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CC MINS 19740820 MINUTES RANCHO PALOS VERDES CITY COUNCIL Regular Meeting August 20, 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, Planning Director Sharon Hightower, Community Services Officer Doris Brown, Acting Adminis- trative Officer Janice Du Par. MINUTES APPROVAL It was moved by Councilman Dyda, seconded by Councilman Ryan and carried that the Minutes of the Meeting of August 6, 1974 be approved as distributed. PUBLIC HEARING - The Clerk reporting notice given with BARKENTINE ROAD evidence on file, Mayor Ryan opened the UNDERGROUND hearing to determine whether a resolution UTILITY DISTRICT shall be adopted to establish an underground utility district pursuant to Ordinance No. 38. Mr. Robert Moller, Deputy City Engineer, gave a brief history of the facts surround- ing the proposed formation of the utility district. Following discussion, City Attorney suggested certain changes in the language for the proposed Resolution which changes were agreed upon by Council . The Mayor asked for any further questions or comments from the audience present, and receiving none, declared the hearing closed. Resolution No. 74-66 was read by title, and it was moved by Councilman Dyda, seconded by Councilman Ryan and unanimously carried to waive further reading and adopt RESOLUTION NO. 74-66 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING BARKENTINE ROAD UNDER- GROUND UTILITY DISTRICT PURSUANT TO ORDINANCE NO. 38. PUBLIC HEARING - The Clerk reporting notice given with INTERIM OPEN SPACE evidence on file, Mayor Ryan opened the PLAN hearing to consider adopting a proposed Interim Open Space Plan to the City's General Plan. Planning Director presented the plan to Council stating it is intended to meet the requirements of the Government Code and includes a statement of pre- liminary goals and planning program underway to complete the final plan being developed through the Environmental Services Staff and General Plan Goals Committee. There being no response to the call for testimony, the hearing was closed. Resolution No. 74-67 was read by title, and it was moved by Councilman Dyda, seconded by Councilman Ryan and unanimously carried to waive further reading and adopt RESOLUTION NO. 74-67 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPT- ING THE INTERIM OPEN SPACE PLAN OF THE RANCHO PALOS VERDES GENERAL PLAN. Council 206 August 20, 1974 4 ORD. 51U - ORDINANCE NO. 51U OF THE CITY OF EXTENDING INTERIM RANCHO PALOS VERDES EXTENDING INTERIM ZONING ZONING, ZONING AND CLASSIFYING PROPERTY WITHIN THE CITY ON AN INTERIM BASIS AND ADOPTING BY REFERENCE, PURSUANT TO SECTION 50022.2 OF THE GOVERNMENT CODE, ORDINANCE NO. 1494 OF THE COUNTY OF LOS ANGELES ENTITLED "THE ZONING ORDINANCE" AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF was introduced by title for first reading. City Attorney stated the proposed ordinance would extend the adoption of the Los Angeles County Zoning Ordinance as the City Zoning Ordinance. It was moved by Councilman Dyda, seconded by Councilman Buerk and unanimously carried to waive further reading and pass the Ordinance to second reading, setting the hearing thereon for September 3, 1974. ORD. 50 - ORDINANCE NO. 50 OF THE CITY OF ANIMAL CONTROL RANCHO PALOS VERDES AMENDING THE (LICENSE FEES) ANIMAL CONTROL ORDINANCE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE was presented by title for second reading, first reading having been given August 6, 1974. There was some discussion between Council members and the City Manager as to whether or not the suggested license fee rates providing reductions in fees as incentive to pet owners to have their animals spayed or neutered would prove effective. It was suggested that perhaps the City could establish its own animal control service. City Manager suggested adopting the Ordinance at this time and looking further into the suggestions and proposed amendments at a later date. Thereupon, it was moved by Councilman Buerk, seconded by Councilman Dyda to waive further reading and adopt Ordinance No. 50. On roll call vote: AYES: Buerk, Dyda, Ruth, R. Ryan, M. Ryan NOES: None