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CC MINS 19740702 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL Regular Meeting July 2, 1974 The meeting was called to order at 7:43 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 and Mayor Marilyn Ryan ABSENT: Councilman Robert E. Ryan Also present were City Manager Leonard G. Wood, City Attorney Glenn Watson, Legal Intern Mitchell Abbott, Planning Director Sharon Hightower and Adminis- trative Services Officer David B. Smith. MINUTES APPROVAL Councilman Buerk requested that the Minutes of June 18, 1974, be amended to indicate that Mayor Ryan left the meeting at 11:59 p.m. and that Mayor Pro Tem Dyda assumed the chair. On motion of Councilman Dyda, seconded by Councilman Ruth, the minutes were approved as amended. PUBLIC HEARING - Hearing was opened on the adoption of Ordinance ORD. 39 - CO. HEALTH No. 39, which would adopt by reference the Los CODE AMEND. RE. RABIES Angeles County Health Code (Ordinance No. 7583) (801) amendment regarding rabies--such amendment adopted since Council adopted the County Health Code by Ordinance No. 15--and which would pro- vide for the enforcement of rabies regulations by the City of Rancho Palos Verdes. City Manager reported that notice of hear- ing was given, with affidavit thereto on file with the Clerk. There being no response to the Mayor's call for testimony, the hearing was declared closed. ORDINANCE NO. 39 OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE, PURSUANT TO SECTION 50022.2 OF THE GOVERNMENT CODE, ORDINANCE NO. 7583 OF THE COUNTY OF LOS ANGELES ENTITLED "AN ORDINANCE ADOPTING A HEALTH CODE" AND AMEND- ING THE RANCHO PALOS VERDES MUNICIPAL CODE was read by title, first reading having been given June 5, 1974. It was moved by Councilman Dyda, seconded by Councilman Ruth and unanimously carried, that Council waive further reading and adopt the Ordinance. On roll call vote: AYES: Buerk, Dyda, Ruth, M. Ryan NOES: None ABSENT: R. Ryan PUBLIC HEARING - Hearing was opened by the Mayor on the adoption ORD. 40 - CO. FLOOD of Ordinance No. 40, which would adopt by CONTROL ORD. (604) reference the Los Angeles County Flood Control Ordinance (Ordinance No. 1549) as amended, prohibiting the obstruction of drainage basins. Planning Director reported that notice of hear- ing was given, with affidavit thereto on file with the Clerk. There being no response to the Mayor's call for testimony, the hearing was declared closed. Council 179 July 2, 1974 ORDINANCE NO. 40 OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE, PURSUANT TO SECTION 50022.2 OF THE GOVERNMENT CODE, ORDINANCE NO. 1549 OF THE COUNTY OF LOS ANGELES ENTITLED "AN ORDINANCE PROHIBITING INTERFERENCE WITH, DAMAGE TO, DESTRUCTION OR USE OF ANY FLOOD CONTROL, STORM DRAIN OR WATER CONSERVATION STRUCTURE, FACILITY, APPURTENANCES OR ANY OTHER PROPERTY OWNED, CONSTRUCTED, MAINTAINED OR CONTROLLED BY THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT IN THE COUNTY OF LOS ANGELES WITHOUT A PERMIT THEREFOR, AND PROHIBIT- ING THE DUMPING OF ANY RUBBISH OR THE PLACING OF ANY OBSTRUCTION IN THE STREAM- BED OR ON THE BANK OF ANY RIVER, STREAM, WASH, ARROYO OR FLOOD CONTROL CHANNEL, RESERVIOR, DEBRIS BASIN OR SPREADING GROUND IN THE COUNTY OF LOS ANGELES" AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was read by title, first read- ing having been given June 5, 1974. It was moved by Councilman Buerk, seconded by Councilman Dyda and carried unanimously, that Council waive further reading and adopt Ordinance No. 40. On roll call vote: AYES: Buerk, Dyda, Ruth, M. Ryan NOES: None ABSENT: R. Ryan ORD. 42 - FEE FOR Planning Director summarized provisions of SETBACK MODIFICATION proposed Ordinance No. 42, including the APPLICATION (1 8 03) setting of a $50 fee for setback modification application. ORDINANCE NO. 42 OF THE CITY OF RANCHO PALOS VERDES PLACING