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CC MINS 19770816 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 16 , 1977 The meeting was called to order at 7:40 p.m. by Mayor Robert E. 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: RUTH, BUERK, DYDA AND MAYOR RYAN ABSENT: SHAW Also present were Assistant City Attorney Steve Dorsey, City Manager Leonard G. Wood, Administrative Assistant Trish Hanelin, Director of Planning Sharon W. Hightower, Director of Public Works Dennis J. Pikus, Administrative Services Officer George Wunderlin, and Deputy City Clerk Mary Jo Lofthus. APPROVAL OF AGENDA On motion of Councilman Dyda, seconded by Councilman Ruth, the Agenda was approved, adding discussion of: report on meeting re- garding SCAG's housing and economic committee report; parking in Abalone Cove; and, letter from the City of Rolling Hills Estates regarding the Highridge Bike Path. There being no objection, MAYOR RYAN SO ORDERED. WAIVER OF FULL READING OF Councilman Dyda moved, seconded by Council- ORDINANCES AND RESOLUTIONS man 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 Council requested the removal of Item No. 1 (Register of Demands) and Item No. 6 (Accept- ance of work - Palos Verdes Drive East) from the Consent Calendar. On motion of Councilman Ruth, seconded by Councilman Dyda, the Consent Calendar was approved as follows: MINUTES Approved as presented the minutes of the Council Meeting of August 2, 1977. RESOLUTION NO. 77-60 - ADOPTED RESOLUTION NO. 77-60 OF THE CITY COUNCIL FIXING TAX RATES FOR PARK & REC. OF THE CITY OF RANCHO PALOS VERDES FIXING TAX DISTRICTS RATES FOR AND LEVYING RECREATION AND PARK DIS- (1201 x 1501) TRICT TAXES UPON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS FOR THE FISCAL YEAR 1977-78. RESOLUITON NO. 77-61 - ESTABLISH- ADOPTED RESOLUTION NO. 77-61 OF THE CITY COUNCIL ING SPEED LIMITS ON CERTAIN CITY OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING STREETS SPEED LIMITS ON VARIOUS STREETS WITHIN THE CITY. (1502) TENTATIVE TRACT NO. 32614 Approved a six month extension of Tentative (1411) Tract Map No. 32614. CASH CONTRACT NO. 1564X Accepted work and authorized payment for Cash (SLURRY SEAL PROJECT) Contract No. 1-64X (slurry seal of various (1404) streets within the city). TRACT NO. 29300 Accepted street improvements and release of RELEASE OF BONDS Bond No. 940863, issued by General Insurance (1411) Company of America in the amount of $8,600. 673 HIGHWAY NEEDS REPORT Approved forwarding report to Caltrans. (1403) ITEMS REMOVED FROM THE CONSENT CALENDAR: REGISTER OF DEMANDS ADOPTED RESOLUTION NO. 77-59 OF THE CITY COUNCIL RESOLUTION NO. 77-59 OF THE CITY OF RANCHO PALOS VERDES ALLOWING (1504) CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $123,215.16, DEMAND NUMBERS 3741 THROUGH 3743, AND 3806 THROUGH 3871. ACCEPTANCE OF WORK ON Council voiced concern about the broken strip- CASH CONTRACT NO. 1874 ing that had just been painted in along Palos (1404) Verdes Drive East. The Director of Public Works stated that this striping was less expensive and was done upon the recommendation of a traffic safety engineer after his survey of the area. On motion of Councilman Dyda, seconded by Councilman Ruth, work for Cash Contract No. 1874-1573X was accepted and payment of $39,997.02 to All American Asphalt was authorized. There being no objection, MAYOR RYAN SO ORDERED. ORDINANCE - ADOPTION: ORDINANCE NO. 92 ADOPTED ORDINANCE NO. 92 OF THE CITY REMOVAL OF PARKED VEHICLES OF RANCHO PALOS VERDES CONCERNING (1206 x 1503) REMOVAL OF PARKED OR STANDING VEHICLES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was introduced by title , first reading having taken place on August 2 , 1977 . On motion of Councilman Ruth, seconded by Councilman Dyda , ORDINANCE NO. 92 was ADOPTED. The motion carried on the following roll call vote : AYES : RUTH, DYDA, BUERK & MAYOR RYAN NOES : NONE ABSENT : SHAW RESOLUTIONS : RESOL. NO . 77-62 City Manager Wood presented the staff FIXING AMOUNT OF REVENUE report of August 11 , 1977 which recom- NECESSARY mended establishing a tax rate of (1501) $ . 