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CC MINS 19771115 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING November 15, 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: SHAW, DYDA, BUERK & MAYOR RYAN ABSENT: RUTH Also present were City Attorney Patrick Coughlan, City Manager Leonard G. Wood, Administrative Assistant Trish Hanelin, Director of Planning Sharon W. Hightower, Director of Public Works Dennis J. Pikus, Community Services Officer Tom Bandy, Director of Parks & Recreation Maynard Law, Administrative Services Officer George Wunderlin and Deputy City Clerk Mary Jo Lofthus. AUDIENCE QUESTIONS : Robert King, 30764 Via La Cresta and Russ Schweiger, 30828 Via La Cresta, requested council clarification of the status of CUP No. 26 (Peninsula Racquet Club) . The City Attorney stated that if, after viewing the new lights, the Council decides not to go along with the resolution presented, then a new public hearing should be held. If the Council decides to go along with the original resolution, no new hearing would be necessary. APPROVAL OF AGENDA On motion of Councilwoman Shaw, seconded by Councilman Dyda, the agenda was approved, adding dis- cussion of : Taxes (Ryan) , Annexation (Ryan) , and Clarification of Public Notices (Ryan) . The City Manager requested the addition of Housing & Community Development Act and testing the lights at the Peninsula Racquet Club. There being no objection, MAYOR RYAN SO ORDERED. WAIVER OF FULL READING OF Councilman Dyda moved, seconded ORDINANCES AND RESOLUTIONS by Councilwoman Shaw, 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 reading of the title, unless specific re- quest was made at that time for the reading of such ordinance or resolution. CONSENT CALENDAR: Councilman Dyda requested the removal of Item No. 1 (City Audit Report for Fiscal Year 1976-77) and the Register of Demands. On motion of Councilman Dyda, seconded by Councilwoman Shaw, the Consent Calendar was approved as follows: APPROVAL OF WALL Approved wall and release of TRACT NO. 29594 faithful performance Bond No. (1411) 228489 for Tract No. 29594 . RESOLUTION NO. 77-92 ADOPTED RESOLUTION NO. 77-92 OF PROVIDING FOR PROHIBITED THE CITY COUNCIL OF THE CITY OF STOPPING ZONES RANCHO PALOS VERDES PROVIDING (1503) FOR PROHIBITED PARKING ZONES FROM 10 : 00 A.M. TO 3 : 00 P.M. EVERY DAY BETWEEN VARIOUS LOCAL STREETS. 729 RESOLUTION NO. 77-93 ADOPTED RESOLUTION NO. 77-93 OF ADOPTING REGULATIONS THE CITY COUNCIL OF THE CITY OF FOR CANDIDATES FOR ELECTIVE RANCHO PALOS VERDES, CALIFORNIA, OFFICE ADOPTING REGULATIONS FOR CANDIDA- (501) TES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 7TH DAY OF MARCH, 1978 . RESOLUTION NO. 77-94 ADOPTED RESOLUTION NO. 77-94 OF PERMITTING LOS ANGELES THE CITY COUNCIL OF THE CITY OF COUNTY CLERK TO RENDER RANCHO PALOS VERDES REQUESTING CERTAIN SERVICES THE BOARD OF SUPERVISORS OF THE (501) COUNTY OF LOS ANGELES TO PERMIT THE COUNTY CLERK OF SAID COUNTY TO RENDER SPECIFIC SERVICES TO THE CITY OF RANCHO PALOS VERDES , RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON MARCH 7 , 1978. RESOLUTION NO. 77-95 ADOPTED RESOLUTION NO. 77-95 OF GIVING NOTICE OF THE CITY COUNCIL OF THE CITY OF HOLDING ELECTION RANCHO PALOS VERDES, CALIFORNIA, (501) CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY THE 7TH DAY OF MARCH 1978 , FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. ITEMS REMOVED FROM THE CONSENT CALENDAR: CITY AUDIT REPORT Councilman Dyda moved that be- FOR FISCAL 1976-77 cause of some errors in the (107) report that the recommended "receive and file" be delayed and that staff send a letter asking correction of the minor deficiencies in Exhibit "B" . Further, that the accounting firm be put on notice that the City would not accept slip-shod work. The motion was seconded by Councilwoman Shaw. There being no objection, MAYOR RYAN SO ORDERED. RESOLUTION NO. 77-96 Council expressed concern about REGISTER OF DEMANDS the number of dry runs indicated (1504) on the County billing for ambu- lance service. The suggestion was made that perhaps the paramedics could handle the call for an ambulance and help to cut down on the number of dry runs . Councilman Dyda moved, seconded by Councilwoman Shaw, to ADOPT RESOLUTION NO. 77-96 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $84 ,107. 