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CC MINS 19770906 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING SEPTEMBER 6, 1977 The meeting was called to order at 7 :40 P.M. by Mayor Robert 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: SHAW, DYDA, AND MAYOR RYAN ABSENT: BUERK AND RUTH (COUNCILMAN RUTH ARRIVED AT 7 :42 P.M. ) Also present were City Attorney Patrick Coughlan, City Manager Leonard G. Wood, Director of Planning Sharon W. Hightower, Director of Public Works Dennis Pikus, Administrative Assistant Trish Hanelin, Administrative Services Officer George Wunderlin, and Community Services Officer Tom Bandy. Mayor Ryan presented Byron Blue an Honorary Commemorative Resolution for his work with the Planning Commission. AUDIENCE QUESTIONS: Wallace C. Hutchinson, 30828 Marne Drive, told the Council that he felt a gap existed between the Council and the people. Controls should be placed over the construction of buildings and permission should be granted so that views will not be blocked as a result of the construction. He suggested that people living in affected or surrounding areas be notified when new buildings go up, or that the Homeowners Association be notified. Discussion by the Council followed and it was suggested that the Homeowners Association be encouraged to send a representative down weekly to check on any new buildings or construction. Mr. Carlton Miller, 6568 Beachview Drive #337 , asked what relationship existed between the Council and the County Engineer and whether the Council contracts with the Engineer for enforcement of building codes. He stated that the inspectors were not inspecting all aspects of the code, especially those referring to health. The Council asked Mr. Miller to defer his complaint until Item 12 (LETTER FROM PORTO VERDE RESIDENTS ASSOCIATION) was brought up, which was set for 9: 00 P.M. APPROVAL OF On motion of Councilwoman Shaw, seconded by AGENDA Councilman Dyda, the Agenda was approved, add- ing discussion of: the procedure of setting and collecting fines (City Code Violations) , a resolution endorsing the action of Supervisor Hahn in protesting excessive automobile insurance premiums, Health & Safety Code 25940 , and a letter designating the voting delegate at the League of California Cities Annual Meeting. There being no objection, MAYOR RYAN SO ORDERED. 682 WAIVER OF FULL Councilman Dyda moved, seconded by Councilman READING OF Ruth, to waive further reading in full of all ORDINANCES AND ordinances and resolutions adopted at this RESOLUTIONS meeting with consent of 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 On motion of Councilman Dyda, seconded by Councilwoman Shaw, the Consent Calendar was approved with Item No. 3 (Register of Demands) removed. MINUTES Approved as presented the minutes of the Work Session of August 8, 1977 and the Council Meeting of August 16, 1977, with Councilman Dyda asking that more information be provided on the discussion of Resolution 77-62 (decreasing the property tax rate to 10 /$100) to have more clarification. ITEMS REMOVED FROM THE CONSENT CALENDAR: REGISTER OF DEMANDS ADOPTED RESOLUTION NO. 77-66 OF THE CITY RESOLUTION NO. 77-66 COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $239,555. 90, DEMAND NUMBERS 3872 THROUGH 3947. The resolution was approved on the following roll call vote: AYES : SHAW, RUTH, DYDA, AND MAYOR RYAN NOES: NONE ABSENT: BUERK VEHICULAR The hearing on PROPOSED VACATION OF VEHICULAR ACCESS ACCESS RIGHTS FOR Lot 82 of Tract No. 25376 RIGHTS Lot 82 (CREST ROAD) was not held because the notice of Tract No. 25376 was not properly posted. It was moved by Councilwoman Shaw and seconded by Councilman Dyda to continue the hearing to Sept. 20, 1977. CONDITIONAL USE The Planning Director reported that proper PERMIT #26 notice was mailed and a public hearing was held on August 9, 1977 for CONDITIONAL USE PERMIT #26 - APPEAL OF PLANNING COMMISSION DENIAL. APPELLANT/APPLICANT: PENINSULA RACQUET CLUB. Requests from the hearing were mentioned, such as extending the time the tennis courts are lighted. The Planning Commissioner denied the request for a Conditional Use Permit, based on the grounds that it would conflict with various provisions of the General Plan. Mr. Tim Hurley, President of the Peninsula Racquet Club, requested that the public hearing be postponed until the first meeting in October because many people who would have been present at the meet- ing were out of town and could not attend. Mr. Robert King also requested that the hearing stay open. A motion was made by Councilwoman Shaw, seconded by Councilman Dyda, to continue the hearing to the October 4 meeting, but to let anyone who is not able to come at that time to speak now. Council Meeting 6 8 3 September 6, 1977 Russ Schweiger, representing Via La Cresta Homeowners Association, would not be able to attend the October 4 meeting and requested to have the hearing on the second meeting in October, which was agree- able to those present. Councilwoman Shaw then amended her previous motion and moved that the continuance of the hearing be changed to the meeting of October 18, 1977. The motion was seconded by Councilman Dyda. There being no objection, MAYOR RYAN SO ORDERED. LANDSCAPE AND OPEN A report was prepared by the Director of SPACE MAINTENANCE Public Works, pursuant to Resolution No. 77-52 DISTRICT NO. 1 in compliance with Article 4 , Chapter 1, of the Landscaping and Lighting Act of 1972. The improvements consist of median landscaping entrance on areas and right-of-ways on Hawthorne Blvd. with Tract No. 32673, which was shown in Exhibit A. The estimated cost for 1978-79 would be a total of $7, 620. 