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CC MINS 19761116 MINUTES RANCHO PALOS VERDES CITY COUNCIL Regular Meeting November 16, 1976 The meeting was called to order at 7:33 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 M. Ryan, Dyda, Ruth and Mayor Buerk ABSENT: Councilman R. Ryan Also present were City Manager Leonard Wood, Director of Planning Sharon Hightower, Administrative Assistant Trish Eby, Director of Public Works Dennis Pikus, City Attorney Pat Coughlan, Community Services Officer Tom Bandy, Administrative Services Officer George Wunderlin and Deputy City Clerk Mary Jo Lof thus. AUDIENCE QUESTIONS Mrs. Barbara Horowitz, 30159 Avenida de Calma, came before the Council and requested review and possible modification of the jus- tification and findings necessary for the issuance of variances to the Development Code. Mr. Ronald Lloyd, 1623 W. Esther, Long Beach, requested waiver of the business li- cense for his curb painting business. Staff was directed to investigate and report back to Council at December 7, 1976, meeting. Mr. Bill Griswold, 28780 Crestridge, Rancho Palos Verdes, presented to the Council his Plan "A" for Rancho Palos Verdes Public Safety Program, which would provide for reduction in the cost of police services and in turn reduce City taxes. (Later in the meeting, Council formed an ad hoc committee consisting of Councilmen Dyda and Ruth to investigate the merits of this plan and report back to the Council on their findings.) Mr. Mitchell Salmonson, 2509 Colt Road, asked the Council to investigate the legal- ity of a fence erected by one of his neighbors. Council instructed staff to check into this matter and verify whether or not the fence does exceed the legal height limit. AGENDA APPROVAL On motion of Councilwoman Ryan, seconded by Councilman Dyda and carried, the Agenda was approved as amended, adding discussion of the memorandum from the Traffic Committee. The City Attorney requested an Execu- tive Session to discuss matters of litigation. There being no objection, the Mayor so_ordered. WAIVER OF FULL READING OF Councilwoman Ryan moved, seconded by Council- ORDINANCES AND RESOLUTIONS man Dyda and carried, to waive further read- ing in full of all ordinances and resolu- tions 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- woman Ryan and carried, that the Consent Calendar be approved. MINUTES Approved as presented, the minutes of the City Council meeting of November 3, 1976. VERDE RIDGE BARRIER Approved work completed on Verde Ridge Bar- (1503) rier and authorized 90% payment to contrac- tor. Council 548 November 16, 1976 PUBLIC HEARING: RANCHO PALOS VERDES The City Engineer, Armando Cid, briefed the IMPROVEMENT DISTRICT NO. 1 Council on the history of this assessment FORRESTAL DRIVE district and on the work that had been per- (901) formed. The Mayor then proceeded with the required jurisdictional questions, during which the Clerk informed the Council that Mr. and Mrs. Jack Gasnier, 3831 Pirate Drive, had a claim for $76.40 against the Assessment District. Mr. Gasnier came before the Council and told them that the claim had been sett-641 to his satisfaction and that this amount was to be reimbursed him by the contractor on this job. There were no further claims against the City in this matter. On motion of Councilman Dyda, seconded by Councilwoman Ryan and carried, RESOLUTION NO. 76-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING AND CONFIRMING ASSESSMENT RE: RANCHO PALOS VERDES IMPROVE- MENT DISTRICT NO. 1 was adopted. There being no objection, the Mayor so ordered. WORK SESSION.ON GRADING • The Mayor stated that the purpose of this (1801) work session was to consider the problem of pending cases where lots had been previously subdivided, but where slopes were greater than 35 percent. At the Council meeting on November 3, 1976, the City Attorney had been instructed to look into this matter and report back to the Council on the. 'best approach to this problem. The City Attorney reported that he had reviewed the grading ordinance and cited that it had difficulties with regard to the lots subdivided prior to the adoption of the ordinance and containing substantial slopes, or slopes in excess of 35 percent. However, this had created some degree of hardship for some isolated in- dividual lots. The City Attorney listed a number of alternatives that were avail- able to the Council concerning this matter. 1. Await the adoption of the revised grading ordinance which was under study by the Planning Commission. 2. The Council could interpret some of the existing language of the - existing ordinance. Since Section 9667 deals with criteria, take the position that the 35 percent slope section in subparagraph E be treated also as a criterion, not absolutely binding upon the staff, Commission, and City Council, but would be a weighing matter in looking at individual cases. 