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CC MINS 19780705 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 5, 1978 The meeting was called to order at 7:39 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, SHAW, HEIN & MAYOR DYDA LATE ARRIVAL: BUERK @ 10:05 P.M. Also present were City Attorney Patrick Coughlan, City Manager Leonard G. Wood, Direc- tor of Planning Sharon Hightower, Community Services Officer Tom Bandy, Administra- tive Services Officer George Wunderlin and Deputy City Clerk Mary Jo Lofthus. APPROVAL OF AGENDA After deletion of No. 5 (Antenna Subcommittee report) , and addition of Subcommittee Report on SCAG (Hein) ; Limiting Debate on Items (Ryan) ; and City Policies (Dyda) the amended Agenda was approved on motion of Councilwoman Shaw, seconded by Councilman Ryan. The motion carried unanimously. WAIVER OF FULL READING OF Councilman Ryan moved, seconded by Council- ORDINANCES AND RESOLUTIONS woman Shaw, 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 mem- bers of Council after the reading of the title, unless specific request was made at the time for the reading of such ordinance or resolution. The motion carried unanimously. ORDINANCE NO. 100 City Manager Wood explained that due to CABLE TELEVISION FRANCHISE changes made in this ordinance at the last (605) meeting and because of the insertion of codi- fication, it was the City Attorney's opinion that this ordinance should be re-introduced for first reading. ORDINANCE NO. 100 OF THE CITY OF RANCHO PALOS VERDES PROVIDING TERMS AND CONDITIONS TO BE INCLUDED IN CABLE TELEVISION SYSTEM FRANCHISES HEREINAFTER GRANTED BY THE CITY OF RANCHO PALOS VERDES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was read by title. Councilman Ryan moved to waive further reading and pass to a second reading. The motion was seconded by Councilwoman Hein and carried unanimously. HEIGHT ORDINANCE Mayor Dyda stated that this amendment to the (1801) height ordinance was brought back to Council because concern had been expressed regarding compatibility. Council then discussed other approaches to additions rather than the use of second stories. The suggestion was made that perhaps staff could develop a questionnaire so that applicants would give more consideration to setback variances rather than second story additions. Some members of Council expressed concern that this type of addition would encroach upon the privacy of surrounding residents. Councilwoman Shaw moved, seconded by Mayor Dyda to send the height ordinance, as revised, to the Planning Commission for the proper hearing procedure. Councilman Ryan moved, seconded by Councilwoman Hein to amend the motion by requesting the Planning Commission to look at whether or not the City is essentially forcing applicants into second story configuration and could a mechanisism be considered to encourage (not require) single story dwellings . The amendment failed on the following roll call vote: AYES: RYAN AND HEIN NOES: SHAW & DYDA ABSENT: BUERK 891 The main motion carried on the following roll call vote: AYES: RYAN, SHAW & MAYOR DYDA NOES: HEIN ABSENT: BUERK PLANNING COMMISSION REQUEST TO Director Hightower presented the staff mem- MEET WITH CITY ATTORNEY orandum of July 5, 1978 expressing the (1203) Planning Commission's request to meet with the City Attorney to discuss various matters. Councilman Ryan moved, seconded by Councilwoman Shaw to authorize the City Attorney to meet with the Planning Commission. The motion carried unanimously. PUBLIC HEARING: The Clerk having reported notice given, ORDINANCE NO. 99 Mayor Dyda declared the public hearing open. FIRE PROTECTION (603) City Manager Wood reported that this ordi- nance had been brought before the Council for first reading on June 7, 1978 and was now before the Council for adoption. There being no response to the Mayor's call for public testimony, he then declared the hearing closed. ORDINANCE NO. 99 OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE PURSUANT TO SECTION 50022.2 OF THE GOVERNMENT CODE, THE FIRE CODE OF THE COUNTY OF LOS ANGELES, BEING ORDINANCE NO. 2947 AS AMENDED BY ORDINANCE NO. 11,556 ADOPTING WITH AMENDMENTS THE UNIFORM FIRE CODE OF THE WESTERN FIRE CHIEFS ASSOCIATION AND THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was read by title. Councilman Ryan moved, seconded by Councilwoman Shaw to ADOPT ORDINANCE NO. 99. The motion carried on the following roll call vote: AYES: RYAN, SHAW, HEIN & MAYOR DYDA NOES: NONE ABSENT: BUERK CITY LOGO Mayor Dyda summarized the recommendations (3 06) of the Logo subcommittee. Those recommenda- tions included the development of a Logo Usage Manual which would contain written guidelines; color standards; samples of each different type of logo application; master logos on film; master Rancho Palos Verdes alphabet on film; rub-on logos in a variety of sizes; and, a logo usage man- ual to be used by the City's clerical staff. For the implementation of Phase III of the logo design, Mayor Dyda moved to authorize a sum not to exceed $3,000 plus sales tax. The motion was seconded by Councilwoman Shaw. Discussion then followed on the cost of this implementation and the suggestion was made to delay consideration until consideration of the budget. The motion failed on the following roll call vote: AYES: SHAW & MAYOR DYDA NOES: RYAN & HEIN ABSENT: BUERK Mayor Dyda moved, seconded by Councilman Ryan, to include this matter in budget dis- cussions. The motion carried on the following roll call vote: AYES: RYAN, SHAW, HEIN & MAYOR DYDA NOES: NONE ABSENT: BUERK 892 Council Meeting 7/5/78 LEGISLATION Councilwoman Shaw reported on this proposed SB 1757 bill which provided for a fixed period of (306) time in which rate changes for CATV would be approved. It was the consensus of Council that this Bill attempted to take away control of rates from local governments. Councilwoman Shaw moved that the Council oppose SB 1757. The motion was seconded by Councilman Ryan and carried on the following roll call vote: AYES: RYAN, SHAW, HEIN & MAYOR DYDA NOES: NONE ABSENT: BUERK SCAG HOUSING MODEL Councilwoman Hein reported on the Draft SCAG (306 x 1203) 78 Growth Forecast Policy and said that it was the recommendation of the subcommittee that the City go on record as supporting the Dispersed Growth Forecast as the basis for guiding decisions regarding future growth in the SCAG region and so moved. The motion was seconded by Councilman Ryan and carried on the following roll call vote: AYES: RYAN, SHAW, HEIN & MAYOR DYDA NOES: NONE ABSENT: BUERK COUNCIL MEETINGS - Councilman Ryan suggested the formation of LIMITING DEBATE a Council subcommittee to look into the (307) matter of limiting debate time on agenda items, also to have staff research what other cities are doing to limit debate time. Additionally, he suggested that if an item takes a long time, then perhaps it should be continued until later in the meeting so that other matters can be heard. The suggestion was made that subcommittee re- ports be presented to councilmembers prior to meetings. CITY POLICIES Interpretation of Policies: Mayor Dyda com- (310) mented that he would like to have a City policy whereby questionnaires from other governmental bodies that come to the City should be routed to the appropriate Council subcommittee and if there is none, then to the Mayor and perhaps the Council for their response. After a brief discussion what the kinds of questionnaires that should be forwarded to Council, Mayor Dyda moved that any questionnaire requiring interpretation of City Policy that comes from another governmental body be routed to the proper subcommittee and if none, to the Mayor for possible referral to the Council for appropriate re- sponse. The motion was seconded by Councilman Ryan and carried on the following roll call vote: AYES: RYAN, SHAW, HEIN & MAYOR DYDA NOES: NONE 111 ABSENT: BUERK Expenditure of Funds Mayor Dyda commented that except for items appearing in the budget that all other appro- priation of funds be made on a not to exceed basis and that when the project is about 80% completed, a review should be made to see if additional funds are required. If additional funding is necessary, then that matter should be brought before Council. The Mayor so moved, with seconding by Councilwoman Hein. The motion carried on the following roll call vote: AYES: RYAN, SHAW, HEIN & MAYOR DYDA NOES: NONE ABSENT: BUERK Subcommittee Reports Mayor Dyda moved, seconded by Councilwoman Shaw, that whenever subcommittee