Loading...
CC MINS 19780606 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JUNE 6, 1978 The meeting was called to order at 7:40 P.M. by Mayor Ken Dyda at the Palos Verdes Unified School District Buidling, 30942 Hawthorne Blvd. , Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BUERK, SHAW, HEIN & MAYOR DYDA ABSENT: RYAN Also present were City Manager Leonard G. Wood, City Attorney Patrick Coughlan, Administrative Assistant Trish Hanelin, Director of Planning Sharon W. Hightower, Director of Public Works Dennis J. 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. CEREMONIAL MATTER Mayor Dyda presented commemorative resolutions (304) to Ludwig Rosenberg, Jackie Mason, and John McTaggart in appreciation of their commitment and civic dedication as members of the City's commission and committees. APPROVAL OF AGENDA After addition of Contract Cities Meeting (Dyda) ; So. California Joint Powers Insurance Authority Board Meeting (Dyda) ; and, City Council's policy with regard to political activities (Dyda) , the agenda was approved as amended on motion of Councilwoman Shaw, seconded by Councilwoman Hein. The motion carried unanimously. WAIVER OF FULL READING OF ORDINANCES Councilwoman Shaw moved, seconded by Councilman & RESOLUTIONS Buerk, 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. Councilwoman Hein moved to adjourn the meeting at 10:30 P.M. The motion was seconded by Councilwoman Shaw and carried unanimously. ORDINANCE NO. 97 ORDINANCE NO. 97 OF THE CITY OF RANCHO PALOS TRANSFERRING DUTIES WITH RESPECT VERDES TRANSFERRING DUTIES WITH RESPECT TO TO CONSTRUCTION, EXCAVATION AND CONSTRUCTION, EXCAVATION AND ENCROACHMENT ENCROACHMENT PERMITS PERMITS TO THE PUBLIC WORKS DEPARTMENT OF THE II/ (201) CITY OF RANCHO PALOS VERDES, AMENDING CERTAIN SECTIONS THE HIGHWAY PERMIT ORDINANCE, AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was presented for second reading and adoption. Further reading being waived on motion of Councilwoman Shaw, seconded by Councilwoman Hein , it was moved by Councilwoman Shaw, seconded by Councilwoman Hein that ORDINANCE NO. 97 be ADOPTED. The motion carried unanimously. TEST OF PROPOSED TREE TRIMMING Director Hightower presented the proposed tree AMENDMENT trimming amendment charge which had been prepared ( 1407x 1205) in response to Council's request that the Environmental Committee conduct a six month test period of this tree trimming amendment. Councilwoman Shaw moved, seconded by Councilman Buerk, to adopt the charge proposed for the Environmental Committee and include discussion of this matter at their June 14, 1978 orientation meeting. The motion carried unanimously. 865 Councilwoman Hein moved that No. 4 (CRITERIA) , Subsection (3) be amended to read: U. . . shoreline, Catalina Island, or canyon. . ." The motion was seconded by Councilwoman Shaw and carried unanimously. Mr. Pat Hanlon, 3139 Dianora Dr. told the Council that he was pleased with this charge and inquired if forms would be available for making requests to the Committee. Council suggested that staff prepare guidelines for residents who wished to apply for a hearing before the Committee. PUBLIC HEARINGS: CLOVERCLIFF PARK Notice having been given as required by (1201 x 1408) law, Mayor Dyda declared the public hearing open. The Director of Parks & Recreation presented the staff memorandum of June 1, 1978 which noted that Council had adopted Resolution No. 78-30 ordering the vacation of Clovercliff Drive between Golden Meadow Drive and the City limits. Additionally, Council accepted the deeds from the property owners for the express purpose of developing this park. With the use of a drawing mounted for Council and audience viewing, the Director described the design of this proposed park which covered a 1/8th acre site and would feature turf, various kinds of ground cover, automatic irrigation system, walkways, benches and a drinking fountain. The final cost estimate for the park is $31,084. Staff recommended that after completion of the public hearing, Council approve the design plans and authorize staff to prepare and advertise a bid package. After Council discussion of the need for a walkway that would allow access to the City of Palos Verdes Estates, Mayor Dyda moved, seconded by Councilman Buerk to add a ,path- way leading to the City of Palos Verdes Estates that would accommodate bicyclists ana pedestrians. The motion carried unanimously. There being no response to the Mayor's call for public testimony, he then declared the hearing closed. Councilwoman Shaw moved to approve the design as amended and authorize staff to advertise for bids for the constructionof Clovercliff Park. The motion was seconded by Councilwoman Hein and carried unanimously. LANDSCAPE MAINTENANCE DISTRICT Notice having been given as required by NO. 2 - RESOL. NO. 78-36 law, Mayor Dyda declared the public hearing (901) open. The Director of PUblic Works presented the Engineer's Report (Exhibit "A") which stated that this report had been prepared pursuant to Resolution No. 78-27 of the City Council and in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972. The report described the plans and specifications for