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CC MINS 19770802 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 2, 1977 The meeting was called to order at 7 : 45 P.M. by Mayor Pro Tem 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: SHAW, RUTH, BUERK & MAYOR PRO TEM DYDA ABSENT: MAYOR ROBERT RYAN Also present were City Attorney Patrick Coughlan, City Manager Leonard G. Wood, Administrative Assistant Trish E. Hanelin, Director of Planning Sharon W. Hightower, Director of Public Works Dennis J. Pikus , Admin- istrative Services Officer George Wunderlin, and Deputy City Clerk Mary Jo Lofthus. APPROVAL OF AGENDA On motion of Councilman Buerk, seconded by Councilwoman Shaw. the Agenda was approved, adding discussion of: Report on sales tax effort (Dyda) ; SCAG' s Housing and Economic Committee Report (Dyda) ; Report on Contract Cities Association Joint Agreement for Insurance (Dyda) ; and, setting a date for the public hearing on the Coastal Specific Plan (City Manager) . There being no objection, MAYOR DYDA SO ORDERED. WAIVER OF FULL READING OF Councilwoman Shaw moved, seconded ORDINANCES & RESOLUTIONS by Councilman Ruth, 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 councilmembers after the reading of the title, unless specific request was made at that time for the reading of such ordinance or resolution. CONSENT CALENDAR Councilman Buerk requested that Item No. 3 (Vacation of Dedicated Rights of Ingress and Egress from Lot #82, Tract No. , 2 5 3 7 6 to Crest Road) be removed from the Consent Calendar. On motion of Councilman Ruth, seconded by Councilwoman Shaw, the Consent Calendar was approved on the following roll call vote: AYES: SHAW, RUTH, BUERK & MAYOR DYDA NOES : NONE ABSENT: RYAN MINUTES Approved as presented the Minutes of the Regular Adjourned Meeting of June 9, 1977 . The minutes of the Regular Council Meeting of July 19 , 1977 were approved with a minor correction. REGISTER OF DEMANDS ADOPTED RESOL. NO. 77-55 OF THE RESOL. NO. 77-55 CITY COUNCIL OF THE CITY OF (1504) RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $338 ,472 .70, DEMAND NUMBERS 3733 THROUGH 3802 . ENVIRONMENTAL EXCISE TAX Denied the claims from Dayton - CLAIM FROM DAYTON REALTY Realty Company re Environmental (1501) Excise Tax. RELEASE OF BONDS FOR TENTATIVE Released bonds for tract numbers TRACTS 29986 , 29987 , 29988 , 30075 , 30106 , (1411) 30139 and 30225. # # # # # # 663 ITEM REMOVED FROM THE CONSENT CALENDAR: VACATION OF DEDICATED RIGHTS OF Councilman Buerk questioned the INGRESS & EGRESS FOR LOT #82 , plans for access to Crest Road TRACT NO. 25376 from the south side in view of (1408) :: the pending development of the S&S Construction Company tract. The Public Works Director responded that access will be located west of this road to which the City is gaining access, and a hearing for this matter is scheduled for the September 6, 1977 City Council Meeting. Upon motion of Mayor Dyda, seconded by Councilman Buerk, the proposed resolution was amended to include that a copy of this resolution be sent to the Miraleste Hills Homeowners Association and Crestmont Community Association. There being no objection, MAYOR DYDA SO ORDERED. Tim Burrell, 4038 Exultant Drive, told the Council that he was present to answer any of their questions regarding this vacation of rights. On motion of Councilman Ruth, seconded by Councilwoman Shaw, RESOL. NO. 77-56 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLAR- ING ITS INTENTION TO VACATE VEHICULAR ACCESS RIGHTS FOR LOT 82 OF TENTATIVE TRACT NO. 25376 was ADOPTED as amended. There being no objection, MAYOR DYDA SO ORDERED. PUBLIC HEARINGS: TENTATIVE TRACT NO. 32991 The Clerk having reported notice RESOL. NO. 77-57 given with evidence thereto on (1411) file, Mayor Dyda declared the public hearing open. Associate Planner Gary Weber presented the staff report of August 2 , 1977 which described this tract as a 145 acre site on which 57 detached . dwelling units would be built. The Planning Commission had reviewed this tentative tract map and recommended approval subject to the conditions of the proposed resolution and exhibit thereto. An Environmental Impact Report for this tract was finalized on December 27, 1976 . Council discussion followed wherein concern was expressed about the proposed private driveway located right off Palos Verdes Drive East and the potentially hazardous situation this presented. Additionally, Council discussed the design and construction of the intersection of Palos Verdes Drive South and East which would eventually be redesigned. Mr. Don Dawson, South Bay Engineering, representing the applicant, Western America Development