25, DEMAND NUMBERS 4145 THROUGH 4201. The motion carried on the following roll call vote: AYES : SHAW, DYDA, BUERK & MAYOR RYAN NOES : NONE ABSENT: RUTH # # # # # Council 730 November 15, 1977 PUBLIC HEARING: TENTATIVE TRACT NO. 33358 The Clerk reported that notice LOCATION: PALOS VERDES DRIVE SO. of this public hearing had been AT S.EAHILL DRIVE duly published and that the APPLICANT: MERCURY ENTERPRISES City had not received any written (1411) protests. Mayor Ryan then declared the hearing open. The staff report of November 15 describing this tract as a 3 . 38 acre site which the applicant proposed dividing into a 22 lot residential condominium development was presented by Associate Planner Gary Weber. The report further indicated that the Planning Commission had reviewed this tract and recommended its approval. Additionally, an environmental impact report was finalized on February 9, 1977 and was part of the agenda package presented to the Council for their study. Mr. Weber noted that one of the major issues identified at the Planning Commission hearings on this tract was the problem of access for St. Peter' s By-The-Sea Church which was located across from the site. The developer of this property indicated that he would put in an access road to the church but did not feel that the homes in this project should be responsible for the maintenance of the road. Staff recommendation was that the City Council adopt the proposed resolution, subject to the conditions listed in Exhibit "A" as amended. In response to Council ' s questions regarding the safeguarding of possible archaeological finds on this site, Mr. Weber told them that the arch- aeologist was on site when grading took place and that special digs had been made to determine if anything of historical value existed in the area. It was determined that none existed. Mr. Ron McAlpine, representing South Bay Engineering, emphasized to the Council that the present plan had been dramatically changed from that initially submitted. The design alleviated the impact on view from Palos Verdes Drive and view corridors were now incorporated into its design. He said that the developer would consider including in the plan access to the church, but felt that the cost for such access should not have to be borne by the future owners of the homes in that area. William Hagan, 23 Packet Road, representing the West Portuguese Bend Homeowners Association, requested that Council delay action on approv- ing this tract until the homeowners, church representatives and the developer had an opportunity to get together and work out a solution to the parking problems. Robert Pelton, 2 Packet Road, told the Council that people presently park on the vacant land and he was concerned about the additional parking problems that would be created by the development of this project. He also requested that Council delay action on the project. Mr. Clausex, representing St. Peter' s By-The-Sea Church, requested that the Council delay action on the resolution since he felt that adequate consideration had not been given to the environmental impact of this project. He requested a meeting between the developer, the homeowners group and church representatives in order to find a solution for the parking problem. Mr. Keith Martin, president of the board of trustees of St. Peter' s By-The-Sea Church, reiterated the earlier requests to hold off action on approving this tract. Mrs. Norco, 6 Packet Road, described for the Council the difficulty for emergency vehicles getting into and out of the area. Mr. Frank Friedman, 13 Seacove Drive, felt that this project would further burden the residents of the lower Abalone Cove area. Council 731 November 15, 1977 Mr. Richard Miller, 6350 Tarragon Road, told the Council that he did not receive notice of the public hearing. He too requested Council delay acting on this project. In response to Council 's questions regarding the lists used to notify residents of public hearings , the Director of Planning stated that the latest tax assessor' s rolls were used to compile these lists. Speaking in rebuttal to some of the speakers, Mr. McAlpine said that his firm had made application in the prescribed manner, had presented their plan to the Planning Commission and that proper notice had been given of the hearings held. He