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CC MINS 19740402 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL Regular Meeting April 2, 1974 The meeting was called to order at 7:40 p.m. at Ridgecrest Intermediate School, 28915 Northbay Road. Following the Pledge of Allegiance to the Flag, roll call was answered as follows: PRESENT: Councilmen Gunther Buerk, Ken Dyda, Francis D. Ruth, Robert E. Ryan and Mayor Marilyn Ryan 11/ ABSENT: None Also present were City Manager Leonard G. Wood, City Attorney Glenn Watson and Planning Director Sharon Hightower. MINUTES APPROVAL It was moved by Councilman Dyda, seconded by Councilman Buerk and carried, that the Minutes of March 18, 1974, March 19, 1974, March 26, 1974 and March 27, 1974 be approved as distributed. ORD. 27 The City Attorney introduced ORDINANCE NO. 27 BUSINESS LICENSING (202) OF THE CITY OF RANCHO PALOS VERDES LICENSING THE TRANSACTION AND CARRYING ON OF CERTAIN BUSINESSES, TRADES, PROFESSIONS, CALLINGS AND OCCUPATIONS FOR THE PURPOSE OF RAISING MUNICI- PAL REVENUE, PROVIDING A PENALTY FOR VIOLATIONS THEREOF, RENUMBERING CERTAIN SECTIONS AND AMENDING THE MUNICIPAL CODE by title and summarized changes, point- ing out that the gross receipts schedule had been modified so as to be more in line with neighboring cities. Mr. Joseph Meyerson, representing Dayton Realty, spoke against the adoption of the ordinance and urged Council to reconsider before taking action. It was moved by Councilman Buerk, seconded by Councilman Dyda and unanimously carried, that further reading be waived and the ordinance be passed to second reading. At this time, Mayor Ryan welcomed those visiting from Girl Scout Troop No. 41. ORD. 31U City Manager reported copies of the draft GAS PRICE POSTING (202) ordinance had been forwarded to local service stations and the only suggestion received was that the signs should be clearly visible to the adjacent streets and adequate in size. The City Attorney read by title ORDINANCE NO. 31U OF THE CITY OF RANCHO PALOS VERDES REQUIRING EVERY PERSON SELLING GASOLINE OR OTHER MOTOR VEHICLE FUEL TO IMMEDIATELY POST A SIGN INDICATING THE PRICE OF EACH GRADE OF SUCH GASOLINE OR FUEL AND PROHIBITING ANY SUCH PERSON FROM ADVERTISING PRODUCTS WHICH ARE NOT IMMEDIATELY AVAILABLE FOR SALE, DECLARING THE URGENCY THEREOF AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY. It was moved by Councilman Dyda, seconded by Councilman Ryan, that further reading be waived and Council adopt Ordinance No. 31U. On roll call vote: AYES: Buerk, Dyda, Ruth, R. Ryan, M. Ryan NOES: None ABSENT: None Council 133 April 2, 1974, ORD. 28 City Manager summarized the ordinance which EDISON FRANCHISE (1601) grants to Southern California Edison Company a franchise permitting use of public rights of way for providing service. David Doyle of Palos Verdes South Homeowners Association requested clarification of underground facilities in the Palos Verdes South area, and Stu Avera, District Manager of Southern California Edison, commented. ORDINANCE NO. 28 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALI- FORNIA, GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE AND TO CONSTRUCT AND USE, FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY FOR ANY AND ALL PURPOSES, POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS NECESSARY OR PROPER THEREFOR, IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF RANCHO PALOS VERDES was read by title by the City Attorney, first reading having been given on March 19, 1974. On motion of Councilman Buerk, seconded by Councilman Ryan, further reading was waived and the ordinance was adopted on the following roll call vote: AYES: Buerk, Dyda, Ruth, R. Ryan, M. Ryan NOES: None ABSENT: None ORD. 30 - TAX ORDINANCE NO. 30 OF THE CITY OF RANCHO PALOS ASSESSING AND VERDES TRANSFERRING ASSESSMENT AND TAX COL- COLLECTION DUTIES (15 01) LECTION DUTIES TO THE LOS ANGELES COUNTY ASSESSOR AND TAX COLLECTOR AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was read by title, first reading having been given on March 19, 1974. It was moved by Councilman Ruth, seconded by Councilman Buerk, that further reading be waived and Council adopt Ordinance No. 30. On roll call vote: AYES: Buerk, Dyda, Ruth, R. Ryan, M. Ryan NOES: None ABSENT: None City Manager reported a meeting will be scheduled with the Tax Assessor to review assessment practices as soon as background material has been gathered. TRAFFIC ENFORCEMENT - City Manager summarized a request by the Rock- PRIVATE STREETS (1503) inghorse Property Owners Association for traffic enforcement. Charles Sutton of the Los Angeles County Road Department briefed Council on pro- cedure for adoption of a resolution or ordinance which would declare private roads subject to the provisions of the streets in the City, citing Vehicle Code Sections 21107.5 and 21107.7. Bob Powers of the Colt Road Association asked for clarification of procedure, and the City Manager con- firmed that owners who did not wish to be included could petition Council to have their