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CC MINS 19760907 MINUTES RANCHO PALOS VERDES CITY COUNCIL Regular Meeting September 7, 1976 The meeting was called to order at 7:38 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 R. Ryan, M. Ryan, Dyda, Ruth and Mayor Buerk ABSENT: None Also present were City Manager Leonard Wood, Administrative Services Officer George Wunderlin, City Attorney Pat Coughlan, Director of Planning Sharon Hightower, Com- munity Relations Officer Charles Engelbart, Director of Public Works Dennis Pikus, Administrative Assistant Trish Eby and Deputy City Clerk Mary Jo Lofthus. AGENDA APPROVAL On motion of Councilwoman Ryan, seconded by Councilman Dyda and carried, the Agenda was approved as amended, adding discussion of the resignation of Janet Smith as Chairwoman of the Bicentennial Committee, defining the section of the Development Code dealing with Sunday work in the City, procedure on two-story permits, Verde Ridge Barrier, the accident that occurred on Golden Meadow Drive, and the telegram received from the Rapid Transit District. City Manager Wood requested an executive session to discuss matters of litigation. WAIVER OF FULL READING OF Councilwoman Ryan moved, seconded by Council- ORDINANCES AND RESOLUTIONS man Dyda and carried, to waive further reading in full of all ordinances and reso- lutions adopted at this meeting 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 Councilman Dyda moved, seconded by Council- man Ruth and carried, that the Consent Calendar be approved. MINUTES Approved as presented, the minutes of the City Council/Traffic Committee meeting of August 9, 1976, minutes of City Council/ Planning Commission meeting of August 11, 1976, and the minutes of the City Council meeting of August 17, 1976. RESIGNATION OF JANET SMITH Mayor Buerk reported that Janet Smtih, FROM BICENTENNIAL COMMITTEE Chairwoman of the Bicentennial Committee, (305) had submitted her letter of resignation because she will be leaving the country for two years. The Mayor complimented Mrs. Smith on the excellent work done by the Bicentennial Committee on their various events held throughout the Bicentennial year and in particular on the 4th of July celebration held at the Nike Site. Since Janet would not be in the country at the time of the next Council meeting, the Mayor said that Janet would be receiving a proclamation from the City in appreciation of her excellent community efforts. If 11 # # PUBLIC HEARING CONFLICT OF INTEREST The City Manager , having reported on the CODE FOR CITY COUNCIL notice published for this matter, the Mayor (1202) then declared the public hearing open for Council 515 September 7, 1976 consideration of the adoption of this code. City Attorney Coughlan briefed the Council on the requirement of the October 10, 1976, adoption date of this code by the Fair Political Practices Committee which was one of the provisions of the Political Reform Act of 1974. Since there was no testimony offered in opposition to the adoption of the Code, the Mayor declared the public hearing closed. City Manager Wood introduced and read by title RESOLUTION NO. 76-64, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO THE MEMBERS OF THE CITY COUNCIL PURSUANT TO THE POLITICAL REFORM ACT OF 1974. Councilman Dyda moved, seconded by Councilwoman Ryan and carried, that RESOLUTION NO. 76-64 be adopted. There being no objection, the Mayor so ordered. ORDINANCE NO. 85 Following a report by Community Relations DISCHARGE OF FIREARMS Officer Engelbart regarding the necessity (1206) for the adoption of this ordinance, ORDINANCE NO. 85 OF THE CITY OF RANCHO PALOS VERDES PROHIBITING THE DISCHARGE OF FIREARMS AND REGULATING THE POSSESSION THEREOF WITHIN THE CITY AND AMENDING THE CITY OF RANCHO PALOS VERDES MUNICIPAL CODE was introduced for first reading by title. It was moved by Councilman Dyda, seconded by Councilwoman Ryan and carried, that further reading be waived and ORDINANCE NO. 85 be passed to second reading. On roll call: AYES: M. Ryan,' R. Ryan, Dyda, Ruth and Buerk NOES: None ABSENT: None ORDINANCE NO. 85U ORDINANCE NO. 85U OF THE CITY OF RANCHO PALOS DISCHARGE OF FIREARMS VERDES PROHIBITING THE DISCHARGE OF FIREARMS (1206) AND REGULATING THE POSSESSION THEREOF WITHIN THE CITY AND AMENDING THE CITY OF RANCHO PALOS VERDES MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF, was introduced by title. Following discussion, it was moved by Councilwoman Ryan, seconded by Councilman Ryan and carried. On roll call: AYES: M. Ryan, R. Ryan, Dyda, Ruth and Buerk NOES: None ABSENT: None FOURTH OF JULY CELEBRATION City Manager Wood reviewed the Council's AND CITY'S BIRTHDAY previous discussion on this subject when it (305) was decided to continue the matter. Council discussed the pros and cons of combining these two celebrations. Concern was expressed that if they were combined and celebrated on the Fourth of July, that an important historical note on the City's founding would be lost. The suggestion was made to celebrate the City's birthday with a more subdued event,than has been the