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CC MINS 19780117 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JANUARY 17, 1978 The meeting was called to order at 7:40 P.M. by Mayor Robert Ryan at the Palos Verdes Unified School District Building, 30942 Hawthorne Boulevard. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: SHAW, RUTH, DYDA AND MAYOR RYAN LATE ARRIVAL: BUERK (AT 7:45 P.M.) APPROVAL OF AGENDA: After deletion of Item No. 7 (City Crest) and addition of Coastal Commission Hearing Procedure; Resolution for Dr. Anna Fisher (Dyda), and, Seahill Tract, (Shaw) the agenda was approved on motion of Councilwoman Shaw, seconded by Councilman Dyda. There being no objection, MAYOR RYAN SO ORDERED. WAIVER OF FULL READING OF Councilman Dyda moved, seconded by Councilman Ruth, ORDINANCES & RESOLUTIONS to waive reading on full of all ordinances and resolutions adopted at this meeting with consent to the waiver of the reading to be deemed to be given by all Councilmembers after reading of the title, unless specific request was made at that time for the reading of such ordinance or resolution. There being no objection, MAYOR RYAN SO ORDERED. JULY 4TH CELEBRATION Mrs. Janet Colwork, 28437 Plainfield Drive, repre- (305) senting the Peninsula Jr. Couples Club, told the Council that many of the people in her organization attended the July 4th celebration last year and were very disappointed that the City had decided not to have one this year. It was their desire that the City should hold an event this year and, if necessary, charge an entrance fee. (At 7:45 P.M. Councilman Buerk arrived and was present for the remainder of the meeting. ) In response to Council's question, the Parks & Recreation Director stated that the P&R Committee had not taken any action on this matter since it was last discussed by the Council on November 15, 1977. At that meeting, Council decided not to hold a July 4th celebration. Councilwoman Shaw stated that she felt staff involvement in such an event was necessary in order to provide continuity and suggested perhaps combining the City's birthday with the July 4th celebration. Councilman Buerk stated his objection to having major staff involvement and felt that citizens should participate more. Councilman Ruth voiced his support for such a cele- bration and suggested perhaps celebrating the City's birthday with a dinner dance arrangement, with a larger event being planned every fifth year. Councilman Dyda said he did not have any objection to such an event, but said he didn't want the City's birthday to be forgotten. Mayor Ryan stated his support for the P&R Committee's recommendations. Councilwoman Shaw moved, seconded by Councilman Ruth, to adopt the three recommendations of the Parks & Recreation Committee as outlined in their memorandum of November 8, 1977. Councilman Buerk requested that the third recommendation be changed as follows: That the Department of Parks and Recreation be assigned the coordinating responsibility for staging the celebration. The amendment was accepted by the maker and the second. 771 The motion carried on the following roll call vote: AYES: SHAW, RUTH, DYDA & MAYOR RYAN NOES: BUERK Councilman Dyda suggested possible funding of $1200 for this event. SALVATION ARMY PROJECT - Director Hightower told the Council that PLANNING COMMISSION RECOMMENDATION the Planning Commission was concerned (1203) that the grading for the Salvation Army Site was not according to the plan. It has been checked by the County Inspector and the Staff and was found to be according to plan. Planning Commission Chairman John McTaggart told the Council that the Commission was concerned that the grading was not according to the site plan and also they were con- cerned about the aesthetics of the project. After a brief discussion by Council, Mayor Ryan suggested that the request from the Planning Commission be received and filed. Councilwoman Shaw so moved, and Councilman Dyda seconded the motion. There being no objection, MAYOR RYAN SO ORDERED. PUBLIC HEARING: Director Hightower reviewed the background C.U.P. #26 of this project, noting that the adoption of APPLICANT/APPELLANT: PENINSULA the resolution modifying the conditional use RACQUET CLUB permit for the tennis club had been delayed RESOL. NO. 78-3 pending the installation of new retrofitted (1804) lights. At the request of Council, this public