CC MINS 19781003 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
OCTOBER 3, 1978
The meeting was called to order at 7:30 P.M. by Mayor Ken Dyda at the Palos Verdes
Peninsula Unified School District Building, 30942 Hawthorne Boulevard. Following
the Pledge of Allegiance to the flag, roll call was answered as follows:
PRESENT: RYAN, BUERK, SHAW, REIN & MAYOR DYDA
ABSENT: NONE
Also present were City Attorney Patrick Coughlan, City Manager Leonard Wood,
Administrative Assistant Trish Hanelin, Director of Planning Sharon W. Hightower,
Director of Public Works Dennis Pikus, Administrative Services Officer George
Wunderlin and Deputy City Clerk Mary Jo Lof thus.
CEREMONIAL MATTER Mayor Dyda presented a commemorative
Fire.Prevention Week proclamation to Fire Chief Paul Schneider
(304) proclaiming the week of October 8 through
14th as Fire Prevention Week. This proc-
lamation urged all citizens and civic organizations to share actively in observing
this week.
National 4-H Club A proclamation was also presented to
representatives of two of the Peninsula
branches of the 4-H Club proclaiming the week of October 1 through 7th as National
4-H Club Week in the City.
APPROVAL OF AGENDA After addition of the following: Contract
Cities Meeting (Hein); Pt. Vicente Walkway
(Shaw) ; Grading Projects (Ryan) ; Membership in the Peninsula Chamber of Commerce
(Ryan) ; Palos Verdes Switchboard (Ryan) ; Geology Proposals (added to New Business) ;
and, Ordinance No. 109U (Moratorium on formation of cooperative housing) the Agenda
as amended was unanimously approved on motion of Councilwoman Shaw, seconded by
Councilman Ryan.
WAIVER OF FULL READING OF Councilwoman Shaw moved,seconded by Council-
ORDINANCES & RESOLUTIONS man Ryan and unanimously carried, to waive
reading in full of all ordinances and resolu-
tions adopted at this meeting with consent to the waiver of reading to be deemed to
be given by all members of Council after the reading of the title, unless specific
request was made at that time for the reading of such ordinance or resolution.
CONSENT CALENDAR After removal of the minutes of September
11/ 19, 1978, the Consent Calendar was approved
as follows on motion of Councilman Ryan,
seconded by Councilwoman Hein.
REGISTER OF DEMANDS ADOPTED RESOLUTION NO. 78-63 OF THE CITY
RESOL. NO. 78-63 COUNCIL OF THE CITY OF RANCHO PALOS VERDES
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE
SUM OF $301,230.37, DEMAND NUMBERS 5428 THROUGH 5476.
OFFER OF DEDICATION Council accepted the offer of dedication,
PALOS VERDES DRIVE SOUTH instructed staff to advise South Bay
AT FORRESTAL DRIVE Engineering to proceed with processing
(1804) of the deed, and authorized the Mayor to
sign the deed.
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ORDINANCE NO. 109U Director Hightower summarized the memorandum
MORATORIUM ON FORMATION OF STOCK of May 1, 1978 prepared by the City Attorney's
COOPERATIVE HOUSING office which defined a stock cooperative and
(1804) their regulations.
Under present City ordinances, conversion to stock cooperative housing does not
require City approval. Therefore, the .Planning Commission was requesting Council
consideration of this ordinance. The City Attorney was proposing that it be adopted
as an emergency ordinance.
This moratorium would be in effect for four months: if Council wished to extend it,
a public hearing must be held by the Planning Commission.
In response to Council's questions regarding the features of a stock cooperative,
and the City's ability to regulate these cooperatives, City Attorney Coughlan
responded that since people own an interest in a structure, there is a higher
demand for City services than with rental buildings. With conversion to con-
dominiums, the City can require that__they meet certain code standards but that was
not the case with these cooperatives. This four month moratorium would enable
the staff to study the impact on the housing mix of the city and make a recom-
mendation to the Planning Commission dealing with these conversions. The purpose
of the moratorium would be to hold the status quo to consider whether or not it
was appropriate to take this action.
