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CC MINS 19750826 ADJ M I N U T E S RANCHO PALOS VERDES CITY COUNCIL Adjourned Regular. Meeting August 26, 1975 The meeting was called to order at 7:48 p.m. by Mayor Ryan at the Palos Verdes Peninsula Unified School District Building, 30942 Hawthorne Boulevard. Following the Pledge of Allegiance to the Flag, roll call was answered as follows: PRESENT: Councilmen Gunther Buerk, Ken Dyda, F. D. Ruth, Robert E. Ryan, and Mayor Marilyn Ryan ABSENT: None Also present were City Manager Leonard G. Wood, City Attorney Pat Coughlan, Public Works Director Dennis Pikus, Community Services Officer Tom Bandy, and Deputy City Clerk Dee Krebs. PUBLIC HEARING - Mayor Ryan declared the hearing open to con- INVESTIGATION REPORT sider the Investigation Report regarding the RPV Improvement District No. 1 Rancho Palos Verdes Improvement District (Forrestal Drive) No. 1. Following an explanation and summarization of the Investigation Report by the County Engineer, the Clerk reported that no written protests had been received. There being no response to the call for oral protests, the hearing was closed. WHEREUPON, it was moved by Councilman Dyda, seconded by Councilman Ryan, and unani- mously carried, to waive further reading and adopt RESOLUTION NO. 75-61 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES MAKING FINDING OF FEASIBILITY FOR UTILITY CONVERSION IN FORRESTAL DRIVE AND OTHER RIGHTS OF WAY. Mr. Robert Moller, the County Engineer, gave a brief summary of the historical background leading to the proposed formation of the improvement district and an- swered Council questions regarding cost factors. PUBLIC HEARING - The Mayor then declared the hearing open to RESOLUTION OF INTENTION consider the resolution of intention. In (RPV Improvement District No. 1) response to questions from the City Attorney, the County Engineer stated that he was fa- miliar with the plans, specifications and map of the district to be assessed for improvement; that no area of the improve- ment district was within the boundaries of any other city or unincorporated area; and that, in his opinion, all the properties within the boundaries of the district would be benefited by the improvement. City Attorney then asked the Clerk to read the names of those submitting written protests explaining that if the protests ex- ceeded 50% of the area in the district the City Council, by law, had no alternative but to abandon the district. The Clerk read names of the protestants as follows: Harold J. Ballatin Mitchell & Marilyn Mardesich 3535 Heroic Drive 3750 Vigilance Drive Robert & Paula Grahamer Stanley & Madge Mason 32427 Searaven Drive 3730 Vigilance Drive Charles & Dorothy Gramlich Albert & Margaret Mills 32420 Searaven Drive 32360 Phantom Drive Mr. & Mrs. Richard Harrington G. H. and Patricia Norton 32405 Searaven Drive 3518 Vigilance Drive Barry J. Hildebrand Richard F. Ohlemacher 3560 Vigilance Drive 32421 Searaven Drive Jack & Linda Kelly Keith C. Paulson 32434 Searaven Drive 32236 Searaven Drive Janice & Terry Krekonian Ray V. Perrin 3512 Heroic Drive 32428 Searaven Drive Council 377 August 26, 1975 • F. Dennis & Alice S. Pryor Darrell and Bernice Thompson 3571 Vigilance Drive 3610 Vigilance Drive Kurt Rathman Sid & ,Sheila Weiss 3624 Vigilance Drive 32444 Searaven Drive Hugh T. & Maria E. Smith 32237 Phantom Drive Herbert Stark 32306 Phantom Drive The Clerk also read names of 54 signators of a petition protesting the conversion of existing overhead electric and communications facilities to underground locations. County Engineer then summarized the nature of the protests as follows: project too costly, length of construction time and nuisance factors, bond interest rates too high, wastefulness of project, no effect on assessed value of the property, and change in ownership reduces validity of original petition. Mr. Moller stated that the original petition contained 122 signatures representing 37.31 acres of assess- able land within the proposed district. This sign-up represented 62% of the as sessab le district area and that 103 petition signers still own property in the re- vised district representing 67% of the total assessable area. Following the written protests, the Mayor indicated oral protests were in order and the following people spoke in opposition: Mr. George Norton, 3518 Vigilance Drive, who cited cost factors; Dr. Y. Aelony, 3632 Vigilance Drive, who voiced concern for effect undergrounding would have on geology of area. Mr. Ray Perrin, 32428 Searaven Drive, stated the scope of the project was not clearly set out in the original petition and asked that it be read and Mr. Barry Hildebrand, 3560 Vigilance, pro- tested the procedure used to obtain signators for the petition. Mr. Michael Alper, 3742 Vigilance, said the content relating to cost in the original petition was too vague; and