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CC MINS 19731003 UNOFFICIAL UNTIL APPROVED By the City Council 73-026 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING OCTOBER 3 , 1973 CALL TO ORDER The meeting was called to order at 7 : 43 P.M. by Mayor Ryan. FLAG SALUTE Mayor Ryan led the Pledge of Allegiance to the Flag. ROLL CALL City Clerk Cortina called the roll: Present: Councilmen: Dyda, Ruth, Ryan and Ryan. Absent: Councilmen: Buerk. Also present: Assistant City Attorney Winfield, Acting City Manager Weber and Staff members: Moller and Anderson. Mayor Ryan announced that due to required attend- ance at another meeting, Councilman Buerk will be delayed and is expected to arrive abount 9 : 30 P.M. Item 6. Audience Questions Mayor Ryan outlined the pro- cedure for addressing the Council on items not contained on the Agenda. MINUTES Councilman Ryan requested correction in the spellin• 9/26/73 and of the name of "John Savage" on Page 2 in the 9/29/73 Minutes of the meeting of September 26 , 1973 . The Minutes of the Meetings of September 26 , 19 7 3 and September 29 , 1973 , were APPROVED as corrected, on motion of Dyda, seconded by Ruth and unanimously carried. Item 6. Audience Questions There were no requests from the audience to address Council at this time. Item 7. Transient Occupancy Tax Assistant City Attorney Winfield advised that the proposed Transient Occupancy Tax is that tax which has been collected by the County of Los Angeles. ORDINANCE NO. 7 Ordinance No. 7 , entitled: "AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDE' Imposing a Transient IMPOSING A TAX UPON THE PRIVILEGE OF TRANSIENT p g OCCUPANCY, PROVIDING FOR THE COLLECTION THEREOF, Occupancy Tax AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL FIRST READING CODE" 1501 WAS READ BY TITLE ONLY AND INTRODUCED, with further reading WAIVED, with the understanding that Section 6402 "Tax Imposed" was to reflect the same rate as that charged by the County of Los Angeles, on motion of Dyda, seconded by Ryan and carried by the following roll call vote: AYES: COUNCILMEN: Dyda, Ruth, Ryan and Ryan. NOES : COUNCILMEN: None. ABSENT: COUNCILMEN: Buerk. Page 1. Reg. Mtng./Oct. 3 , 1973 UNOFFICIAL UNTIL APPROVED By the City Council 73-027 Item 8. Subdivision Procedures 801 x 201 201 Assistant City Attorney Winfield advised that his law firm represents the Palos Verdes Monaco Co. ' s and therefore, should a conflict arise between the City and this Company, his firm would not, in that instance, be in a position to represent either the company or the City. The City, then, could call upon County Counsel for legal counsel. Planning Staff Advisor Anderson reported to Council that after checking all pending subdivisions in the City, that only two are within the R-20,000 classi- fication. In addition, only five parcel maps are in this same 20 , 000 classification. Mr. Anderson recommended that Council amend Ordinance No. 3 only to the extent that maintenance and continuing operations of existing single family residences within the City are allowed. Mr. Moller of the County Engineer' s office, provide copies of a letter written by him to City Attorney Herbert subsequent to Council adoption of Ordinance No. 3 . Mr. Moller requested clarification and direction from the Council relative to requests contained in the letter that permits be issued in the following instances : (1) New single family dwelling on a parcel of ground meeting any of the requirements of Section 721 Required Area of (County) Ordinance 1494; (2) Additions to an exist- ing single family dwelling on a parcel of ground complying with Section 721 as long as the structure remains a single family dwelling; (3) Normal accessory buildings and structures such as private swimming pools in conjunction with 1 and 2 above; and (4) Plumbing, electrical, mechanical or sewer permits for general maintenance of all existing buildings as well as ancillary to building permits referred to above. Councilman Dyda moved that Items 2, 3 , and 4 in the communication from Mr. Moller be acknowledged as the policy of this Council, seconded by Ryan. Mr. DeJernett of South Bay Engineering Co. address- ed Council in opposition to consideration of waiving fee in zone exception/variance appeals. Mr. Rosenberg addressed Council stating County has heretofore ignored enforcement of compliance with CC & R' s (Conditions, Covenants & Restrictions) and requesting Council provide such enforcement. On the motion, the motion carried by the following roll call vote: AYES: COUNCILMEN: Dyda, Ryan and Ryan. NOES : COUNCILMEN: None. ABSENT: COUNCILMEN: Buerk. ABSTAIN: COUNCILMEN: Ruth. With reference to Mr. Rosenberg' s request and ensuing discussion, Mayor Ryan requested the Acting City Manager write a proposal incorporating ideas exchanged by Council and investigating possible means of advising homeowners of CC & R' s placed upon properties in their area. Page 2. Reg. Mtng./October 3 , 1973 UNOFFICIAL UNTIL APPROVED By the City Council 73-028 Mr. Moller requested policy decision from the City Council relative to Item (1) of his letter. No action was taken by the Council. Mr. Anderson reported to Council on the issue of changing apartments into condominium. Assistant City Attorney Winfield advised that the South Bay Area Planning Congress is meeting soon and the issue to be discussed is the conversion of apart- ments to condominiums. Barbara Hein addressed Council reporting that there is an existing study conducted on this problem by either Los Altos or Los Gatos in the Bay Area. Councilman Buerk entered the meeting at 9 : 55 P.M. 1801 x 201 Mr. Moller again requested guidance from the Counci on Item 1. of his letter. After discussion, Mr. Moller stated that no building permit would be issued on undersize lots . Council agreed by consensus. RECESS The meeting was declared in RECESS at 10 : 08 P.M. by Mayor Ryan. RECONVENE The meeting RECONVENED at 10 : 17 P.M. with all members present. Item 9 . Report on Recreation Plans. Mr. Anderson gave a 701 x 1201 progress report to Council on preparation of the interim Parks & Recreation Element of the General Plan, stating the interim element would be ready for Council review within the next two weeks. Item 10 . Request for a Change in Parcel Map No. 3824 . 