requested the Council approve the tract as presented. John McTaggart, Chairman of the Planning Commission, told the Council that the Commission considered the church access problem and suggested parking on other side streets. Additionally, the Planning Commission took a great deal of time seeing that the view from Palos Verdes Drive was preserved. Council then discussed the City' s policy with regard to the appropriate- ness of private streets and it was the consensus of Council that the Street Standards Subcommittee should take this matter under study. After considerate of other a ss possib' ies, such a ifting a certain numbe f the home n the pro ' , it was t - inal consensus that the m er be sen ack to the anning Co ' ' sion to find a z,_44) solutio o the par 'rig problem. Anae--01- 4? * -� Councilman Buerk moved, seconded by Councilwoman Shaw, to delay approval of this until the second meeting in December and ask the parties (developer, church and the West Portuguese Bend Homeowners Association) to find a solution to the Church parking problem. Councilman Buerk noted that, except for the parking problem, he was basically happy with the design of the project and complimented the Planning Commission for their work. Councilwoman Shaw noted that this was a matter between the church and the developer of the project. With the consent of the maker and the second, Councilman Dyda requested that the motion be amended to include consideration of other alterna- tive solutions , such as increasing the number of services to reduce the parking problem. There being no objection, MAYOR RYAN SO ORDERED. RECESS At 9 :45 p.m. Mayor Ryan declared a brief recess. At 10 : 00 p.m. the meeting reconvened with the same members present. TRACT NO. 32991 The Community Services Officer DEDICATION OF LAND TO presented the Parks and Recrea- THE CITY tion Committee report of November (1411) 7 , 1977 containing their recommen- dation on the dedication of land to the City. The Committee recommended the acceptance of the remainder of Parcel B based upon the facts that the area is now used by hikers, equestrians and sightseers. Additionally, the area is geographically similar to the dedicated portion of Parcel B and Parcel A, and that the acceptance of this parcel would fill a void in publicly owned recreation land on the east side of the City. The Committee' s rejection of Parcel C was determined by that parcel ' s lack of potential to be used for recreational purposes since the majority of its terrain was in excess of 35% slope. The report also noted that with the building of this tract, access to the area would be almost eliminated. Council 732 November 15, 1977 Parks & Recreation Committee Chairman Al Rosenthal commented that Parcel C had no potential value with respect to Parks & Recreation for the City. Councilman Dyda moved to accept the remaining portion of Parcel B for dedication to the City. Councilwoman Shaw seconded the motion. Councilman Buerk noted that the City consider the streets and how much of the property had to be improved. With the consent of the second, Councilman Dyda amended his motion to include that this acceptance was done without prejudice, subject to the improvement of roads as the Council determined in their discussion of the street standards. There being no objection, MAYOR RYAN SO ORDERED. Councilwoman Shaw moved not to accept Parcel C. Councilman Buerk seconded the motion. Councilwoman Shaw noted that this parcel did not meet the criteria set by Council , that the area was not easily access- ible and that the tract would benefit from the open space and, therefore, it would be more appropriate if the tract maintained the area. Mayor Ryan noted that he did not agree with turning down the opportunity for the City to accept this land. Council then discussed the problem of weed abatement, how it would be accomplished, and who would pay the cost. Councilman Dyda then moved to accept Parcel C. The motion was seconded by Mayor Ryan and failed on the following roll call vote: AYES : DYDA AND RYAN NOES : SHAW AND BUERK ABSENT: RUTH Councilman Dyda moved not to accept Parcel C. The motion was seconded by Councilwoman Shaw and failed on the following roll call vote: AYES: SHAW AND BUERK NOES : DYDA AND MAYOR RYAN ABSENT: RUTH Councilman Dyda moved to defer a decision