00. This total cost divided by the 52 lots within the area, as diagrammed in Exhibit B, would come to $146. 54 per lot. Council discussion followed and Mr. Pikus said that the estimate was a little high, and that any remaining money would result as a credit to next year' s assessment. He also stated that the back of the houses on Hawthorne Blvd. are considered to be part of the parkway. As the landscaping is a primary benefit to the neighborhood, they should pay for it. Mr. John McTaggart, 6916 Purpleridge Drive, commenting on the shrubbery and sidewalk, said that people don't want to spend $146. 54 for the landscaping. It was decided that the Council find out who' s responsible for the parkway and that there would be no problem in delaying this matter. Councilwoman Shaw suggested that the Staff come up with the estimated break-down cost for Hawthorne Blvd. parkway. MAYOR RYAN ORDERED: that the item be delayed until the Staff supplied further information. PETITION ON HEIGHT Planning Director Hightower gave her VARIATION #67 report on the petition and recommended that the Council deny the request that the appeal period be extended. She said that the objec- tions were not primarily on view obstruction, so the Staff approved the application. No notice is sent after the application was approved, and since the Commission has no authority to extend the appeal period, they suggest- ed that the people ask the Council for an extension. Mr. Trevor Dawson, representing the petitioners against Height Variation #67 , went over the original notice on the proposed structure, which is 1100 square feet and does not meet the ordinance. Mr. Rollin Sturgeon, 5456 Bayridge Road, stated that he objects to the Height Variation. His view is looking upward, and a two-story building would not be compatible with the other one-story buildings. Mr. J. G. Goppert, -5507 Bayridge Road, said that the Council is not responsive to the needs of the people and that the Council is taking the wrong approach to these problems, and asked why they have the ordinances if they are not enforced. He stated that two-story build- ings stick out like sore thumbs and that it affects the neighborhood vista. Mr. Finn Sorensen, 5519 Elmbank Road, stated that his view was also obstructed. He said that the notice to appeal did not mention where to find out about the approval or if the deadline had expired. No indication was given that it was up to them to find out if they have the right to appeal. Council Meeting 6 8 4 September 6, 1977 Mr. John Gyllenswan, 5522 Bayridge Road, stated that the new structure will be like a two-story apartment house and will be visible by all the people who live in the lower hills. He would like to keep the area a single-story tract. The Council then entered into a discussion on the matter. It was stated that a notice of the Height Variation had been applied for and the appeal period, which is 10 days, declared; then staff makes a decision. There is a possibility of extending the appeal period if a staff error has been made or an appeal discouraged. If the period expires on a Sunday, a person has until Monday to appeal. The City Attorney then said that people should have until tomorrow to appeal and asked that the staff be notified. A motion was made by Councilman Dyda, seconded by Councilwoman Shaw, to grant the appealant the right to appeal until 5:00 P.M. Wednesday, September 7, and to notify the property owner to desist any work in progress. The motion carried on the following roll call vote: AYES: SHAW, RUTH, DYDA, AND MAYOR RYAN NOES: NONE ABSENT: BUERK There was further discussion and the City Attorney gave his view of the ordinance. He said that granting an appeal is not an automatic denial of building, that there has to be a view impairment. Aesthetics cannot be a relevant part of an appeal. Councilwoman Shaw felt that the procedure should be changed because the citizens shouldn't be expected to find out for themselves of the staff decision. People who have made a written objection should be informed of the decision made. She requested Mr. Wood to answer any written objections made. RECESS At 9:20 P.M. Mayor Ryan declared a brief recess. At 9 : 30 P.M. the meeting reconvened with the same members present. PORTO VERDE The Planning Director gave her report recommend- RESIDENTS ing that the Council deny the request to reopen ASSOCIATION a Planning Commission public hearing on Conditional Use Permit #16. She also pointed out that the Council could not reopen a hearing. Mr. Wood then stated the facts of the Ordinance, with ref- erence to Section 9901. Mrs. Buelah Hunter, 6568 Beachview Drive Apt. 129, reported that there had been water seepage between the walls of her apartment and that her furniture had been damaged. She had called the health authorities who came out to inspect the building. The Council went into discussion and they decided that the Health Department is to give Mr. Wood a written report of the incident. An Administrative hearing is set for September 7 and further time will be given to alleviate the situation or there will be a prosecution by the District Attorney. The Planning Commission has not yet acted on this matter. It was requested by Mr. Otis Tabler that an action be taken by default or that the matter be divided into two questions. The Council denied this request as being inappropriate on a motion made by Councilman Dyda, seconded by Councilwoman Shaw. There being no objection, MAYOR RYAN SO ORDERED. 