John Thretheway, representing Landmark Properties, asked at what stage of conversion
this moratorium would take effect. Presently, his client had filed an application
with the Department of Real Estate and had entered into contractural relationships
for the sale of some units.
Speaking on behalf of the Planning Commission, Chairman Mel Hughes, said it was
not the recommendation of the Commission that any ordinance be adopted, but
that the issues discussed at the meeting be studied by either the. Commission or the
staff.
It was the consensus of the Council that it was appropriate for the City to have
this opportunity to study this form of housing and consider its impact on the
City.
Section 2 of the proposed ordinance was amended by adding the following:
"This moratorium is necessary for the City to complete its studies
on the impact of conversion of rental apartments to stock co-
operatives. Permitting conversion of rental apartments to stock
cooperatives during such study period would have a. substantial
adverse impact on the mix of housing stock in the City."
Councilwoman Shaw moved, seconded by Councilwoman Hein, to include this amendment
in Section 2 of the proposed ordinance. The motion carried unanimously.
ORDINANCE NO. 109U OF THE CITY OF RANCHO PALOS VERDES CREATING A MORATORIUM ON
THE CONSTRUCTION, ERECTION, CREATION OR DEVELOPMENT OF ANY STOCK COOPERATIVE
HOUSING WITHIN THE CITY OF RANCHO PALOS VERDES AND DECLARING THE URGENCY THEREOF
was read by title. Councilwoman Hein moved, seconded by Councilwoman Shaw to
ADOPT ORDINANCE NO. 109U. The motion carried on the following roll call vote:
AYES: RYAN, BUERK, SHAW, HEIN & MAYOR DYDA
NOES: NONE
Staff was requested to present a report at the first meeting in November on whether
condominium conversion units and these stock cooperatives were subject to the Environ-
mental Excise Tax.
Recess: At 8:44 P.M. Mayor Dyda declared a brief
recess. At 9:00 P.M. the meeting reconvened
with the same members present.
Council Meeting 933 10/3/78
UNITED NATIONS DAY Councilwoman Shaw was appointed as Chairwoman
for Rancho Palos Verdes for United Nations
Day, October 24th.
LEAGUE OF CALIFORNIA CITIES Mayor Dyda presented his summary of the action
CONFERENCE taken at the League Conference. Since it was
(306 x 1102) apparent that the report on sales tax distribution
mailed earlier this year to cities did have an
impact, he suggested sending out an up-date within a few weeks.
Councilman Buerk moved, seconded by Councilman Ryan and unanimously carried to endorse
the Mayor's effort to send out letters to State legislators and local governments asking
for support for the distribution of sales tax on a per capita basis.
ANNEXATION Councilman Ryan moved, seconded by Councilman
(105) Buerk, to appoint a subcommittee of Mayor
Dyda and Councilwoman Shaw to critique
the annexation report and report back to the Council. The motion carried unanimously.
It was the consensus of Council that the Committee should look into more facets of this
annexation question than were presented in the staff's report.
Mayor Dyda requested that each member of Council identify other areas they felt
appropriate for the sub-committee to review.
SPEED LIMIT IN MORATORIUM AREA Noting that the speed limit in the ancient
(1502 x 1801) landslide area was 25 MPH and with the road
condition in the suspected slide area deteri-
orating, Councilman Ryan moved to ask the Traffic Committee to consider extending this
speed limit in the area from Narcissa Drive to the Wayfarer's Chapel. The motion
was seconded by Councilwoman Hein and carried unanimously.
CALIFORNIA CONTRACT CITIES ASSOCIATION Councilwoman Hein reported that the County
(306) Engineer's Office was looking .for ways to
reduce and expedite the backlog-on plan checking of subdivision and parcel maps.
