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CC MINS 19770405 MINUTES RANCHO PALOS VERDES CITY COUNCIL Regular Meeting April 5, 1977 The meeting was called to order at 7:45 p.m. by Mayor Ryan 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, Buerk and Mayor Ryan ABSENT: COUNCILMEN: Dyda Also present were City Manager Leonard Wood, City Attorney Patrick Coughlan, Ad- ministrative Assistant Trish Hanelin, Director of Planning Sharon W. Hightower, Director of Public Works Dennis Pikus, Community Services Officer Tom Bandy, Ad- ministrative Services Officer George Wunderlin and Deputy City Clerk Mary Jo Lof thus. RESOLUTION NO. 77-19 - RESOLUTION NO. 77-19 was READ BY TITLE ONLY, DECLARING THE RESULTS with FURTHER READING WAIVED, on motion of OF THE SPECIAL ELECTION Councilman Ruth, seconded by Councilman Ryan and unanimously carried. CERTIFICATE OF ELECTION City Clerk Leonard G. Wood administered the AND ADMINISTRATION OF Oath of Office to newly elected Council- OATH OF OFFICE woman Ann Shaw. AUDIENCE QUESTIONS: CABLE TELEVISION Mrs. Ivar Gustafson, 3282 Paseo Del Mar, requested the Council to look into the mat- ter of providing Cable T.V. service to ap- proximately eight homes along her street. Mayor Ryan told Mrs. Gustafson that the Franchise Committee would be meeting with the Cable T.V. company to resolve the issue of the installation and the cost thereof. VERDE RIDGE Mr. John Gale, 6976 Verde Ridge Road, in- quired as to the status of the dismantl- ing of the barrier and barrels on Verde Ridge Road. The Director of Public Works stated that since the signs to be in- stalled were a special order, it would take an additional two weeks before they would be delivered. After their installation, the barrier and barrels would then be removed. GRADING OF NEW CONSTRUCTION Mr. John E. Halamka, attorney for Mr. Rein 0. Kuhr, gave the background on the work stoppage order that had been issued by the Planning Department because of an error on the part of the County Building and Safety Department. Mr. Halamka requested the Council to rescind this work stop- page order. The City Attorney advised Mr. Halamka to contact the Planning De- partment in order to secure approval for the additional grading. APPROVAL OF AGENDA On motion of Councilman Ruth, seconded by Councilwoman Shaw and unanimously carried, the agenda was approved as amended, adding discussion of a letter received from the Board of Supervisors of Los Angeles County asking for recommendations on budget cuts. City Manager Wood requested an Executive Session to discuss matters of litigation. City Attorney Coughlan requested that Item No. 3, Claim of Palos Verdes View Publications, Inc. , be removed from the Consent Calendar to be considered as a separate item. Consider- ation of the following was postponed to the next Council Meeting: City Crest; letter from LAFCO re County Service Area; South Bay Burglary Team; Status Report on Contract Cities Liability Insurance; Council assignments; and Use and Devel- opment of property located in an open space (O.H.) zone but not in an area of active landslide. 604 WAIVER OF FULL READING - Councilman Ruth moved, seconded by ORDINANCES AND RESOLUTIONS Councilwoman Shaw and carried unanimously 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 councilmembers after the reading of the title, unless specific request was made at that time for the reading of such ordinance or resolution. APPROVAL OF MINUTES On motion of Councilman Ruth, seconded by Councilman Buerk and carried unanimously, the minutes of the Council Meeting of March 15, 1977, Joint Work Session of Council and Parks and Recreation Committee held on March 19, 1977, and the Adjourned Regular Meeting of March 29, 1977 were approved as presented. CONSENT CALENDAR On motion of Councilwoman Shaw, seconded by Councilman Ruth, and carried unani- mously, the Consent Calendar as amended was approved. COMMUNITY RECREATION Approved the Recreation Services Agreement SERVICES AGREEMENT with the Palos Verdes Unified School (1201 x 1401) District. CETA TITLE II PROGRAM Approved the extension of the CETA Title (601) II program to September 30, 1977. SEWER AGREEMENT WITH Approved as amended