3. Amend the existing ordinance prior to waiting for the new ordinance. Councilman Dyda stated that in view of the fact that this matter had been before the Council for some time, and since Council's position- through the General Plan process and Development Code was not to deny those lots of record any substantial right, he then moved, seconded by Councilwoman Ryan and carried, that for the sub- divided lots of record in the City, Section 9667, Subparagraphs A through D of the Development Code, be interpreted as criteria and guidelines, not as standards, for the evaluation of such grading until such time as a revised ordinance becomes effective. Mayor Buerk stated it would seem appropriate if we also used the fifth criterion as a guideline rather than a standard. This would facilitate processing the cases which are before the City right now and would bridge the period from now until a new grading ordinance is adopted. Councilman Dyda then amended his motion, with the consent of the second, to in- clude the fifth criteria, Section 9667, E. On roll call vote: AYES: M. Ryan, Dyda, Ruth and Buerk NOES: None ABSENT: R. Ryan Council 549 November 16, 1976 There being no objection, the Mayor so ordered. The next item to be discussed was the development of the new amendment, and dis- cussion of the draft of the concepts, as outlined in the November 1, 1976 memo- randum from the Planning Commission. Councilman Dyda recommended that, for the benefit of the audience, each of the criteria be read and then the Council should take the appropriate action on each one individually. " 1. Allow grading on slopes of 35 percent or greater on existing recorded lots zoned residential. The gradingyto be allowed would include only that for the required access and the foot- print of the house, and as minimal as possible. " Ann Shaw, Chairwoman of the Planning Commission, appeared before the Council and had additional comments and explanations on this criteria. Mr. Hauf, owner of a lot in the City, appeared before the Council and requested to know if this amendment would affect his particular case. The Mayor reported that this amendment would make it possible for the planning staff to process his application. Mr. Hauf stated that it was his opinion that each of these cases should be consi- dered individually. I, 2. Allow some minimum grading for footprint and access on lots between 10-34.9 percent average slope plus additional grading depending on slope and size of lot. " Ann Shaw commented that the Planning Commission was working toward development of a linear relationship instead of the presently used step table. Mayor Buerk expressed his opinion that grading should be allowed not only for the house footprint, but also for a front and back yard, thus enabling more appropri- ate use of property. Councilman Dyda stated that there should be some guidelines to insure uniform treatment of people in terms of their problems. The Mayor requested that the Planning Commission consider not just the words in Item No. 2, but also take into account the sense of the Council discussion when they develop the specifics of the ordinance. " 3. Regulate volume relative to gradable area. " Ann Shaw told the Council of the Commission's study on other areas of similar topography in considering gradable areas. Councilman Dyda stated the need for some uniform consistent guides or formula so decisions could be measured against that guide, and not consider it as an invio- lable standard, but rather as a guide to insure uniform treatment of the citizens of our community. The Council discussed the following points for the Planning Commission's consider- ation in development of the grading ordinance: o Write an ordinance which could be readily understood. o Develop standards for staff handling of cases and when standards are exceeded, the case could then go to the Planning Commission. O Inclusion of a provision to enable the staff to approve grading projects of slopes not exceeding 35 percent. o Ordinance should address itself to single lots as well as sub- divisions, with differing provisions for both. " 4. Increase volume of grading that must come before the Commission from 500 cubic yards to 1000 cubic yards plus any that involve grading on slopes of 35 percent or greater. Council 550 November 16, 1976 Ann Shaw stated that it was the Planning Commission's objective to reduce the load handled by the Commission by increasing the grading volume to be approved by staff. Mayor Buerk complimented the members of the Planning Commission for work on ordi- nances and the revisions to the ordinances on which they are presently working. 