6 a g Council Meeting September 6, 1977 As the issue was still open and continued, Mr. Otis Tabler, 6568 Beachview Drive, Apt. #133 , said that additional evidence should be allowed and that this data could only be obtained by reopening the hearing. Mayor Ryan then stated that additional information and evidence may be submitted to the Planning Commission. Tabler stated that the build- ing had become substandard and referred to Nos. 9901B and 9911 and 9903A5 to show this. He said that he wanted the City to enforce its building code so that the building would be safe and healthful to live in. It was stated the City Staff had taken the appropriate steps & that the City Manager would convene a meeting with representatives from the County Health Dept. , County Bldg. & Safety Dept, , and _the Cite Att. for. the pur- pose of researching the situation. Mr. Tabler was asked to make a concise list of all things wrong with the building by Friday, Sept. 9, 1977. FINAL TRACT The report first submitted did not comply with MAP NO. 32677 the City Council resolution so it was revised making it acceptable. It was not clear in Item 4d of the submitted letter what the Council is waiving and it was stated that more specifics would be given in the future. On motion by Councilwoman Shaw, seconded by Councilman Ruth, Tract Map No. 32677 was approved. HEALTH & SAFETY City Attorney Pat Coughlan stated, since the CODE NO. 25940 City was in violation of the Health & Safety Code No. 25940, there should be a "no smoking" area in the Council Chambers during the Council meetings. It was moved by Mayor Ryan and seconded by Councilman Dyda that smoking be banned from the Council Chambers for all City meetings and that appropriate signs be posted. The motion carried on the following roll call vote: AYES: SHAW, DYDA, AND MAYOR RYAN NOES: RUTH ABSENT: BUERK PROPOSED EXPANSION The Planning Director reported that an Environ- OF MARINELAND mental Information Form was submitted May 9 and that a Draft Negative Declaration was issued July 20, with the appeal period ending August 15. She recommended that the letter from Rolling Hills Estates be received and filed and a response be drafted for the Mayor' s signature. The Council then discussed the issue, and it was felt that the increase in attendance would be to bring the attendance up to what it used to be and would not really increase it beyond new, higher levels. On motion by Councilman Dyda, seconded by Councilwoman Shaw, it was approved that the letter be received and filed for an appropriate response. LOS ANGELES A letter from the City of Rolling Hills HYPERION TREATMENT Estates regarding legal action to halt PLANT EIR DECISION further dumping of sludge at the Rolling APPEAL Hills Estates landfill was discussed. Council Meeting 686 September 6, 1977 Mayor Ryan instructed City Attorney Pat Coughlan to call the City of Rolling Hills Estates Council to find out more about the impend- ing suit. CREST ROAD After a report given by the Director of Public PARKING Works, he recommended that "No Parking" regulations PROHIBITIONS be installed on the north side of Crest Road be- tween Avenida Refinida and Avenida Tranquila. Even though the regulations are not justified from a traffic engineering point of view and may cause controversy, the Traffic Committee requested that the regulations be adopted on the basis of the desires of the majority of the people. Mr. Briggs, 6847 Crest Road, stated that he was in favor of the "No Parking" regulations because it is very hard, especially for some people living on the street such as Mrs. Lamb, to get out of their driveways because their vision may be blocked. Mr. John Dierks, 6895 Crest Road, stated that he got a petition of the houses on this road and that 10 out of 11 homes contacted were against the "No Parking" regulations. By prohibiting parking, he said, the speed of the vehicles may increase, which is already a problem. Speed has an impact on the people' s property, and it is worse on the lower part of the street. It is also dangerous to park and walk across to the north side of the street. Discussion by the Council followed and it was stated that any type of appropriate signs for that area, such as "Blind Driveways" or "Slow Curve" , should be installed. Usually parking restrictions are put in for blocks and not for only 1 house at a time. On motion by Councilman Ruth, seconded by Councilwoman Shaw, this issue would be sent back to the Traffic Commission for further study. The motion