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CC MINS 19761005 M I NUT E S RANCHO PALOS VERDES CITY COUNCIL Regular Meeting October 5, 1976 The meeting was called to order 7:45 p.m. at the Palos Verdes Peninsula Unified School District Building, 30942 Hawthorne Boulevard, Rancho Palos Verdes. Fol- lowing 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 Acting City Manager and Director of Planning Sharon Hightower, Administrative Assistant Trish Eby, Director of Public Works Dennis Pikus, City Attorney Patrick Coughlan, Community Services Officer Tom Bandy, Administrative Services Officer George Wunderlin 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 following: Abalone Cove, Tree trimming contract, City Manager report on mapping system, and the addition of fences to be discussed as part of Item No. 7 under the New Business section of the Agenda. City Attorney Coughlan requested an executive session to discuss matters of litigation. Acting City Manager Hightower informed the Council that there would be an Execu- tive Session at 7:00 p.m. on October 20, just prior to the Council Meeting. WAIVER OF FULL READING OF Councilman Dyda moved, seconded by Council- ORDINANCES AND RESOLUTIONS man Ruth and carried, to waive further reading in full of all ordinances and reso- lutions adopted at this meeting with con- sent 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 read- ing of such ordinance or resolution. CONSENT CALENDAR Councilman Ruth moved, seconded by Council- man Ryan and carried, that the Consent Calendar be approved. MINUTES Approved as presented, the minutes of the City Council meetings of September 7 and September 21, 1976 RESOLUTION NO. 76-72 Adopted RESOLUTION NO. 76-72 - A RESOLUTION STANDARD SPEC. OF THE CITY COUNCIL OF THE CITY OF RANCHO (201) PALOS VERDES ADOPTING 1976 EDITION OF THE UNIFORM STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. # # # # # PUBLIC HEARINGS: TENTATIVE TRACT MAP #32614 The Acting City Manager having reported on (1411) the notice published for this matter, the Mayor then declared the public hearing open for the consideration of the approval of this tentative tract map. Associate Planner Larry Davis described for the benefit of the Council and audi- ence the design features of this tentative tract. He stated the considerations that were given to its development. After his presentation, there followed a period of questions and answers by the members of the Council. Council 531 October 5, 1976 Representing the developer was Mr. Harrison of Pierson Associates. Appearing before the Council in opposition were the following residents of an ad- jacent tract: Mr. Dennis Plunkett, representing Mesa Palos Verdes Homeowners Association. His concerns dealt with density, view obstruction, tennis court lighting, effects of access location on traffic flow and the type of fences to be installed. Mr. Wallace Williams, 5606 Sunmist, voiced his concerns with regard to the heights of the homes to be built and view obstruction. Mr. George W. Hurst, 5612 Sunmist, was also concerned about the loss of view. Councilwoman Ryan moved, seconded by Councilman Ryan and carried that Exhibit "A" to the Resolution be adopted, but that provision for installation of a pedestrian walkway at the northeast corner to the sidewalk at Crenshaw be added as Section 10 to the conditions of the Exhibit. There being no objection, the Mayor so ordered. Councilman Ryan's motion to send the matter back to the Planning Commission failed for lack of support. The Council then proceeded to adopt separately each of the sections in the proposed resolution: Sections 1 through 3 were adopted, with action on Section 4 to follow after study of the Subdivision Map Act by the City Attorney. The Council then pro- ceeded to adopt Sections 5 through 7, with a decision on Section 8 being deferred until after the study of the Map Act. RECESS At 9:10 p.m. Mayor Buerk declared a ten- minute recess. At 9:25 p.m. the meeting re- convened with the same members present. The City Attorney advised that Section 4 of the proposed resolution should be re- vised to read as follows: "Section 4: That the creation of lots and improvements will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare of persons in the surrounding area, nor will it adversely affect the peace, health, safety, or general welfare of the area, since physical improvements, dedications, a conditional use permit, and maintenance agreements are required." On roll call: AYES: M. Ryan, Dyda, Ruth and Buerk NOES: R. Ryan Section 8 was then adopted as presented. On roll call vote: AYES: M. Ryan, Dyda, Ruth and Buerk NOES: R. Ryan Mayor Buerk moved, seconded by Councilman Ruth, to adopt Section 4 as revised. On roll call: AYES: M. Ryan, Dyda, Ruth and Buerk NOES: R. Ryan Section 8 was then adopted as presented. Councilman Dyda moved, seconded by Councilman Ruth, to adopt, as revised, RESOLUTION NO. 76-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING TENTATIVE TRACT MAP NO. 32614. On roll call vote: AYES: M. Ryan, Dyda, Ruth and Buerk NOES: R. Ryan Council 532 October 5, 1976 VARIANCE NO. 6 Director Hightower stated that proper noti- 30159 AVENIDA DE CALMA fication and publication had been made on (1804) this matter. She then proceeded to inform the Council that a new design had been sub- mitted for this variance which had not yet been reviewed by the Planning Commission. Councilman Dyda moved, seconded by R. Ryan and carried, that in view of the fact that the applicant had submitted a revised plan