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CC MINS 19770920 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING September 20, 1977 The meeting was called to order at 7:39 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, BUERK, AND MAYOR RYAN ABSENT: NONE Also present were City Attorney Patrick Coughlan, City Manager Leonard G. Wood, Director of Planning Sharon W. Hightower, Director of Public Works Dennis Pikus, Administrative Assistant Trish Hanelin, Administrative Services Officer George Wunderlin, and Community Services Officer Tom Bandy. AUDIENCE QUESTIONS: Nancy Klein, 30330 Camino Porvenir, requested that a walkway be made from Calle de Suenos to the Point Vicente School Area. There is no bus service for the kindergarten children because the bus company needs 35 students to run the bus, and only 31 students are in this class. It is a 31 mile drive and traffic would be reduced with a walkway, which would only take 10 to 15 minutes. Councilman Dyda asked if there had been an attempt to work out something between the school and the bus company, and it was suggested that Councilwoman Shaw and Councilman Ruth talk to the City Attorney as a committee to see what can be done. APPROVAL OF On motion by Councilman Buerk, seconded by Councilman AGENDA Dyda, the Agenda was approved, adding discussion of: a Contract Cities Special Representative; Location for the antenna ordinance hearing; and, the Portuguese Bend Soccer Field. Attorney Coughlan also requested that there be an Executive Session held after Item 9 (RESOLUTION NO. 77-71) . There being no objection, MAYOR RYAN SO ORDERED. WAIVER OF FULL READING OF Councilman Dyda moved, seconded by Councilwoman Shaw, to waive further reading in full of all ordinances & ORDINANCES AND resolutions adopted at this meeting with consent of RESOLUTIONS the waiver of reading to be deemed to be given by all Council members after the 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. CONSENT CALENDAR On motion by Councilman Dyda, seconded by Councilman Buerk, the Consent Calendar was approved with Item Nos. 3, 4, and 9 removed. Item Nos. 1, 2, 5, 6, 7, and 8 were approved on the following roll call vote: AYES: SHAW, RUTH, DYDA, BUERK, AND MAYOR RYAN NOES: NONE 690 MINUTES The following corrections were made to the minutes of September 6, 1977: On page 684, paragraph 2, it should be added that the City Manager will arrange a meeting with the Health Department and Building & Safety to work out the matters. Also, the meeting was adjourned at 1:40 A.M. , not 11:40 P.M. On motion by Councilman Dyda, seconded by Councilwoman Shaw, the minutes were approved. There being no objection, MAYOR RYAN SO ORDERED. ITEMS REMOVED FROM THE CONSENT CALENDAR: RESOLUTION NO. 77-74 Councilman Dyda asked if the Council was aware that SUPPLEMENT TO UNIFORM Section 2 had been amended and revised to their policy, STANDARD SPECIFICATIONS and that the Council should get a brief summary of what FOR PUBLIC WORKS changes are made in the future. CONSTRUCTION (201) Councilwoman Shaw moved, seconded by Councilman Ruth, to ADOPT RESOLUTION NO.77-74 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING 1977 SUPPLEMENT TO THE UNIFORM STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCT- ION, 1976 EDITION. There being no objection, MAYOR RYAN SO ORDERED. RESOLUTION. NO. 77-70 Councilman Dyda asked about Warrant Nos. 3962 and 3960, with REGISTER OF DEMANDS Dennis Pikus explaining that No. 3962 was a late billing, (1504) and George Wunderlin saying that No. 3960 had to do with improvement in service. He also added that the improve- ments were coming through the City's efforts and not from the County. Councilman Dyda moved, seconded by Councilwoman Shaw, to ADOPT RESOLUTION NO. 77-70 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $158,542.03, DEMAND NUMBERS 3948 THROUGH 4008. The resolution was approved on the following roll call vote: AYES: SHAW, RUTH, DYDA, BUERK, AND MAYOR RYAN NOES: NONE RESOLUTION NO. 77-71 Councilman Dyda stated that the Council had agreed to DEFERRED COMPENSATION approve a Deferred Compensation Plan, and asked what PLAN liability the City takes on with the company in providing (12 02) services to the employees if the company defaults. George Wunderlin stated that the money belongs to the City, which goes into Savings & Loan, Annuities, Insurance Funds, etc. and not to the company or the FISC. Personnel selects the investment program, and the City has nothing to do with the employee's investments. By California law, the City must be involved in order to have a Deferred Compensation Plan. Attorney Coughlan stated that the liability to the City is minimal and that the right to the funds vests in the employees. If a Deferred Compensation Plan is wanted, it will have to be set up like this. It was moved by Councilwoman Shaw, seconded by Councilman Ruth, to ADOPT RESOLUTION NO. 77-71 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF RANCHO PALOS VERDES AND FINANCIAL INDUSTRIES SERVICE CORPORATION FOR THE PURPOSE OF ADMINISTRATION OF A DEFERRED COMPENSATION PLAN. There being no objection, MAYOR RYAN SO ORDERED. Council Meeting 691 September 20, 1977 RECESS At 8:10 P.M. Mayor Ryan declared a brief recess so that