15/ $100 of assessed valuation. Council discussion followed on the unappropriated balances of the General Fund and the Parks and Recreation Fund ; the impact of inflation on revenue requirements ; and, the possible effects of the 1980 census figures . Councilman Dyda then moved that within the budget to transfer an additional $100 , 000 this year from the unappro- priated balance of the General Fund to the reserve within the General Fund so the City could recognize future decreases in revenue. The motion was seconded by Mayor Ryan. 674 Council August 16, 1977 Council briefly talked about the possible changes that might occur in the sales tax distribution with the suggestion being made to make use of the unappropriated balances and reduce the property tax. Concern was again expressed for the possible impact the 1980 census figures would have on the City's finances. The motion to transfer the $100,000 carried on the following roll call vote: AYES: RUTH, DYDA & MAYOR RYAN NOES: BUERK ABSENT: SHAW Discussion continued on the amount contained in the various reserve funds; possible expenditures that the City would be facing, especially with regard to the purchase of the Nike Site. Councilman Buerk moved to change, in Section 1. of the proposed resolution, the $351,710 to $234,500 which would decrease the property tax rate to 10 /$100. Councilman Dyda seconded the motion for discussion purposes, noting that he had reviewed the capital funds and didn't find anything except next year's amount for the school site purchases and some one-time money from revenue sharing for the P & R fund. He didn't notice anything substantial earmarked for the Nike Site project or for the coming years, and although he seconded the motion for the purposes of discussion, he didn't think the City could afford to take that kind of risk at this time since the exact amounts that would be needed for these projects were unknown at this time. The motion failed on the following roll call vote: AYES: BUERK ABSENT: SHAW NOES: RUTH, DYDA, & MAYOR RYAN RESOLUTION NO. 77-62 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES FIXING THE AMOUNT OF REVENUE NECESSARY TO BE RAISED BY AD VALOREM TAX FOR THE 1977-78 FISCAL YEAR was introduced by title. Councilman Ruth moved, seconded by Councilman Dyda to ADOPT RESOL. NO. 77-62. The motion carried on the following roll call vote: AYES: RUTH, DYDA & MAYOR RYAN NOES: BUERK ABSENT: SHAW RESOL. NO. 77-63 RESOL. NO. 77-63 OF THE CITY COUNCIL OF THE CITY OF FIXING TAX RATE & RANCHO PALOS VERDES FIXING THE TAX RATE AND LEVYING LEVYING TAXES TAXES FOR THE 1977-78 FISCAL YEAR ON PROPERTY WITHIN (1501) THE CITY was introduced by title. Councilman Ruth moved, seconded by Councilman Dyda to ADOPT RESOL. NO. 77-63. The motion carried on the following roll call vote: AYES: RUTH, DYDA, & MAYOR RYAN NOES: BUERK ABSENT: SHAW RESOL. NO. 77-64 RESOL. NO. 77-64 OF THE CITY COUNCIL OF THE CITY OF PROVIDING FOR RANCHO PALOS VERDES PROVIDING REVENUE SHARING CREDIT REVENUE SHARING FOR COUNTY FIRE PROTECTION TAXES PAID BY CITY PROPERTY CREDIT OWNERS BY ELIMINATING EXISTING TAX AND ESTABLISHING A (603 x 1501) TAX IN PLACE THEREOF was introduced by title. Council 675 August 16, 1977 Councilman Dyda moved, seconded by Councilman Buerk to ADOPT RESOL. NO. 77-64. The motion carried on the following roll call vote: AYES: RUTH, DYDA, BUERK & MAYOR RYAN NOES: NONE ABSENT: SHAW RESOL. NO. 77-65 RESOL. NO. 77-65 OF THE CITY COUNCIL OF THE CITY OF AMENDING FEES TO RANCHO PALOS VERDES AMENDING THE FEES TO BE CHARGED BE CHARGED UNDER UNDER THE DEVELOPMENT CODE, RESOL. NO. 77-14, AND THE DEVELOPMENT OTHER POLICIES OF THE CITY OF RANCHO PALOS VERDES, CODE AMENDING RESOLUTION NO. 77-17 was introduced by title. (1801) Councilman Dyda moved, seconded by Councilman Ruth, to ADOPT RESOL. NO. 77-65. The motion carried on the following roll call vote: AYES: RUTH, DYDA, BUERK & MAYOR RYAN NOES: NONE ABSENT: SHAW TOP RAIL GRADING The Director of Planning stated the issues to be PROJECT considered at this meeting were the landscaping along (1805) the trail and the fill that had taken place on Site Plan #327. Application for this site plan had been made but was denied by staff and the appeal period had now lapsed. Because of the continued grading in the area, the matter had been turned over to the District Attorney for prosecution. Mr. David English, 2 Top