these improvements within Tract No. 31617 and costs of these improvements, and the assessment for each parcel within the maintenance district. Melvin Hughes, 28017 San Nicolas Drive, questioned the amount of the assessment on the individual homes. Councilwoman Shaw moved to correct the assessment listed on the Engineer's Report to $87.50 per parcel. The motion was seconded by Councilwoman Hein and carried unanimously. There being no response to the Mayor's call for further public testimony, he then declared the hearing closed. COUNCIL 866 JUNE 6, 1978 • RESOLUTION NO. 78-36 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDERING CERTAIN IMPROVEMENTS, ORDERING THE FORMATION OF A LANDSCAPING MAINTENANCE DISTRICT AND CONFIRMING THE DIAGRAM AND ASSESSMENTS THEREON. (LANDSCAPE AND OPEN SPACE MAINTENANCE DISTRICT NO. 2) was read by title and ADOPTED on motion of Council- man Buerk, seconded by Councilwoman Shaw. The motion carried unanimously. CEREMONIAL MATTER Mayor Dyda presented to Chuck Mandala a (304) commemorative resolution in appreciation for his commitment and civic dedication as a member of the City's Traffic Committee from November 18, 1975 to April 18, 1978. CITY'S HEIGHT ORDINANCE Mayor Dyda explained that this proposed (1801) amendment to the City's height ordinance had been defined by the subcommittee (Dyda/Shaw) and after Council adoption, would then go to the Planning Commission for the public hearing process. Council discussion then followed on how compatibility should be defined. The suggestion was made that a second story addition should be allowed only after it had been demonstrated that expansion on the lot size within the set backs had been exhausted. Councilman Buerk moved that Section 9113 B. 1, Subsection "c" be changed as follows: U. . , and/or house is designed in such a manner. . ." The motion was seconded by Councilwoman Hein. With the permission of the maker and second, Councilwoman Shaw requested that the motion be amended as follows: ". . and/or house is designed and situated in such a manner. . ." The amended motion carried unanimously. Mr. Pat Hanlon, 3139 Dianora, told the Council that he felt this height ordinance was not just a view ordinance, but was concerned about the compatibility aspect and recommended that this factor be provided in the ordinance. He distributed to the Council a letter dated May 2, 1978 from the Board of Directors of the Rancho Palos Verdes Council of Homeowners Association which voiced that group's opinion with regard to the modification of the height ordinance. This letter is on file with the City Clerk's office. Mr. Robert DeLossa, 2345 Sparta Drive, representing the .Eastview Heights Homeowners Association, told the Council of that group's action against a builder who was con- structing a split level house which violated their CC&Rs. He urged the Council to take compatibility into consideration when formulating this ordinance. Mr. Mel Hughes, Planning Commission Chairman, urged the Council to pass this proposed ordinance to the Planning Commission and suggested a joint work session if necessary. Councilman Buerk moved that the Subcommittee use the original criteria of compatibility and, with the help of the City Attorney, determine a definition for compatibility and report back to the Council. The motion was seconded by Councilwoman. Hein, but failed on the following roll call vote: AYES : BUERK & HEIN NOES: SHAW & MAYOR DYDA Councilwoman Hein's motion to table the matter died for lack of a second. RECESS: At 9:15 P.M. Mayor Dyda declared a brief recess. At 9:30 P.M. the meeting reconvened with the same members present. COUNCIL 867 JUNE 6, 1978 Council discussion continued on the definition of compatibility with Councilwoman Shaw making the motion that certain deletions be made to Part 4 of PROCEDURE so that section would read as follows: H. . . such conditions as they deem necessary to minimize view obstruction of the proposed structure." The motion was seconded by Mayor Dyda, but failed on the following roll call vote: AYES: SHAW AND MAYOR DYDA NOES: HEIN AND BUERK Councilwoman Hein moved that the Planning Commission: and the City Council meet for a work session with the City Attorney to discuss the language of this ordinance. The motion died for lack of a second. Mayor Dyda moved to refer this item back to the subcommittee without specific instructions, but with the subcommittee's knowledge of the discussion that took place at this meeting, that they meet with the City Attorney, and that a member of the Planning Commission and staff be present at the meeting. The motion was seconded by Councilwoman Shaw and carried unanimously. It was agreed that this meeting would take place at the.City Attorney's office at 3:00 P.M. on Friday, June 9 and would be open to the public. ANIMAL CONTROL Councilwoman Shaw referred to the May 16, 1978 (104) letter from the Los Angeles Society for the Prevention of Cruelty to Animals which contained rebuttals to charges made against that organization, and to the report from Orange County Supervisor Philip L. Anthony dealing with the subject of conversion to euthanasia by injection at the Orange County Animal