streets excluded. Sergeant Fred Johnson of the Lennox Sheriff Station offered comments regarding patrol of the private streets in the City. Council requested the Community Services Officer and the Sheriff's Department to work jointly in meeting with homeowner associations to explain in detail the pro- cedure for traffic enforcement on private roads and schedule hearing to resolve the problem. Mayor Ryan reported on a meeting held to re-sign Palos Verdes Drive East, and it was moved by Councilman Ryan, seconded by Councilman Buerk and carried, that there be "No Stopping At Any Time" signing from the Miraleste Library driveway north of Colt Road to Via Canada. Council 134 April 2, 1974 MORATORIUM - Following report by Planning Director relative CONDOMINIUM TRACT MAPS to the possible inclusion of condominium tract (1804 x 1411) maps and "pending" maps in the moratorium zone, Council was requested to reach a decision whether a moratorium exists on all condominiums. Councilman Buerk moved, and Councilman Ryan seconded, that staff be directed at this time not to accept any applications for condominiums and condominium conver- sion projects which are not possible under present ordinances. Following discus- sion, the motion carried, with Councilman Ruth voting "no." Mike Kochan, representing Palos Verdes Properties, asked for clarification of "pending maps" and whether parcel maps were included; John Treacy, representing Whitestone Project, urged Council to consider their application at this time; Tim Burrell, representing Ernest Tarr, requested clarification of "subdivision of land" and urged Council to hear the applications for conversion; L. R. Skinner urged Council to reach a decision as soon as possible. It was moved by Mayor Ryan, seconded by Councilman Ryan, that the moratorium be amended to allow the processing of those tentative tract condominium applications which have been filed with the City of Rancho Palos Verdes (#31871) and (#31397) . The motion carried with Councilman Ruth abstaining and Councilman Dyda voting against the motion. John McTaggart spoke against the motion pointing out the lack of time frame and action taken without an ordinance. City Attorney commented that with Council direction, developers involved could have everything ready for processing and make it available to staff when the condominium ordinance is placed before Council on April 16. REQUESTS FOR EXCLUSION Planning Director briefed Council on the follow- FROM MORATORIUM (1801) ing requests for exemption from the moratorium zone. (1) 8 Vanderlip Drive, 20 Vanderlip Drive, 75 Narcissa Applicants: Thomas Major and James Pugh Request to rebuild residence, destroyed by fire Staff recommendation: That due to hardship and large lot sizes, Council direct staff to prepare an ordinance revision allowing for exemption of these properties. It was moved by Councilman Ruth, seconded by Councilman Dyda and carried, that Council accept staff recommendation for allowing these exemptions. (2) Vacant lot (#36) on Sweetbay Road Applicant: Clark Chittick Request to build new residence Staff recommendation: That the exemption be denied. Clark Chittick, the applicant, addressed Council indicating awareness of geological condition of the area and of the moratorium. Alyce Snell commented that the County has been allowing add-ons but they do require extensive geological tests. City Attorney suggested Council consider the seismic element of the General Plan before granting exceptions. It was moved by Councilman Buerk, seconded by Councilman Dyda and passed, that Council approve staff recommendation and deny exemption from the moratorium area at this time. Council 135 April 2, 1974 (3) 26 Seacove Cove Applicant: Antonio Moreno Request to build single-family dwelling Staff recommendation: That the exemption be denied. Councilman Dyda moved, and Councilman Buerk seconded, that the application be tabled and referred to staff for lot lines, bluff area and geological information. The motion lost. Following discussion, it was moved by Councilman Ryan, seconded by Councilman Ruth, that staff recommendation be followed and exemption be denied. Motion passed with Councilmen Buerk and Dyda abstaining. (4) Tract 31397, Palos Verdes Royale Townhouses, 5680 Ravenspur Applicant: Leisure Living Residential Inc. (Tarr) Previously acted upon, therefore withdrawn. (5) Applicant: K. L. and Shirley Boren Request to build small, member-owned tennis club It was moved by Councilman Dyda, seconded by Councilman Ryan, that this request be denied. Ken Boren, applicant, requested Council to grant an exception; Mrs. Thomas C. Major mentioned working with the County on plans for a tennis court prior to the June fire in the area. Planning Director recommended this request be tabled due to the lateness in receiving the request, and a substitute motion by Councilman Ruth, seconded by Councilman Buerk, was adopted that the request be tabled and reviewed further by staff. RECESS At 10:35 p.m., a five-minute recess was declared. Council reconvened