Loading...
CC MINS 19760420 MINUTES RANCHO PALOS VERDES CITY COUNCIL Regular Meeting April 20, 1976 Mayor Buerk called the meeting to order at 7:45 p.m. at the Palos Verdes Peninsula Unified School District Building, 30942 Hawthorne Boulevard. Follow- ing the Pledge of Allegiance to the Flag, roll call was answered as follows: PRESENT: Councilmembers Dyda, Ruth, R. Ryan and Mayor Buerk ABSENT: Councilwoman M. Ryan LATE ARRIVAL: Councilwoman M. Ryan, 9:00 p.m. Also present were City Manager Leonard G. Wood, City Attorney Pat Coughlan, Director of Planning Sharon W. Hightower, Public Works Director Dennis J. Pikus, Administrative Services Officer George Wunderlin, Community Services Officer Tom Bandy, Acting Administrative Assistant Trish Eby, and Acting Deputy City Clerk Martha Cunningham. AGENDA APPROVAL On motion of Councilman Ryan, seconded by Councilman Dyda and carried, the agenda was approved as amended, adding discussion of the Lomita Annexation, the "Eleven Days in May" Task Force, and an executive session to discuss matters of litigation. CONSENT CALENDAR On motion of Councilman Ryan, seconded by Councilman Dyda and carried, the consent calendar was approved and staff recommen- dations accepted as follows: BICYCLE AWARENESS DAY Approved proclamation setting Sunday, May 16, (1206) x (304) as "Bicycle Awareness Day". PARKS & RECREATION DAY Approved a proclamation setting Sunday, (304) May 23, 1976 as "Parks and Recreation Day". PROTEST OF ENVIRONMENTAL Denied request of Dayton Realty for refund EXCISE TAX - Dayton Realty of environmental excise tax fees on eleven (150 1) residential units in the City. SCHEDULE FOR TREE Received report from Planning Commission CONTROL ORDINANCE regarding schedule for drafting a tree (1407) x (1212) control amendment to the Development Code. LOMITA ANNEXATION Councilman Ryan reported he and Councilman (105) Dyda had met with the Riviera Homeowners Association regarding the area's possible annexation to Lomita. Councilman Chuck Belba from Lomita summarized his City's interest in annexing the Rolling Hills Riviera, Peninsula Verde, Green Hills cemetery areas. It was moved by Councilman Ryan, seconded by Councilman Ruth, that the City support the Lomita annexation, with the exception of the Green Hills and Peninsula Verde areas. The motion failed, with only Councilman Ryan voting in favor of the motion. It was moved by Councilman Dyda, seconded by Mayor Buerk that the City take no position with respect to the proposed Lomita annexation. The motion failed, with Councilmen Ruth and Ryan voting in opposition to the motion and Council- man Dyda and Mayor Buerk voting in favor. Council 459 April 20, 1976 It was moved by Councilman Ruth, seconded by Councilman Ryan, that the City take a stand not to oppose the proposed annexation, with the provision that the City of Lomita indicate in writing they have no desire to extend their boundaries fur- ther south than the proposed annexation. The motion failed, with Councilmen Ruth and Ryan voting in favor and Councilman Dyda and Mayor Buerk voting in opposition to the motion. "ELEVEN DAYS IN MAY" Steve Heller, 9 Fruit Tree Road, requested TASK FORCE Council endorsement for the "Eleven Days in (304) May" Task Force, a task force of Peninsula residents organized to create community awareness of and to propose solutions to the problem of alcohol abuse among young people on the Peninsula, focusing their efforts between May 16 and May 27, 1976. On motion of Councilman Dyda, seconded by Councilman Ryan and unanimously carried, the Mayor was authorized to issue a proclamation endorsing the "Eleven Days in May" Task Force. WAIVER OF FULL READING OF It was moved by Councilman Dyda, seconded by ORDINANCES & RESOLUTIONS Councilman Ruth and unanimously carried, to waive further reading in full of all ordi- nances and resolutions adopted at this meet- ing with consent to the waiver of reading deemed to be given by all Council- members after reading of the title, unless specific request was made at that time for the reading of such ordinance or resolution. ORDINANCE NO. 83 It was moved by Councilman Dyda, seconded by FIREWORKS REGULATIONS Councilman Ryan and unanimously carried, to (603) waive further reading and adopt ORDINANCE NO. 83, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES RELATING TO PERMITS FOR THE MANUFACTURE, SALE AND DISCHARGE OF FIREWORKS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. On roll call