5. Allow some additional flexibility while at the same time strength- ening all judgment criteria. Ann Shaw stated that this would give the Planning Commission flexibility in consi- dering grading cases. The Mayor stated he would like to see some exact standards developed for the staff to approve or disapprove applications and only in exceptional cases which require judgmental decisions which do not fall into the general pattern, that they should then come before the Planning Commission. The Mayor, citing some of the wording of the present ordinance with regard to dis- turbing present ground cover, commented that in writing the ordinance the Planning Commission should avoid wording of this sort because it was not really intended to be interpreted so strictly. He also requested that consideration be made for the accessory uses, such as front and back yards and swimming pools. The Planning Commission was also requested to consider inclusion in the ordinance for issuance of a bond or sworn verification of proper dumping of dirt. RESIGNATION OF Councilwoman Ryan read to the '.Council her COUNCILWOMAN RYAN letter of resignation wherein she stated that she felt her experiences over the last three years of serving on the Council had been very unique and she was looking forward to serving the people from this area in the California Legislature. Mayor Buerk presented to Councilwoman Ryan a plaque from the Councilmembers as a memento of her dedication and service to the City of Rancho Palos Verdes. RECESS After the ceremonial matters, there was a ten-minute recess. The meeting reconvened at 10:21 p.m. with the same members present, except for Councilwoman Ryan who had just resigned. APPLICATION NO. 56 Director Hightower briefed the Council on BUTLER HOUSING the background of this application by sum- 30106 Cartier Drive marizing her memorandum of November 3, 1976, (1801) citing the fact that this hearing had been continued from the Council meeting of November 3, 1976, awaiting the opinion of the City Attorney on grading matters. This application was an appeal of a Planning Commission denial which was based on the excessive grading being proposed in the 35 percent slope area of the lot. It was the consensus of the Planning Commission that the home could be located else- where on the lot to eliminate the excessive grading being proposed. Mr. Hoon, Vice President of Butler Housing, 1691 Kettering Street, Irvine, California, appeared before the =Council and enumerated the studies made by his firm for the reduction in the amount of grading and other studies made to accom- modate this house to the necessary requirements. Ann Shaw, Chairwoman of the Planning Commission, appeared before the Council and stated that this project was not approved because the members of the Commission felt that there was excessive grading and also it was the Commission's feeling that the builder had not made the effort necessary to work with the lot as well as he might have. Councilman Ruth's motion to extend the appeal period another 60 days failed for lack of second. Councilman Dyda moved, seconded by Councilman Ruth and carried, to sustain the Planning Commission's denial of the application and deny the appeal. Council 551 November 16, 1976 The Mayor stated that since there were alternatives to locating this house on the lot, he felt the Planning Commission was correct in denying this project. He further stated that he would like to encourage developers that come into the City to work with the Planning Commission and not rely on an appeal to the Council, and that only in cases where errors were made by the Planning Commission would the Council overturn the Planning Commission's decision. The City Attorney advised the Council of the following findings upon which the Council should base their decision: 1. That permitted use of the property is for single family residences; that there is a significant portion of the lot in slopes less than 35 percent; and, that there are a number of other design alterna- tives that would enable less grading. 2. Grading being proposed distorts the natural contour of the land more than is necessary because the house is being located in the area of steepest slope requiring a greater amount of grading. 3. The house is, in fact, being substantially located in an area of slope in excess of 35 percent and that this is not the only place the house can be put on the lot. Councilman Dyda then moved, with the consent of the second, to modify his motion to include the following findings: that the grading in the 35 percent slope is excessive; that there is a substantial area left on that lot which can be appro- priately used for locating a single family dwelling for which the area is zoned; and, that locating the house in the higher slope area would create an excessive grading problem which can be mitigated by a redesign. Therefore, he sustained the Planning Commission's denial of the grading application and denied the appeal. There being no objection, the Mayor so ordered. REQUEST FOR FEE REFUND Director Hightower outlined for the City HARRY BRADLEY Council the background of this request for (1804) refund of some portion of a Height Variation application fee ($120) . This application was for a height variation to allow an addition to a garage, plus a second story above the garage. The existing house was 15 feet in height. Two