CC MINS 19761103 ADJ MINUTES
RANCHO PALOS VERDES CITY COUNCIL
Regular Adjourned Meeting
November 3, 1976
The meeting was called to order at 7:45 p.m. at the Palos Verdes Peninsula Unified
School District Building, 30942 Hawthorne Boulevard, Rancho Palos Verdes. Follow-
ing the Pledge of Allegiance to the Flag, roll call was answered as follows:
PRESENT: Councilmembers R. Ryan, M. Ryan, Dyda and Mayor Buerk
ABSENT: Councilman Ruth
11/ LATE
ARRIVAL: Councilman Ruth at 7:50 p.m.
Also present were City Manager Leonard Wood, Director of Planning Sharon Hightower,
Administrative Assistant Trish Eby, Director of Public Works Dennis Pikus, City
Attorney Mary Walker, Administrative Services Officer George Wunderlin and Deputy
City Clerk Mary Jo Lof thus.
GOLDEN BATON AWARD Mr. Phil Krause of the Peninsula Symphony
(305) presented Mayor Buerk with the Golden
Baton Award in appreciation of the City's
contribution to that organization.
COUNCILWOMAN RYAN'S The Council congratulated Mrs. Ryan on her
ELECTION TO THE election to the California State Assembly.
STATE ASSEMBLY
(306)
AUDIENCE QUESTIONS: Mr. William Hauf, the owner of a lot lo-
GRADING cated at 7449 Via Lorado, came before the
(1203) Council and related to them the difficul-
ties he has experienced in obtaining ap-
proval to grade his lot to facilitate the
building of a home.
Also appearing before the Council on the same subject was Mr. Charles Lamoreaux,
28012 Santona, Rancho Palos Verdes.
After a discussion on the possible ways and means of handling these hardship cases,
Councilman Dyda moved, seconded by Mayor Buerk, and carried, to direct the City
Attorney to prepare a report for presentation at the next Council meeting listing
alternatives on handling this type of case so the Council could take some action
or direct the necessary changes.
There being no objection, the Mayor so ordered.
SUNDAY WORK Mr. John McTaggart, 6916 Purpleridge Drive,
(1801) appeared before the Council and related the
problems he was experiencing with one of
his neighbors who was operating power tools
in the early hours of the morning. He requested that a procedure be established
whereby when somebody is issued a permit at the County Offices in Lomita that they
be apprised of the hours of operation.
It was the consensus of the Council that the staff should make some recommendations
on tightening any loopholes in the ordinance.
AGENDA APPROVAL On motion of Councilman Dyda, seconded by
Councilwoman Ryan, and carried, the Agenda
was approved as amended, adding discussion
of the following: procedure to be followed in filling Councilwoman Ryan's seat
on the Council, Proclaiming November as We TIP month, Franchise Committee report on
Council 543 November 3, 1976
undergrounding project, and Planning Commission memorandum of November 1, 1976, out-
lining proposed amendment to the Grading Ordinance.
WAIVER OF FULL READING OF Councilman Dyda moved, seconded by Council-
ORDINANCES & RESOLUTIONS man Ruth 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 Ryan and carried, that the Consent
Calendar be approved.
MINUTES Approved as presented, the minutes of the
City Council meeting of October 20, 1976.
11 # lit 11 #
VARIANCE NO. 6 Director Hightower advised the Council on
30159 Avenida de Calma the background of this variance, citing
(1804) the fact that just prior to this being
heard at the public hearing on October 5,
1976, the applicants submitted a new design
of the project and therefore when it came before the Council at that time, it was
referred back to the Commission for their review. This hearing was a continuance
of the October 5 hearing.
Mr. Mel Hughes, a member of the Planning Commission, reported to the Council on the
Planning Commission's hearing on this matter. It was the feeling of two members
of the Commission that they could make the necessary findings, as it was their opinion
that the Horowitzes could not enjoy their view and use their backyard, and that
constituted a hardship.
It was the majority opinion that they could not make the necessary findings: the
house was built above its pad; the home was located at the extreme rear of the lot;
and the house was much farther back on the lot than any other house in the area.
The majority opinion was that the claimed hardship was self-made, therefore they
could not make the necessary findings.