Corporation, told the Council that originally the builder had expected to build 112 dwellings on this site, but due to the nature of the terrain that number had to be reduced to the 57 units • now proposed. In response to the Council ' s questions concerning the design of the intersection of Palos Verdes Drive South and East, Russ McGuire, South Bay Engineering, stated that the data to decide the design of the streets the City wanted was the subject of a special study and until the study was completed, finalization of the street design could not be accomplished. There being no response to the Mayor' s .icall for additional public testimony, Mayor Dyda declared the public hearing closed. Council discussed at length Section 16 of Exhibit "A" to the proposed resolution and as a result the following motions changing that section were made: Council 664 August 2, 1977 Councilman Ruth moved, seconded by Councilman Dyda to insert in the 6th line after the word "standards, " "Final street improvement plans to include street access designs acceptable to the City shall be sub- mitted to the Directors of Planning and Public Works for approval . " There being no objection, MAYOR DYDA SO ORDERED. Councilman Buerk moved, seconded by Councilman Ruth to add to the 3rd line after the word "improvements, " "including land which may ultimately be dedicated to the City. " There being no objection, MAYOR DYDA SO ORDERED. Councilwoman Shaw moved, seconded by Councilman Ruth to add at the end of Section 16 the following: "Developer shall also be required to dedicate to the City all necessary street rights-of-way necessary to implement the approved street standards . " There being no objection, MAYOR DYDA SO ORDERED. Since concern was expressed over the possible hazardous traffic conditions that would exist, Councilman Buerk moved, seconded by Councilwoman Shaw to add after the word "standards" in the 6th line the following: "including the redesign and reconstruction of the intersection of Palos Verdes Drive East and South. " There being no objection, MAYOR DYDA SO ORDERED. Based on re-evaluation of fair market value, the amount of the parkland dedication fee in Sect. 25 was changed from $8 ,805. 51 to $14 ,346. Councilwoman Shaw moved, seconded by Councilman Ruth to add Section 39 to Exhibit "A" of the proposed resolution: 39. Developer shall offer for dedication to the City those portions of the approved Tentative Tract No. 32991 which are identified as Areas 1 , 2 and 3 as defined in the staff report on August 2, 1977. There being no objection, MAYOR DYDA SO ORDERED. Upon motion of Councilwoman Shaw, seconded by Councilman Ruth, the following addition was made to Exhibit "A" : 40. Developer shall offer for dedication to the City that portion of Tentative Tract No. 32 991 which is identified as Lot "C" on the approved Tentative Tract Map. There being no objection, MAYOR DYDA SO ORDERED. Councilwoman Shaw moved, seconded by Councilman Ruth, to :.approve Tentative Tract No. 32991 subject to the conditions listed in Exhibit "A" as amended. There being no objection, MAYOR DYDA SO ORDERED. RESOLUTION NO. 77-57 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING TENTATIVE TRACT MAP NO. 32991 was introduced by title. Upon motion of Councilwoman Shaw, seconded by Councilman Buerk, RESOL. NO. 77-57 was ADOPTED as amended. There being no objection, MAYOR DYDA SO ORDERED. RECESS At 9: 50 P .M. Mayor Dyda called a brief recess . At 10 : 00 P.M. the meeting reconvened with the same members present. Council 665 August 2, 1977 L L 6 T ' Z : s nbny 999 T z oufOO •STm. oq. aTqeaa.Ibp SPM aq paq.PoTpuT PxUIeTPH '.114 •pagq-ruzzad qou SPM aOUPT.IIA auk oq. pieBa.I q4 M uoTgsanb uT SPM uoTUM x.IOM • TpbaT SPM goTgm puP SgTUiIad aq.PTJdoaddp a;aM aiagq. uoTgM ro3 x.zoM uzIO3Ied ATuo pTnoo quPTTadd' alp Tem. 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BuTmAup do buTql.nd aq 3ou pTnogs aq qpu. aoTp ou uo qnd aq pTnogs quPTTaddp eqp gpuq. paqpqs pets Aau.zoqqV AgTO aus 'a3UPT.IPn auq. uo aTn; A t SSaoau S4oa33a TPnSTA TTn3 au. aAT5 off. paJTnba.I SPM uoTpon.gsuoo .Iaggan3 gPin ;aTTeq sTU sLM qi •goaCotd sTq. go uoTqon.Igsuoo anuTquoo O STpT.Iagpul !IPSSaoau at gab oq. aTgpun SPM quaTTo sTU : t TTOUnop auk pTo: 'qu TTaddP au. JO; AauJoggy 'PxuIPTPH uuor •.Ia:q.pw STUB- anuTquoo o: qu TTaddp alp UIOt3 qSanbat P paATaoa.I ppq 'qTO auk VVuq. pagou .i0Ajp aus •uado buTXpaq oTTgnd ('08T) auk pa.IPToep PpJQ .IoAPW 'eT T J 'HO 3 TIVMVg00 6 t S 0£ :NOLLFI00'I uo ogaXam. aouapTna g4TM uanTB minx vNvIQ 's NIg23 :SNv'Irladav aoTgou paq..Iodax buTALt,; xEaTO au, tT 'ON aONvI2ivn The City Attorney opined that for the record the appellant had agreed that no