PT. VICENTE WALKWAY Since School had already started and since
(1404) the project has been under consideration for
two years, Councilwoman Shaw requested that
the Council take action on this walkway tonight even though it was a late addition to
the agenda.
Councilman Buerk moved, that since there was sufficient controversy surrounding this
matter that this matter should be placed on the next regular Council agenda. The
motion carried on the following roll call vote:
AYES: BUERK, HEIN & MAYOR DYDA
NOES: RYAN & SHAW
GRADING PROJECTS Councilman Ryan voiced his dissatisfaction
(1801) with the appearance of grading projects that
have been done in the City and suggested the
use of three-dimensional before and after models when. these projects are being
considered for approval.
LANDSLIDE AREA Mayor Dyda told those present that the only
Selection of Geologists action to be taken by the Council on this
(1801) matter at the meeting would be the selection
of an engineering firm to negotiate with the
City to perform Phase I of the geologic study of the moratorium area.
Dr. Melvyn Lewin, 30 Narcissa Drive speaking on behalf of the Portuguese Bend Community
Association expressed concerns of the homeowners in the landslide area. They were
requesting an analysis of all presently available data; a definition of the entire
potential landslide area; recommendations on what could be done to control or stop
the current land movement; and cost estimates, also, they were requesting recommendations
to mitigate the possibility of activation of movement above lower Narcissa, and re-
commendations on what can be done for the entire area.
Council Meeting 934 10/3/78
Former Councilman Dave Ruth, 40 Cinnamon Lane, said that members of the Community
Association had appointed a committee to serve as a focal point to gather infor-
mation to send to homeowners and to act as a liaison with the City Council. The
committee consisted of Bill Griffin, Dr. Lewin and himself as Chairman.
Reverend Harvey Tafel, representing the Wayfarer's Chapel, told the Council that the
Church had hired the firm of Taber & Moore to see what they could do to minimize their
contribution to the slide.
The Clerk noted the receipt of a resolution dated October 3, 1978, from the Portuguese
Bend Community Association. This resolution. expressed their approval of a study for
the formation of a sewage district if it was found to be necessary in controlling the
slide.
Mayor Dyda said that the Staff and subcommittee had studied the proposals submitted
and had chosen two firms to negotiate with for the preparation of Phase I. He then
moved to authorize the Staff to enter into negotiations for Phase I of the study with
the firms of. Fugro, Inc. , and Robert Stone & Associates, Inc. and make a recommendation
to Councilmon the outcome of those negotiations. The motion was seconded by Council-
woman Hein.
Council discussed the background of these two firms noting that Stone & Associates had
done a lot of work in the slide area. Although Fugro had not previously worked in
this area, their proposal was well prepared. It was the concern of Council that both
firms take a very positive approach and not just amplify earlier conclusions.
Councilman Ryan moved to amend the motion to include in Phase I the Potential Landslide
Area as identified by Envicom. The amendment was seconded by Councilwoman Shaw and
carried unanimously.
CRITIQUE OF GEOLOGIC STUDY Mayor Dyda explained that after the
(Phase II) engineering study was completed, a
critique of that study would be per-
formed by another engineering firm.
He then moved to authorize Staff to enter into negotiations for the critique portion
of this effort with the firms of Leighton & Assocs. , . and David Cummings Geologic
Consultant. The motion was seconded by Councilwoman Hein and carried unanimously.
With regard to the Sewer Maintenance District, concern was expressed if the owners
of empty lots in the area could be forced to join since they would not benefit from
the formation of such a district.
It was the consensus of Council to defer research on this matter until the data
warrants it.
RECESS At 10:10 P.M. Mayor Dyda declared a
brief recess. At 10:20 P.M. the
meeting reconvened with the same
members present.
CHAMBER OF COMMERCE MEMBERSHIP Councilman Ryan moved to reconsider the
(30 x 1102) membership in the Chamber of Commerce.