CERTAIN ORDINANCE PROVISIONS RELATING TO ZONING IN THE RANCHO PALOS VERDES MUNICIPAL CODE, PRO- VIDING FOR CERTAIN FEES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was read by title, first reading having been given June 18, 1974. It was moved by Councilman Dyda, seconded by Councilman Buerk and unanimously carried, that Council waive further reading and adopt the Ordinance. On roll call vote: AYES: Buerk, Dyda, Ruth, M. Ryan NOES: None ABSENT: R. Ryan ORD. 43U - PENALTIES, City Attorney introduced by title ORDINANCE RULES OF CONSTRUCTION NO. 43U OF THE CITY OF RANCHO PALOS VERDES AND SECURITY BONDS PROVIDING FOR PENALTIES, RULES OF CONSTRUCTION (201/1103/902) AND SECURITY BONDS, AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF and urged Council to adopt the Ordinance in view of the fact at present the Municipal Code contains no general provision making violations of the Code a misdemeanor. It was moved by Councilman Ruth, seconded by Councilman Dyda and unanimously carried, that Council adopt Ordinance No. 43U. On roll call vote: AYES: Buerk, Dyda, Ruth, M. Ryan NOES: None ABSENT: R. Ryan ORD. 43 - PENALTIES, City Attorney introduced by title ORDINANCE RULES OF CONSTRUCTION NO. 43 OF THE CITY OF RANCHO PALOS VERDES AND SECURITY BONDS PROVIDING FOR PENALTIES, RULES OF CONSTRUCTION (201/ 1103/902) AND SECURITY BONDS, AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. It was moved by Council- man Dyda, seconded by Councilman Ruth and unanimously carried, that Council waive further reading and pass to second reading Ordinance No. 43. On roll call vote: AYES: Buerk, Dyda, Ruth, M. Ryan NOES: None ABSENT: R. Ryan Council 180 July 2, 1974 ORD. 44 - MORATORIUM ORDINANCE NO. 44 OF THE CITY OF RANCHO PALOS EXEMPTION - TENNIS VERDES REMOVING CERTAIN PROPERTY FROM THE FACILITY (MARYMOUNT EXISTING MORATORIUM ON CERTAIN PERMITS AND COLLEGE) MAPS AND AMENDING ORDINANCES NOS. 16 AND 16U AS AMENDED BY ORDINANCE NO. 29U OF THE CITY OF RANCHO PALOS VERDES, exempting from the moratorium approximately 3 acres of land on the grounds of Marymount College for the development of a commercial tennis facility, was introduced for first reading by title. It was moved by Council- man Ruth, seconded by Councilman Buerk and carried, that Council waive further reading of the ordinance and pass to second reading. On roll call vote: AYES: Buerk, Dyda, Ruth, M. Ryan NOES: None 11/ ABSENT: R. Ryan ORD. 45 - MORATORIUM ORDINANCE NO. 45 OF THE CITY OF RANCHO PALOS EXEMPTION - MICROWAVE VERDES REMOVING CERTAIN PROPERTY FROM THE FACILITY (SO. CALIF. EXISTING MORATORIUM ON CERTAIN PERMITS AND EDISON) MAPS AND AMENDING ORDINANCES NOS. 16 AND 16U AS AMENDED BY ORDINANCE NO. 29U OF THE CITY OF RANCHO PALOS VERDES, exempting from the moratorium property on which Southern Cali- fornia Edison will make application for conditional use permit for the installa- tion of a microwave facility, was introduced for first reading by title. It was moved by Councilman Dyda, seconded by Councilman Ruth and carried, that Council waive further reading and pass to second reading Ordinance No. 45. On roll call vote: AYES: Buerk, Dyda, Ruth, M. Ryan NOES: None ABSENT: R. Ryan PAC - MORATORIUM - Planning Director briefed Council on applica- TENNIS FACILITY tion of Ken and Shirley Boren for the exemption (Boren) (1801) from the moratorium to construct tennis facility in the Portuguese Bend area. Following discussion, it was moved by Councilman Ruth, seconded by Councilman Dyda and carried, that Council deny the request for exemption based on criteria for considering exemptions from the moratorium and the recommendation of the Planning Advisory Committee. PAC - MORATORIUM - Planning Director reported on request for VIA CAMPESINA removal from the moratorium of the Via Campesina (Meine) property and the Planning Advisory Committee 11/ recommendation of exclusion of the central