an Executive Session could be held. At 8:40 P.M. the meeting reconvened with the same members present. GENERAL PLAN Mayor Ryan declared the public hearing open. The AMENDMENT NO. 2 Planning Director reported that the amendment was (701) initiated by the request of three applicants. The Planning Commission recommended that the Council approve an amendment to the General Plan changing the designation on Lots 1, 2, 3, 16, and 17 of Tract 28750 from Residential 2-4 dwelling units per acre to II/ Residential 4-6 dwelling units per acre. A Resolution would be drafted for the next meeting including the findings. Mr. V. Carroll, 2224 Paseo Del Mar, stated that he was for the General Plan Amendment. He owns Lots 1 and 2 and feels that they are not suitable for single- family use and that multiple units would be better. Harvey Brown, President of Mesa Palos Verdes Homeowners Association, said that he would like to see this residential area as single-family homes. De De Hicks, representing the Stoneridge Homeowners Association, stated that they did not want the density increased. Ken deGraaf, also representing the Stoneridge Homeowners Association, stated that since the EIR, they had other major concerns. These issues had to do with the skyline and privacy, and the visual impact caused by this proposed development. He also suggested some alternatives, such as making Lots 16 and 17 into a park, since it is a dense area, or to consider the area for a single-family residen- tial development plan which could have a swimming pool and tennis court and would be of little cost to the community. Councilman Dyda asked that the records show that the findings reported by Mr. deGraaf are supported by a letter written by the Homeowners Association to the City. Jacquelyn deGraaf, 28304 Lunada Ridge Drive, said she would like the high density area and condominiums to stop, and that a single-family dwelling would be better. Barbara Hein, 30116 Via Rivera, stated that she was relieved when the General Plan was adopted and that the application should be denied. Joseph Bentley, 6009 Scotmist Drive, recommended that the General Plan not be amended, as it is counterproductive just to add only one or two units on the lots. Ann Sullivan, 6005 Scotmist Drive, stated that she agrees with everything that has been said and referred to the photographs exhibited to stress that -two to five story buildings s would be incompatible with the area. Edward Nakamura, 28312 Lunada Ridge Drive, stated that when the City was started only 2 to 4 units were allowed, and that he wants to preserve the environment as it is. Council Meeting 692 September p mber 20, 1977 Melvin Hughes, representing the Planning Commission, stated that the current zoning was inappropriate for the area as is high-rise buildings and condominiums. He said that there may be more appropriate uses for the land and that a change in zoning is better than single-family homes with certain height limitations and variations. V. Carroll, again speaking, said that there may be less blockage of view with a high-rise building than with a single-story unit. The buildings can be put closer together which may open up the view for others. Robert Tittle, of Ebbe Videriksen Architects, stated that they want to put on the property whatever is feasibly possible, whether it is two or twenty units. Multi- family housing would be better than single-family housing, which is both undesirable and not financially feasible. Councilman Dyda asked that the records show that Mr. Tittle's statement was wrong, that it does make a difference whether one or twenty-two units are built. Mr. deGraaf, in rebuttal, stated that an open view is wanted. There would be an impact on the drivers on Highridge Drive if there were two-story buildings there. Mayor Ryan declared the hearing closed. The Council then entered into discussion and decided that the General Plan and the zoning must be consistent. Councilman Buerk stated is is most appropriate to have a residential section on Lots 1 and 2 and that it is not worth amending the General Plan. Councilman Ruth said that no more time should be wasted on this zoning which should be consistent with the surrounding land. On motion by Councilwoman Shaw, seconded by Councilman Ruth, the Planning Commission's recommendation was approved and an appropriate resolution will be brought back to the next meeting. The motion carried on the following roll call vote: AYES: SHAW, RUTH, DYDA, AND MAYOR RYAN NOES: BUERK RECESS At 10:35 P.M. Mayor Ryan declared a brief recess. At 10:50 P.M. the meeting reconvened with the same members present. APPEAL OF The Public Hearing was declared open by Mayor Ryan. The Planning VARIANCE Director gave her report to the Council and stated that this was NO. 14- continued from August 2. The concern is for the location and visual APPLICANT/ effects of a combination of a ten foot fence on an eight foot re- APPELLANT taining wall. The applicant requested a delay at that time because Rein Kuhr he was not ready to present evidence to support his appeal. It is (1804) recommended that the appeal be denied. John Halamka, Attorney at Law representing the applicant, stated that Rein Kuhr (applicant) is entitled to an independent view