hearing was readvertised and reopened. Mayor Ryan declared the hearing open and instructed the audience on how it would be conducted. Richard Morse, representing the Peninsula Racquet Club, told the Council that the Club has tried to minimize the impact of the lights on the residents in the neighborhood. He showed pictures of the retrofitted lights. Additionally, he presented a chart which listed the hours permitted for lights on nearby tennis courts. He pointed out that in most cases, use of these lights was allowed until 10:00 P.M. , and requested that the Council approve the application as submitted. In response to Council's questions, Mr. Morse stated that the cost of retrofitting the present lights and the new courts would be approximately $35,000. He said that there would be no upward glare with the new lights; that the public address system speakers had been reversed and the volume reduced. Mr. Les Snyder, Corresponding Secretary for the Rancho Palos Verdes Council of Homeowner Associations, presented the Council with a written statement which recommended the additional lighting be denied. He was of the opinion that the restrictions of other Peninsula Cities regarding the use of tennis court lights were stricter than those of Rancho Palos Verdes. Mr. Robert King, 30764 Via La Cresta, speaking in opposition cited the fact that the new lights had a "hot spot" which caused an increased amount of glare. He felt that the lights exceeded 35 ft. candle power and this was brighter than what was allowed by the C.U.P. Councilwoman Shaw said that she visited the site and felt that the new lights elim- inated the glare problem experienced by the residents. Council January 17, 1978 772 Russ Schweiger, 30828 Via La Cresta, told the Council that he had contacted several tennis contractors and it was his opinion that the lights were at the 45 -50 ft. candle power. He felt that the new lights were considerably more intense and re- quested that Council deny the additional lighting. Mr. Bill Meikle, 30846 Via La Cresta, passed out a list indicating the membership cost of other tennis courts on the Peninsula. It was his opinion that the request for additional lighting was based on monetary reasons. Speaking in rebuttal, Mr. Morse said that the only tennis court lighting rules con- sidered at this meeting, should be those in force in the City of Rancho Palos Verdes and not those of other Peninsula Cities. He said the tennis club was requesting addi- tional hours of lighting so its members would have more use of the courts. Russ Schweiger, speaking in rebuttal, said that he had written letters requesting that the club turn off lights on the courts when not in use, but that his letters had not been answered. There being no response to the Mayor's request for further testimony, Mayor Ryan declared the hearing closed. RECESS: At 9:00 P.M. Mayor Ryan declared a brief recess. At 9:25 P.M. the meeting reconvened with the same members present. Councilman Dyda said that he had visited the site and with the use of a certified and sealed light meter took a reading of the lights on the courts and found that neither the old or the new lights exceeded the 30 ft. candle power. He noted that some very specific readings were taken and the results were on file at City Hall. It was his belief that changes made in the C.U.P. should benefit all parties in- volved and proposed the following: That the Bieber lights be installed on the north courts: retention of the 9:00 P.M. lighting on those courts: and, that the land- scaping be maintained. It was his belief that these changes would be an improve- ment to the surrounding neighborhood. For these changes, he felt that the tennis club should be permitted to light the other courts until 8:00 P.M. Councilman Ruth stated he felt the parties involved preferred to keep the existing lights and suggested leaving them. He stated that he was in favor of lighting the addi- tional courts in such a way that they would be least objectionable to the people on Via La Cresta. Councilwoman Shaw said that she still agreed with what had been decided upon at the November meeting regarding the near courts and felt that 10:00 P.M. was not an unrea- sonable time to keep the lights on. It was her opinion that the Bieber lights did a better job of reducing hie, glare, and was in favor of the proposal to light the far courts until 8:00 P.M. , as t. in favor of lighting the other courts until 10:00 P.M. She expressed her support fo the retrofitted lights. ,34.Ad .