Crenshaw Boulevard. Mr. Spencer Ballard, 30423 Ambersky Drive, representing the Del Cerro Homeowners Association, told the Council that presently the residents of the area were spending $80.00 per month on this area, however, it was not being maintained at an adequate level. Council then discussed the City's policy whereby only landscaping along arterial streets would be maintained by the City, and if similar requests were made and granted the expense would be too great for the City. Councilwoman Shaw moved, seconded by Councilwoman Hein, to deny the request of the Del Cerro Homeowners Association for the City to maintain the landscaping along Crenshaw Boulevard. The motion carried unanimously. ABALONE COVE HOMEOWNERS ASSOCIATION Director Pikus presented the staff memorandum REQUEST FOR LANDSCAPING of April 12, 1978 which described the request (808 x 1405) received from Abalone Cove Homeowners Associ- ation asking for assistance in landscaping the embankment and median strip on Palos Verdes Drive South in the vicinity of Barkentine Road. The staff report listed four alternatives, however the Director suggested a Council sub-committee be formed to set priorities for similar. requests. Council then discussed: the possibility of the homeowners furnishing and installing the plants and the City taking over the maintenance; forming an ad hoc committee to look at the problems of medians throughout the City and formulating a policy for maintenance; and, co- ordination of this request with the Street Standards Study. . Councilman Ryan moved to refer this matter to the Street Standards Committee., The motion was seconded by Councilwoman- Hein and carried unanimously. Councilwoman Shaw then noved that upon approval of the appropriate City Department and Consistent with the City's policy, that the homeowners association be allowed to install the plants and sprinkler system nd the City would then take over the maintenance. The motion was seconded by uncilman Ryan and carried unanimously. (624c),4k ' - ' , `,e-c c e-, - ---. ,d,000, RECESS: At 9:15 P.M. Mayor Dyda declared a brief - recess. At 9:20 P.M. the meeting reconvened with the same members present. Mayor Dyda then introduced Councilwoman Gordona Swanson from the City of Rolling Hills who was present in the audience. TENTATIVE TRACT MAP NO. 33206 After the Clerk reported that notice of the RESOL. NO. 78-25 public hearing had been published as prescribed (1411) by law, Mayor Dyda opened the public hearing on this matter. Council May 2, 1978 840 Associate Planner Gary Weber presented the staff report of May 2, 1978 which explained that this tentative tract map would allow for 76 single family lots, common open space, public streets and installation of infrastructure facilities including underground utilities. The residential lots ranged in size from 6,000 to 12,000 square feet and the common area involved about 40 acres. The common area improvements would include landscaping, walking trails and observation structure. The roads proposed would be 28 ft. wide, public and single loaded, with parking bays and landscaped islands. The staff report further noted that an Environmental Impract Report was prepared, a public hearing held and the document was finalized on April 13, 1977. The Planning Commission approved the Conditional Use Permit and recommended approval. Staff recommended that Council approve Tentative Tract Map No. 33206, subject to the conditions listed in Exhibit "A" to the proposed resolution. Mr. Weber explained that the issue of radiation was explored and it was determined that the levels that existed were found to be extremely low and well within the standards issued by OSHA. He noted two additions to Exhibit "A". Number 18 was amended by adding: "Said street lights shall be owned, operated and maintained by the Homeowners Association. Further, these provisions shall be included in the CC&Rs. No lights shall be installed without express consent of the City Council." Number 14 was amended by inserting $35,572.00 as the amount paid for the parkland dedication fee. Council discussion then followed regarding the availability of pathways for children attending the local schools. Mr. George Putnam, Vice President of S:&S :Co.nstruction,the applicant and landowner, told the Council that a pedestrian trail could be provided. Mr. Ralph Martin, 3292 Coveview, the architect for S&S Construction, stated that he was available to answer Council's questions. Councilwoman Gordona Swanson from the City of Rolling Hills presented her City's objections to