case in the past, such as with a dinner/dance; however, it was felt that since that would restrict the celebration to adults, the celebration should be something more along the lines of a family-type celebration. At this point in the discussion, the Mayor suggested that we consider separate events for the Fourth of July and the City's Birthday Celebration. Councilman Ruth moved, seconded by Councilman Ryan and unanimously carried to cele- brate these two events separately. There being no objection, the Mayor so ordered. Fourth of July, 1977, Celebration Councilman Ryan moved, with seconding by Councilman Ruth and unanimously carried, to go ahead with the recommendations made in Council 516 September 7, 1976 the August 10, 1976, memo from Janet Smith to the Council. The Mayor suggested that the planning for this event start immediately and that Mrs. Agnes Moss be appointed Chairwoman. Councilman Ryan recommended that Item #5 be changed to indicate that the Committee should present their budget to the Council for approval. There being no objection, the Mayor so ordered. City's Birthday Celebration Councilman Dyda moved, with seconding by Councilman Ruth, that a proposed budget be submitted for this celebration, and that a committee be appointed to take on the task of planning the City's Birthday in September, 1977. There being no objection, the Mayor so ordered. A brief discussion ensued wherein concern was expressed that hopefully these events would be made to pay for themselves. RESOLUTION NO. 76-65 City Manager Wood introduced and read by title only RESOLUTION NO. 76-65 - A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING VARIOUS EMPLOYEE RULES, REGULATIONS AND BENEFITS. Councilman Dyda moved, seconded by Councilman Ryan and carried, to adopt RESOLUTION NO. 76-65. On roll call vote: AYES: M. Ryan, R. Ryan, Dyda, Ruth and Buerk NOES: None ABSENT: None RESOLUTION NO. 76-66 Administrative Services Officer George ESTABLISHING POSITION Wunderlin briefed the Council on the provi- CLASSIFICATION AND sions of this resolution, answering Council's SALARY RANGES questions regarding sick leave and long term (1202) disability program, cost of PERS, health insurance, and the overall cost of the fringe benefit package provided for the City's full-time employees. Section 2 Councilman Dyda moved, seconded by Council- man Ryan and carried, that Section 2 of the resolution should be modified to provide for an increase of 5% instead of 6.5%. This change would reflect the increased cost of fringe benefits. On roll call vote: AYES: R. Ryan, M. Ryan, Dyda, Ruth and Buerk NOES: None ABSENT: None Section 5 Councilman Dyda moved, seconded by Council- woman Ryan, to increase the City Manager's salary by 5% for a total of $2,541 per month. EXHIBIT "B" Section 1.03 Councilman Dyda moved, seconded by Council- man Ryan, to add to the last sentence ". . .this may be granted at the discretion of the Department Head as part of the vacation sick leave." On roll call vote: AYES: R. Ryan, M. Ryan, Dyda, Ruth and Buerk NOES: None ABSENT: None Sections 5 and 5.01 Councilman Dyda moved, seconded by Council- man Ruth, to eliminate the word "bereavement" from these two sections. On roll call vote: Council 517 September 7, 1976 i AYES: R. Ryan, M. Ryan, Dyda and Ruth NOES: Buerk ABSENT: None It was moved by Councilman Dyda, seconded by Councilman Ruth, to adopt Resolution No. 76-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING POSITION CLASSIFICATIONS AND SALARY RANGES FOR CITY EMPLOYEES, ADOPTING A SICK LEAVE/LONG TERM DISABILITY POLICY FOR REGULAR, FULL-TIME CITY EMPLOYEES, AND ADOPTING CERTAIN SALARY INCREASES FOR REGULAR, FULL-TIME CITY EMPLOYEES. On roll call vote: AYES: R. Ryan, M. Ryan, Dyda, Ruth and Buerk NOES: None ABSENT: None RECESS At 9:25 p.m. Mayor Buerk declared a ten- minute recess. At 9:43 p.m. the meeting reconvened with the same members present. REORGANIZATION OF City Manager Wood outlined the proposed ENVIRONMENTAL SERVICES changes in the Planning Department, increasing DEPARTMENT the number of Associate Planners to two. (1202) Councilwoman Ryan moved, seconded by Council- man Dyda, to approve the reorganization. Councilman Dyda suggested, however, that it should be clarified to reflect the fact that the promotional increase for the As- sociate Planner is separate from the increase considered in personnel Resolution No. 76-66. REQUEST TO WAIVE THE APPEAL FEE Director Hightower briefed the Council on the ESTABLISHED BY RESOLUTION NO. 76-6 background of this appeal as outlined in her FOR MINOR EXCEPTION PERMIT #6 memo of September 7, 1976, to the Council. (1804) City Manager Wood further elaborated on the City's philosophy with regard to the appeals fee and referenced the staff's memo of August 31, 1976, on this subject. Mr. and Mrs. Burton Reagan, 28210 Lomo Drive, Rancho Palos Verdes, who were the appli- cants in this matter, stated their views to the Council on why they found it neces- sary to build a six-foot fence which was the initial factor in their appeal for the waiver of the fee. A discussion followed