•a.€ a/7/7 7 Councilman Buerk said that the tennis courts were not the only thing that were im- pacting the homeowners in the area. He felt that the Salvation Army facilities had a significant effect on the area. His solution was to enforce a deadline of 9:00 P.M. on the courts to make sure that any direct lighting did not affect the homes above. With regard to the additional courts, he agreed with the 8:00 P.M. time limit and suggested that the tennis club devise a system whereby the primary use of courts would be ones adjacent to Hawthorne Boulevard, and only when these were in use, should the other courts be used. He felt that such a system could be made part of the C.U.P. Councilman Ruth said he was in favor of lighting the inner and outer courts until 10:00 P.M. Councilman Dyda suggested that the lighting should be shielded equiv- alently with the kind of shield used with the Bieber lights. He felt that the club should be allowed to decide whether or not they wanted to use the Bieber lights. Councilman Buerk moved that under Section 5 to add Condition 10 of the original C.U.P. and to modify as follows: "Lighting on all courts shall be installed or retrofitted so that no direct lighting from the fixtures is visible." Council 773 January 17, 1978 Discussion then followed on whether or not the motion should express any particular brand of light and what would be considered equivalent. The motion failed for lack of a second. Councilman Dyda moved, seconded by Councilwoman Shaw, that the existing six courts and the additional currently unlighted six courts shall be lit with Bieber lights or equivalent fixtures. There being no objection, MAYOR RYAN SO ORDERED. Director Hightower requested clarification as to whether this was changing Condition 9 as well as 10. She requested to know if Council wanted to leave 10 unchanged, but leave it at 30 ft. candles. Councilman Dyda responded that this should be added to Section 5 of the proposed resolution. It was the consensus of Council that this would amend Conditions 9 and 10 of the original C.U.P. and be made a part of Section 5 of the proposed resolution. Councilman Buerk moved, seconded by Councilman Dyda, to change the last sentence of Section 5 of the proposed resolution by amending it to read: "This condition is modified on the condition that the dead trees on the upper slope be replaced with 24" box trees and that all trees be properly maintained." There being no objection, MAYOR RYAN SO ORDERED. Councilman Buerk moved, seconded by Mayor Ryan, that a system be proposed by the club and approved by the staff in order to minimize the use of the ocean-side courts when they are lighted. It was the consensus of Council that such a condition would be unenforceable. The motion failed on the following roll call vote: AYES: BUERK NOES: SHAW, RUTH, DYDA & MAYOR RYAN Mayor Ryan moved, seconded by Councilman Dyda, to change Section 5, subparagraph (d) of the proposed resolution as follows: (d) To 9:00 P.M. or dusk, whichever is later, on Monday through Friday on the six courts closest to Hawthorne Boulevard. The motion carried on the following roll call vote: AYES: DYDA, BUERK & MAYOR RYAN NOES: SHAW & RUTH With regard to the far courts, the following motion was made: Councilman Dyda moved, seconded by Councilwoman Shaw, that the six courts nearest the ocean side of the hill shall be lit to 8:00 P.M. or dusk, whichever is later, Monday through Friday, as "e" in Section 5 of the proposed resolution. The motion carried on the following roll call vote: AYES: SHAW, DYDA, BUERK & MAYOR RYAN NOES: RUTH Director Hightower requested if Council was leaving the same hours on Saturday and Sunday as set out in the proposed resolution. Councilman Dyda responded that a, b, and c of that resolution remained unchanged. This was the consensus. Council January 17, 1978 774 RESOLUTION NO. 78-3 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. 