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CC MINS 19770301 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 1, 1977 The meeting was called to order at 7:35 P.M. by Mayor Buerk 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: COUNCILMEN: Ruth, Ryan, Dyda and Buerk IIIABSENT: COUNCILMEN: None Also present were City Manager Leonard Wood, City Attorney Patrick Coughlan, Administrative Assistant Trish Hanelin, Director of Planning Sharon Hightower, Director of Public Works Dennis Pikus, Community Services Officer Tom Bandy, Administrative Services Officer George Wunderlin and Mary Jo Lofthus Deputy City Clerk. AUDIENCE QUESTIONS Mr. Frank Macak, 28066 Lobrook Drive, and Mr. Paul A. Broughton, 28060 Lobrook Drive, reported to the Council that two homes were under construction on Lobrook Drive and they appeared to be in violation of the code height limitation. They were also concerned about the rear yard setbacks of these two homes. The staff was instructed to investigate to see if there was any violation of the code. AGENDA APPROVAL On motion of Councilman Dyda, seconded by Councilman Ryan and carried, the Agenda was approved as amended, adding discussion of FAU funds for Palos Verdes Drive West. WAIVER OF FULL READING OF ORDINANCES Councilman Dyda moved, seconded by Councilman AND RESOLUTIONS Ruth, and carried, to waive further 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 council members after the reading of the title, unless specific request was made at that time for the reading of such ordinance or resolution. CONSENT CALENDAR Upon clarification of the location of the water system being approved under Item No. 3 of the Consent Calendar, Councilman Dyda moved, seconded by Councilman Ryan, and carried, to approve the Consent Calendar. MINUTES Approved,as presented, the minutes of the City Council Meeting of February 1, 1977. APPROVAL OF WATER SYSTEM - Approved water system, release of faithful TRACT MAP NO. 29300 performance bond and subdivision water (1402) system agreement, Form A3, Tract No. 29300. DAYTON REALTY CO. Denied claim of Dayton Realty Co. regarding ENVIRONMENTAL EXCISE TAX reimbursement of environmental excise tax. (1501) # # If # 590 RESOLUTION NO. 77-14 Adopted RESOLUTION NO. 77-14 - A RESOLUTION AMENDMENTS TO CEQA OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS (1203) VERDES REPEALING RESOLUTION NOS. 76-24, 74-28, 74-43 AND 75-104 AND ADOPTING PROCEDURES IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AS AMENDED IN 1976 AND THE GUIDE- LINES OF THE SECRETARY FOR THE RESOURCES AGENCY. BICENTENNIAL GLASSWARE Community Services Officer Bandy summarized (305) from his memorandum of February 22nd regarding the inventory of the Bicentennial glassware. Additionally, he outlined the three phases of the Bicentennial celebration: Heritage Festival, Historical Program and the Horizon Program. Council discussed a possible substitute committee for the dissolved Bicentennial Committee as concern was expressed as to whether or not the work of the Committee had been entirely accomplished. Suggestions were made to establish a committee that would encompass efforts for all of the cities on the Peninsula to provide funding so that the Horizon phase of the Bicentennial activities could be accomplished. John McTaggart, 6916 Purpleridge, stated that since no City funds were spent on the purchase of these glasses, returning them to the Bicentennial Committee for their use would be in keeping with what had been originally intended. He further stated that he felt the Committee had been prematurely disbanded since all of its intended goals had not been achieved. Mayor Buerk requested the staff to make recommendations to the Council on this matter, define the commitments under the Horizon program and determine rightful ownership of the glassware. VERDE RIDGE BARRIER Mr. John Gale, 6976 Verde Ridge Road, reported (1503) to the Council on the meeting that had taken place between the residents of the area and Councilmen Dyda and Ryan. He stated that it was the opinion of the residents and their unanimous request that the barriers, barrels and red lining be removed from the cul-de- sac. The residents requested the installation of stop signs and the posting of signs requesting motorists to use low gear. Also recommended was the installation of planters at several homes in the cul-de-sac by the residents. Councilman Ryan stated that one of the major considerations of the residents was that children were playing in and among the barrels. Councilman Dyda moved, seconded by Councilman Ryan, and carried, that the City install large signs that would be visible to motorists warning of steep hill and requiring the use of low gear. Councilman Dyda further moved that consideration be given to establishing stop signs at three locations: (1)Loeklenna on Verde Ridge; (2) downhill side of Kings Harbor at Verde Ridge; and (3) Kings Habor at Verde Ridge. It was his opinion that these locations may not meet the City's normal warrants for the installation of stop signs, but this was an extenuating circumstance and the stop signs should be installed whether or not the barrier was removed. Mayor Buerk recommended that these stop sign locations be reviewed by the Traffic Committee and suggested assigning a high priority to this matter. Councilman Ruth