and the Planning Commission had not yet had an opportunity to study the revised plan that the matter be returned to the Planning Commission for deliberation and to hold the appeal fee until the matter has been closed and make an adjustment for the costs incurred. CITY POLICY REGARDING Administrative Assistant Trish Eby reviewed CONTRIBUTIONS TO the background material on this matter and CULTURAL ORGANIZATIONS listed for the Council the alternatives (305) presented in her memorandum of September 28, 1976, to the City Manager. Councilwoman Ryan moved, seconded by Councilman Ryan, that Alternative "A" be adopted as the policy of the City regarding these cultural contributions. The Mayor requested the motion be amended to include that the organizations be advised that they should not become dependent upon these funds and must recognize that these contributions may represent a one-time contribution. On roll call vote: AYES: R. Ryan, M. Ryan, Dyda, Ruth and Buerk NOES: None CITY COUNCIL OPEN HOUSE POLICY Community Services Officer Tom Bandy briefed (305 x 306) the Council on the features of the proposed Open House for new residents as outlined in his memorandum of September 29 to the City Manager. Mrs. Agnes Moss, a resident of the City, appeared before the Council and commented on the areas of the City that would be covered by members of her organization. The Council suggested that possibly the people involved in this activity could contact the League of Women Voters and some of the homeowners associations for literature pertaining to this area that could be distributed at these Open House meetings. On motion of Councilwoman Ryan, seconded by Councilman Ryan, the Council approved the recommendation for the open house and the staff was directed to determine a date for the first such open house. DISCUSSION OF LETTER FROM The Director of Public Works gave the back- SOUTH BAY ENGINEERING RE ground on the letter from South Bay Engi- TENTATIVE TRACT MAP 32991 neering which essentially requested the (1411) standards that would be required in their planning of this tentative tract. Mr. Glen Dawson, a representative of South Bay Engineering, appeared before the Council with a map of this proposed tract and delved into some of the engineering and design aspects of planning this development. He cited the expense involved in the preparation of the land and therefore requested the decision of the Council as to what guidelines should be used with regard to roadway improvements. The Council advised Mr. Dawson to use the guidelines of the staff which would require dedication of right-of-way, construction of curb, gutter, pedestrian and bicycle facilities, paving to the centerline, plus one foot, required lighting, traffic signals, landscaping, drainage facilities, and any necessary roadway realignment. Some discussion followed on the appropriateness of whether or not developers should bear all or part of the cost of installation of traffic signals. Councilman Dyda moved, seconded by Councilwoman Ryan to adopt the recommendation of the staff with the modification that partial signal costs be borne by the City and deletion of the last sentence of the recommendation (". . . .recommended that the staff be given adequate latitude to modify this basic policy when to do so would better serve the public interest.") Council 533 October 5, 1976 There being no objection, the Mayor so ordered. Mr. Dawson was informed by the Council that should the standards of the roadway development plan be relaxed then it would be to his benefit. The Director of Public Works informed the Council that the Master Plan for streets would be forthcoming in approximately six months. ADMINISTRATIVE GUIDELINES Director Hightower briefed the Council on FOR INTERPRETATION OF CODE the present code requirements dealing with FOR SUNDAY WORK & FENCES Sunday work, as outlined in her memorandum (1801) of October 5 to the Council, wherein was quoted Section 9682 "B" of the Code dealing specifically with this matter. Councilman Ryan moved, seconded by Councilman Dyda and carried, to adopt the recom- mendation of the staff to interpret "construction, grading or landscaping activi- ties" to exclude normal residential activities using equipment normally used by residents. The Mayor requested that the motion be amended to include the words "heavy equipment". There being no objection, the Mayor so ordered. SIX-FOOT FENCES It was the consensus of the Council that the (1804) procedure for minor exception permits for the construction of six-foot fences abutting existing six-foot fences should be revised. The City Attorney suggested that perhaps the permit fee should be waived. CALIFORNIA WATER SERVICE Councilman Ryan reported that he would be RATE INCREASE attending the October 6th hearing on the (605) request by California Water Service Company to raise their rates. PLANNING COMMISSION Mel Hughes, a member of the Planning Commis- PROJECT STATUS REPORT sion, appeared before the Council to review (1203) their proposed schedule of priorities as outlined in the Commission's memorandum of October 5, 1976, to the City Council. No action was taken on these priorities since they were to be the subject to dis- cussion at a work session planned for October 7, 1976. REGISTER OF DEMANDS Councilman Dyda questioned the advisability (1504) of making a final payment on the contract with American Aerial Surveys, Inc. since all of the maps had not yet been received from the company, and moved, seconded by Mayor Buerk to remove Warrant #2737 from the Register of Demands. On roll call vote: AYES: R. Ryan, M. Ryan, Dyda, Ruth and Buerk NOES: None Councilman Dyda requested a report on the City's experience with the swimming pro- gram at Miraleste pool. Staff indicated that such a report would be available in the immediate future. Upon motion of Councilwoman Ryan, seconded by Councilman Dyda and carried, RESOLUTION NO. 76-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $71,391.59, DEMAND NUMBER 2692 AND DEMAND NUMBERS 2735 AND 2736, DEMAND NUMBERS 2738 THROUGH 2779. 