26, MODIFYING CONDITIONAL USE NO. 4 was read by title. Councilman Dyda moved, seconded by Councilman Ruth to ADOPT RESOLUTION NO. 78-3. There being no objection, MAYOR RYAN SO ORDERED. RECESS: At 10:20 P.M. Mayor Ryan declared a brief recess. At 10:30 P.M. the meeting reconvened with the same members present. APPEAL OF VARIANCE NO. 22 The clerk having reported notice given, Mayor Ryan declared the hearing open. APPELLANT: JOSEPH GRICKIS LOCATION: 6212 VIA SUBIDA (1804) Director Hightower gave the staff report on this variance which requested permission to retain a fence that was in excess of the allowable 42 inches. It was staff recom- mendation that the Council deny the appeal since all of the required findings could not be made. Further, it was recommended that if the Council denied the appeal, the landowner be directed to initiate removal and/or relocation of the fence within 30 days. Mr. Joseph J. Grickis, 6212 Via Subida, the appellant, told the Council that he felt there was an error made in quoting him what height was allowable. He stated that his lot was very large and that if he moved the fence he would not be able to move his car around. Since nobody was objecting to the fence, he saw no reason for the Council to deny his appeal. There being no response to the Mayor's request for additional public testimony, Mayor Ryan declared the hearing closed. With the use of a drawing mounted for Council and audience viewing, the Director of Planning showed the configuration of the lot and the design and location of the fence. In response to Council's question, the City Attorney listed the five findings that were necessary in order to grant this variance. Mayor Ryan moved, seconded by Councilman Ruth, to make the finding that extraordinary circumstances existed due to the unusual topography of the land. The motion failed on the following roll call vote: AYES: RUTH & MAYOR RYAN NOES: SHAW, DYDA & BUERK Councilman Buerk moved that the appeal be denied because there were no extraordinary circumstances or conditions applicable to the property which generally were not similar to other properties in the same zoning district. Additionally, the lot had no unusual or distinguishing features. The motion was seconded by Councilman Dyda and carried on the following roll call vote: AYES: SHAW, DYDA & BUERK NOES: RUTH & MAYOR RYAN Councilman Buerk moved to deny the variance since it was not necessary for the preser- vation and enjoyment of the substantial property right of the applicant which right was possessed by other property owners under like conditions in this zoning district, and because all corner lots have to set back their fences. The motion was seconded by Councilman Dyda and carried on the following roll call vote: AYES: SHAW, DYDA & BUERK NOES: RUTH & MAYOR RYAN Council January 17, 1978 775 With regard to the provision that the fence be taken down or relocated, Mayor Ryan moved that the City take no action on this for 180 days pending referral of this matter to the Planning Commission to see if the City wants to handle wrought iron fences as special cases since they are of aesthetic value. The motion was seconded by Councilman Ruth. There being no objection, MAYOR RYAN SO ORDERED. Mr. Grickis indicated that he would be willing to take the chance and see if the Planning Commission would give special consideration to wrought iron fences. COASTAL COMMISSION HEARING Planning Commission Chairman John McTaggart PROCEDURE requested that the City Council go on record (701) as protesting the conduct of the recent Coastal Commission hearing he recently attended, since it was his opinion that those commissioners in attendance at the meeting had not read the City's Coastal Plan. The City Attorney suggested writing a letter to those members of the commission who were absent from the meeting and express to them that the City feels it has an excellent Coastal Plan and would like it sent forward in its existing form, additionally, that the letter request they attend the next meeting and support that position. Councilman Buerk so moved and the motion was seconded by Mayor Ryan. The motion carried unanimously. MERGER WITH ROLLING HILLS Councilman Buerk reported that he and ESTATES Councilman Ruth had met with the City (310) Manager and requested staff to look at some data. The City had not yet received a response from. Rolling Hills Estates to the letter. When we hear from them, the committee will try to arrange a meeting to find out their concerns and objections. NIKE SITE Councilman Ruth referred to the letter (1109) dated January 5, 1978 which had been received from Supervisor James Hayes. This letter outlined the County's proposal to begin discussions with the City's staff regarding