the Sewer Agreement CITY OF PALOS VERDES ESTATES with the City of Palos Verdes Estates. (1402) UNDERGROUND UTILITY DISTRICT Approved RESOLUTION NO. 77-20 - A RESOLU- RESOLUTION NO. 77-20 TION OF THE CITY COUNCIL OF THE CITY OF (901) RANCHO PALOS VERDES SETTING THE TIME AND PLACE FOR A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT IN THE AREA ALONG AND ADJACENT HAWTHORNE BOULEVARD AND CERTAIN POLE LINE EASEMENTS. PERMIT TO ENTER PRIVATE PROPERTY Approved permit to enter private property (Palos Verdes Drive West Bikeway) in conjunction with Palos Verdes Drive (112) West Improvement Project. WHITEFOX DRIVE - Approved plans and specifications and PROJECT NO. 77-18 authorized City Clerk to advertise for (1404) bids. PALOS VERDES DRIVE EAST - Approved plans and specifications and PROJECT NO. 77-16 authorized City Clerk to advertise for (1404) bids. QUITCLAIM DEED FOR Authorized Mayor to sign Quitclaim deed CREST ROAD EASEMENT for easement on Old Crest Road. (Tentative Tract No. 32673) (1411) CLAIM OF PALOS VERDES City Attorney Patrick Coughlan informed VIEW PUBLICATIONS, INC. Council that the claim of Palos Verdes (303) View Publications, Inc. had been amended to include the provisions of their March 31, 1977 letter. Mr. John Schimmenti, 820 Paseo Lunado, Palos Verdes Estates, attorney for Palos Verdes View Publications, Inc. , appeared before the Council and outlined the liti- gation that has existed between the PALOS VERDES VIEW and the PALOS VERDES NEWS with regard to the adjudication of both newspapers. Mr. Schimmenti quoted sec- tions of the California Government Codes pertaining to newspaper adjudication, and inquired of the Council whether or not the City was going to publish in the PALOS VERDES VIEW. Council 605 April 5, 1977 The City Attorney opined that since the City may choose to publish in whatever newspaper of general circulation in the County it feels best meets the needs of the citizens, it was therefore still his recommendation that the Council reject both the claim and the amendment thereto to the person and property of Palos Verdes View Publications, Inc. , and authorize the City Attorney to defend the City, City Manager and Director of Planning with regard to this claim. On motion of Councilman Buerk, seconded by Councilman Ruth and carried unani- mously to reject the claim as amended by Palos Verdes View Publications, Inc. , and authorized the City Attorney to defend the City, City Manager and Director of Planning with regard to this claim. On roll call vote: AYES: COUNCILMEN: Ruth, Shaw, Buerk and Mayor Ryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dyda PUBLIC HEARINGS: PORTUGUESE BEND Mayor Ryan declared the public hearing open TRAFFIC ENFORCEMENT on the enforcement of the Vehicle Code on (1206 x 1502) streets in the Portuguese Bend area. The Director of Public Works reported that notices of this hearing had been sent to all property owners in the subject area, and that no written protests had been filed. The Director reviewed the staff recommendation as outlined in his memoran- dum of March 28, 1977 to the City Manager, wherein it was recommended that the City adopt the proposed resolution applying the provisions of the Vehicle Code to the subject streets. There being no response to the Mayor's call for protests or testimony, the hear- ing was declared closed. City Manager Wood introduced RESOLUTION NO. 77-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPLYING THE PROVISIONS OF THE VEHICLE CODE TO CLOVE TREE PLACE, NARCISSA DRIVE, CINNAMON LANE, FRUIT TREE ROAD, PLUM- TREE ROAD, SWEETBAY ROAD, FIGTREE ROAD, THYME PLACE, TANGERINE ROAD, LIMETREE ROAD, CHERRY HILL LANE, PEPPERTREE DRIVE, GINGER ROOT LANE AND POMEGRANATE ROAD by title. It was moved by Councilman Ruth, seconded by Councilwoman Shaw and unanimously carried to adopt RESOLUTION NO. 77-21. There being no objection, the Mayor so ordered. TENTATIVE TRACT NO. 31617 Mayor Ryan declared the hearing open re- (1411) garding the approval of this tentative tract. The Director of Planning stated that notice had been duly published with affidavit thereto on file. Associate Planner Gary Weber described the features of this tentative tract as