on the waiving of fees with the following ideas being expressed: if an appeal is granted, then the fee should be returned; the Planning Commission should be requested to develop a criteria for fences along Hawthorne Boulevard and the staff was instructed to develop a procedure for administration of same. Councilman Ryan moved, with seconding by Councilwoman Ryan and carried, to waive appeal fee charges. The Mayor recommended that an amendment be made to the motion to indicate that this was outside of the regular procedures and that this did not change anything in the General Procedure and that it was a one-time action by the Council because of the special situation along Hawthorne Boulevard. There being no objection, the Mayor so ordered. It was the consensus of the Council that the matter should go to the Planning Commis- sion for their consideration and development of a procedure whereby if an appeal is successfully appealed, the fee should be refunded and the City would absorb the cost; however, there should be a deterrent to frivolous appealing. Councilman Dyda moved, with seconding by Councilman Ryan and carried, that the staff develop a recommendation on specific changes to be made in our procedure in order to refund appeal fees whenever the appeal is successful. On roll call vote: Council 518 September 7, 1976 AYES: R. Ryan, M. Ryan, Dyda, Ruth and Buerk NOES: None ABSENT: None RESOLUTION FROM THE Councilwoman Ryan moved, seconded by Council- CITY OF SOUTH GATE man Dyda, to receive and file this resolution (1501) from the City of South Gate regarding urging Los Angeles County Board of Supervisors to reduce the District rates of taxes throughout Los Angeles County. RESOLUTION FROM RTD Councilman Ryan moved, seconded by Council- (1505) man Ruth, to receive and file the resolution from the Rapid Transit District regarding funds available under the Urban Mass Trans- portation Act of 1964. LEAGUE OF CALIFORNIA CITIES Councilman Dyda moved, seconded by Council- (306) man Ruth, that Mayor Buerk be designated as the City's voting representative and Mayor Pro Tem R. Ryan designated as the City's alternate voting representative. COMMUNITY CENTER CONTRIBUTION City Manager Wood outlined to the Council the FROM PALOS VERDES MONACO staff's recommendation on the handling of HOMEOWNERS ASSOCIATION this contribution from the Palos Verdes (808 x 1109) Monaco Homeowners Association. He pointed out that too many quesstions had to be an- swered before the City could commit itself to such an undertaking. Councilman Dyda moved, with seconding by Councilman Ryan, and unanimously carried, to accept various donations and send a letter to the Homeowners Association identi- fying the fact that they have made the contribution but that the City had made no commitment to start on the development of a center and at such time as the City does, it will be made known that they were the first to contribute. There being no objection, the Mayor so ordered. TELEGRAM FROM THE RTD The Mayor briefed the Council on the tele- BOARD OF DIRECTORS gram that had been received from the RTD (1505) Board of Directors requesting our City to take a position either for or against the RTD holding the line in the present strike negotiation. Councilman Ryan moved, with seconding by Councilman Dyda and carried, that we sup- port the RTD on holding the line and that a copy of our telegram be sent to Mayor Bradley. That we should add to our support that it was extremely unfortunate that the Supervisors got into the picture without the authorization of the Board of Directors and made an offer to the employees of 21%, and the Council felt that it was irresponsible for them to do so. There being no objection, the Mayor so ordered. It was discussed that the Mayor would draft a letter and send copies to the three Supervisors and Mayor Bradley. The Mayor then discussed his attendance at the City Select Committee meeting on September 2, where Byron Cook was re-elected to the Board of Directors of the RTD. REGISTER OF DEMANDS Councilman Ryan moved, seconded by Council- (1504) man Ruth, that RESOLUTION NO. 76-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $622,507.28, DEMAND NUMBERS 2626 THROUGH 2703 be adopted. On roll call vote: Council 519 September 7, 1976 AYES: R. Ryan, M. Ryan, Dyda, Ruth and Buerk NOES: None ABSENT: None LEGISLATIVE COMMITTEE - Councilwoman Ryan reported that, despite ef- COUNTY SECESSION forts going on within the County to reduce (306) taxes, we still faced a tax increase of 40 to 50 percent for County government. Councilwoman Ryan then moved, seconded by Councilman Ryan and carried, that the Council go on record supporting efforts for secession from Los Angeles County. There being no objection, the Mayor so ordered. Councilwoman Ryan further urged the Council to gather information on this subject within the next two weeks so it could be discussed at the next Council meeting and requested that the secession issue be an on-going item on the Council agenda. Mayor Buerk moved, seconded by Councilman Dyda, that the Council reaffirm its