the development and operation of a park on the Rifle Range. The County proposed a leasehold agreement under which the City would develop and operate a park on this site in perpetuity. Under this arrange- ment, the County would retain title to the property and at the same time, the City could develop and operate the park consistent with its developmental policy in the area. It was Councilman Ruth's recommendation that the City go ahead with making arrangements for this leasehold agreement with the County. Councilman Buerk stated that he would like to see some data convincing him that it would be better for the City to expend the money for the development of this park rather than the County. Art Maier, 3711 Vigilance, reported to the Council on the conditions which existed at Abalone Cove and it was his opinion that it was vital for the City to have local control over parks in the City. Councilman Dyda moved, seconded by Councilman Ruth, that staff be directed to nego- tiate with the Department of Beaches and also send an acknowledgement to Supervisor Hayes. There being no objection, MAYOR RYAN SO ORDERED. DR. ANNA FISHER Councilman Dyda noted that Dr. Fisher was (305) a resident of the City and requested that the City honor her at the next Council Meeting with a proclamation acknowledging her achievement for being selected by NASA to be an Astronaut. Council 776 January 17, 1978 TRACT NO. 33358 Councilwoman Shaw reported that the Coastal PALOS VERDES DRIVE SOUTH Commission had notified the parties involved AND SEAHILL in this tract that they would not approve it (1411) based on the fact that it had 6 units per acre and that the draft Coastal Plan had a desig- nation of 4 units per acre. She further noted that since the developer had made a number of modifications to this project which benefitted the City, and since this was the City's existing zoning, it was presump- tuous on their part to assume that the zoning designation in the Coastal Plan would be approved. Additionally, it was pointed out during discussion, that no date certain had been set for the approval of the Coastal Plan. Councilwoman Shaw moved to send a letter to the Coastal Commission pointing out all of these facts, noting that the City and the developer had acted in good faith in approving this tract in its present form, and request that it be approved with its designated 6 units per acre. The motion was seconded by Councilman Buerk and carried unanimously. CONSENT CALENDAR: On motion of Councilman Dyda, seconded by Council- man Ruth, the Consent Calendar was approved as follows: RELEASE OF GRADING BOND FOR Approved release of Grading Bond in the amount of TRACT NO. 27837 $42,000 for Tract No. 27837. (1411) RIGHT-OF-WAY CERTIFICATION Authorized the Director of Public Works to execute PALOS VERDES DRIVE WEST the Certification Document. - FAU PROJECT (601) ROAD MAINTENANCE AGREEMENT Authorized the Mayor to sign the Street Maintenance WITH THE COUNTY OF Agreement with the County of Los Angeles. LOS ANGELES (1405) RESOL. NO. 78-4 ADOPTED RESOL. NO. 78-4 OF THE CITY COUNCIL OF THE PROVIDING CENTRAL COUNTING CITY OF RANCHO PALOS VERDES, CALIFORNIA, PROVIDING PLACE FOR BALLOTS THAT ALL BALLOTS BE COUNTED AT A CENTRAL COUNTING (501) PLACE. RESOL NO. 78-5 ADOPTED RESOL. NO. 78-5 OF THE CITY COUNCIL OF THE DESIGNATING ELECTION CITY OF RANCHO PALOS VERDES, DESIGNATING ELECTION OFFICERS OFFICERS AND POLLING PLACES FOR THE GENERAL MUNICIPAL (501) ELECTION TO BE HELD IN THE CITY OF RANCHO PALOS VERDES 11/ ON MARCH 7, 1978. RESOL. NO. 78-6 ADOPTED RESOL. NO. 78-6 OF THE CITY COUNCIL OF THE REGISTER OF DEMANDS CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS (1504) AND DEMANDS IN THE SUM OF $321,846.86, DEMAND NUMBERS 4347 THROUGH 4402. The motion to approve the consent calendar carried on the following roll call vote: AYES: SHAW, RUTH, DYDA, BUERK & MAYOR RYAN NOES: NONE Council 777 January 17, 1978 RECESS TO EXECUTIVE SESSION At 11:40 P.M. on motion of Mayor Ryan, seconded by Councilman Dyda, Council recessed to Executive Session. At 12:10 A.M. Council reconvened with no action taken. ADJOURNMENT At 12:12 A.M. on motion of Mayor Ryan, seconded by Councilman Ruth, Council adjourned to the next regular meeting. The motion carried unanimously. MAY R ATTEST: LEONARD G. WOOD, CITY CLERK AND EX OFFICIO CLERK OF THE COUNCIL JL _ C.6Y CLER.O Or r Council 778 January 17, 1978