Shelter. Mr. Skip Warner, 21 Pomegranate Road, told the Council that he has been an active member of several animal protective agencies and recently visited the SPCA Hawthorne facility. During that visit, he noted improvements in the conditions of the shelter but urged that they implement an active program for immunization, spaying and neutering, and discontinue use of the decompression chamber. Councilwoman Shaw said that she had visited the L. A. County Animal Shelter and the SPCA facility and listed the following areas as those that should be improved upon by the SPCA: public education for spaying and neutering of animals; use of the pentobarbital for euthanasia; publicity program for adoption of animals; immunization program; and, the institution of an active volunteer program for people to work at the shelter. She moved that the Council write a letter to the SPCA endorsing the implementation of such a volunteer program immediately. The motion was seconded by Councilwoman Hein and carried unanimously. LEGISLATION Councilwoman Shaw moved, seconded by (310) Councilman Buerk to support SB1445 which required reimbursement for funds expended on state mandated programs. The motion carried unanimously. Mayor Dyda moved, seconded by Councilman Buerk, to oppose AB2744 which would allow the formation of an agency shop for all management employees and department heads of city governments. The motion carried unanimously. Staff was directed to write a letter to legislators . endorsing the Council's position on each of these bills. POLITICAL ACTIVITY BY COUNCIL, Mayor Dyda requested that the City Attorney COMMITTEE & COMMISSION MEMBERS write an opinion regarding political activities (1202) of council, commission and committee members. This opinion was to clearly define that endorse- ment by any one individual should not be construed as the opinion or position of the entire organization. COUNCIL 868 JUNE 6, 1978 JOINT POWERS INSURANCE AUTHORITY Mayor Dyda reported on his attendance at the (902) board meeting for this organization. He told the Council that concerns which he had expressed earlier in the year regarding this agreement had been resolved to the City's satisfaction. Those concerns were: that the budget would be changed only on an annual basis: (2) formula - provide incentives for the larger claims: and (3) when the catastrophe fund has been built up to two million dollars, then funds in excess of premiums will be refunded or credited to the next year's premium. CALIFORNIA CONTRACT CITIES ASSOC. Mayor Dyda told the Council that at a meeting (306) of the California Contract Assoc. , Dave Hayward, Mayor of Redondo Beach, had been elected to the Southern California Rapid Transit District. Another topic of discussion at that meeting was the scope of authority of the Health Services Agency. A resolution dealing with this Agency will be forthcoming from the Association. AUDIENCE QUESITONS: LOW INCOME HOUSING LEGISLATION Mrs. Jeannette Mucha, 5538 Littlebow Rd. urged the Council to protest the deletion of the referendum provision from ACA47. Councilman Buerk moved to write a letter vigorously opposing the deletion of this referendum capability from low or moderate income housing legislation. The motion was seconded by Mayor Dyda and carried unanimously. CABLE T.V. Mr. Richard Young, representing TM Com- (605) munications, told the Council that his company was planning to implement the rate increase proposed in their letter of December 13, 1977. This rate change would be effective July 1, 1978. (At 10:30 P.M. City Attorney Coughlan left the meeting.) SELECTION OF LANDSCAPE Parks & Recreation Director Law presented ARCHITECT FOR PARK DEVELOPMENT the staff memorandum of May 11, 1978 which (1201) detailed the selection process followed by staff in the selection of a landscape architect. Al Rosenthal, Chairman of the Parks & Recreation Committee presented the Committee's memorandum of May 18, 1978 which, as a result of the extensive review process by the staff and the committee, recommended that all four project be awarded to the Peridian Group. Council commended the staff and the Committee for developing such an excellent selection process. Council discussion then followed regarding whether or not the same group should design all four parks; and the priority of their development. Since the City is currently negotiationg with the Federal Government for the purchase of the Nike Sites, the City Manager suggested that they be given top priority. With the permission of the second, Councilman Buerk moved, that in view of the City Manager's comments and the implications of the acquisition of the Nike Sites, that the Main Nike Site should be the first park to be developed and authorized staff to negotiate a contract for Phase "0" design of the Main Nike Site. The motion carried unanimously. COUNCIL 869 JUNE 6, 1978 ADJOURMENT At 11:05 P. M. Councilman Buerk moved, seconded by Councilwoman Hein, to adjourn the meeting to Wednesday, June 7, 1978 at 9:00 P.M. in Council Chambers. The motion carried unanimously. iii/�/ - MAYOR / LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL A 11 f• (i7, CE' A COUNCIL 870 JUNE 6, 1978