work would be performed on any item requiring a variance. It being the consensus of the Council, Mayor Dyda ordered that the appellant was put on notice that he is not to conduct any additional construction whatsoever which required a variance and which was in violation of the Development Code for whatever reason until such time as the matter had been brought back to the City Council . Mr. Halamka stated that the work presently being performed was not in violation of the City codes. He stated that his client was building according to approved plans . Mayor Dyda reiterated that the appellant was on notice to cease and desist any activity that was in violation of the Development Code or work that would require a variance of any kind. TENTATIVE TRACT NO. 33034 The Clerk reported that notice RESOL. NO. 77-58 had been duly published with (1411) evidence thereto on file and that the City was in receipt of a petition signed by 147 residents of the City regarding this tract; additionally, the City had received a letter from Mr. John Alden, 30083 Avenida Tranquila and also a petition signed by 37 residents of the City. Associate Planner Gary Weber presented the staff report of August 2 , 1977 which described this subdivision as a 20 acre parcel on which the developer planned to build 11 detached single family dwelling units. The applicant/landowner of this project was Herbert Angel, and the project was located south of the termination of Calle de Suenos. The Planning Commission had reviewed this tentative tract map and recommended approval . Additionally, the Commission reviewed and approved the accompanying conditional use permit. An Environmental Impact Report for this tract was finalized on November 22 , 1976. Mr. Herbert Angel, 4373 Dauntless, stated that he had nothing to add to the report that had been presented. Speaking in opposition to the tract were the following residents of the area: Joseph Clifford, 30907 Rue de la Pierre; Joy L. Caswell, 30573 Camino Porvenir read a letter from Mr. & Mrs. James Forrest, 7085 Crest Road; Carol Portz , 30734 Rue de la Pierre; John Westen- haver, 30902 Rue de la Pierre; Bonnie Ambler, 30744 Rue de la Pierre; Matthew H. Portz , 30734 Rue de la Pierre; Mike Morin, 30728 Rue de la Pierre; Mr. Barr Ruston, 30009 Avenida Elegante; Hal Henbest, 7127 Crest Road and Mrs. Hal Henbest who read a letter prepared by Mr . John Alden, 30083 Avenida Tranquila; and Mrs. Lamb, 6817 Crest Road. These residents were concerned about the additional traffic that would result from this tract and also, concerns were voiced about the proposed pedestrian access. John McTaggart, Chairman of the Planning Commission, told the Council that the Commission had studied three possible extensions for this street but, considering the slope of the terrain, found that none were satisfactory from a safety standpoint. There being no response to the Mayor' s call for additional public testimony, the Mayor then declared the hearing closed. Councilman Ruth questioned whether or not these petitions represented the majority opinion of the residents of the area. Council discussion followed concerning setbacks for the houses that would face the golf course, possible emergency vehicle access across the golf course and a pedestrian access in the subdivision for children going to the nearby school . Council 667 August 2, 1977 Councilwoman Shaw moved, seconded by Councilman Ruth, to add Section 31 to Exhibit "A" of the proposed resolution: 31. That no vehicluar access will be permitted onto Lot 12 and that this be part of the CC&Rs. There being no objection, MAYOR DYDA SO ORDERED. Councilwoman Shaw moved, seconded by Councilman Buerk to add Section 32 to Exhibit "A" of the proposed resolution: 32. That a setback, to be determined by staff , be required for lots 1 through 5 which border the golf course. Such setback will be wide enough to create sufficient distance for safety from stray golf balls . Developer will be required to provide appropriate landscaping and fencing to provide maximum safety. There being no objection, MAYOR DYDA SO ORDERED. Councilman Buerk moved, seconded by Councilman Ruth to add Section 33 to Exhibit "A" of the proposed resolution: 33 . Developer will be required to improve subject emergency right-of-way through the golf course, subject to the City obtaining right-of-way. There being no objection, MAYOR DYDA SO ORDERED. Mayor Dyda moved, seconded by Councilwoman Shaw to add Section 34 to Exhibit "A" of the proposed resolution: 34 . Pathway reflected in CUP #24 shall be relocated at the request of the City to another location within the subdivision in the event of City's ability to obtain