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CC MINS 19760803 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL Regular Meeting August 3, 1976 The meeting was called to order at 7:40 p.m. at the Palos Verdes Peninsula Unified School District Building, 30942 Hawthorne Boulevard, Rancho Palos Verdes. Following the Pledge of Allegiance to the Flag, roll call was answered as follows: PRESENT: Councilmembers M. Ryan, Ruth and Mayor Buerk ABSENT: Councilmember R. Ryan LATE ARRIVAL: Councilman Dyda arrived at 7:45 p.m. and was present for the remainder of the meeting. Also present were City Manager Leonard G. Wood, Planning Director Sharon Hightower, Administrative Assistant Trish Eby, Director of Public Works Dennis Pikus, City Attorney Pat Coughlan, Administrative Services Officer George Wunderlin, and Deputy City Clerk Mary Jo Lofthus. AUDIENCE QUESTIONS: Responding to the Mayor's call for questions DISPUTE BETWEEN NEIGHBORS from the audience on items not on the Agenda was Mitchell Salmonson, 3509 Colt Road, Rancho Palos Verdes, who described to the Council a dispute existing between him and his neighbor over the height of a retaining wall between their properties. Council referred the matter to staff for review to ascertain if there was a zoning violation. AGENDA APPROVAL Mayor Buerk requested that the public hearing on items 1 and 2 be heard after approval of the Consent Calendar. City Manager Wood conveyed to the Council the request of Palos Verdes Estates Mayor Peppard to postpone the hearing on Agenda Item #9 (Appeal of Negative Declaration - Appellant City of Palos Verdes Estates) for another two weeks. Mr. N. E. Nordahl, agent for the applicant, informed the Council that since he had satisfied the requirements of the City of Palos Verdes Estates he saw no reason for delaying the matter. Mayor Buerk inquired of the Council the action they wished to take on this matter, whereupon Councilwoman Ryan moved, seconded by Councilman Dyda, and unanimously carried, that the matter not be delayed. Councilman Ruth moved, with seconding by Councilwoman Ryan, and unanimously carried, that the Agenda as amended be approved. WAIVER OF FULL READING OF It was moved by Councilwoman Ryan, seconded ORDINANCES & RESOLUTIONS by 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 councilmembers after 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 Councilwoman Ryan, seconded by Councilman Dyda and carried, the Consent Calendar was approved and staff recommenda- tions accepted as follows: MINUTES Approved, as presented, the minutes of the meeting of July 20, 1976. Council 502 August 3, 1976 CITY ENGINEER Approved this agreement between City and TRACT MAP & PARCEL County Engineer. MAP CHECKING AGREEMENT (505) APPLICATION OF SO. Received and filed Application of So. Cali- CALIFORNIA EDISON fornia Edison for Tariff providing for (1601) increased rates. PUBLIC HEARINGS: TENTATIVE TRACT NAP NO. 32673 The Mayor declared the hearing open to con- (ALTA VISTA) sider the application of South Bay Engineering. (1411) Director Hightower gave a brief outline of the procedure that had been followed on bringing this matter to its present stage. Associate Planner Larry Davis further described features of the tentative tract with the use of area maps that had been set up for Council and audience viewing. Mr. Davis pointed out some of the areas of concern in the development of this tract: project access; view impact; and protection of the Palos Verdes Blue Butterfly habitat, the resolution of which was described in the Planning Commission's memorandum of June 22, 1976 to the Director of Planning. The Council then discussed some of the features of the alternate access locations, with concern being expressed over the resultant traffic hazards of the various access points. Ron McAlpin, a representative of South Bay Engineering, clarified some of the questions raised during the Council discussion especially with regard to the area of street and curb design. Mr. Dawson of South Bay Engineering came before the Council and noted that his firm had fully researched this matter and felt that they had made adequate provision for insuring proper design of the curbs, pointing out several areas on the Peninsula where this proposed type of curb was successful from both a maintenance and appearance standpoint. Mr. Dawson proceeded to inform Council of the precautions that were planned for the protection of the Palos Verdes Blue Butterfly, citing that their habitat would be moved to a protected area. Mr. Victor Cabas, a resident (31021 Marne, Rancho Palos Verdes) , voiced his opinion on the proposed access and requested consideration be given to another location of the park entrance. Mrs. Carol Hammit, 30813 Marne Drive, Rancho Palos Verdes, suggested pedestrian access to both the park and the golf course. Dave Diestel, Chairman of the Traffic Committee, and Ann Shaw, Chairwoman of the Planning Commission, answered some of the questions of the