on this parcel until the next meeting when a full quorum was present. The motion was seconded by Mayor Ryan. Councilman Buerk noted that he opposed continuing the matter. Russ McGuire, representing South Bay Engineering, stated that the City didn' t have to accept the land until the presentation of the tentative tract map. The City Attorney noted that the City's desires should be made known prior to his drawing up the CC&Rs for this tract. STREET STANDARDS The Director of Public Works (1403) presented the staff memorandum of November 9 , 1977 . This memo outlined the Council' s direction to the Street Standards subcommittee to give top priority to the development of the design concept for Palos Verdes Drive South in the vicinity of Palos Verdes Drive East so the developer of Tract No. 32991 could proceed with his design work. Council discussion followed with regard to the cost of the improvements suggested and who should pay these costs. Lengthy Council discussion followed with great concern being expressed for the cost of these improvements , since it was determined that each of the 57 homes in this development would be assessed $6251 for these improvements. In a letter dated November 11, 1977 to the Council , the developer re- quested that the Council consider the possibility of repaying from future street funds a portion, perhaps half, of the cost of these improvements. Council 733 November 15, 1977 Mr. Don Dawson, representing the developer, Western American Devel- opment, stated he felt that this amount was an abnormal burden just for the development of roads , and asked if it was possible for the City to reimburse some of these costs. Councilman Buerk moved to adopt Recommendation #4 with the additional provision that the developer provide curbs on Palos Verdes Drive East up to a total cost of $55, 000. The motion was seconded by Councilman Dyda. Councilman Dyda requested amending the motion to include that if and when the City adopts a policy to provide a formula of sharing the cost of major arterials between benefitting developments, reim- bursement consistent with the policy will be applied to this particular tract before lot sales are commenced not to exceed $125, 000. The amendment was accepted by the maker of the motion. The motion failed on the following roll call vote: AYES: BUERK NOES : DYDA, RYAN AND SHAW ABSENT: RUTH Councilwoman Shaw moved to accept, as presented, staff recommendations #1 through #5. The motion was seconded by Councilman Dyda and carried on the following roll call vote : AYES : SHAW, DYDA AND MAYOR RYAN NOES: BUERK ABSENT: RUTH Mayor Ryan moved, seconded by Councilman Buerk, that the policy decision for private streets be referred to the street standards subcommittee for study. There being no objection, MAYOR RYAN SO ORDERED. UNDERGROUNDING BOUNDARY The Public Works Director re- LINE PROJECT ported that originally this (901) project was estimated to cost approximately $80 ,000 and it was now anticipated that it would cost $140 , 000. The City of Palos Verdes Estates had decided that they wanted to go along with this underground- ing project. If the City decided to go ahead with this project, undergrounding funds would be committed through 1978 . Mayor Ryan moved, seconded by Councilman Dyda, to approve the Edison Company' s plans with regard to bids and have them move ahead on this project. There being no objection, MAYOR RYAN SO ORDERED. APPLICANTS FOR ENVIRONMENTAL Councilman Buerk requested that COMMITTEE this matter be delayed until the (1205) next council meeting. LETTER FROM THE CITY OF Mayor Ryan moved, seconded by ROLLING HILLS ESTATES REGARDING Councilman Dyda to send a letter DISPOSABLE SOFT DRINK CONTAINERS to the City of Rolling Hills (310) Estates expressing the City 's support for such an ordinance but recommending advocating legislation on a statewide basis rather than on a local level . There being no objection, MAYOR RYAN SO ORDERED. LETTER FROM MR. GRICKIS Mr. Joseph J. Grickis, 6212 REGARDING FENCE Via Subida, requested the (1806) Council extend his appeal time on a fence he had built. Mr. Grickis told the Council that he was remodeling his home and in the rush of things he had forgotten the time limit. Council 734 November 15, 1977 Mayor Ryan moved to grant Mr. Grickis ten (10) working days to