portion of the property from the moratorium area. Richard Meine, Via Campesina, and Leo Poxon, 5375 Rolling Ridge, indicated they were present to clarify questions of Council. It was moved by Councilman Buerk, seconded by Councilman Dyda and carried, that the central portion of the property be excluded from the moratorium, and directed staff to prepare an appropriate ordinance. Council 181 July 2, 1974 PAC - MORATORIUM - Planning Director briefed Council on request BARKENTINE ROAD of Walter A. Kirwan to make alteration of a (Kirwan) single family residence in the Abalone Cove area. Following discussion, it was moved by Councilman Dyda, seconded by Councilman Ruth and carried, that a portion of Lower Abalone Cove be excluded from the moratorium, and that staff be directed to prepare an appropriate ordinance. RES. 74-50/PVP SCHL. RESOLUTION NO. 74-50 OF THE CITY OF RANCHO DIST. RES. 2-74 - PALOS VERDES AND RESOLUTION NO. 2-74 OF THE NIKE SITE APPLICATION PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT (6 01) OF INTENTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AND THE BOARD OF EDUCA- TION OF THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT TO JOIN IN MAKING APPLICATION TO ACQUIRE PROPERTY KNOWN AS LOS ANGELES DEFENSE AREA NIKE SITE NO. 55 (POINT VICENTE) was read by title. Following discussion, it was suggested that the word "civic" be inserted in Paragraphs 5 and 6. It was moved by Councilman Dyda, seconded by Councilman Ruth and unanimously carried, that Council adopt Resolution No. 74-50 as amended. RES. 74-52 - Following discussion of possible uses of CO. AID TO County Aid to Cities Funds, RESOLUTION NO. 74-52 CITIES FUNDS OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS (1403) VERDES REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF SELECT SYSTEM STREETS was introduced by title. It was moved by Councilman Dyda, seconded by Councilman Ruth and unanimously carried, that Council waive further reading and adopt the resolution. RES. 74-49 - City Attorney briefed Council on proposed CANCELLATION OF resolution which would make provision for the CERTAIN TAXES cancellation of taxes erroneously or illegally AND ASSESSMENTS assessed without the consent of the City (103/1501) Attorney. Following reading by title of RESOLUTION NO. 74-49 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING APPROPRIATE OFFICERS OF THE COUNTY OF LOS ANGELES TO CANCEL CERTAIN TAXES AND ASSESSMENTS OF THE CITY WITHOUT THE CONSENT OF THE CITY ATTORNEY OR OTHER OFFICER OF THE CITY, it was moved by Councilman Ruth, seconded by Councilman Dyda and carried, that Council waive further reading and adopt the resolution. URBAN MASS Administrative Services Officer reported on TRANSIT Los Angeles County's request for City support in their bid to be included in the Fund A category of mass transit funding. It was Council's feeling that it was to the City's best interest to support the obtaining of maximum Federal funding for the proposed rapid transit system for Los Angeles County and that a resolution be prepared for adoption. It was moved by Councilman Buerk, seconded by Councilman Dyda and carried, that staff be directed to prepare a resolution for consideration at the next Regular meeting of Council. Council 182 July 2, 1974 RES. 74-51 - REGISTER RESOLUTION NO. 74-51 OF THE CITY COUNCIL OF OF DEMANDS THE CITY OF RANCHO PALOS VE RDE S ALLOWING CER- TAIN CLAIMS AND DEMANDS IN THE SUM OF $223,268.66, DEMAND NUMBERS 432 THROUGH 443 was presented by title, and staff answered questions of Council regarding investments. On motion of Councilman Dyda, seconded by Councilman Buerk and carried unanimously, further reading was waived and the resolution adopted on the following roll call vote: AYES: Buerk, Dyda, Ruth, M. Ryan NOES: None ABSENT: R. Ryan RECESS At 8:58 p.m. , the Mayor declared a five-minute recess. Council reconvened