53 Council 534 October 5, 1976 On roll call vote: AYES: R. Ryan, M. Ryan, Dyda, Ruth and Buerk NOES: None LEGISLATION RE CITY CONTRACTS Councilman Dyda reported to the Council on & PREVAILING WAGES the features of this Senate Bill whereby (Assembly Bill No. 2363) cities would have to pay the prevailing (306) wages on all contracts whether or not pri- vate or public agencies were contracted to perform the work. He felt that the Council should go on record opposing this legislation and explore the possibilities of getting new legislation which would rescind this Bill. Upon motion of Councilwoman Ryan, seconded by Councilman Ryan, the City Attorney was directed to give the Council an interpretation of the impact of this Bill on the City. INTERPRETATION OF After a brief discussion of some of the TWO-STORY ORDINANCE features of the two-story ordinance, (1804) Councilman Dyda moved, seconded by Council- man Ruth, that the City Attorney be directed to set a date for a meeting with the Plan- ning Commission to discuss the provisions and enforcement of this ordinance. There being no objection, the Mayor so ordered. HILDRETH APPEAL Councilman Ryan reported to the Council on (1804) a letter received from Howard Hildreth wherein Mr. Hildreth requested an additional 60 days for him to appeal the decision of the Planning Commission. Councilman Ryan moved, seconded by Councilman Dyda, and carried to grant an addi- tional 60 days to Mr. Hildreth to appeal the decision of the Planning Commission on his building a second story. Elza Cortes, President of the Miraleste Hills Homeowners Association, requested an interpretation of the two-story ordinance and reported on a particular case in the Miraleste Hills area. The Mayor suggested that Mrs. Cortes write a letter to the Planning Commission outlining her association's concerns. Mrs. Cortes' main concern was the notification procedure and requested such notification prior to the start of construction of any two-level or two-story home. The Mayor sug- gested that the staff should look into the increase in cost of expanding the no- tification process and report back to the Council at the next meeting. STATUS OF NIKE SITE Councilman Ruth reported to the Council on (1109) the outcome of the visit of a representa- tive from GSA San Francisco Office to the City Hall. The GSA has had an appraisal of the Nike Site and the City should be prepared to get their own appraisal and be able to make an offer to the Government when negotiations are ready to open. COASTAL LAND ACQUISITION The Mayor reported to the Council that the (309) Pt. Vicente parcel had not been scheduled for purchase by the State Department of Parks and Recreation. He stated that he had been in contact with two state legislators trying to find out the criteria used in the recommendations to pur- chase land by the State. COUNTY SECESSION Councilwoman Ryan reported that she did SOUTH BAY COUNTY not have any updated report to make on (310) this matter. The Mayor reported that at the South Bay Cities Association last Thursday, responses had been received from most of the cities contacted and the association will go ahead with the study of the Council 535 October 5, 1976 feasibility of a separate South Bay County. The Association will have a meeting on November 11, and will report on the findings of the study at that time. Councilman Ryan urged the City Council to get involved in the Petition movement for the Peninsula County, which would consist of Rancho Palos Verdes, Rolling Hills Estates and Rolling Hills. ABALONE COVE Councilman Ryan reported on a letter re- (109) ceived from the West Portuguese Bend Home- owners Association written in response to Mr. Fitzgerald on September 8. Councilwoman Ryan moved, seconded by Mayor Buerk, that we send a letter to the 'County Department of Beaches requesting that they make no changes in the facilities until they have come up with a plan for the development of the entire park. TREE TRIMMING CONTRACT Councilman Ryan questioned the tree trimming (1407) practices of the City's current landscaping contractor. The Director of Public Works stated that the contractor was trimming these trees in conformance with standard guidelines. Acting City Manager Hightower reported that CITY MAPPING REPORT the mapping survey conducted by American (1203) Aerial Surveys, Inc. would be completed within the next week, however, each member of the Council was supplied with an aerial map of the City. EXECUTIVE SESSION At 12:00 a.m. Councilman Dyda moved, with seconding by Councilman Ruth that the Council adjourn to executive session to discuss matters of litigation. The Council reconvened at 12:05 a.m. with the same members present. ADJOURNMENT At 12:15 a.m. Councilwoman Ryan motioned, seconding by Councilman Ruth and carried, to adjourn the meeting to the work session on October 7, 1976. /J / ‘e'/. /( `‘ L� MAYOR LEONARD G. WOOD, CITY CLERK AND EX OFFICIO CLERK OF THE COUNCIL By Ahe 0141 i L 101ta:41 ,1Duty Council 536 October 5, 1976