reports require action, those reports should be submitted with the regular agenda package. Council Meeting 893 7/5/78 The motion carried on the following roll call vote: AYES: RYAN, SHAW, HEIN & MAYOR DYDA NOES: NONE ABSENT: BUERK RECESS: At 9:07 P.M. Mayor Dyda declared a brief recess. At 9:15 P.M. the meeting reconvened with the same members present. VARIANCE NO. 29 Director Hightower summarized the staff (1804) report of July 5, 1978. Mr. Jon Hachikian, the appellant, told the Council that when he moved into the house there already existed a 6 ft. chain link fence and the wall he build was simply replacing that one. He distributed to the Council pictures of this block wall. Additionally he presented a petition signed by residents of the immediate area supporting his appeal. That petition is on file with the City Clerk's office. Mrs. Hachikian told the Council that this wall was necessary to preserve their privacy and safety since that intersection was subject to heavy traffic and objects were frequently thrown over the wall. Also speaking in favor of granting this appeal were the following residents of the area: Mr. Ed Bedrosian, 30503 Cartier; Dominic Gargano, 1701 Granvia Altamira and Mr. Don Davis, 28836 Leah Circle. Planning Commissioner Harvey Brown, 29394 Beachside, told the Council that the Com- mission found that the height of this wall was a clear violation of the Development Code, and that the Commission was unable to make all of the necessary findings. The Mayor noted that no new evidence had been presented and there was no evidence of administrative error. Council discussion followed regarding what was allowed by the County; the present configuration of the wall and the notification served on the appellants by the City. Councilman Ryan moved to grant this variance due to the following extraordinary cir- cumstances applicable to this property: heavy traffic in the area; location of the home on a corner lot; and, because of its proximity to a popular convenience store. These circumstances distinguished this residence from a vast number of other resid- : dences in the City and therefore this finding could be made. The motion was sec- onded by Councilwoman Hein and carried on the following roll call vote: AYES: RYAN, SHAW, HEIN & MAYOR DYDA NOES: NONE ABSENT: BUERK Councilman Ryan moved that this variance was necessary to provide the same degree of protection and privacy afforded the vast majority of residents in the City who could enjoy these things without the necessity of a wall. The motion was seconded by Councilwoman Hein and carried on the following roll call vote: At 10:05 P.M. Councilman Buerk arrived. AYES: RYAN, SHAW, HEIN & MAYOR DYDA NOES: NONE ABSTAIN: BUERK Councilman Ryan moved to grant this variance because it would not be materially detrimental to the public welfare or injurious to property and improvements in the area: because this variance was desired by the vast majority of .-residents in the area, and because there was no detriment to the traffic and public welfare because of the configuration of the stop signs. The motion was seconded by Councilwoman Hein, but failed on the folloiwng roll call vote: AYES: RYAN NOES: SHAW, HEIN & MAYOR DYDA ABSTAIN: BUERK 894 7/5/78 Council Meetin Councilwoman Shaw moved, seconded by Councilman Ryan that the granting of this var- iance would not be materially detrimental to the public welfare or injurious to property and improvements in the area inasmuch as the presence of a four-way stop sign on the corner of Monero and Granvia Altamira made sight distance sufficient for safety. The motion failed on the following roll call vote: AYES: SHAW & RYAN NOES: HEIN & MAYOR DYDA ABSTAIN: BUERK RECESS: At 10:28 P.M. Mayor Dyda called a brief recess. At 10:34 P.M. the meeting recon- vened with the same members present. Councilwoman Shaw moved, seconded by Councilwoman Hein , that granting this variance with the condition that the street striping and the placement of the four-way stop signs not be changed, would not be materially detrimental to the public wel- fare or injurious to property and improvements in the area. The motion carried on the following roll call vote: AYES: RYAN, SHAW & HEIN NOES: MAYOR DYDA ABSTAIN: BUERK Councilman Ryan