outlined in the Director's memorandum of April 5, 1977 to the City Council. He further noted that the Planning Commission had written a memorandum dated March 7, 1977 to the Council recommending the approval of this tract. The Director of Planning cited the letter of March 30, 1977 from the Presley Company, the applicant in this matter, seeking relief from the park fee as re- quired by Condition 29 of this tentative tract. Mr. Joseph Perring, Project Coordinator for the Presley Company, stated that he was in general agreement with the staff recommendation with the exception of the denial of the park fee waiver. Mrs. Lee Belknap, 28866 Crestridge Road, requested that some consideration be given to equestrian trails. Councilman Buerk made a motion to remove the restriction with regard to eques_ - trian ttse �' The motion was seconded by Councilman Ruth and unanimously carried. After further discussion of the equestrian trails surrounding this tract, Councilman Buerk modified his motion, with the consent of the second, to add to Item No. 32, Exhibit "A" of this resolution "For animals to be kept on this property a permit must be obtained from the City." Council - 606 April 5, 1977 There being no objection, Mayor Ryan so ordered. In response to the Council's questions regarding sidewalks in this tract, Mr. Clark Leonard, from Lanco Engineering, representing the developer of this tract, stated that this tract was originally designed without sidewalks. Mr. Mel Hughes, 28017 San Nicolas Drive, Planning. Commission member, stated that this tract was located in a major vista area and part of the tract had a trail system that would provide pedestrian access to one of the major view corridors in the City and therefore it was the consensus of opinion of the Planning Commis- sion that sidewalks were required for the pedestrian traffic that would be generated. Since there was no response to the Mayor's request for further testimony, the Mayor declared the hearing closed. The Director of Planning recommended the addition of ". . .because grading has been minimized, public vistas protected, drainage adequately planned for, and other issues mitigated as discussed in the Environmental Impact Report." to Section 7 of the proposed resolution for the approval of this tentative tract map. Councilman Buerk moved that the amendment be added to the resolution. The motion was seconded by Councilwoman Shaw and unanimously carried. There being no objection, Mayor Ryan so ordered. City Manager Wood introduced RESOLUTION NO. 77-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING TENTATIVE TRACT MAP NO. 31617 by title. RESOLUTION NO. 77-22 was adopted on motion of Councilman Ruth, seconded by Councilman Buerk and unanimously carried. There being no objection, Mayor Ryan so ordered. JULY 4TH CELEBRATION COMMITTEE Mrs. Agnes Moss, Chairwoman of the 4th of (305) July Celebration Committee, reviewed the revised budget as outlined in her memoran- dum of March 29, 1977 to the Council. On motion of Councilman Buerk the budget as presented by the July 4th Celebration Committee was approved. The motion was seconded by Councilman Ruth and unani- mously carried. Councilman Ruth moved, seconded by Councilwoman Shaw and unanimously carried to authorize the City Manager to advance up to $2,301.00 to the July 4th Committee. On roll call vote: AYES: COUNCILMEN: Ruth, Shaw, Buerk and Mayor Ryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dyda RECESS At 9:25 p.m. Mayor Ryan declared a ten- minute recess. At 9:40 p.m. , the meeting reconvened with the same members present. APPEAL OF NEGATIVE DECLARATION The Director of Planning summarized the ap- APPLICANT: OMER TINGLE peal of this negative declaration as out- APPELLANT: FAY FOWLER lined in her memorandum of April 5, 1977 (1803) to the City Council. She further pointed out that this negative declaration was con- ducted in accordance with the new CEQA guidelines, effective January 1, 1977. Mayor Ryan advised the audience that this hearing was only to consider the EIR and explained the guidelines under which this hearing would be conducted. He requested that participants in this discussion confine their remarks to the negative