Council with regard to the tract access. At this point, Mayor Buerk declared the hearing closed, and the Council proceeded to discuss the subject further with the areas of tract access and pedestrian walk- ways being determined as the points of major concern. Councilman Dyda moved, with seconding by Councilwoman Ryan, to adopt Alternate No. 2, retaining the northerly access and extending the entrance to Palos Verdes Park to re- align with Dupre. On roll call vote: AYES: M. Ryan, Ruth, Dyda, Buerk NOES: None ABSENT: R. Ryan Discussion of pedestrian access to the golf course and Palos Verdes Park followed with Councilwoman Ryan moving, with seconding by Councilman Dyda, and unanimously carried, that contents of Exhibit "A" be amended to provide the most appropriate non-specific location for pedestrian walkways to golf course and Palos Verdes Park. Councilman Dyda moved, with seconding by Councilman Ruth and unanimously carried, to adopt Resolution No. 76-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING TENTATIVE TRACT MAP NUMBER 32673. Council 503 August 3, 1976 APPEAL OF PLANNING Director Hightower summarized the back- COMMISSION DENIAL ground on this Conditional Use Permit CONDITIONAL USE PERMIT #13 applied for by Cayman Development Company. (1804) Mr. Don Owen, a representative of Cayman Development Properties, listed for the Council some of the reasons why this project should be approved. City Manager Wood reported that two letters from property owners in the area had been received by the City supporting the construction of the tennis court. Mr. and Mrs. Melvin Kaplan, residents of the area, presented their views in opposition to the court, citing reasons of noise and aesthetics. Messrs. Klaus Schuegraf and Victor Cabas, also residents of the area, expressed their oppo- sition to the tennis court. Council then discussed convenants that had been provided covering landscaping, maintenance, and conditions governing the joint ownership. City Attorney Coughlan then informed Council that an adequate agreement could be drawn up to enforce the conditions of the special permit. Council proceeded to make the following modifications to the resolution. Section 6 changed to allow the construction of a 10 foot fence; Part 4 (added to Section 6) shall be added to prohibit lighting of the court; and Part 5 (added to Section 6) Maintenance Conditions. Court's landscaping and irriga- tion systems are to be maintained in good condition, and failure to do so will result in revocation of the Conditional Use Permit, thus requiring the tennis court to be removed at joint expense of property owners. Councilman Ruth moved, with seconding by Councilwoman Ryan, to approve the resolution as amended. RESOLUTION NO. 76-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES GRANTING A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY. On roll call: AYES: M. Ryan, Dyda, Ruth, Buerk NOES: None ABSENT: R. Ryan The appeal was sustained. RECESS At 10:30 p.m. Mayor Buerk declared a ten minute recess. At 10:45 p.m. the meeting reconvened with the same members present. RESOLUTION NO. 76-54 Public Works Director Dennis Pikus FUNDING UNDER SENATE BILL 821 briefed the Council on the funds avail- (112) able under this Senate Bill. On motion of Councilman Dyda, seconded by Council- woman Ryan and unanimously carried, RESOLUTION NO. 76-54, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SUBMIT INDIAN PEAK ROAD FOR FUNDING UNDER SENATE BILL 821 was adopted. IMPROVEMENT DISTRICT NO. 1 On motion of Councilwoman Ryan, seconded (901) by Councilman Dyda and unanimously carried, the public hearing on Improvement District No. 1 was continued to August 17, 1976. COUNTY SERVICE AREAS Mayor Buerk briefed the Council on the fea- (308 x 310) tures of the Alatorre Bill, and City Attor- ney Coughlan summarized from his memorandum of July 20 which analyzed the matter of County Service Areas. Councilwoman Ryan urged that the City continue to put pressure on the Board of Supervisors for support of this Bill. Discussion fol- lowed on setting up a special district for such items as animal control and law enforcement district. City Manager Wood noted that the contract cities were in- terested in such objectives as animal control and that the Board of Supervisors Council 504 August 3, 1976 had formally gone on record as being against establishment of service contracts. Further discussion followed with regard to: putting pressure on the County to pay for service provided to unincorporated areas from the additional taxes raised in those areas and the financial impact on contract cities as opposed to an in- dependent City. The staff was requested to develop a rough financial analysis of this matter. City Manager informed the Council that the League of California Cit- ies will be issuing their recommendation shortly. Mayor Buerk requested that the staff have a status report on this matter of the League's recommendations and an overview of the City's position for the