this tract. Those objections were based mainly on density. Mr. Gaylord H. Grider, 3506 Newridge, representing the Crestmont Homeowners Association questioned if the developer was getting credit for land over the 35% slope; was concerned about the traffic impact on Crest Road; and, the possible installation of street lighting. Mr. Patrick Hanlon, 3139 Dianora Drive, told the Council that the Mira Catalina Home- owners Association invited the builder to review this tract with members and they were pleased with the development. In making additional comments, Mr. Putnam told the Council that his company had adhered strictly to the General Plan in developing this tract and that it would be carried out in two phases. Mr. Melvin W. Hughes, 28017 San Nicolas Drive told the Council that another dome had been installed at the Radar Site and recommended that the City make inquiry as to whether or not the Federal government was making additions. There being no response to the Mayor's call for additional further audience testimony, he declared the meeting closed. After Council discussion of the availability of a pedestrian trail for school children, the following addition was made to Exhibit "A" of the proposed resolution: Number 30: The devloper shall submit to the Director of Planning, plans for an additional trail segment intended to provide alternate access to Crest Road (and Mira Catalina School) . The Director of Planning shall review the plans to determine feasibility. If determined to be feasible, the developer shall be required to construct said trail which shall be guaranteed by bond,cash deposit or combination of thereof. RESOLUTION NO. 78-25 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING TENTATIVE TRACT MAP NO. 33206 was read by title. Upon motion of Councilman Ryan, seconded by Councilman Buerk, RESOLUTION NO. 78-25 was ADOPTED. The motion carried unanimously. COUNCIL 841 May 2, 1978 TENTATIVE TRACT MAP NO. 32110 After the Clerk reported that notice had (1411) been published according to law, Mayor Dyda declared the public hearing open. Assistant Planner Keith Turner presented the staff memorandum of May 2, 1978 which outlined this tract as a 25.2 acre piece of land which would be divided into 11 single family lots and one large common lot under the Residential Planned Development provision of the Development Code. The zoning on the subject land is Residential Single Family and Open Space/Hazard. All development and grading would occur within the residential zone and all open space hazard areas would be left in their natural state with the exception of some flood control devices outlined by the County Flood Control District. The average lot size would be 19,906 square feet, not including the OH portions. A Conditional Use Permit for this project defined the building footprints and maximum ridge elevations for the residential structures. The most significant issue raised during the hearing process before the Planning Commission was the fact that Crenshaw Boulevard would be extended beyond its present terminus. During the Commission hearings the project geologist reported that the physical appearance of the area substantiated geologic stability. The staff report also noted that the staff had conferred with the County geologist and felt that based on the professional testimony of these geologists that the extension would have no adverse effect. Other sensitive issues which were addressed during the Commission hearings was the park compatibility and view obstruction. Staff recommended that the Council approve Tentative Tract Map No. 32110, subject to the conditions listed in Exhibit "A" of the proposed resolution. Mr. Turner noted that in Number 26. of Exhibit "A", the parkland dedication fee would be $1663. Also, in Number 27. the amount of $34,639 would be the cash contribution paid to the City to cover costs of improvements to Altamira Canyon. Public Works Director Pikus suggested that Number 29. be amended as follows: 29. Prior to approval of the final map, the subdivider shall post a cash deposit bond or combination thereof to cover costs for the following: a. Improvements for the "private street" per the requirements of the Public Works Director, improve- ments to the newly located public road for that portion which will serve as access to lots 3 and 4, improvements for one-half of Crenshaw Boulevard per the Street Standards Study (as it abuts lots 1 and 2) ; improvements to the full width of Crenshaw Boulevard from the center line of Seacrest Drive to the end of Crenshaw