Mrs. Horowitz, the applicant for this variance, appeared before the Council accom-
panied by the architect of this project, Mr. Thomas Schorer, 916 Silver Spur Road,
Rolling Hills Estates, and presented slides of the proposed deck for Council and
audience viewing.
Appearing in opposition to the proposed deck was Mr. John Provenzano, 7240 Crest
Road, whose home is directly in back of the Horowitz residence. Mr. Provenzano
considered the deck and its use would be an intrusion of his privacy, since it
would overlook his backyard and into the rear of his home.
The Council discussed the interpretation of Section 9731 (Justification, Paragraph
A) of the Development Code which defined, among other things, "extraordinary
circumstances". Councilman Ruth moved, seconded by Councilman Ryan, and carried,
that no extraordinary circumstances existed in this case. On roll call vote:
AYES: R. Ryan, M. Ryan, Dyda, Ruth and Buerk
NOES: None
ABSENT: None
Councilman Ryan moved, seconded by Councilman Ruth, and carried, that permission to
build the deck be denied since no extraordinary circumstances existed, and therefore
the variance failed to qualify under Section "A" of the Variance Justification.
On roll call vote:
AYES: R. Ryan, ,M. Ryan, Dyda, Ruth and Buerk
NOES: None
ABSENT: None
Council 544 November 3, 1976
GRADING APPLICATION NO. 56 Director of Planning Sharon Hightower
Butler Housing - 30106 Cartier briefed the Council on the background of
(1804) this grading application, citing that this
particular application was an appeal of a
decision by the Planning Commission. This
application requested the grading of 1,252 cubic yards of earth. Any application
which proposes the grading of more than 500 cubic yards is automatically referred
to the Planning Commission for their decision. The staff analyzed the application
and recommended that the applicant be given sixty days to revise the plans, reducing
the encroachment into the slopes greater than 35 percent. On June 22, 1976, the
Planning Commission tabled this application as per the staff's recommendation.
At the September 28, 1976, meeting of the Planning Commission, the application was
denied based 'on excessive grading being proposed in the 35 percent slope area.
It was the consensus of the Council that this matter should be tabled until the next
meeting when Council planned a work session on grading, whereupon Councilman Dyda
moved, seconded by Councilman Ryan and carried, that this matter should be tabled
until the next meeting since a substantial portion of the lot was in the 35 percent
slope and fits into the earlier discussion on grading.
Mr. H. D. Hoon, Vice President of Butler Housing Corporation gave the background on
his company's efforts to obtain approval on this lot.
PARCEL NO. 6660 The Director of Planning requested that this
Headland Drive matter be tabled until the next meeting
(1410) because the applicant was not present and
efforts to contact him had failed.
Councilman Dyda moved, seconded by Councilwoman Ryan, and carried that this matter
be continued until the next meeting.
On roll call vote:
AYES: R. Ryan, M. Ryan, Dyda, Ruth and Buerk
NOES: None
ABSENT: None
CITY COUNCIL VACANCY Administrative Services Officer George
(501) Wunderlin informed the Council of the al-
ternatives available in filling the vacancy
created by Councilwoman Ryan's election to
the State Assembly. He referred them to his memorandum of October 28, 1976, where-
in were outlined four alternatives for filling such a vacancy as prescribed by the
California Government Codes.
After a discussion of the different methods of handling this vacancy, Councilman
Dyda moved, seconded by Councilman Ryan, and carried, that Council accept Alter-
native 3 "Once the vacancy occurs the City Council may, within 30 days, call a
special election to fill the vacancy for the remainder of the unexpired term of
the former incumbent." and that the staff be directed to prepare the necessary
resolutions to present to the Council at the next City Council meeting. On roll
call vote:
AYES: R. Ryan, M. Ryan, Dyda, Ruth and Buerk
NOES: None
ABSENT: None
Mr. Wunderlin advised that Martin & Chapman, election consultants, had advised him
that these resolutions be passed as soon as possible by the Council so that the City
can move ahead toward getting the election in motion. Mr. Wunderlin suggested that
the Council adopt the necessary resolutions at the end of the Council meeting on
November 16, 1976.
On motion of Councilman Dyda, seconded by Councilman Ryan, and carried, the staff
was directed to prepare the necessary resolutions consistent with Alternative 3 to
be presented to the Council at the next Council meeting.