po- sition taken last year on this movement and get involved in the feasibility study for the :South Bay County. Councilman Dyda further commented that if the City was going to lend strength to this cause, it should become involved. Councilman Ryan requested the Council to wait until the next two weeks before endorsing the South Bay Cities Association County movement. The Mayor requested if there was any objection to going along with this. On roll call vote: AYES: M. Ryan, Dyda, Ruth and Buerk NOES: R. Ryan ABSENT: None Councilwoman Ryan reported that the Legislative Committee would be prepared to present a recommendation at the next Council meeting on the Canyon County secession. TREE TRIMMING ORDINANCE Councilman Ryan reported that the City wasn't (1407) trimming trees in parkways and suggested that the staff prepare a recommendation on tree trimming. City Manager Wood told the Council that the landscaping contractor would need special equipment for this work and the cost of it would come out of the General Fund Tax. Planning Commission member John McTaggart responded to the Council's question on the disposition of the tree trimming ordinance and informed them that a work session had been held on the ordinance and it was returned to the Planning Commission. Public Works Director Dennis Pikus reported that the ordinance not only dealt with trees on parkways, but all trees, and research was being done on how other cities were handling this and consideration had to be given on how the cost would be handled: would it be a shared cost or would one party pay all the cost. He told the Council that a policy would be forthcoming in 30 to 60 days. Councilman Ryan moved, seconded by Councilman Dyda and carried, that the staff prepare a report within 30 to 60 days on trimming for view, and how this was going to impact the budget and also to include cost impact of trimming existing trees. On roll call vote: AYES: M. Ryan, R. Ryan, Dyda, Ruth and Buerk NOES: None ABSENT: None Council 520 September 7, 1976 ANTENNA ORDINANCE After discussing some of the elements of the (1804) antenna ordinance, it was the consensus of the Council to wait until they had each reviewed a draft of the proposed ordinance and then decide at the next Council meeting whether or not a public hearing should be set or have it returned to the Planning Commission. On roll call vote: AYES: R. Ryan, M. Ryan, Ruth NOES: Dyda, Buerk ABSENT: None DEVELOPMENT CODE - Councilman Ryan moved, seconded by Councilman WORK ON SUNDAY Ruth, that the portion of the Development (1203) Code dealing with Sunday work be amended with regard to the use of heavy machinery and not prohibit do-it-yourself type work by a homeowner. On roll call vote: AYES:. R. Ryan, M. Ryan, Dyda, Ruth and Buerk NOES: None ABSENT: None TWO-STORY PERMIT Councilman Ruth questioned the height guide- (1804) lines used on two-story permits and stated he didn't agree with the reasons for turning down the permit for Howard Hildreth. Mrs. Elza Cortes, President of the Miraleste Hills Homeowners Association, questioned the procedure followed when requests are made to build two-story houses. She also questioned some of the provisions of the Development Code with regard to the con- struction of two-story homes. It was the feeling of the Council that this was one matter which should be added to possible changes to be made in the Development Code. On motion by Councilman Ryan, seconded by Councilman Ruth and carried, it was decided that this matter would be considered as a possible revision to the Code. ACCIDENT ON GOLDEN MEADOW Councilman Ruth briefed the Council on the (1503) circumstances surrounding the accident in- volving a run-away truck on Golden Meadow Drive, and made a motion, seconded by Council- man Ryan and carried, to refer to the Traffic Committee the suggestion that certain streets within the City be designated as dangerous truck streets, and have lowered speed limits posted along with the installation of "USE LOW GEAR" signs. VERDE RIDGE Councilman Ryan questioned the completion (1404) (1503) date of this barrier. Public Works Director Pikus said that the bids would be opened on September 13 and that the work was scheduled to start within two weeks from that date. Mr. Pikus further explained some of the design features of the barrier. ALATORRE BILL City Manager Wood reported on his efforts to (306) gather information on the impacting of the Alatorre Bill as outlined in the memo of September 1 on this item. Since no new in- formation was available, the City Manager will report on this subject in October. EXECUTIVE SESSION At 12:10 a.m. Council adjourned to executive session to discuss matters of litigation, on motion of Councilman Ryan, seconded by Councilman Dyda. The meeting reconvened at 12:50 a.m. with no action taken. Council 521 September 7, 1976 ADJOURNMENT At 12:55 a.m. it was moved by Councilman Ryan, seconded by Councilman Ruth to adjourn the meeting. 7/e,f,,g,r1.4e- Mayor LEONARD G. WOOD, CITY CLERK AND EX OFFICIO CLERK OF THE COUNCIL Omh By eputyAO Council 522 September 7, 1976