declaration. Mrs. Fay Fowler, 6542 Oceancrest Drive, the appellant in this matter, cited the increased traffic and noise that would result from this project and requested the appeal of the negative declaration. Council 60 7 April 5, 1977 The following individuals spoke in opposition to the negative declaration: Linda Mack, Frances Marks and Kenneth Jarvis, all residents of Seagate Condominiums. They cited problems of increased traffic, noise and the inadequacy of some of the existing roads to handle the increased traffic. Applicant Omer Tingle, summarized the meetings that he had held with the residents of Seagate and the mitigating measures his firm had taken in order to reduce the impact this project would have in the area. Ms. Eunice Hargrove, representing South Bay Engineer, spoke in favor of the nega- tive declaration. Mr. Tim Burrell, 4038 Exultant Drive, spoke in favor of the new CEQA guidelines used in the consideration of this negative declaration. After Council discussion of this appeal, it was the consensus of opinion that an EIR was not required in this matter. Councilman Buerk moved that the appeal be denied. The motion was seconded by Councilman Ruth and unanimously carried. There being no objection, the Mayor so ordered. EARLY PLAN CHECK Director Hightower briefed the Council on CAYMAN DEVELOPMENT COMPANY the request of Cayman Development Company (505) as presented in her memorandum of March 30, 1977. After Council discussion of this request, the staff was directed to determine what impact this request would have on the work schedule of the City. FINAL TRACT MAP 32673 Director Hightower briefed the Council on (1412) the background and features of this Final Tract as outlined in her memorandum of April 5, 1977 to the City Council. She noted the request from the County of Los Angeles to waive the subdivision re- quiring pedestrian access to the golf course indicated in this tract. It was the feeling of the Council that the easement should be maintained by the City and should not be blocked or fenced. On motion of Councilwoman Shaw, Tentative Tract Map No. 32673 was approved per the findings set out in the March 24, 1977 letter from the County of Los Angeles, Department of County Engineer, with the requirement that the 10-foot easement as originally shown on this tentative map be maintained and that this easement not be blocked or fenced. The motion was seconded by Councilman Ruth and unanimously carried. There being no objection, Mayor Ryan so ordered. Councilman Ruth then moved to credit the builder with approximately $22,474.14 which sum represented the sum spent for park improvement. The motion was secon- ded by Councilwoman Shaw and carried unanimously. ENVIRONMENTAL EXCISE TAX Councilman Buerk moved, seconded by Council- (1501) man Ruth and unanimously carried that staff should review the amount of fees in lieu of land dedicated under the Quimby Act to make sure that they are up-to-date with regard to the present land values in the City and, also that the staff should review the amount of EIR tax that the City re- quires with the occupancy permit to see if this should be adjusted with the in- flation that has occurred over the last few years. There being no objection, Mayor Ryan so ordered. PROJECT NO. 77-17 The Director of Public Works reported on SLURRY SEAL the bids that had been received for this (1404) slurry seal program. The lowest bid re- ceived was from Chamber-Mix Concrete, Inc. for a total amount of $54,251.96. Council- woman Shaw moved that Project No. 77-17 be awarded to Chamber-Mix Concrete, Inc. and that all other bids be rejected. The motion was seconded by Councilman Ruth and unanimously carried. On roll call vote: Council 608 April 5, 1977 AYES: COUNCILMEN: Ruth, Shaw, Buerk and Mayor Ryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dyda PALOS VERDES COORDINATING Mayor Ryan stated that he would represent COUNCIL PUBLIC FORUM the City at the Coordinating Council's (306) public forum on April 27th. LETTER FROM THE LOS ANGELES Councilman Buerk reported that he had re- COUNTY BOARD OF SUPERVISORS ceived a letter from the Los Angeles (306) County Board of Supervisors requesting recommendations