added that this review should be made before the barrier was removed. Councilman Dyda moved to modify his motion, with the consent of the second, to set the review of the stop signs, and treat the removal of the barrier as a separate issue later. Councilman Ryan asked the City Attorney if the City could be accused of maintaining an attractive nuisance, and would the installation of stop signs limit the City's liability. The City Attorney opined that there were two separate issues to be considered: first, whether the barrier should be maintained or removed: if the City Council decided that the baxrels have created a greater danger than what they had attempted to resolve, then they should order their removal. Secondly, the City has a duty to the motorist in the area to take reasonable steps to protect his safety. The very least that should be done would be to erect large warning signs in the hill. If the Council felt that the installation of the stop signs is an appropriate step to further protect the motorist then they should be installed: if Council determines that there should be a study made of the stop signs, then it could be accomplished that way. With regard to the barrels, however, if the Council finds that they have created a greater danger than what was at- tempted to be solved, then they should direct their removal. Council 591 March 1, 1977 Councilman Dyda stated that the Council in good conscience, based on the evidence avail- able at the time, installed this barrier because it appeared the best way to protect both residents and motorists. However, it has become apparent that although the initial intent mitigating the liability of the motorist and residents was achieved, this barrier has created something that was not foreseen at the time of installation, i.e. , imminent danger to children, and that his third recommendation was for the removal of the barrier. Mayor Buerk listed the three motions of the Council's subcommittee on this matter: 1. The installation of a warning sign; 2. Installation of stop signs; and 3. Removal of barrier. Mr. Fred Rampino, 6948 Verde Ridge, expressed his concern for his two children who played in the area of the barrels. Installation of Stop Sign: Mayor Buerk moved to amend the motion, seconded by Councilman Ruth, to have the Traffic Committee look at the situation and come up with a recommenda- tion for the City Council, at the next Council meeting on March 15, 1977. On roll call vote: AYES: Ruth, Ryan, Dyda and Buerk NOES: None ABSTAIN: None The Mayor reiterated the motion: Have the Traffic Committee develop a recommendation on three stop signs as defined by Councilman Dyda for the March 15 meeting. On roll call vote: AYES: Councilmen Ruth, Ryan, Dyda and Buerk NOES: None ABSENT: None Removal of Barrels and Barrier: Councilman Dyda moved, seconded by Councilman Ryan and carried, that in attempting to solve a problem, the City has created a greater hazard which was unknown at the time, and that the Council forthwith instruct the Public Works Director to remove those barrels, the barrier and repair the street in that vicinity to original standards. The Mayor requested the opinion of the City Attorney and the Public Works Director on the motion of Councilman Dyda. City Attorney Coughlan stated that in view of the findings included in Councilman Dyda's recommendation, the Council has done what it could to protect themselves against somebody suing, for not having left these barrels in position if there should be an accident. However, the City was back in the position of potential liability if a runaway vehicle hits a child, house or a pedestrian or a driver hitting a house and dies as a result. The Public Works Director stated that the funds from the County were unencumbered and could see no problem in removing the barrier. He was unable to estimate the cost of removing these barriers. The City Attorney stated that since some of the residents had already expressed a willing- ness to do something on their own property and what they could do is erect solid type barriers off the right-of-way, that would solve a major problem. The City could not spend funds on private property. The citizens have a duty to protect their own property and the construction of barriers behind the right-of-way would be very helpful. The City is doing the residents a favor and hopefully they would respond in equally good faith and attempt to take action themselves on their personal property. Mrs. Saumur, a resident of Verde Ridge, stated her concern for her children who also played among the barrels. Floyd Oye, 695 Verde Ridge Road, stated that it was not just the children who lived in the area who played around the barrels, but also children from other areas. The Mayor urged residents to attend the special Traffic Committee Meeting. Mr. John Gale of 6976 Verde Ridge, agreed to inform the residents of the date of the Committee meeting dealing with this barrier. Council 592 March 1, 1977 w i On roll call vote for the removal of the barrels. " AYES: Ruth, Ry an, Dyda and Buerk 3//r/77) NOES: None ABSENT: None STREET STANDARDS The Director of Public Works summarized his (1403) memorandum of February 22, to the City Manager which outlined the proposals received for the development of the Street Standards. Councilman Dyda moved, seconded by Councilman