access in another location. The motion carried on the following roll call vote: AYES: SHAW, BUERK & DYDA NOES : RUTH ABSENT: RYAN Councilwoman Shaw then moved, seconded by Councilman Buerk to approve Tentative Tract No. 33034 with the attached Exhibit "A" . RESOLUTION NO. 77-58 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING TENTATIVE TRACT NO. 33034 was introduced by title. On motion of Councilwoman Shaw, seconded by Councilman Buerk, RESOL. NO. 77-58 with the attached Exhibit "A" was ADOPTED as amended. The motion carried on the following roll call vote: AYES : SHAW, RUTH, BUERK & MAYOR DYDA NOES: NONE ABSENT: RYAN There being no objection, MAYOR DYDA SO ORDERED. Councilman Buerk moved, seconded by Councilman Ruth, to act upon those items that were of an urgent nature and carryover the remaining items to the next Council Meeting. There being no objection, MAYOR DYda so ordered. Council 668 August 2, 1977 ORDINANCES - ADOPTION: ORDINANCE NO. 90 ORDINANCE NO. 90 OF THE CITY OF MISCELLANEOUS REVISIONS TO THE RANCHO PALOS VERDES MAKING DEVELOPMENT CODE MISCELLANEOUS REVISIONS TO THE (1801) TEXT OF THE DEVELOPMENT CODE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was read by title, first reading having taken place on July 19 , 1977. On motion of Councilman Buerk, seconded by Councilwoman Shaw and unanimously carried, ORDINANCE NO. 90 was ADOPTED. ORDINANCE NO. 91 ORDINANCE NO. 91 OF THE CITY MAINTENANCE OF PARKWAY OF RANCHO PALOS VERDES CONCERNING TREES THE MAINTENANCE, REMOVAL AND (14 0 7 x 1801) REPLACEMENT OF PARKWAY TREES, AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was introduced by title, first reading having taken place on July 19, 1977 . Upon motion of Councilman Buerk, seconded by Councilman Ruth, and unanimously carried, ORDINANCE NO. 91 was ADOPTED. ORDINANCE - FIRST READING: ORDINANCE NO. 92 ORDINANCE NO. 92 OF THE CITY REMOVAL OF PARKED OR OF RANCHO PALOS VERDES CONCERNING STANDING VEHICLES REMOVAL OF PARKED OR STANDING (1206 x 1502) VEHICLES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was passed to second reading on motion of Councilman Ruth, seconded by Councilwoman Shaw and unanimously carried. FURTHER AUDIENCE QUESTIONS: ANTENNA ORDINANCE Mel Hughes , 28017 San Nicolas Drive, urged the Council to set a date for the public hearing on the antenna ordinance. SITE PLAN REVIEW Continued to the Council Meeting LOCATION: SEACOVE of September 20, 1977 . APPLICANT: JACK B. WALL FREQUENCY OF COUNCIL Continued to the Council Meeting MEETINGS of August 16, 1977 . REPORT ON STREET STANDARDS Continued to Council Meeting of COMMITTEE MEETING August 16, 1977 . FIRE DEPT. COMMITTEE REPORT Mayor Dyda reported that the City is now awaiting a report from the consultant on this matter. GUALCO BILL Continued to the Council Meeting of August 16, 1977 . SALES TAX EFFORT Continued to the Council Meeting of August 16, 1977. SCAG' S HOUSING & Mayor Dyda urged the Council to ECONOMIC COMMITTEE REPORT read this recently published report from the Southern California Association of Governments since it impacted local control over land use and development. He requested that councilmembers present their ideas at the next Council Meeting. REPORT ON CONTRACT CITIES Continued to the Council Meeting JOINT AGREEMENT FOR INSURANCE of August 16, 1977 . Council 669 August 2, 1977 CANCELLATION OF COUNTY CONTRACT The City Manager presented the COVERING RECREATION SERVICES staff report of July 28 , 1977 (308 x 12 01) which outlined the reasons for cancellation of the City' s contract with the County of Los Angeles covering the services of Mary Thomas. Councilwoman Shaw moved to adopt the staff recommendation of cancelling the County Contract covering the services of Mary Thomas and hiring her as a City employee. The motion was seconded by Councilman Ruth and carried on the following roll call vote: AYES : SHAW, RUTH, BUERK & MAYOR DYDA NOES : NONE ABSENT: RYAN SALARY CONSIDERATION It was the consensus of FOR CITY EMPLOYEES Council that this matter should be considered at the work session set for August 8 , 1977 . DATE FOR PUBLIC HEARING It was the consensus of Council ON ANTENNA ORDINANCE that the date for this hearing should be considered at the work session set for August 8, 1977 . COASTAL SPECIFIC PLAN It was the consensus of Council that the date for this hearing should be considered at the work session of August 8 , 1977. ADJOURNMENT At 1 :40 A.M. Councilman Buerk moved, seconded by Mayor. Dyda, and unanimously carried, to adjourn to the work session of August 8 , 1977. I' / /4X-7 MAY• ' LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL 41111P AdIE&Li 11/ 0( C/0°F Council 670 August 2, 1977