and decision and that Councilwoman Shaw was a member of the Planning Commission and should not be allowed to vote in this matter. Councilwoman Shaw stated that she had no bias and would make her decision on the information heard. He stated that the applicant had to cut back the side of the fence to meet the require- ments and that in the grading of the driveway path there was a major obstruction so it became impossible to comply with the original plan, so the plan had to be changed. The changes were approved by the County Inspector, and all that is left is a cage- type retaining wall. He then circulated photographs to the Council to show that there is no access from the main residence to the cage-like retaining wall whose area can be used as a storage area or equipment room. The variance would not be needed if there had been no major obstruction, and they were asking for a fence along one edge to be used as a backstop for a tennis court Council Meeting 693 September 20, 1977 Under his present findings he felt that the variance should be granted because of the extraordinary circumstances and for the preservation of Kuhr's property rights. He also stated that the view is not of consideration because the interference would be minimal. Alan Percy, 30675 Oceanaire Drive, representing the Del Cerro Homeowners Association, opposed the variance. He stated that Kuhr's room runs from property line to property line in an east-west direction and that they didn't know problems would arise by first building the fence and then the room. Frank Moor, 30556 Oceanaire Drive, lives north of this construction and feels that he has legal rights to a view, which is now blocked from Portuguese Bend to a portion of Marineland. He feels that the builder showed disrespect for the law by first build- ing and then applying for the variance. Carolyn Moebius, 30544 Oceanaire Drive, lives across the street from Kuhr and stated that only one portion of the lot hides the building and that the fence is perfectly visible from all spots. The tennis court is on a curve and is dangerous to passing vehicles. This is not consistent with the neighborhood. Melvin Hughes stated that the wall is high when placed on the retaining wall and that the Planning Commission voted unanimously to deny the request for the variance. Attorney Halamka again spoke, stating that there are lights on the driveway and not on the tennis court. If the variance is denied, top four inches of the fence will have to be cut off. Mayor Ryan then declared the hearing closed. The Council then entered into discussion and it was the consensus of Council that all the necessary findings could not be made. Councilman Dyda moved, seconded by Councilman Buerk, to deny the variance. There being no objection, MAYOR RYAN SO ORDERED. VEHICULAR ACCESS The hearing was declared open by Mayor Ryan. The staff report RIGHTS (CREST ROAD) was read by Dennis Pikus and it was recommended that the City (1408) Council adopt the attached resolution for access from Lot 82 to Crest Road. The hearing was declared closed by Mayor Ryan. Councilman Dyda moved, seconded by Councilman Ruth, to ADOPT RESOLUTION NO. 77-77 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDERING THE VACATION OF VEHICULAR ACCESS RIGHTS FOR LOT 82 OF TENTATIVE TRACT NO. 25376. There being no objection, MAYOR RYAN SO ORDERED. SITE PLAN REVIEW Planning Director Hightower gave a brief report on the storage NO. 98 shed which was built in an Open Space Hazard zone . The (1801) City Attorney reported that the lot might be brought into compliance with a permit . He suggested that the City Council table the matter as it could result in an illegal subdivision. A motion was made by Mayor Ryan, seconded by Councilwoman Shaw, to table the matter until a later date. There being no objection, MAYOR RYAN SO ORDERED. Robert Haase requested that he be notified of any meeting or information that comes about regarding this issue. ENVIRONMENTAL The Planning Director reported on the Appeal of this Negative ASSESSMENT NO.328 Declaration and on the study for expansion (1803) of the Portuguese Bend Riding Club. She stated an Environmental Impact Report was not required. Robin Doyno, #3 Plum Tree, stated the significant impacts of this project were increased noise levels and more traffic in the area. He wants to maintain the rural, quiet area and feels that a country club atmosphere would change this. He referred to points A, B, E, P, R, and V of Appendix G of the EIR Guidelines. Council Meeting 694 September 20, 1977 Joseph Gallagher, 9 Ginger Root Lane, stated that the noise was very loud and would get louder with a country club. He felt that the whole impact report was totally subjective & therefore arbitrary. Certain things were not considered adequately in the study and it should be reviewed. Portuguese Bend would be affected adversely by any lighting (from an amphitheater) . Milton Smith, 7 Ginger Root Lane, stated that the Club has no impact on the environment in which he lives and that a person has ten days to make his objections known. Bill Griffin, 5 Ginger Root Lane, presented a letter dated August 23 which he wanted submitted and made a part of City records. He stated that a wall on the edge of