was approved and so moved. INDIAN PEAK The Director of Public Works gave his report pre- ROAD-TRAFFIC pared by the Traffic Advisor. He said that parking PROBLEMS in front of the Learning Tree School had been re- duced from 19 to 11 stalls, that 60 stalls had been provided adjacent to the school, but that parents were using the bike path to park. The conflict be- tween the motorists and the bikers would be minimal. He recommended that the Council adopt the Traffic Committee' s recommendations except for the parking on the bikeway and the right lane must turn right re- gulations. Mrs. Ginette Aelany, 3632 Vigilance, representing mothers of the chil- dren going to the Learning Tree School, stated that the bike path is used for parking because it is not used by bikers and does not lead any- where. They want to use it only for a short period of time, to pick up their children. She also asked that a school sign be installed on Crenshaw Blvd. Following discussion, Councilwoman Shaw objected to allowing the bike path be used for parking. Some changes should be made that are not in the recommendation, such as putting in a crosswalk (marked) at the corner. Councilman Dyda moved, seconded by Councilman Ruth, to approve the recommendations of the Traffic Committee. The motion was approved by all members except Councilwoman Shaw. ANIMAL CONTROL Calls for dogs and cats (and miscellaneous animals) SUBSIDY BY DOG is now 50-50, but dog owners now pay all of the fee OWNERS because cats are not licensed. Mayor Ryan asked that observations be made on the situation, and City Manager Mr. Wood stated that he would bring a report back to the Council on Animal Control. He also stated that the City will take care of a portion of the program; that it will not be completely financed by dog owners. Council Meeting 687 September 6, 1977 FINE FOR CODE Councilman Dyda stated that fines must be enforced VIOLATIONS or there is no use in having the code. He felt that the violations are not being pursued with enough dil- igence, and it was suggested that the violations might be changed to infractions. Another process besides going through the D.A. should be found. AUTOMOBILE The County has filed a suit because of the increase INSURANCE in insurance costs due to the way the boundary lines COST are drawn. Different insurance companies have differ- ent boundary lines. A motion was made by Councilman Dyda, seconded by Councilwoman Shaw, to support the County in their law suit to end the unfair rating system. Staff was directed to draft a supporting resolution. HIGHRIDGE BIKE PATH Mayor Ryan stated that the bike path in Rancho Palos Verdes should meet the Rolling Hills Estates bike path with 100 percent compliance so that the bike paths match. Councilwoman Shaw moved, seconded by Councilman Ruth, to direct this matter of the bike path to the Traffic Committee to develop a plan which conforms to the Rolling Hills Estates bike path. CITY MANAGER A motion was made by Councilwoman Shaw, seconded by AS DESIGNATED Councilman Ruth, to appoint Leonard G. Wood as REPRESENTATIVE designated representative for conferring on Employee Salary and Benefits. Mayor Ryan declared that the motion was so moved. MAYOR AS It was moved by Councilman Dyda and seconded by OFFICIAL Councilwoman Shaw, that Mayor Ryan be appointed the REPRESENTATIVE official representative to the League of California Cities and that Leonard G. Wood have the authority to sign documents to transfer property being received from the Federal Government. RECESS The meeting was recessed to an Executive Session on Personnel Matters at 11: 25 P.M. EXECUTIVE Executive session was called to order at 11:40 P.M. SESSION - PERSONNEL Present: Shaw, Dyda, Ruth and Mayor Ryan. MATTERS Also present were City Attorney Pat Coughlan, City Manager Leonard G. Wood and Administrative Services Officer George Wunderlin. Staff reports were presented covering "Adoption of ' Permanent! Salary Ranges for Regular Full-Time Employees" and "Salary/Benefit Changes.. " Following detail discussion by the City Council, Executive Session was recessed at 1: 35 A.M. The meeting was called back to order at 1 : 36 A.M. Council Meeting 688 Se telnber 6 1977 p , The following Resolutions were than adopted: RESOLUTION NO. 77-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING MANAGEMENT, PROFESSIONAL AND STAFF EMPLOYEE GROUPS, POSITION CLASSIFICATIONS AND SALARY RANGES FOR FULL-TIME CITY EMPLOYEES AND ADOPTING CERTAIN SALARY INCREASES FOR REGULAR, FULL-TIME CITY EMPLOYEES AYES: SHAW, RUTH, DYDA, AND MAYOR RYAN NOES: NONE ABSENT: BUERK RESOLUTION NO. 77-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING VARIOUS EMPLOYEE RULES, REGULATIONS AND BENEFITS AYES: SHAW, RUTH, DYDA, AND MAYOR RYAN NOES: NONE ABSENT: BUERK ADJOURNMENT The meeting was adjourned at 1 : 40 A.M. MAY; ATTEST: LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL litie44 l 1 ' , T /CLERK I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution passed and adopted by the City Council of the City of Rancho Palos Verdes at a regular meeting thereof held on the 6th day of September, 1977 . LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL CITY CLERK Council Meeting 689 September 6, 1977