Mr. Kurt Rathman, 3624 Vigilance, and Frederick Laing, 3519 Heroic Drive, cited'cost factors. Mr. William Healy, representing the Palos "Verdes Unified School District, reported:=that the School District has asked to be deleted from the district, butidue to the lateness of their request, would have,to remain in the district. The following people spoke., in favor of the improvement district: Jan Todosiea, 32326 Phantom Drive, Mickey Rodich, 32318 Searaven Drive, Arthur Meier, 3711 Vigilance Drive, C. V. Agnew, 32261 Phantom Drive, Marcia Hebert, 3552 Vigilance Drive, and Madelyn Creighton, 3562 Heroic Drive. After all protests were heard, the hearing was declared closed. County Engineer indicated that calculations of protests represented less than 50% of the area in the district and City Attorney indicated Council must determine whether or not to proceed with the district. It was moved by Councilman Buerk, seconded by Councilman Dyda, and unanimously car- ried, to find that the protests represented less than 50% of the area of the dis- trict. It was then moved by Councilman Ryan, seconded by Councilman Dyda, and carried unanimously, to deny all protests and: proceed with the district. On motion of Councilman Buerk, seconded by Councilman Dyda, and carried unanimously, Council approved agreements with Southern California Edison Company, General Telephone Company, and Palos Verdes Peninsula Cable and authorized the Mayor to sign them. Whereupon, RESOLUTION NO. 75-62 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDERING IMPROVEMENT MADE FOR UTILITY CONVERSION IN FORRESTAL DRIVE AND OTHER RIGHTS OF WAY was read by title, further reading waived and adopted on unanimous motion of Councilman Dyda, seconded by Councilman Ryan. RECESS At 9:35 p.m. , a recess was called and the meeting was reconvened at 9:55 p.m. with the same members present. RES. NO. 75-63 Council considered a resolution estab- APPT. OF COMMISSIONS lishing Council procedures for appoint- (307 x 305) ment of commission members. Following discussion, it was the consensus of Council to amend Section 1 of the resolution to read as follows: "The City Council shall appoint such commissions as it may find necessary." RESOLUTION NO. 75-63 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS Council 378 August 26, 1975 VERDES ESTABLISHING THE CITY COUNCIL RULES AND PROCEDURES COVERING THE APPOINTMENT OF COMMISSION MEMBERS AND CHAIRPERSONS was read by title, further reading waived, and adopted on motion of Councilman Dyda, seconded by Councilman Ryan, and carried unanimously. RES. NO. 75-64 RESOLUTION NO. 75-64 OF THE CITY COUNCIL OF APPT. OF COMMITTEES THE CITY OF RANCHO PALOS VERDES ESTABLISHING (307 x 305) CITY COUNCIL RULES AND PROCEDURES COVERING THE APPOINTMENT OF COMMITTEE MEMBERS AND CHAIRPERSONS was read by title. Further reading was waived and the resolution adopted unanimously on motion of Councilman Dyda, seconded by Councilman Ryan. EXECUTIVE SESSION At 10:09 p.m. , on motion of Councilman Dyda, seconded by Councilman Ryan, and carried, Council adjourned to Executive Session to hear a report by special counsel to the attorney-client privilege. At 10:45 p.m. , Council reconvened with the same members present. BUILDING & GRADING After a brief report by Mr. Jim Erickson, PERMITS special counsel, it was moved by Councilman Dyda, seconded by Councilman Ryan, and carried unanimously to: 1) Direct the staff to notify all owners, subdividers and/or developers of recorded, final subdivisions which are inconsistent with the City's General Plan or zoning, and for which no building permits have been issued, that no grading, building or other such permits necessary for development of such subdivisions will be issued; 2) Direct the staff to take all necessary action to secure the transfer of all pub- lic utility and street easements and rights of way from the County to the City of Rancho Palos Verdes, including immediate specific conveyance of those associated with recorded, final subdivisions for which no building permits have been issued; 3) Direct staff to notify all of the appropriate governmental agencies and officials not to issue grading, building or other such permits necessary for development of such subdivisions. EXECUTIVE SESSION On motion of Councilman Ruth, seconded by Councilman Dyda, at 10:50 p.m. , Council again adjourned to Executive Session to dis- cuss personnel matters. Council reconvened at 12:49 a.m. with the same members present with no action taken. RESOLUTION It was the consensus of Council to direct COMMENDING staff to prepare a resolution commending GOALS COMMITTEE the work of the Goals Committee. (305) ADJOURNMENT At 12:55 a.m. , it was moved, seconded and carried to adjourn the meeting. 45/".'Aged4Jim...- 1 :01R LEONARD G. WOOD, CITY CLERK AND EX OFFICIO CLERK OF THE COUNCIL By ' 1't�1 -4( r / Deputy Council 379 August 26, 1975