to reduce the County Budget. It was his opinion that a commit- tee should be designated to come up with recommendations for submittal to the supervisors. Councilmembers Buerk and Shaw volunteered for this committee. GANADO DRIVE TRAFFIC CONTROL Barry Kurtz, Traffic Engineer, summarized (1503) his report of March 18, 1977 to the City Manager. It was his recommendation that proper enforcement was the appropriate speed control measure for this intersection. Mr. Dave Diestel, Traffic Committee member, told the Council that the Committee had changed their recommendation as outlined in the Committee's letter of March 7, 1977 to the City Manager and the Committee feels that a three-way stop would be less hazardous than the proposed delineators. Mr. and Mrs. Jack Karp, 31115 Ganado, requested that the Council authorize the installation of some effective traffic control devise at this intersection. Mayor Ryan moved, that the staff prepare a resolution for the installation of a three-way stop sign at the intersection of Flower idge and Ganado Drive with the finding that although the traffic data does not indicate that the major source of accidents is beyond the intersection and the City is endeavor- ing to control the speed after traffic leaves the intersection of Floweridge and Ganado. The motion was seconded by Councilman Buerk and carried unanimously. The City Attorney opined that in installing this stop sign, the City was making an effort to mitigate the "slingshot" effect on vehicles as they travel through this intersection. REGISTER OF DEMANDS Administrative Services Officer Wunderlin RESOLUTION NO. 77-18 introduced RESOLUTION NO. 77-18 - A (1504) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,101,492.26, DEMAND NUMBERS 3267 AND 3269 THROUGH 3342 by title. On motion of Councilman Buerk, seconded by Councilman Ruth and unanimously carried, RESOLUTION NO. 77-18 was adopted. On roll call vote: AYES: COUNCILMEN: Ruth, Shaw, Buerk and Mayor Ryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dyda APPOINTMENT OF CHAIRMAN Mayor Ryan stated that Councilman Dyda TO PLANNING COMMISSION had requested that the name of John (1212) McTaggart be placed in nomination as chair- man to the Planning Commission and so moved. The motion was seconded by Councilwoman Shaw and carried unanimously. There being no objection, Mayor Ryan so ordered. 609 Council April 5, 1977 APPOINTMENT OF INTERIM City Attorney Coughlan advised the Council MEMBER TO PLANNING COMMISSION of the provisions of the Maddy Local (1212) Appointive Act which became effective January 1, 1977. Councilman Buerk moved that notice of the vacancy of the Planning Commission should be given to the DAILY BREEZE and the PALOS VERDES NEWS. The motion was seconded by Councilman Ruth. The motion failed on the following roll call vote: AYES: COUNCILMEN: Ruth and Buerk NOES: COUNCILMEN: Shaw and Mayor Ryan ABSENT: COUNCILMEN: Dyda Council then proceeded to discuss whether or not an emergency existed on the Planning Commission and if an interim appointment should be made to fill the ex- isting vacancy. Councilwoman Shaw moved that since the Planning Commission was meeting to con- sider the draft of the Coastal Specific Plan and several amendments to important ordinances, both of which would take place before the next regular meeting, it was important to have a fifth member on the Planning Commission. The motion was seconded by Councilman Ruth. On roll call vote: AYES: COUNCILMEN: Ruth, Shaw and Mayor Ryan NOES: COUNCILMEN: Buerk ABSENT: COUNCILMEN: Dyda Councilwoman Shaw moved to nominate Jackie Bacharach to fill the vacancy on the Planning Commission. The motion was seconded by Mayor Ryan and carried on the following roll call vote: AYES: COUNCILMEN: Ruth, Shaw and Mayor Ryan NOES: COUNCILMEN: Buerk ABSENT: COUNCILMEN: Dyda Councilman Buerk stated that he did not object to Mrs. Bacharach personally for this office but, as he had expressed earlier in the meeting, felt that the pro- cedure and the way this appointment was made was objectionable. CITY SELECTION COMMITTEE RESOLUTION NO. 77-23 - A RESOLUTION OF THE (306) CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPOINTING A MEMBER AND