Rail Lane, stated that he felt he had done nothing illegal since he was moving less than 20 cubic feet; that if a permit was necessary, then 327 should be considered acceptable and desirable, or if the site plan was denied, he could leave the canyon in its present state. He also stated that he felt he had been given insufficient notice to appeal. Discussion followed on whether or not Mr. English had applied for an appeal with- in the time limit and it was determined that he had not: that his letter of August 9, 1977 to the Council could not be considered an appeal. Council discussed at length the issues that were before them on this matter and whether or not they could consider Site Plan #327 or give Mr. English an exten- sion of time to appeal the denial before the Planning Commission. It was finally determined that two issues could be decided upon by the Council: whether or not the landscaping was sufficient; and, consideration of the lower trail site (riding ring). The Director of Planning stated that the reason for the site plan review was to see whether or not it met zoning ordinances. Further, the site plan had grading that exceeded the amount allowed: prior to the site plan review, Mr. English did grading and the question at this time was whether or not that was legal. The site plan review after the project had already been built was denied. A previous application for 19 cubic yards was approved; subsequent grading was done prior to Site Plan #327 and the amount exceeded the 20 cubic yards allowed and approved. Speaking in favor of this project were the following residents of the City: Gary English, 2 Top Rail Lane; Arthur H. Brock, 7 Top Rail Lane; David Weston, 104 Rockinghorse; Bill Morris, 40 Rockinghorse Lane; Linda Virsee, 84 Rockinghorse Road; Fred Crawford, 2422 Colt Road; and, Howard Cohn, 2638 Colt Road. Council 676 August 16, 1977 Mr. Arthur W. Brock, 2831 Colt Road, with the use of pictures mounted for Council and audience viewing, listed the objections of the residents of Colt Road to this project. Mainly, those objections concerned the lack of landscaping on the trail and resultant spillage. Mr. Brock reviewed the history of this project, citing the fact that it has continued for over two years and was a violation of grading ordinance. He requested Council to follow the recommendation of the City Attorney and give Mr. English a reasonable length of time to finish the project, or return the area to its original state and prevent the use of that graded site for its intended purpose. Speaking in opposition to this project were the following residents of the area: Scott Brazil, 2811 Colt Road; Gary Schmid, 2855 Colt Road; Dorothy Ralphs, 2767 Colt Road; Susan Schmid, 2855 Colt Road; and Gwen Brock, 2831 Colt Road. Councilman Dyda moved that the grading of the fill on the lower site be approved and Mr. English be put on notice that no additional grading could be done without the appropriate permit, and further, the City would drop the action indicated in the letter of August 9, 1977 from the District Attorney. The motion was seconded by Mayor Ryan. There being no objection, MAYOR RYAN SO ORDERED. G4.421.tr. p-1.1.,,e 414/77 With regard to the quest' . of proper landscaping, Councilman Dyda moved that Mr. English be given 60 days to demonstrate that landscaping and maintenance of the upper sit- -- trails was being accomplished to the satisfaction of the Director of Planning and further, that Mr. English be put on notice that if this was not being accomplished, the City would consider a hearing to revoke the permit. The motion was seconded by Mayor Ryan and carried on the following roll call vote: AYES: RUTH, DYDA, BUERK & MAYOR RYAN NOES: NONE ABSENT: SHAW RECESS At 10:30 P.M. Mayor Ryan declared a brief recess. At 10:45 P.M. the meeting reconvened with all members present, with the exception of Councilman Ruth who returned at 10:49 P.M. ASSESSMENT DISTRICTS City Manager Wood presented the staff report of & HOMEOWNERS August 15, 1977 which outlined methods of providing ASSOCIATIONS landscape maintenance of common areas in new developments. (901) Mr. Joseph L. Perring, 4600 Campus Drive, Newport Beach, representing the Presley Company of Southern California told