protests from neighbors were received and the application was denied on July 29, 1976, on the staff level because of non-compatibility and cumulative effect on the neighbor- hood view. The applicant did not appeal. The applicant lowered the roof line so no variation was required and staff approved the project on August 4, 1976. Since all required procedures were followed by the staff, the Director had no way of verifying what was or was not explained to the applicant or his agent, and therefore recommended that the request for a fee refund be denied based on lack of valid justification, City policy on .refund of fees, and adverse precedent, particularly considering the length of time that has lapsed. Since Mr. Bradley was critical of the wording of the Code, the Mayor asked Mr. Bradley for suggestions on how to write the Code so it could be understood by any- body making an application. He stated that he would like to see some type of dia- gram included in these suggestions. Councilman Ruth moved, seconded by Mayor Buerk and carried, that the City take one-half of the blame for the error and, if appropriate, refund one-half of the fee. The City Attorney recommended that he would not recommend the City taking the blame for one-half of the responsibility unless the applicant would be willing to accept part of the blame also. Mr. Bradley indicated that he was willing to ac- cept this arrangement and cited that in the second page of his letter of October 10, 1976, to the City, he requested only a partial refund of this fee. The Mayor stated that in the initial stages of working with the ordinance many complaints had been brought before him citing some confusion. He wanted to re- cognize the initial problem which was experienced in working with the ordinance and therefore would support this motion. The City Attorney opined that the Council should table this matter until such time as Councilman Ryan was present since it was necessary to have a quorum on the re- fund of this fee. Council 552 November 16, 1976 Councilman Dyda moved, seconded by Councilman Ruth and carried, that this matter be tabled until the next Council meeting. Mr. Bradley was requested to return to the next Council meeting and present the matter again to the Council. PARCEL MAP NO. 6660 Director Hightower stated the background on 77 Headland Drive this request to waive the bond requirements Sherman Hutchison for the building of an access road on this (1401 x 902) lot. Mr. Hutchison came before the Council and stated that the owner of the adjacent property had already been issued a building permit and will build his portion of the access,road. Mr. Hutchison requested relief from purchasing the required bond for the building of his driveway. The Mayor moved, seconded by Councilman Ruth and carried, that the bond require- ment be waived. On roll call vote: AYES: Ruth and Buerk NOES: Dyda ABSENT: R. Ryan The Council then proceeded to accept each of the recommendations made in the let- ter from the County of Los Angeles, Department of County Engineer, dated September 28, 1976, to the Council. Mayor Buerk moved, seconded by Councilman Ruth and carried, to approve the sub- division map and each one of the findings which were outlined in the City Engineer's letter. On roll call vote: AYES: Ruth and Buerk NOES: Dyda ABSENT: R. Ryan REQUEST FOR Administrative Assistant Trish Eby outlined COMMUNITY CONTRIBUTION for the City Council the request from the (305) South Bay Chamber Music Society for a con- tribution of $600.00. She further summa- rized the criteria for evaluating funding requests from cultural organizations which were approved by the Council at their meeting of September 21, 1976. Mr. Klaus Schugraff appeared before the Council and detailed the membership, bud- get and funding received by the Society. He explained to the Council that this requested contribution was to enable the Society to hold additional concerts at elementary and intermediate schools on the Peninsula. Councilman Ruth moved, seconded by Councilman Dyda and carried, that the City contribute $300.00 to be used specifically for programs in schools contingent upon the Society receiving the other $300.00 from the three other cities on the Peninsula. HOUSING AND COMMUNITY Director Hightower briefed the Council on DEVELOPMENT ACT - the issues to be considered in applying for THIRD YEAR FUNDS the Community Development Act funds. The (601) amount of funding forthcoming could be as much as $126,000, which is considerably more than the City has received in the past. It was the consensus of the Council that staff should research possible restric- tions that would be placed on the City due to the acceptance and participation in this program. It was moved by Councilman Dyda, seconded by Councilman Ruth and carried, to have the staff continue research prior to the December 7, 1976, Council meeting so Council could make a decision at that time. Council 553 November 16, 1976 There