ABSENT: None ORD. 53 - ORDINANCE NO. 53 OF THE CITY OF MORATORIUM EXEMPTION RANCHO PALOS VERDES EXEMPTING CERTAIN (SEACOVE) PROPERTY FROM THE EXISTING MORA- TORIUM ON CERTAIN PERMITS AND AMENDING ORDINANCES NOS. 16 AND 16U OF THE CITY OF RANCHO PALOS VERDES was introduced by title for first reading. It was moved by Councilman Dyda, seconded by Councilman Ruth and unanimously carried to waive further reading and pass the Ordinance to second reading. RES. 74-68 - RESOLUTION NO. 74-68 OF THE CITY CITY TAX RATE OF RANCHO PALOS VERDES FIXING THE TAX RATE AND LEVYING TAXES FOR THE FISCAL YEAR BEGINNING JULY 1 , 1974 was read by title. The City Manager stated the assessed tax figures at $178,246,410, with a tax rate of .1820. It was moved by Councilman Buerk, seconded by Councilman Dyda and carried that further reading be waived and the Resolution be adopted. On roll call vote: AYES: Buerk, Dyda, Ruth, R. Ryan, M. Ryan NOES: None ABSENT: None Council 207 August 20, 1974 RES. 74-69 - RESOLUTION NO. 74-69 OF THE CITY COUNCIL TAX RATES FOR OF THE CITY OF RANCHO PALOS VERDES FIXING PARK DISTRICTS THE TAX RATES FOR AND LEVYING RECREATION AND PARK DISTRICTS TAXES UPON TAXABLE PROPERTY WTIHIN SUCH DISTRICTS FOR FISCAL YEAR 1974-75 was read by title. City Manager presented proposed tax assessments for the various park districts and the City Attorney explained procedure by which the taxes are collected by the City and held by the Treasurer for disbursement to the respective park districts and that this fixing of the tax rates and levying taxes is merely a continuation of the park districts' tax assessments prior to the incorporation of the City. It was moved by Councilman Dyda, seconded by Councilman Ryan and carried that further reading be waived and the Resolution be adopted. On roll call vote: AYES: Buerk, Dyda, Ruth, R. Ryan, M. Ryan NOES: None ABSENT: None RES. 74-70 - RESOLUTION NO. 74-70 OF THE CITY COUNCIL REVENUE SHARING OF THE CITY OF RANCHO PALOS VERDES CREDIT FOR FIRE PROVIDING REVENUE SHARING CREDIT FOR COUNTY PROTECTION TAXES FIRE PROTECTION TAXES PAID BY CITY PROPERTY OWNERS BY ELIMINATING EXISTING TAX AND ESTABLISHING A TAX IN PLACE THEREOF was read by title. It was moved by Councilman Dyda, seconded by Councilman Ryan and carried that further reading be waived and the Resolution be adopted. On roll call vote: AYES: Buerk, Dyda, Ruth, R. Ryan, M. Ryan NOES: None ABSENT: None RES. 74-71 - RESOLUTION NO. 74-71 OF THE CITY COUNCIL SOUTH BAY JUVENILE OF THE CITY OF RANCHO PALOS VERDES DIVERSION PROJECT DECLARING ITS INTENTION TO PARTICIPATE IN THE SOUTH BAY JUVENILE DIVERSION PROJECT AND AGREEING TO PROVIDE MATCHING FUNDS REQUIRED FOR THE PROJECT was read by title. It was moved by Councilman Dyda, seconded by Councilman Ruth and unanimously carried that further reading be waived and the Resolution be adopted. CITY NAME CHANGE City Clerk presented Certificate of Sufficiency regarding the number of qualified registered voters who signed the Petition to change the name of the City and said Certificate was received and filed by the Council . RES. 74-72 - RESOLUTION NO. 74-72 OF THE CITY COUNCIL NOTICE OF ELECTION OF THE CITY OF RANCHO PALOS VERDES CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON THE 5TH DAY OF NOVEMBER, 1974 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY THE QUESTION OF WHETHER THE NAME OF SAID CITY SHALL BE CHANGED FROM RANCHO PALOS VERDES TO PALOS VERDES was read by title. Following further discussion by Council , it was moved by Councilman Dyda, seconded by Councilman Ryan and unanimously carried that further reading be waived and the Resolution be adopted. Council 208 August 20, 1974 RES. 74-73 - RESOLUTION NO. 74-73 OF THE CITY COUNCIL CONSOLIDATION OF OF THE CITY OF RANCHO PALOS VERDES CITY ELECTION WITH REQUESTING THE LOS ANGELES COUNTY BOARD STATEWIDE ELECTION OF SUPERVISORS TO CONSOLIDATE THE CITY NOVEMBER 5. OF RANCHO PALOS VERDES SPECIAL ELECTION WITH THE STATEWIDE ELECTION TO BE HELD NOVEMBER 5, 1974 was read by title. It was moved by Councilman Dyda, seconded by Councilman Ryan and unanimously carried that further reading be waived and the Resolution be adopted. The