Ruth, and carried, that the Mayor be authorized to sign the agreement with Willdan Associates and allocate an additional $7,800 from the Gas Tax reserves for this project. On roll call vote: AYES: Ruth, Ryan, Dyda and Buerk NOES: None ABSENT: None 1976-77 SLURRY SEAL PROGRAM Councilman Ryan moved, seconded by Councilman (1405) Dyda, and carried, to approve the plans and specifications as presented and authorize the City Clerk to advertise for bids. There being no objection, the Mayor so ordered. PLANNING FEE STUDY Director Hightower summarized the Planning Fee (1203) study of March 1, as presented to the City Manager. Council, however, questioned the inclusion of the 20% administration charge, and Council- man Dyda moved, seconded by Councilman Ryan, and carried, to delete the 20% adminis- tration cost from the fee structure. Councilman Ryan moved, seconded by Mayor Buerk, and carried, to review this 20% and come back with a recommendation. Mayor Buerk moved, seconded by Councilman Ryan, and carried, that the City adopt for a trial period the policy of refunding appeal fees on successful appeals. The Mayor further commented that this should be limited to the stage of the appeal under discussion. There being no objection, the Mayor so ordered. It was the consensus of Council to continue the "user pay" philosophy, and staff was directed to prepare a resolution which would reflect the deletion of the 20% administra- tion cost and the refund of successful appeal fees for the suggested trial period. LETTER FROM SUPERVISOR SCHABARUM After Council discussion of the Community RE: COMMUNITY REDEVELOPMENT AGENCIES Redevelopment Agency, Councilman Dyda moved, (306) seconded by Councilman Ryan, and carried, to send a letter to our Legislative representa- tive, with a copy to all the supervisors, stating that the City of Rancho Palos Verdes takes the position that The Community Redevelopment Act be expunged from the books. PROTECTION OF ARCHEOLOGICAL Councilman Ryan suggested forming an archeo- RESOURCES (1203) logical committee to investigate the subject as outlined in the memorandum from the Chair- man of the Environmental Committee. Mayor Buerk asked the Committee to prepare a paper listing some alternatives, and there- upon moved, seconded by Councilman Ryan, and carried, that Council is gratified by the offer of support and assistance from the Environmental Committee, and suggested that in view of the fact that the staff does not have any resources to address this subject in this fiscal year, that the Environmental Committee, with possible assistance of other citizens, prepare a paper which outlines alternatives which the City has on this subject. Council 593 March 1, 1977 REGISTER OF DEMANDS On motion of Councilman Dyda, seconded by RESOLUTION NO. 77-13 Councilman Ruth, and carried, RESOLUTION (1504) NO. 77-13 - A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $454,751.74, DEMAND NUMBERS 3166 THROUGH 3211, was adopted. On roll call vote: AYES: Ruth, Ryan, Dyda, and Buerk NOES: None ABSENT: None SOUTH BAY CORRIDOR Mayor Buerk reported that there would be a (1505) meeting on March 2nd of the participants in the South Bay Corridor Study. COUNCIL MEETING AND WORK SESSION Council reviewed the proposed schedule of work CALENDAR FOR MARCH 1 THROUGH sessions and meetings to be held during the JULY 31, 1977 March 1, through July 31, 1977 period. These work sessions would include Planning Commission/ Parks and Recreation Committee and budget work sessions. All members agreed to meet on March 19th for a joint Council/Parks and Recreation work session. There being no objection, the Mayor so ordered. PLANNING COMMISSION RECOMMENDA- Director Hightower reviewed the staff response TION FOR COMMITTEE ON TRAIL to the Commission's suggestions which had been STANDARDS AND LOCATION (1203) presented at the previous council meeting. Planning Commissioner, Mel Hughes, 28017 San Nicolas, appeared at the request of the chairwoman of that committee to review the recommendations, reported that this was considered to be an emergency item and should not be allowed to slide, and recommended that instead of this matter being postponed, it be considered as an item for the Planning staff to work on, and that it be placed on next year's budget. After Council discussion on how to handle the development of a trail system, it was the consensus of opinion that the Planning Commission should work with citizens who wanted to participate in the program and possibly this could be worked into next year's budget. Councilman Ryan suggested that the Director of Planning investigate what kind of help was available to supplement the work of a citizen's program and report back to the Council on this at the next meeting. PALOS VERDES DRIVE WEST Councilman Dyda moved, seconded by Councilman FAU FUNDS O4/0 Ruth, and carried, not to accept the cash deposit bond from the County of Los Angeles, because the money was being held for invalid tract maps and the City did not recognize the validity of these maps, had no interest in this money, and recommended that it be returned to the developer. There being no objection, the Mayor so ordered. ADJOURNMENT At 11:42 P.M. , Councilman Dyda moved, seconded by Mayor Buerk, to adjourn the meeting.... 211-6.,X. 44, ..or iN'�� ► /// . o . / fEI/ Y do Council 594 March 1, 1977