being no objection, the Mayor so ordered. RALPH'S SHOPPING CENTER Mayor Buerk reported on his meeting with the (1203) Rolling Hills Estates Planning Commission. At that meeting, the Mayor presented the City's concern with the type of project that was proposed for that area, and the resulting traffic hazards that would be encountered. At the present time, no project has been approved by the Rolling Hills Estates Planning Commission, and it was the feeling that it was doubtful that the proposed project would be approved. REGISTER OF DEMANDS Approved upon motion of Councilman Dyda, (1504) seconded by Councilman Ruth and carried, RESOLUTION NO. 76-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $56,112.38, DEMAND NUMBERS 2847 THROUGH 2898. On roll call vote: AYES: Dyda, Ruth and Buerk NOES: None ABSENT: R. Ryan SOUTH BAY DRAFT STUDY Mayor Buerk told the Council that he would (310) be attending an upcoming meeting of the South Bay Cities Association and requested any guidelines for his presentation at that meeting. The Mayor further stated that he felt the City should be included in the proposed South Bay area study, and recommended that September 1977 would be the target date for the start of the petition drive which would bring the issue to the ballot for the March 1979 special election. CHRISTMAS CELEBRATION Councilman Ruth proposed that for next year (305) the Council should consider the erection of a large Christmas tree and have it decora- ted by a Boy Scout or Girl Scout Troop. MEETING WITH RTD City Manager Wood referred the Council to (1505) his memorandum of November 9, 1976, which summarized his meeting with representatives of the RTD. He cited that since the rider- ship on the buses in this area is less than anticipated, the RTD was going to de- velop some program to create more use of the buses on the Peninsula, especially among the school students. TRAFFIC COMMITTEE Dave Diestel, Chairman of the Traffic Commit- RECOMMENDATIONS tee, came before the Council and presented (1503) the Committee's recommendations on handling the increased traffic flow on Hawthorne as outlined in his letter of November 11, 1976, to the Council. Councilman Dyda moved, seconded by Councilman Ruth and carried, that it be the policy of the City of Rancho Palos Verdes in areas of high density traffic and in- stances of hazard due to fog that median strips be provided and to include such things as "NO U-TURN" signs to minimize hazard from crossovers in the median. It was the consensus of the Council that this should be a phased-in project and as the need occurs, the City should take action and install these signs. The Director of Public Works will report back to the Council on the cost of in- stalling the required striping. Councilman Dyda complimented the Traffic Committee on a job well done. Council 554 November 16, 1976 RESOLUTION NO. 76-79 On motion of Councilman Ruth, seconded by NOTICE OF HOLDING Councilman Dyda, and carried, RESOLUTION SPECIAL MUNICIPAL ELECTION NO. 76-79 - A RESOLUTION OF THE CITY COUNCIL (501) OF THE CITY OF RANCHO PALOS VERDES CALLING AND GIVING NOTICE OF THE HOLDING OF A SPE- CIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 8th DAY OF MARCH, 1977, FOR THE ELECTION OF A MEMBER OF THE CITY COUNCIL OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND CONSOLIDATING SAID ELECTION WITH THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT ELECTION TO BE HELD ON SAID DATE was adopted. There being no objection, the Mayor so ordered. RESOLUTION NO. 76-80 On motion of Councilman Dyda, seconded by (501) Councilman Ruth and carried, RESOLUTION NO. 76-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES REQUEST- 11/ ING THE COUNTY SUPERINTENDENT OF SCHOOLS OF THE COUNTY OF LOS ANGELES TO CONSOLI- DATE A SPECIAL MUNICPAL ELECTION OF THE CITY OF RANCHO PALOS VERDES TO BE HELD ON MARCH 8, 1977, WITH THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT ELECTION TO BE HELD ON MARCH 8, 1977, PURSUANT TO SECTION 1333 OF THE EDUCATION CODE was adopted. SAFETY COMMITTEE Councilman Dyda commented on the proposal (1206) made earlier in the meeting by Mr. Griswold and moved, seconded by Mayor Buerk and car- ried, that an ad hoc committee be formed composed of one member of each subcommittee and be appointed to review this pro- gram and analyze with the assistance of staff so it can be ascertained as to the merits or lack thereof. Councilmen Ruth and Dyda were appointed to serve on this ad hoc committee. There being no objection, the Mayor so ordered. EXECUTIVE SESSION At 12:20 a.m. Councilman Dyda moved, seconded by Councilman Ruth and carried, that the Council adjourn to executive session. The Council reconvened at 12:30 a.m. with the same members present. ADJOURNMENT At 1:00 a.m. Councilman Dyda moved, seconded by Councilman Ruth and carried, to adjourn the meeting. MAYOR LEONARD G. WOOD, CITY CLERK AND EX OFFICIO CLERK OF THE COUNCIL By /,f I • AI /h:4( D/'U Council 555 November 16, 1976