City Clerk stated the deadline for receiving and filing arguments for or against the proposed ballot measure is September 4, 1974. Mr. J. B. McGuire of the Committee for Palos Verdes appeared before the Council to express his appreciation to the City for their cooperation in matter of the election. LIGHTING OF TENNIS Planning Director reviewed written FACILITY - PETTENGILL, report regarding further study and KAMEN & ASSOC. (Condi- meetings between Applicant, La tional Use Permit No.4) Cresta Homeowners and Planning Department; Applicant proposed changes to alleviate the complaints from residents in the area concerning the impact of the tennis court lighting. Speaking on behalf application were Mr. Robert Pettengi l l ; Mr. Isadore Kamen; Mr. John Ogden of Hubbell Lighting Co. who made a presentation on the type of lighting proposed for the tennis facility; and Mr. John Margraf of The Strand Architects, who reviewed the lines of view from the residents above site and presented photographs of the views and proposed landscaping. The following people appeared, registered their names and asked that they be placed on the record as being in favor of the application: Bill Alton, 30803 Via La Cresta; Mrs. R. Thomas Scharer, 30158 Avenida de Col ma; Sandra Feinberg, 6823 Faircove Drive; Alan Feinberg, 6823 Faircove Drive; Jane Trefts, 6 Clovertree Place; Mrs. Wm. C. Parro, 1649 Espinosa Circle, PVE; Gerald M. Greco, 30459 Via Victoria; Mary Lou and Bob Gragg, 28403 Coveridge Dr. ; Mrs. Le tti a S . Hicks; Andrew R. Martin, 32640 Na ntas ke t; Agnes Moran, 28603 Coveridge Dr. ; Mr.&Mrs. Herb Martin, 28814 CedarBl uff, and Mr. & Mrs. E. J Brennan, 28717 Circlet.Dr. , Rancho Palos Verdes. Speaking in opposition to the proposed facility were the following: William E. Meikle, Russell Schwieger, Bernard Nelson, Nancy Guenther & Alfred Guenther, the La Cresta Homeowners Association; Dick Meng, 6601 Lautrec Pl., of Le Monaco Homeowners Association; Joyce Taylor, 6822 Val l on Drive; Holly Nelson, 30856 Via La Cresta; Dr. Alvin M. Gottlieb, 30738 Via La Cresta; and The following people appeared, registered their names and asked that they be placed on the record as being in opposition to the application: Rosemary Schweiger, La Cresta Homeowners Association; Mrs. Judy Meikle, 30846 Via La Cresta. A petition opposing the facility signed by 150 residents of the area was presented to Council . The Council also ordered filed Robert E. King's letter who originally appealed the Negative Declaration. A resolution of the La Cresta Homeowners' Association was presented to Council requesting that the City Council order a total Environmental Impact Report prepared. Opponents protested the lack of notice and potential problems of traffic, view obstruction and noise as well as lighting, and requested the City Council to reconsider and order an Environmental Impact Report. Council Z09 August 20, 1974 Speaking in rebuttal , were Mr. John Margraf noting that all legal procedures as to notices had been filed by Applicant, and Mr. John Ogden regarding some of the objections to lighting. The Mayor then closed the hearing and called for questions and discussion from Council . There was considerable discussion as to how remedies for traffic, lighting, view and noise problems could be resolved as well as the issue of insufficient notice to the residents. Councilman Ruth suggested limiting hours of tennis play further than previously proposed. A motion by Councilman Buerk to rescind the Conditional Use Permit and the Negative Declaration and request an Environmental Impact Report on the project was seconded for purposes of discussion by Councilman Ryan who questioned the need for an entire report. Councilman Buerk agreed to having the report limited to lighting, views, noise and traffic. Acting upon the advice of the City Attorney, a motion to reconsider the August 6th action was made by Councilman Dyda, seconded by Councilman Buerk and carried. Discussion of the necessity for professional input on the four elements to be provided by the Applicant as opposed to a possible "meet and confer" arrangement between the Applicant and the homeowners