at 10:45 p.m. , with all Council members present. TENT. TR. 28976 Planning Director noted application by Zuckerman ZUCKERMAN BLDG. CO. (1411) Building Company for an extension of time, how- ever, the tract map had never been filed with the City and therefore recommended no action be taken. RES. 74-32 RESOLUTION NO. 74-32 OF THE CITY COUNCIL OF ENVI RON. ASSESS. THE CITY OF RANCHO PALOS VE RDE S PROVIDING FOR COM. (1203) AN ENVIRONMENTAL ASSESSMENT COMMITTEE was introduced by title and summarized by the City Attorney. It was moved by Councilman Dyda, seconded by Councilman Ryan and unanimously carried, that further reading be waived and the resolution be adopted. Council 136 April 2, 1974 PLANNING ADVISORY It was moved by Councilman Dyda, seconded by COM. RESIGNATION (120 5) Councilman Ruth and carried, that the resigna- tion of Robert K. Marohn from the Planning Advisory Committee be accepted and that a letter be sent thanking him for his service to the Planning Advisory Committee and congratulating him for his appointment to the General Plan Goals Committee. AMEND. TO ORD. 20 - City Attorney reported amendment to Ordinance ENVIRON. EXCISE TAX No. 20 making provision for installment pay- INSTALLMENT PAYMENTS (15 01) ments of the environmental excise tax would be prepared for the April 16 meeting. ENVIRON. EXCISE City Attorney requested Council to consider an TAX - DUFFEY extension in approving a trust deed submitted by Mr. Kenneth M. Duffey to secure payment of an environmental excise tax, payable at the rate of $200 per year, plus interest at 7 I% for 5 years, until Council has reviewed an amendment to Ordinance No. 20. It was moved by Councilman Buerk, seconded by Councilman Dyda and carried, to approve the extension of Mr. Duffey's request. FLOOD INSURANCE City Manager requested this item be placed on PROGRAM April 16 agenda so that further information will be available to Council. CLAIM AGAINST CITY - City Attorney reported Mr. Herbert A. Comstock COMSTOCK (30 3) has no claim against the City and a letter to this effect has been mailed to Mr. Comstock. BALDWIN PARK City Manager requested Council to authorize SALES TAX SUIT (15 01) the Mayor to sign the agreement for the City to join in the Baldwin Park Sales Tax Suit and to correct the population figure of the City to 59,925. It was moved by Councilman Dyda, seconded by Councilman Buerk and carried, that the Mayor be authorized to sign the agreement as corrected. MILEAGE (1 5 05) Following discussion, it was moved by Council- man Dyda, seconded by Councilman Ryan and carried, that 14 be the mileage reimbursement rate for city business. CITY OFFICES City Manager requested Council authorization LEASE (302) for the Mayor to sign a month-to-month lease for the City Offices, Suites 201 and 205, at a rate of $950, and reported that a provision of the lease includes a sign for the City. City Attorney indicated the lease had been reviewed and is in order. It was moved by Councilman Dyda, seconded by Councilman Buerk and carried, that the Mayor be authorized to sign the lease. Council 137 April 2, 1974 RES. 74-31 City Attorney read by title RESOLUTION REGISTER OF DEMANDS (3 0 3) NO. 74-31 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $5048.25 DEMAND NUMBERS 293 THROUGH 306. It was moved by Councilman Dyda, seconded by Councilman Ryan and carried, that the resolution be adopted. On roll call vote: AYES: Buerk, Dyda, Ruth, R. Ryan, M. Ryan NOES: None ABSENT: None ITINERANT MERCHANTS City Manager summarized the position of the itinerant merchants. Councilman Ryan inquired about the possibility of shoulder repair, and the City Manager agreed to have the situation studied. BUDGET PREPARATION April 20 has been scheduled for Council work session with staff to assist in developing goals and objectives for budget preparation. City Manager invited Council to meet with staff and the County Departments--Sheriff, Parks & Recreation, Road, Engineering and Animal Control. COMMENDATION - Councilman Buerk requested the record show the DORIS BROWN Council commending Doris Brown for her excellent job in working with the Council and organizing their meetings. EXECUTIVE SESSION At 11:30 p.m., on motion of Councilman Dyda, seconded by Councilman Ruth and carried, Council adjourned to Executive Session to discuss legal and personnel matters. The meeting was reconvened at 12:59 a.m. , and the Mayor announced the following Budget Subcommittee members: Sheriff - - - - - - Councilmen Dyda and Ruth Parks & Recreation - - Mayor Ryan and Councilman Ryan Road - - - - - - - Mayor Ryan and Councilman Buerk Building/Engineering - - Councilmen Dyda and Ryan Animal Control - - - - Councilmen Buerk and Ruth Council 138 April 2, 1974 ADJOURNMENT At 1:00 a.m. , the meeting was adjourned to April 9, 1974, 7:30 p.m. , in the City Offices for a study session, on motion of Councilman Dyda, seconded by Councilman Buerk and carried. 92a41::4I YOR 1?t41 / LEONARD G. WOOD, CITY CLERK AND EX OFFICIO CLERK OF THE COUNCIL Oat/J(44(4Z Oyu,* Council 139 April 2, 1974