ALTERNATE MEMBER OF SAID COUNCIL OF SAID CITY TO THE CITY SELECTION COMMITTEE PURSUANT TO PART 3 OF DIVISION 10 OF THE PUBLIC UTILITIES CODE. was introduced by title. Mayor Ryan moved, seconded by Councilman Ruth and unanimously carried to adopt RESOLUTION NO. 77-23. There being no objection, Mayor Ryan so ordered. COUNCIL ORGANIZATIONAL Council discussed Council representation ASSIGNMENTS to organizations outside the City and Mayor (306) Ryan moved, seconded by Councilman Ruth and carried that the Mayor be the designated representative to the Committee of Mayors, League of California Cities, and Sanitation District, with Mayor Pro Tempore Dyda designated as the alternate for the two latter organizations. Mayor Ryan moved, seconded by Councilman Buerk that Councilman Ruth be nominated as the Council's representative to the Flood Control District. Consideration of representation to SCAG and South Bay Corridor Study were delayed until the next Council meeting. STATUS REPORT ON THE Councilman Buerk reported on the progress MIRALESTE FIRE STATION of the building of the Miraleste Fire (603) Station and described the deed restrictions Council 610 April 5, 1977 of the Palos Verdes Homes Association on land adjacent to the fire station. Councilman Buerk then moved that the Council authorize the City Attorney to con- demn the rights of the Palos Verdes Homes Association to the additional land which was needed to expand the fire station in Miraleste. The motion was seconded by Mayor Ryan and carried on the following roll call vote: AYES: COUNCILMEN: Ruth, Shaw, Buerk and Mayor Ryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dyda Mr. Thomas Stolpman, 4321 Miraleste Drive, representing the Miraleste Homeowners Association, stated that he was concerned about the type of building that the County would erect for fire station and requested the support of the Council in seeing that the County complied with the architectural and environmental aspects of the neighborhood. ANTENNA ORDINANCE It was the consensus of opinion that the (1203) Council should forward their comments on the antenna ordinance to the Planning Commission by at least next Tuesday and not bring it back before the Council before it goes to the Planning Commission for public hearing. SOUTH BAY COUNTY Mayor Ryan reported that enough signatures (310) had been secured on the petition to place the issue of the six-city South Bay County seccession on next year's ballot and, in view of that, he felt that the City should not be funding a competitive movement of the South Bay Cities Association. Mayor Ryan then moved that the City back off the study and commit funds to South Bay Cities County Study: table the authorization for any expenditure regarding any county study, and return the money to unappropriated reserves. The motion was seconded by Councilman Ruth and carried on the following roll call vote: AYES: COUNCILMEN: Ruth, Shaw and Mayor Ryan NOES: COUNCILMEN: Buerk ABSENT: COUNCILMEN: Dyda HOUSES ON LOBROOK DRIVE City Manager Wood summarized the findings (1203) of the Director of Planning as outlined in her memorandum of March 30, 1977. Mr. George Shaw, 28101 Lobrook Drive, questioned the method by which these houses were measured. Mr. Frank Macak, 28066 Lobrook Drive, also questioned the method used in measur- ing the height of the two homes on Lobrook Drive. Mayor Ryan stated that he would contact Mr. Macak regarding this matter. PUBLIC HEARING ON Councilman Ruth moved that a letter be COASTAL SPECIFIC PLAN sent to the Goals Committee to urge resi- (701) dents to attend the public hearings on the Coastal Specific Plan. The motion was seconded by Councilwoman Shaw and unani- mously carried. RECESS TO EXECUTIVE SESSION At 1:25 a.m. Councilman Buerk moved, seconded by Councilman Ruth, and carried to adjourn to Executive Session to dis- cuss matters of litigation. Council reconvened at 2:15 a.m. with no action. Council 611 April 5, 1977 ADJOURNMENT At 2:17 a.m. , on motion of Councilman Buerk, seconded by Councilman Ruth, and carried, the meeting was adjourned. MAYOR LEONARD G. WOOD, City Clerk and Ex Officio Clerk of the Council 1 ,44 By /d/ ,_p _ % -p Council 612 April 5, 1977