was followed by a vote on the original motion, which failed. A motion by Councilman Ruth to limit lighting on two courts to 35' candles, on two courts to 25' candles; limiting hours of p1ay to 10:00 P.M. two nights a week and 6:30 P.M. on weekends; and requiring a traffic survey by applicant was seconded by Councilman Dyda for discussion but following discussion failed. It was then moved by Councilman Dyda, seconded by Councilman Ryan and carried that the hearing be reopened and continued to September 17, 1974; that prior to said date, the Applicant and homeowners are requested to meet with Councilmen Dyda and Buerk on the problems of lighting, view, noise and traffic; and that the City Traffic Engineer will provide data and recommendatons on traffic. MAINTENANCE OF Proposal for maintenance of Whitley Collins MEDIAN STRIPS median strip presented to Council by Ray Mathys of Mesa Palos Verdes Homeowners group ($120 suggested figure to be contributed by the City for maintenance) . Matter was then referred to staff pending receipt of proposal from Seaview Homeowner's group and for an impact study on the median strips for the entire City. City Manager reported the $3,000 deposit was being requested from the County and information on this would be presented at the next meeting. SEPARATE NEWSPAPER Les Haug of Browning-Ferris Industries COLLECTION PILOT PROGRAM presented proposal for pilot program and ex- plained possible federal funding. Margaret DeCristofaro of the American Association of Univ. Women offered the assistance of her group & League of Women Voters. The matter was referred to staff for review and proposals for implementation and any necessary ordinance. CITY ANNIVERSARY This matter was continued to the next CELEBRATION meeting on August 27. SURPLUS SCHOOL This matter was continued to the next SITES meeting on August 27. MADRONA MARSH Council heard presentation by Friends of Madrona Marsh seeking support from the City for retention of the Madrona Marsh as a wildlife preserve. Council 210 August 20, 1974 After discussion, the following Resolution was read in full : RESOLUTION NO. 74-75 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES SUPPORTING PRESERVATION OF MADRONA MARSH AS A WILDLIFE HABITAT AND DEVELOP- MENT OF A NATURE CENTER. It was moved by Councilman Ryan, seconded by Councilman Ruth and carried to adopt the Resolution. EXCISE TAX Acting on an appeal on behalf of Los APPEAL Verdes Co. , AEZ Land Co. , ZVU, and J. S. Realty Co. by Christopher A. Carr, Attorney, to reverse the excise taxes levied, it was moved by Councilman Dyda, seconded by Councilman Ryan and carried that Council deny the appeal . RES. 74-74 - DEMANDS RESOLUTION NO. 74-74 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $240,518.34 DEMAND NUMBERS 511 THROUGH 531 was read by title. It was moved by Councilman Dyda, seconded by Councilman Ruth and unanimously carried to waive further reading and adopt the Resolution. NEWSLETTER Acting on City Manager's report, Council authorized employment of Bourne & Kirbach to prepare and coordinate on trial basis the first City newsletter utilizing news- paper printing, with direct mail distribution on motion of Councilman Dyda, seconded by Councilman Ryan and carried. EXECUTIVE SESSION At 1 :15 A.M. , Council adjourned to Executive Session on a personnel matter, reconvening at 1 :30 A.M. with all members present SALARIES Council considered and approved on motion of Councilman Dyda, seconded by Councilman Ruth and carried that the City Manager's report on increases in salaries and range adjustments to be effective September 1 . The City Manager was instructed towork out a review system for step increases within ranges emphasizing merit and bring back to Council a proposed resolution on this subject incorporating the approved increases and ranges. ADJOURNMENT There being no further business to come before the City Council the meeting was adjourned to 7:30 P.M. August 27, 1974 at the City Offices on motion of Councilman Buerk, seconded by Councilman Ruth and carried. L YOR LEONARD G. WOOD, CITY CLERK AND EX OFFICIO CLERK OF THE COUNCIL calt;4 Deputy Council 211 August 20, 1974