Boulevard as shown on the final map. Included in this bond shall be a sum of money to cover costs of improvements to the drainage swale and drainage sump along the eastern portion of Crenshaw Boulevard as shown on the improvement plan and to the specification of the City Engineer. Council discussion then followed regarding the height of the two homes that would require a variance; the amount of grading that would take place; and, the extent of the geologic studies that had been performed to determine the stability of this area. Mr. Tim Burrell, 4038 Exultant Drive, the applicant, told the Council that he had geologic tests performed in the area and there was no indication of instability on the property. He did not believe that more tests were necessary. Speaking in opposition to this tract were the following residents of the area: Cleve Stoskopf, 30415 Amber Sky; Jack Hutchison, 30447 Amber Sky; Michael Cicoria, 30684 Oceanaire; Woody Hays, 31305 Oceanaire; and, Mel Home, 30479 Amber Sky. Their concerns dealt with possible interference of views; hazards involved in extending Crenshaw Boulevard; and, erosion to the rear of lots located on Amber Sky due to runoff. Additionally, they felt that consideration should be given for another location of the access road. Council 842 May 2, 1978 Mr. Woody Hays, representing the Del Cerro Homeowners Association presented a petition to the Council which had been signed by residents of that area. This petition stated those residents' opposition to the extension of Crenshaw. This petition is on file with the City Clerk's Office. Speaking in rebuttal, Tim Burrell stated that no views would be impacted; and, that adequate precautions had been proposed in order to correct the uncontrolled drainage problem existing immediately southeast of the proposed tract. There being no response to the Mayor's request for additional public testimony, Mayor Dyda declared the hearing closed. Council discussion then followed regarding the height variance for the two structures which were considered as part of the CUP; whether adequate testing had been performed by the geologists; and, the possibility of building another road for access to this development. It was the consensus of Council that every condition of the proposed resolution dealing with grading, filling and the impact of the extension of Crenshaw Boulevard should be imposed. Additionally, that Council be supplied with sufficient geologic reports on the stability of the land. Councilman Buerk moved to continueJthis matter until the Council had the results of the Traffic Committee study on the extension of Crenshaw Boulevard. The motion was seconded by Councilwoman Hein but failed on the following roll call vote: AYES: BUERK, HEIN NOES: RYAN, SHAW & MAYOR DYDA The suggestion was then made to put off consideration of this tract until the next regular meeting in May and have staff report on the general geologic condition of lower Crenshaw Boulevard below this project. Councilman Buerk moved to continue the matter until the next meeting in May. The motion was seconded by Councilman Ryan and carried on the following roll call vote: AYES: BUERK, RYAN, HEIN & MAYOR DYDA NOES: SHAW. RECESS At 12:30 A.M. Mayor Dyda called a brief recess. At 12:37 A.M. the meeting reconvened with the same members present. HEIGHT ORDINANCE Councilwoman Hein moved, seconded by Councilman (1801) Ryan to continue this item until the next Council meeting. The motion carried unanimously. MIRA VERDE COUNTY Councilman Ryan reported that he had received INSPECTIONS calls regarding leaking roofs and other building (310 x 201) problems in the MiraVerde area. He then moved that he and Councilwoman Hein be authorized to meet with the City Manager and the County Engineer to discuss the adequacy of the County's inspection procedures. After that meeting, he would then report back to Council with a recommendation. The motion was seconded by Councilwoman Shaw and carried unanimously. LOS ANGELES COUNTY Councilman Ryan moved to have staff obtain a SOLAR BUILDING CODE copy of the Los Angeles County solar building (310 x 201) code and make a recommendation as to whether or not it should be applied to the City's Code. The motion was seconded by Councilwoman Hein and carried unanimously. WRESTLING PROGRAM Councilwoman Shaw reported that a wrestling (310 x 1201) program had been started at Miraleste and at Rolling Hills High School. LEGISLATION Councilwoman Shaw reported that SB2442 was now (310) in the State Senate and requested permission to seek the support of State