moved that the granting of this variance would not be contrary to the objectives of the General Plan. The motion was seconded by Councilwoman Shaw and carried on the following roll call vote: AYES RYAN, SHAW, HEIN & MAYOR DYDA NOES: NONE ABSTAIN: BUERK Councilman Ryan moved to grant the appeal. The motion was seconded by Councilwoman Hein and carried on the following roll call vote: AYES: RYAN, SHAW, HEIN NOES: MAYOR DYDA ABSTAIN: BUERK ANNUAL TEMPORARY SIGN PROGRAM Director Hightower summarized the staff re- (1801) port of July 5, 1978. This report outlined the Council's request to staff and what the Code presently provided for regarding temporary signs in commercial districts. Council expressed concern about possibly over-regulating the types of signs used internally in the shopping center and the suggestion was made that perhaps this is one ordinance that should be reviewed by the Council subcommittee on Development Code revisions. (Councilwoman Shaw commented that the subcommittee had a list of ordinances to be considered for revision and perhaps the sign ordinance could be added to that list.) It was the consensus of Council to send a letter to the merchants association asking them to identify their annual plan insofar as signs are concerned and also, that this letter should indicate the City's willingness to cooperate with them in this matter. LIGHTING DISTRICTS City Manager Wood briefed the Council on (1405) the June 28, 1978 letter received from the County of Los Angeles Road Department con- cerning the reduced revenues for the lighting districts within the City. Additionally, the County was requesting support for the passage of a resolution requesting the PUC waive the facilities charge of three dollars per light per month for lights not in use. Councilman Buerk moved that the City send a letter to the Board of Supervisors re- questing that they review the lighting standards; that funding of the lighting dis- tricts be made from the special districts proportional share of the property tax Council Meeting 7/5/78 895 funds which the County has received; and, if necessary, the County should make up the funds from the State funds which the County received from the General Fund. Also, this letter should state opposition to any user fees for lighting district services. The motion was seconded by Councilwoman Hein and carried unanimously. Councilman Buerk moved to support the County Board of Supervisors in requesting the PUC to waive the $3 facilities charge for non-burning lights. The motion was seconded by Councilwoman Hein and carried unanimously. # # # # # CONSENT CALENDAR After removal of the minutes of June 20, 1978, the Consent Calendar was approved as follows on motion of Councilman Ryan, seconded by Councilman Buerk. MINUTES Approved as presented the minutes of June 13, 19, and 27, 1978. RESOLUTION NO. 78-46 ADOPTED RESOLUTION NO. 78-46 OF THE CITY REGISTER OF DEMANDS COUNCIL OF THE CITY OF RANCHO PALOS VERDES (1504) ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $380,110.14, DEMAND NUMBERS 5065 THROUGH 5107. RESOLUTION NO. 78-47 ADOPTED RESOLUTION NO. 78-47 OF THE CITY APPROVING SUPPLEMENT COUNCIL OF THE CITY OF RANCHO PALOS VERDES NO. - FAU APPROVING SUPPLEMENT NO. 1 TO LOCAL AGENCY (601 x 1404) STATE AGREEMENT NO. 07-5413. The motion carried on the following roll call vote: AYES: RYAN, BUERK, SHAW, HEIN & MAYOR DYDA NOES: NONE MINUTES OF JUNE 20, 1978 Councilwoman Hein requested clarification of the maker of motion dealing with Section24 •oftth&Franchise ordinance. On motion of Councilwoman Shaw, seconded by Councilman Ryan, the minutes of June 20, 1978 were approved pending clarification of the maker of the referred to motion. The motion carried unanimously. # # # # # Coastal Plan Work Session Councilman Buerk moved, seconded by Coun- cilwoman Shaw, to set July 13, 1978 at 7:30 P.M. as the time for Council to hold a work session on the Coastal Specific Plan. The motion carried unanimously. ADJOURNMENT: Councilman Buerk moved, seconded by Council- woman Shaw to adjourn the meeting to July 11, 1978 at 7:30 P.M. for a budget work session. The motion carried unanimously. MAYO LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL 1PO AOri6 ,/ 1/101 fPf� Coundil Meeting 896 7/5/78