next Council meeting. COASTAL LEGISLATION Councilwoman Ryan gave a progress report on (309) Senate Bill 1277, and on both the Cullen and Keene bills, indicating that there was a hear- ing on the legislation within the past two days and that amendments had been made to the bill but she had not yet been ap- prised of the contents of those amendments. She further reported that upon her return from Sacramento she would be able to provide an up-to-date report on this legislation. Barbara Hein presented a supplemental summary of Senate Bill 1277, listing some of the proposed changes in the Bill. APPEAL OF Planning Director Sharon Hightower reported NEGATIVE DECLARATION to the Council on the history of this appeal (Via Campesina) which was outlined in her memorandum of Aug- (1804) ust 3, 1976, to the City Council. Mr. N.E. Nordahl, representing the applicant, requested that the provisions listed in his firm's letter of July 15, 1976, to the City be included in the tentative tract map since these were items that concerned the City of Palos Verdes Estates. Councilwoman Ryan then moved, seconded by Councilman Dyda, that the Council deny the appeal of Palos Verdes Estates since there were no significant findings in- consistent with the General Plan. On roll call voter AYES: M. Ryan, Dyda, Ruth, and Buerk NOES: None ABSENT: R. Ryan Staff was directed to prepare a letter to be sent to Palos Verdes Estates stating the City's concern on this matter and our willingness to cooperate with them as this project progresses. STREET SWEEPING CONTRACT Director of Public Works Dennis Pikus briefed (1405) the Council on the status of the City's present street sweeping contract and the results of his seeking bids from other street sweeping compan- ies. The Council questioned the Director on some features of the contract such as: number of curb miles swept in the City, and curb miles swept per year. Councilman Dyda cited some shortcomings of the present street sweeper and requested a clause be inserted recommending the maximum speed at which the curbs should be swept. Jere Costello appeared before the Council stressing what he felt were shortcomings of low bidder, Sweep-It-Rite. Representatives of Sweep-It-Rite were present to answer the questions of the Council regarding their experience in this business and the condition of the equipment, and plans for purchase of new equipment. Coun- cilman Dyda then moved, with seconding by Councilwoman Ryan, and unanimously car- ried, that the Council accept the recommendations of the staff with the modifica- tion discussed by Council and authorize the Mayor to sign the contract. On roll call: AYES: M. Ryan, Dyda, Ruth, and Buerk NOES: None ABSENT: R. Ryan 505 Council August 3, 1976 LETTER FROM ROLLING HILLS ESTATES Ray Mathys, Chairman of the Rolling Hills RE: HIGHRIDGE DESIGN IMPROVEMENTS Traffic Committee, briefed the Council on the impasse situation which existed be- tween members of the Rolling Hills Estates Traffic Committee and the Rancho Palos Verdes Traffic Committee on the road de- sign improvements for this section of Highridge. He further distributed to the Council a map outlining the area at issue. Mr.Mathys stressed that the basis of concern was really one of cost. After a discussion of the matter between the Council, Mr. Mathys and the Director of Public Works, Mayor Buerk directed staff to develop a cost estimate on the three possible designs: the way it was orig- inally designed, the design requested by Rolling Hills Estates, and the design sought by Rancho Palos Verdes. Director Pikus indicated that since he was going on vacation, the estimate would be presented to Council the first meeting in September. INTERSECTION OF Councilman Dyda moved, with seconding by CREST AND CRENSHAW Councilman Ruth and unanimously carried, (1212 x 1411) that the matter be referred to the Traf- fic Committee. REGISTER OF DEMANDS Councilwoman Ryan moved, with seconding (1504) by Councilman Dyda and unanimously car- ried, that Resolution No. 76-51 - A RES- OLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $217,136.17, DEMAND NUMBERS 2513 THORUGH 2585 be approved. On roll call vote: AYES: M. Ryan, Dyda, Ruth, and Buerk NOES: None ABSENT: R. Ryan Councilman Ruth questioned Warrant No. 2584 and Administrative Services Officer Wunderlin briefed the Council on the background of this refund on Environmental Excise Tax. EXECUTIVE SESSION At 12:15 a.m. Councilman Dyda moved, with seconding by Councilman Ruth, and unanimously carried, that Council adjourn to Executive Session to discuss legal matters. Council reconvened at 12:16 a.m. with no action taken. ADJOURNMENT At 12:25 a.m. , Councilman Dyda moved, with seconding by Councilman Ruth, that Council adjourn to August 9, 1976, at 7:30 in Council Chambers, 30942 Hawthorne Boulevard, for a joint meeting with the Traffic Committee. MAYOR /7°'1-4- 4& LEONARD G. WOOD, CITY CLERK AND EX OFFICIO CLERK OF THE COUNCIL / ALIAL. - J. t D -1uty Council 506 August 3, 1976