Senator Bob Beverly for passage of this bill. Council indicated its support for her request. Council 843 May 2, 1978 RADAR SITE Council instructed staff to find out if the (1109) Federal government was making any improvements or additions to the Radar Site and, if so, that an EIR be requested. AUDIENCE QUESTIONS NOT ON THE Mrs. Lois Larue, 3136 Barkentine Road, expressed AGENDA her views on the following: antenna safety; more women on City committes and commissions; TM Cablevision painting on the curbs; Sheriff's department response to burglary; broken fence along Palos Verdes Drive South; volunteer services provided by residents; effect of radar on residents; tumbleweed on the Filorium property; CETA program; and, the bumps on the road near the slide area. DOG LICENSE FEES FOR Community Services Officer Bandy distributed a 1978-79 memorandum which listed the subcommittee's (104) recommendations that the number of field hours be retained at the present level of 32 hours, and that the current City Animal Ordinance be updated to include sections which addressed: (a) animal defecation on private and public property; and, (b) barking. Councilman Buerk moved, seconded by Councilwoman Shaw to approve the subcommittee's recommendations. The motion carried on the following roll call vote: AYES: BUERK, RYAN, SHAW & HEIN NOES: MAYOR DYDA PANORAMA ADVERTISEMENT The City Manager noted that the City had received (305) a letter from the Daily Breeze inquiring if the City would be placing an advertisement in the Peninsula Panorama edition to be published on Thurday, May 25, 1978. (At 1:05 A.M. City Attorney Coughlan left the meeting.) Councilman Ryan expressed his opposition to placing such an advertisement. Councilman Buerk moved to place a half page ad in the Daily Breeze and the Peninsula News, subject to the approval of the NEWSLETTER subcommittee. The motion was seconded by Councilwoman Hein and carried on the following roll call vote: AYES: BUERK, SHAW, HEIN & MAYOR DYDA NOES: RYAN # # # # # CONSENT CALENDAR After removal of Item No. 10 (Request from the American Association of University Women to place signs in the public right-of-way) the Consent calendar was approved on motion of Councilman Ryan, seconded by Councilman Buerk. The motion carried on the following roll call vote: AYES: RYAN, BUERK, EHAW, HEIN & MAYOR DYDA NOES: NONE MINUTES Approved as submitted the minutes of March 28, April 11, and April 18, 1978. RESOL. NO. 78-26 ADOPTED RESOL. NO. 78-26 OF THE CITY COUNCIL REGISTER OF DEMANDS OF THE CITY OF RANCHO PALOS VERDES ALLOWING (1504) CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $637,455.71, DEMAND NUMBERS 4812 THROUGH 4861. RESOL. NO. 78-27 LANDSCAPE MAINTENANCE DISTRICT NO.2 ADOPTED RESOL. NO. 78-27 OF THE CITY COUNCIL OF (901) THE CITY OF RANCHO PALOS VERDES INITIATING PROCEEDINGS AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT IN CONNECTION WITH THE FORMATION OF A LANDSCAPING MAINTENANCE DISTRICT (LANDSCAPE AND OPEN SPACE MAINTENANCE DISTRICT NO. 2) . Council 844 May 2, 1978 AWARD OF SLURRY SEAL PROJECT Awarded contract covering the 1977-78 (1404) slurry seal project to Roy Allen for $39,169.80 and rejected all other bids. ACCEPTANCE OF GRANT DEED FOR Authorized the acceptance and recording of EQUESTRIAN TRAIL the Grant Deed providing for an easement for a (701 x 1201) public equestrian trail. CONTRACT WITH B&C TINKERTOWN Approved the contract with B&C Tinkertown CARNIVAL COMPANY Carnival Company to provide rides for the (1201) July 4th celebration. # # # # # # ITEM REMOVED FROM THE CONSENT CALENDAR: REQUEST TO PLACE SIGNS Council briefly discussed the type of signs IN THE PUBLIC RIGHT-OF-WAY that would be displayed. Councilman Buerk (305) moved to approve the same type of sign at the fence line which was used last year. The motion was seconded by Mayor Dyda but failed on the following roll call vote: AYES: BUERK & MAYOR DYDA NOES: RYAN, SHAW & HEIN Councilman Ryan moved to grant the request of the Association to place signs in the public right-of-way, and waive the fee. The motion was seconded by Councilwoman Shaw and carried on the following roll call vote: AYES: RYAN, SHAW & HEIN NOES: BUERK & MAYOR DYDA ADJOURNMENT At 1:25 A.M. Councilman Ryan moved, seconded by Councilwoman Shaw, to adjourn the meeting to Tuesday, May 9, 1978 at 7:30 P.M. for a work session on the tree trimming ordinance. The motion carried unanimously. '‘--- - Al127/ 4-" MAYOR LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL /i. ,_ 00 Aligkit Lt Ci0( illy RK AO COUNCIL 845 May 2, 1978