1408 x 1410 Mr. Anderson reported on request received from resident in the area that Council abandon the easements offered to the County of Los Angeles over land covered by parcel map 3824 and that Diamonte Lane be reverted to 30 ' width at all points. He advised that in order to accomplish this request the applicant would either have to refile a parcel map or the City could, by resolution and public hearing, vacate the street. Mr. Anderson recom- mended that this matter be referred to the Planning Commission for preliminary discussion and recom- mendation to the City Council, when the Commission is operative. Dr. Rowan addressed Council stating he lives on thi street and inquiring if such action could be taken without his knowledge. Answered in the negative by Planning Advisor Anderson. Acting City Manager Weber was directed to answer the letter of request, by Council consensus. Item 11. Street Name Change Request. Planning Advisor Anderson reported that this request was received and recommended for approval, prior to incorpora- tion of the City. However, no action was taken by the County because of the pending incorporation. Mr. Anderson reported that no application has been made to the City, as yet. Council, by consensus, was not opposed to the name change, but wanted an expression from the homeowner' s concerned, prior to taking any formal action. Planning Advisor Anderson requested Council withhold action for one week to allow Staff time in which to conduct a study on this item. Page 3. Reg. Mtng./October 3 , 1973 UNOFFICIAL UNTIL APPROVED By the City Council 73-029 Item 12. Peninsula Center Mayor Ryan reported on a meeting 1408 held at noon, this date, with the Manager and Mayor of Rolling Hills Estates regarding further devel- opment of Peninsula Center, stating November 14 is the date of the public hearing to be held on the road; that the City has hired a firm to prepare an Environmental Impact Report and if the EIR is not ready in time for the scheduled hearing, that the hearing will be continued. Members of the Council expressed their views on this proposed development. Planning Advisor Anderson reported that he would discuss this matter with members of the Council on an individual basis, providing information as to available alternatives and other information with a memo being sent to each member of the Council. John McTaggart addressed Council objecting to Staff use and stating Developer should be required to provide impact report on entire peninsula impact rather than the one city of Rolling Hills Estates. Mayor Ryan requested that Council have enough information on this so that action can be taken at the next meeting of the Council. Item 13. Post Office Addresses Councilman Ruth reported on 601 his progress relative to name and zip code designa- tion and requested Council not take action on this until he has had an opportunity to check with the Division Management. He advised that the Director of the Los Angeles Division is in Washington, D.C . at this time. Item 14. Planning Staff Recruitment. Acting City Manager Weber reported on his proposal relative to recruit- ment of Planning personnel, recommending Council adopt his proposed procedures. Councilman Buerk requested that this item be continued to the next meeting to give Council time to study the proposal. Agreed to by Council consensus. Item 15. Seaview Residents Association. Relative to 808 communication of September 25, 19 7 3 received from Seaview Residents Association regarding similar name for a proposed development. Council noted that the developer had also been advised of the residents objection to the use of the same name. Therefore, no action was taken at this time. Item 16 . Seaview Residents Association. Communication of September 27 , 1973 . Acting City Manager Weber reported that all items referred to in the letter are subjects to be reviewed by a Planning Commission. In addition, he advised that the Business License representative would be coming to City Hall on a regular basis under County ordin- ance continued by Council ' s adoption of Ordinance No. 1. Item 17. City Attorney Reports. Assistant City Attorney Winfield reported to Council that he would be bringingin the remainder of the Municipal Code for adoption by Council within the next few weeks. Item 18. School District Boundaries. Reporting on questions from residents regarding removal from Los Angeles Unified School District and annexation to Palos Verdes Unified School District. Councilman Ruth recommended that inasmuch as action must be initiated by the residents involved, that Council hold action on this. Page 4. Reg. Mtng./Oct, 3 , 1973 UNOFFICIAL UNTIL APPROVED Bu the City Council 73,030 Item 19 . Acting City Manager Reports. Acting City Manager Weber reported on progress of City Manager recruit ment, City depository - outlining letter proposed to be sent to area banks; report on Palos Verdes Drive East signing not ready as yet; and also report on bus benches not ready as yet. Item 20 . Other Business. Councilman Buerk reported on receipt of U. S. Flag by City, which flag has flown over Congress of the United States; and Reporting on Rapid Transit District Meeting, statin he wishes Council to spend an hour on this item, perhaps at the Saturday work session. By Council consensus, this item was scheduled for discussion at the forthcoming meeting of the City Council on Wednesday, October 10th. RECESS The meeting was RECESSED to Executive Session for discussion of Personnel and Legal matters at 12 : 15 A.M. by Mayor Ryan. RECONVENE & The meeting was RECONVENED at 1: 05 a.m. with all ADJOURNMENT Council members present. The meeting was then ADJOURNED to a Regular Adjourned Meeting at 1 : 05 a. to be held on Saturday, October 6 , 1973 , at the City Offices at 9 : 00 a.m. , located at 31244 Palos Verdes Drive West, Suite 205, Rancho Palos Verdes, California, on motion of Ryan, seconded by Buerk and unanimously carried. a MAY. R ATTEST: CITY CLERK Page 5. Reg. Mtng./Oct. 3 , 1973