vote: AYES: Dyda, Ruth, R. Ryan, G. Buerk NOES: None ABSENT: M. Ryan RESOLUTION NO. 76-24 Director Hightower reviewed the proposed Amending EIR Review changes to the EIR review process. Follow- Requirements ing some minor changes to the resolution, (1203) on motion of Councilman Dyda, seconded by Councilman Ruth and unanimously carried, the Council adopted RESOLUTION NO. 76-24, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING CERTAIN REQUIREMENTS FOR RE- VIEW OF ENVIRONMENTAL IMPACT REPORTS, AMENDING RESOLUTION NO. 74-28. Tim Burrell, 4038 Exultant Drive, indicated a recent court case had affected Section 11549.5 of the California Business and Professional Code (which section had been cited in Resolution 76-24) . He further indicated he would provide the City Attorney with a copy of the decision from that case. RESOLUTION TO RE-NAME AND Council raised several questions regarding the RECONSTITUTE THE ENVIRONMENTAL terms of the Environmental Assessment Com- ASSESSMENT COMMITTEE mittee members. On motion of Councilman Ryan, (1203) x (1803) seconded by Councilman Dyda and unanimously carried, the matter was continued to the next regular Council meeting. Councilwoman Ryan arrived at this time (9:00 p.m.) and was present for the re- mainder of the meeting. UPPER NIKE SITE - Public Works Director reviewed several alter- INSTALLATION OF GUARD RAILS native methods of installing guard rails to (1503) x (1109) x (1404) prohibit vehicular access to the Crenshaw Boulevard right-of-way and/or Upper Nike Site. Council 460 April 20, 1976 On motion of Councilman Ruth, seconded by Councilman Dyda, the matter was re- ferred to the Traffic Committee for review and recommendation, with notice of the Traffic Committee meeting on the matter to be sent to the homeowners asso- ciation in the area. MIRALESTE DRAIN STATUS REPORT Public Works Director reviewed three alter- (604) natives identified by the L.A. County Flood Control District for the construction of the Miraleste drain, and several alternatives for Council action on the matter. Robert Fillers, 30101 Miraleste Drive, presented a series of slides of the area. It was moved by Councilman Ryan, seconded by Councilman Dyda, and unanimously carried, that the City reapproach the L.A. County Board of Supervisors, calling their attention to the lack of funding for flood control projects in the City of Rancho Palos Verdes, requesting them to fully fund both the Miraleste Drain and Altamira Canyon projects; and that the City Attorney be instructed to in- vestigate the feasibility of withdrawing from the Flood Control District. PALOS VERDES PROPERTIES Director of Planning indicated staff had not DEVELOPMENT PLAN had an opportunity to analyze Palos Verdes (701) Properties' recent request for initiation of General Plan amendment for two parcels. John Pollock, attorney representing Palos Verdes Properties, summarized their request for initiation of General Plan amendment for two large parcels of land. Action on the eight coastal parcels owned by P.V. Properties will be held in abeyance pending development of the Coastal Specific Plan; Palos Verdes Proper- ties hopes to work with staff and provide input on the development of the Specific Plan. The remainder of the Palos Verdes Properties holding will re- quire no General Plan amendment. Mr. Pollock further indicated that, inasmuch as June is the deadline for filing a claim for damages to land, Palos Verdes Properties will be filing such a claim against the City as a precautionary measure. Art Maier, 3711 Vigilance Drive, a member of the Board of Directors of the Palos Verdes South Homeowners Association, expressed concern with the type of construction (i.e. , single family or multiple family dwellings) planned for the two parcels for which amendment is requested. Paul Weisz, 32365 Phantom Drive, urged the Council to adhere to the General Plan. On motion of Councilman Dyda, seconded by Councilwoman Ryan and carried, with Councilman Ryan dissenting, Palos Verdes Properties' request for initiation of General Plan amendment was referred to the staff for review and report. RECESS A brief recess was called at 10:05 p.m. The meeting reconvened at 10:20 p.m. , with the same members present. JULY 4th CELEBRATION Janet Smith, chairperson of the Rancho Palos STATUS REPORT Verdes Bicentennial Committee, presented (305) a status report on the City's July 4th Celebration. Agnes Moss, 6405 Chartres Drive, a representative of