•
Council 545 November 3, 1976
REDISTRICTING OF Administrative Services Officer Wunderlin
VOTING PRECINCTS referred the Council to his memorandum of
(501 x 306) November 2, 1976, to the City Manager out-
lining the governing codes dealing with the
changing of voting precincts within the City.
Citing the manpower necessary and the planning needed to implement such changes,
Mr. Wunderlin recommended that the Council consider the Councilmanic election in
March 1978 as the target date to allow sufficient time to examine all 53 active
precincts and check recommended changes against code requirements.
An ad hoc committee consisting of Councilmen Dyda and Ruth and a representative from
the City Clerk's office was formed to make recommendations for precinct changes.
WE TIP MONTH Councilman Ryan requested that the Council
(304) declare the month of November as We TIP
(Turn In Pushers) month and requested the
Mayor to issue a proclamation citing the City's involvement in this program.
FRANCHISE COMMITTEE REPORT The Mayor reported on the meeting of the
(UNDERGROUNDING PROJECT) Franchise Committee where it was decided
(605 x 901) that the area adjacent to Palos Verdes Drive
West along the City boundary with Palos Verdes
Estates, should be added to the existing under-
grounding project along Palos Verdes Drive West. He recommended that the Council use
some of the funds which are currently available for the Palos Verdes Drive West project
and amend this project to include this additional area.
The funds to be used for this project are funds that the Public Utilities Commission
requires Southern California Edison Company to make available for undergrounding
projects. This expenditure will come out of the County's portion of this fund.
Councilman Ryan moved, seconded by Councilman Ruth, and carried, that this area
should be included in the undergrounding project presently underway in the City.
On roll call vote:
AYES: R. Ryan, M. Ryan, Dyda, Ruth & Buerk
NOES: None
ABSENT: None
CODE AMENDMENT NO.2 GRADING Director Hightower referred the Council to
(1801) the November 1, 1976 memorandum from the
Planning Commission wherein changes to the
present grading ordinance were outlined.
Planning Commission member Mel Hughes was present to answer the questions of the
Council regarding these proposed changes.
The Mayor stated that since this was one of the most difficult subjects that the
Council had to deal with, it was his feeling that the Council should spend one
hour at the next Council Meeting to discuss this after the Council has received the
input from the City Attorney. At that time they could discuss the specific subject
of the residential lots that have high slope and then the Council could come to grips
with the concepts of the grading ordinance so they could give some guidance to the
Planning Commission on developing the ordinance.
Mr. Hughes requested from the Council their opinion with regard to the proposals
presented in the Planning Commission's memorandum. It was the consensus of the
Council that they had no serious objection to any of the concepts presented, and
that the Planning Commission could proceed as if the Council had approved these
concepts, but recognize that at the next meeting the Council may have some second
thoughts on each one of these concepts, but in no manner where they would totally do
away with the concepts as presented.
The Council requested that the Planning Commission present a particular model so the
Council could get a better understanding of the concepts as presented.
Council 546 November 3, 1976
REGISTER OF DEMANDS Approved upon motion of Councilman Dyda,
(1504) seconded by Councilman Ryan and carried,
RESOLUTION NO. 76,76 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS
IN THE SUM OF $284,194.95, DEMAND NUMBER 2814 THROUGH 2846,. On roll call vote:
AYES: R. Ryan, M. Ryan, Dyda, Ruth & Buerk
NOES: None
ABSENT: None
STREET SWEEPING The Council members briefly discussed their
(1405) dissatisfaction with the quality of work being
done by the City_'s present street sweeper. The
II/ Mayor requested the Director of Public Works to
prepare a letter notifying Sweep-It-Rite of the Council's dissatisfaction.
EXECUTIVE SESSION At 11:10 P.M. Councilman Dyda moved, with
seconding by Councilman Ryan that the Council
adjourn to executive session to discuss matters
of litigation. The Council reconvened at 11:15 P.M. with the same members present.
ADJOURNMENT At 12:00 A.M. Councilman Dyda moved, seconded
by Councilman Ruth, and carried, to adjourn
the meeting.
4/ ig44L.4'"46E_
MAYOR
LEONARD G. WOOD, CITY CLERK
AND EX OFFICIO CLERK OF THE COUNCIL
BY g Wfie0/1 a,Yw
REPAY
Council 547 November 3, 1976