file an appeal. The motion was seconded by Councilman Dyda. There being no objection, MAYOR RYAN SO ORDERED. CITY COUNCIL/PARKS AND RECREATION Council agreed to set aside COMMITTEE JOINT WORK SESSION RE December 10th and December 17th PLAN OF ACTION as tentative dates for work (1201) sessions on the PLAN OF ACTION. JULY 4TH CELEBRATIONS Community Services Officer Bandy (305) presented the Parks & Recreation Committee recommendations of November 8 , 1977 regarding the City' s sponsoring of July 4th celebrations. Al Rosenthal, Chairman of the Parks and Recreation Committee, said the Committee recommended the City sponsoring an annual July 4th celebration; that no entry fee should be charged, and that the Department of Parks and Recreation be assigned the primary responsibility for planning this celebration. Councilman Dyda said he felt that the City ' s anniversary party was important and should take precedence over a July 4th celebration. Councilman Buerk expressed the opinion that such an event should be citizen supported and he did not feel that the City staff should have to be involved. Councilwoman Shaw said she felt the City should sponsor some kind of activity and moved to adopt recommendation #1. The motion was seconded by Mayor Ryan but failed on the following roll call vote: AYES : SHAW AND MAYOR RYAN NOES : DYDA AND BUERK ABSENT: RUTH REPORT ON PATHS AND Councilwoman Shaw reported that TRAILS COMMITTEE the Trails and Paths Committee (701) met and presented maps which delineated both equestrian and walking trails. The Committee will be maintained for another three or four months until the staff can get further into the study. TAXES The City Attorney reported on the (310) status of the tax suit being filed by the City of Hermosa Beach. It was his opinion that the cost would be very high on instigating a similar suit. He recommended that the City look into the new plan of assessment that was currently being considered by the Board of Super- visors of Los Angeles County. It was the general consensus of Council that the City should send a letter to the Board of Supervisors asking them to query the candidates for County Assessor on their position with regard to their method of reassessment. CLARIFICATION OF NOTICE Mayor Ryan suggested that staff (1203) should investigate a way to see if developers could provide more up-to-date lists for notices on public hearing. The suggestion was made that a special stamp be considered for use on the mailing envelopes of such notices. PALOS VERDES DRIVE EAST Public Works Director Pikus - WEED ABATEMENT reported that clearance of these (17 01) weeds had begun and the work should be nearing completion. Additionally, letters were sent to residents requesting that they cut back bushes or trees that were blocking the road. These residents were given ten (10) days to accomplish this removal . If they did not respond, legal action would be taken. Council 735 November 15, 1977 REPORT ON PRECINCT BOUNDARIES Administrative Services Officer AND POLLING LOCATIONS Wunderlin presented the staff (501) memorandum of November 9 , 1977 outlining the subcommittee' s recommendation for consolidation of polling places throughout the City. Councilwoman Shaw moved that staff should proceed to coordinate the recommended changes with the Los Angeles County Registrar-Recorder. The motion was seconded by Councilman Dyda. There being no objection, MAYOR RYAN SO ORDERED. HOUSING COMMUNITY DEVELOPMENT It was the general agreement ACT among councilmembers not to (6 01) accept these funds . TESTING OF PENINSULA Director Hightower suggested RACQUET CLUB LIGHTS (1804) that the Council make an on-site visit to examine the effects of the retrofitted lights on the tennis courts . Council agreed to recess the November 22nd Work Session to make this inspection. Council also set November 28th at 7 :30 p.m. as the date for another Work Session on the Coastal Plan. ADJOURNMENT: At 12 : 55 a.m. Councilman Buerk moved, seconded by Councilman Dyda to adjourn the meeting to November 22nd at 7 : 30 p.m. in council chambers for a work session on the Coastal Specific Plan. There being no objection, MAYOR RYAN SO ORDERED. Lib1-721b A.446-72 /// 400 OR LEONARD G. WOOD, CITY CLERK AND EX OFFICIO CLERK OF THE COUNCIL B y /.. L '. , pfuty AO Council 736 November 15, 1977