the Monaco area to the Bicentennial Committee, urged that fireworks be included as a part of the July 4th celebration, possibly to be funded in whole or in part by citizen contributions. On motion of Councilman Dyda, seconded by Councilman Ryan and unanimously car- ried, the Council voted to support the effort to organize and conduct a Bi- centennial celebration on July 4, 1976, on the Nike Site. On motion of Councilman Ryan, seconded by Councilman Ruth and carried, the Council approved a budget of $1,200 for the JulyAth Bicentennial celebration. On roll call vote: AYES: Dyda, Ruth, M. Ryan, R. Ryan, G. Buerk NOES: None 461 Council April 20, 1976 On motion of Councilwoman Ryan, seconded by Councilman Buerk and carried, the Council voted to officially contact Marineland to encourage them to join with the City in celebrating the Bicentennial by sponsoring a fireworks display on July 4. On motion of Councilwoman Ryan, seconded by Councilman Dyda, and unanimously carried, it was voted that the City celebrate its third birthday in a minimal fashion, giving full enthusiasm and effort to the celebration of the Nation's Bicentennial. HIGHRIDGE ROAD City Traffic Advisor Tom Brohard reviewed the DESIGN CRITERIA cross-sections for development of Highridge (1404)x(1503)x(112) Road proposed by the City of Rolling Hills Estates, by the Rancho Palos Verdes Traffic Committee and by the Traffic Advisor, indicating the advantages and disadvantages of the various designs and identifying several alternatives for Council action. Ray Mathys, representing the City's Traffic Committee, summarized the cross-sec- tion recommended by that Committee. John Shepherd, 6002 Flambeau Road, expressed concern with, the adequacy and safety of a seven-foot wide bikepath and with the safety of a downhill "slolom" bikepath design. City Attorney indicated he had some reservations with the design recommended by the Traffic Committee from the standpoint of liability. It was moved by Councilman Ryan, seconded by Councilman Dyda, that the Council adopt the Traffic Committee's recommendation and present their cross-section to the City of Rolling Hills Estates. Following dsicussion, the motion was withdrawn. It was moved by Councilman Dyda, seconded by Councilman Ryan and unanimously carried, that the Council instruct the Traffic Committee and the staff to work with the City of Rolling Hills Estates in attempting to develop a common cross- section for Highridge Road, taking into account the essential elements of the design recommended by the Traffic Committee. JOYCE WATKINS' RESIGNATION It was moved by Councilwoman Ryan, seconded by FROM TRAFFIC COMMITTEE Councilman Dyda and unanimously carried, that (1503) the Council send a letter of appreciation to Joyce Watkins for her service on the Traffic Committee, regretfully accepting her resignation, and that the Council appoint an individual to fill the vacancy at the next regular meeting. RESOLUTION NO. 76-23 It was moved by Councilwoman Ryan, seconded by REGISTER OF DEMANDS Councilman Dyda and unanimously carried, to (1504) adopt RESOLUTION NO. 76-23, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $462,908.12, DEMAND NUMBERS 2160 THROUGH 2208. AYES: Dyda, Ruth, M. Ryan, R. Ryan, G. Buerk NOES: None COUNCIL REPORTS - Councilwoman Ryan indicated that legislation LEGISLATIVE COMMITTEE regarding coastal legislation and property (310) tax reform would be considered at the next regular meeting. Barbara Hein, 30116 Via Rivera, the City's representative to the Coastal Commis- sion, suggested a work session to acquaint the Council with the provisions of the Coastal Plan and the coastal legislation. It was her suggestion that the Council outline their concerns that she might address them specifically. The Council identified the following concerns with regard to coastal legislation: (1) What properties have been identified for acquisition and which for protection? (2) Who will have jurisdiction over these properties, and what kind of controls Council 462 April 20, 1976 will the City have? To what extent will the City have meaningful input with regard to these properties? (3) What will happen after the lands are acquired? What programs, etc. are planned? (4) Are there any funds provided in the coastal legislation to assist cities which have to provide services to the lands once they are acquired and made available to the public? (5) Will the various approval processes conflict with, duplicate