The motion was seconded by Councilwoman
Shaw and carried on the following roll
call vote:
AYES: RYAN, BUERK AND SHAW
NOES: HEIN AND MAYOR DYDA
Each member of Council briefly discussed their reasons for supporting or denying this
motion. Support centered mostly on the fact that the Chamber performed a service
in promoting the City, thus making it different from other community organizations.
Council Meeting 935 10/3/78
Opposing members felt it was best not to reopen the issue of community contributions
stating that it was difficult to determine which group did more for the community.
Councilman Ryan moved, seconded by Councilwoman Shaw to join Peninsula Chamber of
Commerce for a membership fee of $500.00. The motion carried on the following roll
call vote:
AYES: RYAN, BUERK AND SHAW
NOES: HEIN AND MAYOR DYDA
PALOS VERDES SWITCHBOARD Councilman Ryan moved, seconded by
Councilwoman Shaw to take out a
$500.00 membership in the Palos Verdes
Switchboard. The motion failed on the following roll call vote:
AYES: RYAN AND SHAW
NOES: BUERK, HEIN AND MAYOR DYDA
AUDIENCE QUESTIONS After explaining the slippage that was
JUDGE ANDERSON occurring on his property, Judge Anderson,
8 SEA COVE DRIVE requested an exemption from the moratorium
(1801 x 1804) to perform some remedial grading. Pacific
Soils Engineering Company had prepared a
geology study of the property and that
was now ready for submittal to the County.
Since it could take as long as a month to go through the normal approval procedure, it was
his desire to have the Council declare this exemption an emergency and authorize the
issuance of a grading permit. He would be willing to sign a waiver of claim that this
affects only his property.
It was the consensus of Council that if the County Engineer concurred with the report
submitted by Mr. Anderson's engineer, then the Staff could be authorized to issue a
permit under those circumstances.
Mayor Dyda moved, seconded by Councilwoman Hein to approve a grading permit subject to
the County Engineer concurring with the geologists report. The motion carried unanimously.
ART FOR FUN(D)S SAKE - Councilman Ryan moved to approve the Staff
REQUEST FOR SIGNS IN THE PUBLIC recommendation to approve the request,
RIGHT-OF-W AY with waiver of fee, with.approval of the
Director of Planning of materials, copy
color and location. The motion was
seconded by Councilwoman Shaw and carried on the following roll call vote:
AYES: RYAN, BUERK, SHAW AND HEIN
NOES: MAYOR DYDA
MINUTES OF SEPTEMBER 19, 1978 After discussion of the Annexation
COUNCIL MEETING portion of the minutes, it was the
consensus of Council that the minutes
should reflect a brief summary of Council's
discussion of that matter.
RECESS TO EXECUTIVE SESSION: At 11:20 P.M. Councilman Buerk moved,
seconded by Councilwoman Hein, to recess
to Executive Session for discussion of
personnel matters.
At 12:45 P.M. Council reconvened on motion of Councilman Ryan, seconded by Councilwoman
Hein.
Council Meeting 936 10/3/78
CITY MANAGER'S SALARY Mayor Dyda moved to establish the City
Manager's salary, including 1977 COLA, at
$36,000 annually. The motion was
seconded by Councilwoman Hein and carried unanimously.
RESOLUTION NO. 78-65 RESOLUTION NO. 78-65 OF THE CITY COUNCIL
(1202) OF THE CITY OF RANCHO PALOS VERDES
ADOPTING CERTAIN SALARY MERIT INCREASES
FOR REGULAR, FULL TIME CITY EMPLOYEES
was read by title. Councilwoman Shaw moved, seconded by Councilman Ryan to ADOPT
RESOLUTION NO. 78-65. The motion carried unanimously.
II/ ADJOURNMENT: At 12:50 A.M. Councilman Ryan moved,
seconded by Councilwoman Hein to
adjourn the meeting. The motion
carried unanimously.
�` 9 /,
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OR
ATTEST:
LEONARD G. WOOD, CITY CLERK AND
EX OFFICIO CLERK OF THE COUNCIL
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Council Meeting 937 ' 10/3/78