at 9:10 p.m. with same members present. NIKE SITE - ESTIMATED City Manager reviewed with Council estimate BUDGET REQUIREMENTS of budget requirements for use of Nike Site (601) prepared by South Bay Engineering Corporation, and reported meeting scheduled for July 9 with the Army Corps of Engineers and the City. Following discussion relative to the pros and cons of using the Nike facilities, Council scheduled a work session at the City Offices for Wednesday, July 3. P.V. COM. ARTS Council received and filed request submitted ASSOC. - ART FOR by the Palos Verdes Community Arts Association FUN(D) 'S SAKE for use of the Nike Site--if it should become 1974 (310) City property--for the Art for Fun(d) 's Sake festival. CITY CELEBRATION Council received letter from Save Our Coastline (310) and considered proposal submitted by Bourne- Kirbach relative to the City's anniversary cele- bration. Following discussion, Council requested staff to prepare a proclamation for the next Regular meeting designating the week of August 31 through September 7 as the anniversary week. Councilman Dyda indicated willingness to work with Golden Cove Merchants Associ- ation and other interested groups in developing plans for the City's anniversary. YOUTH TREATMENT City Manager briefed Council on youth treatment & DIVERSION and diversion proposal for the South Bay area PROPOSAL FOR and agreed to attend meeting on July 3 to obtain SO. BAY AREA further information regarding the program. City Manager will report details of the program and the use of funds to Council. Council 183 July 2, 1974 SURPLUS SCHOOL City Manager presented interim report of SITES (1401) the Palos Verdes Peninsula Unified School District regarding surplus school sites in which the City has an interest, and reported letter had been sent requesting that the surplus school sites not be disposed of until the General Plan has been completed. SLIDE AREA Councilman Buerk inquired as to background of report regarding the inactive slide area and requested the City Manager to investigate this situation with the County. CONFLICT OF City Attorney pointed out to Council that the INTEREST REPORTS Conflict of Interest Reports are now due in September rather than April, as originally scheduled. PLANNING City Attorney reported a bill had passed granting an extention of time for general planning requirements. REVENUE/TAXATION City Attorney reported a bill allowing the City to levy a property tax had been presented to the Assembly and was still pending at the time of recess, but it is expected to be passed and will go into effect in August. ZONING City Attorney reported the Court has held that where a piece of property has been subdivided and remains unimproved, and a zoning ordinance is passed upgrading the required size of lots-- in the absence of enforcement of construction or other vested rights--it can be upgraded by a zoning ordinance. MAY CO. SUIT City Attorney reported after 2 days of trial in the May Company case, the Court took the matter under decision, and a decision should be reached by the first part of the week of July 8. ENVIRON. EXCISE City Attorney reported that the legality of TAX & BUS. LICENSE the environmental excise tax and the business TAX license tax has been continued by the Court to July 25. Council 184 July 2, 1974 CONDO. SUIT The suit of Mr. Nackowski, originally set for July 10, has been continued by the Court to August. EXECUTIVE SESSION At 9:55 p.m., on motion of Councilman Buerk, seconded by Councilman Dyda, Council adjourned to Executive Session to discuss legal matters. ADJOURNMENT At 10:35 p.m., on motion of Councilman Dyda, seconded by Councilman Ruth, Council adjourned to 8 p.m., July 3, 1974, in the City Offices for a study session regarding the Nike Site. 4R LEONARD G. WOOD, CITY CLERK AND EX OFFICIO CLERK OF THE COUNCIL gris‘l; 14-91(A2 - Council 185 July 2, 1974