or possibly negate the City's approval processes? (6) Is it the intent of the legislation that the City develop an implementation program to implement the plan? (7) How will the plan work beyond the City's boundaries; will it generate conflicts with other cities/public agencies/public utilities, etc.? (8) What are the bounda- ries of the various zones within the City? It was the consensus of the Council that this matter be considered at the next regular meeting. BEACH COMMITTEE Councilwoman Ryan summarized the actions of (109) the April 12 Beach Committee meeting, indi- cating there would be a delay in the public hearing originally scheduled for Tuesday, May 4. On motion of Councilwoman Ryan, seconded by Councilman Dyda and unanimously car- ried, staff was directed to transmit to the Department of Beaches the Council's support of the Beach Committee's concerns with regard to repair of the fence and access road at Abalone Cove and the installation of attractive and vandal-proof signs in the tidepool area. It was Council's consensus that the parking situation at Abalone Cove be con- sidered at the Council meeting of May 18. It was moved by Councilwoman Ryan, seconded by Councilman Ryan and unanimously carried, that a letter be sent to the West Portuguese Bend Community Association requesting them to attend the May 18 Council meeting, and asking them to formu- late their association's position with regard to the parking problem for Abalone Cove for that meeting. EIRs - CLARIFICATION Councilwoman Ryan indicated that the Environ- OF FISCAL IMPACTS mental Assessment Committee desired clari- (1203)x(1803) fication from the Council as to whether or not the fiscal impacts of a project should be included in the City's environmental impact report. It was moved by Councilman Dyda, seconded by Mayor Buerk and unanimously carried that fiscal impacts be addressed in environmental impact reports submitted to the City. VERDE RIDGE ROAD Public Works Director indicated the project BARRIERS STATUS REPORT is being held pending an opinion from the (1503) City Attorney on the proposed design of the barriers. City Attorney indicated he would have an opinion prepared in approximately tone week... AUTHORIZATION FOR CITY ATTORNEY TO DEFEND CITY - On motion of Councilman Ryan, seconded by Councilman Ruth and unanimously carried, DAYTON REALTY SUIT the Council authorized the City Attorney (103) to defend the City of Rancho Palos Verdes, the City Council of the City of Rancho Palos Verdes, Gunther Buerk, Ken Dyda, Francis D. Ruth, Marilyn Ryan, and Robert E. Ryan, as individuals and as mem- bers of the City Council of the City of Rancho Palos Verdes; the Planning Advisory Committee of the City of Rancho Palos Verdes, Byron Blue, Robert S. Gruhn, Barbara Hein, John C. McTaggart, Ludwig M. Rosenberg, Ann Shaw, and Eleanore Wiedmann, as individuals and as members of the Planning Advisory Com- mittee of the City of Rancho Palos Verdes; the Environmental Services Depart- ment of the City of Rancho Palos Verdes, Sharon W. Hightower, Larry D. Davis, Gary Weber, Julius Johnson, as individuals and as members of the Environmental Services Department of the City of Rancho Palos Verdes; and the law suit styled "Dayton Realty Company vs. the City of Rancho Palos Verdes et al." Council 463 April 20, 1976 PERMIT FEES On motion of Councilman Ryan, seconded by (1203) Councilman Dyda and unanimously carried, staff was directed to investigate the feasibility of requiring the developer of the Mira Verde tract to show cause why the building permits for such tract should not be terminated on the grounds that work has not been continuously performed, and City Attorney was directed to investigate the feasibility of preparing a resolution re-imposing building permit fees on projects that have been under construction for a prolonged period of time, or have been dormant for some time. EXECUTIVE SESSION At 11:55 p.m. , it was moved by Councilman Ruth, seconded by Councilman Ryan and carried, to adjourn to an Executive Session to consider matters of litigation. Council reconvened at 12:45 a.m.. with no action taken. ADJOURNMENT At 12:45 a.m. , it was moved, seconded and carried to adjourn the meeting to May 1, 1976, at 8:00 a.m. in the City Offices for a work session with the Parks and Recreation Committee. e!ft.,/. MAYOR LEONARD G. WOOD, CITY CLERK AND EX OFFICIO CLERK OF THE COUNCIL /10 By 4 A ) d;4!i c feva ty ' Council 464 April 20, 1976