the Council of the delay the setting up of homeowner groups to take care of the maintenance landscaping would cause in the sale of his company's lots. Further, he questioned the fairness in requiring homeowners to pay for the cost of this maintenance in light of the fact that this trail would be used by the public and not just by the residents of that tract. Council discussion followed concerning this delay; who should pay for these trails, and who would be the primary beneficiaries. Since it was the consensus of Council that a more equitable means of sharing the costs of these common areas must be established, MAYOR RYAN ORDERED: that staff should consider them as being a citywide asset, and recommend more equitable means of paying for their maintenance; and also verify the length of time it would take to get approval of the map. Council 677 August 16, 1977 ABALONE COVE PARKING Frank Friedman, 13 Sea Cove Drive, (1503) representing the Sea Cove Drive:home- owners presented the Council with a petition signed by residents of that street request- ing the closure of Sea Cove Drive to and from Palos Verdes Drive South and the posting of no parking/tow away signs. This closure was being requested because of the congestion taking place in that neighborhood due to overflow parking from Abalone Cove Beach. Discussion followed on whether or not the City could install temporary no parking signs in this area to alleviate this problem until the Traffic Committee could recommend a permanent solution. Councilman Buerk moved that on a temporary basis, until the Traffic Committee could take action on this matter, to completely close Sea Cove Drive to Palos Verdes Drive South and establish no stopping tow away zones from 10:00 A.M. to 4:00 P.M. along the area from Palos Verdes Drive South to Packet Road. The motion was seconded by Councilman Ruth. There being no objection, MAYOR RYAN SO ORDERED. FREQUENCY OF COUNCIL MEETINGS Carried over to Council Meeting of September 6, 1977. REPORT ON CONTRACT CITIES Councilman Dyda reported that the JOINT AGREEMENT FOR INS. Executive Board of Directors for this group had been elected and the South Bay area was represented. NIKE SITE NEGOTIATIONS Councilman Ruth reported that he had met (1109) with representatives of GSA and that it was decided that the School District and the City would share in the cost of having an appraisal of the Nike Site. ROBERTI BILL Councilman Dyda reported that the Roberti Bill died in the Assembly and the Gonsalves Bill was still in effect. SCAG COMMITTEE ON HOUSING Councilman Dyda reported that he had met AND ECONOMICS with the members of this committee and his previously reported objections were agreed to by the group. LETTER FROM ROLLING HILLS ESTATES Mayor Ryan noted the receipt of a letter RE HIGHRIDGE BIKEWAY from the City of Rolling Hills Estates regarding the Highridge Bike Path dated August 9, 1977 moved to send the matter back to the Traffic Committee. The motion was seconded by Councilman Dyda. There being no objection, MAYOR RYAN SO ORDERED. ADOPTION OF CITY EMPLOYEE Carried over to September 6, 1977 SALARY RANGES Council meeting. EXECUTIVE SESSION At 11:40 P.M. Councilman Dyda moved, seconded.by. Councilman .Ruth to recess to executive session. Council reconvened with the same members present at 12:35 A.M. on motion of Councilman Buerk seconded by Councilman Dyda. • Council 678 August 16, 1977 INVERSE CONDEMNATION Councilman Ruth moved, seconded (Alto Land Co. , by Councilman Dyda to authorize B. R. Morris & E. K. Zuckerman, the City Attorney to defend the and Beverly Realty Co.) City on these three law suits. (303) The motion carried unanimously. EQUESTRIAL TRAILS Councilman Buerk moved, seconded by Councilman Dyda to authorize up to $2500 to obtain an engineer- ing firm to survey and draw legal descriptions for the equestrian trails on the east side. The motion carried unanimously. ADJOURNMENT: At 12:40 A.M. , Councilman Buerk moved, seconded by Councilman Dyda' to adjourn the meeting to August 30, 1977 in Council Chambers for a public hearing on the Coastal Specific Plan. /.4r, /4/(47-21r YOR LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL Al 1.i0.�_�iI_i._4 - 4°°° ' ,lp1erk / Council 679 August 16, 1977