roadway would leave people with no place to walk and that lights on the tennis courts can be seen from a long distance away. People living in this area like it nice and dark, as it is now. Al Lee, 5 Plum Tree Road, stated that the roads in Portuguese Bend have entered into slide problems and such geological conditions are documented. Mr. C.R. Bunten, 20 Cinnamon Lane, said that Portuguese Bend is a residential area and wouldn't like to see it become a commercial venture. Don Burt, 79 Narcissa Drive, stated that the area is now a commercial venture and the stable is a commercial stable. Noise would not be a problem, saying that he lives next door to someone who has a tennis court and the noise doesn't bother him at all. There are now 75 unauthorized vehicles in the area on a weekday, and the traffic could be reduced by 25 cars per day if the club would take over the traffic control. In rebuttal by Mr. Gallagher, he stated that the Council should review the report. The Homeowners Association was not notified because the President is legal counsel for the other side and his presence would not be beneficial. The Council discussed the matter further, and Councilwoman Shaw suggested that the staff have the opportunity to look at the letter and report to see if there are any areas that need to be reviewed. The issue should be referred back to staff for focus on the noise and additional comments brought up, It was moved by Councilman Dyda, seconded by Councilwoman Shaw, to send the EIR back to Staff to look over all the issues that were brought up tonight. APPOINTMENT TO Mayor Ryan moved, seconded by Councilman Dyda, to PLANNING COMMISSION appoint Douglas M. Hinchliffe to fill the Planning (1212) Commission vacancy for the remainder of the term. There being no objection, MAYOR RYAN SO ORDERED. HIGHRIDGE BIKE David Diestel, Chairman of the Traffic Committee, was PATH DESIGN not present to report on the committee's findings; and (112) it was stated that the only time constraint on this item was that the budget is good only until the end of the year. It was moved by Councilman Dyda and seconded by Councilwoman Shaw to continue and discuss this issue at the next Council meeting. There being no objection, MAYOR RYAN SO ORDERED. Council Meeting 695 September 20, 1977 Since there always wasn't time to present the status LEGISLATIVE of pending legislation at Council Meetings, Council- SUBCOMMITTEE woman Shaw requested Council's opinion on what approach should be taken in order to present the City's position (306) on pending legislation which might affect the City. The City Attorney stated that the person who is given the authority to represent the Council should explain the Council's point of view and should not represent the City to have a position that it doesn't have. On motion by Mayor Ryan, seconded by Councilman Dyda, Councilwoman Shaw was approved to be given authority to take action for the City Council. It was again stated that she does not have to get the Council's permission to act but only has to keep the Council informed and get their position if it is negative. There being no objection, MAYOR RYAN SO ORDERED. FREQUENCY OF CITY Councilman Buerk requested that the City Clerk have a COUNCIL MEETINGS Master Calendar with her at the Council meetings so (307) that other meetings could be scheduled if necessary. Councilman Buerk moved, seconded by Councilwoman Shaw, that the City Clerk keep a Master Calendar at all Council meetings. There being no objection, MAYOR RYAN SO ORDERED. Councilman Buerk also requested that the meetings last no longer than 12:00 P.M. unless they are in the middle of an item. Other items could be continued on another day. Councilman Dyda stated that if they had a Master Calendar they could avoid having the Planning Commission present when not necessary, and he suggested that the Council not take up a new item after 12:00 P.M. On motion by Councilman Buerk, seconded by Councilwoman Shaw, Council meetings will be limited to 12:00 P.M. in taking up new items except for the Executive Session. There being no objection, MAYOR RYAN SO ORDERED. Councilman Buerk requested that items that have a lot of public input be scheduled for a certain time. Mayor Ryan added that if controversy on the item is known, the item should be held all by itself. The public should be timed when they speak and allowed only five minutes to talk. If something is not covered, then they should be able to come back and speak again. Staff should be authorized to get a visual timer for the meetings. It was also suggested that not more than two public hearings or important items be held in one night. People who have come to speak on a certain item should be informed if that item is not going to be heard on that night. IIIIt was moved by Councilman Buerk, seconded by Councilwoman Shaw, to try to have not more than two important or controversial items in one night. There being no objection, MAYOR RYAN SO ORDERED. CONTRACT CITIES A letter from the Executive Director of the California ASSOCIATION Contract Cities Association was presented proposing that REPRESENTATIVE special representation for the CCCA be provided by Hugh Dynes. (310) It was moved by Councilman Buerk, seconded by Councilman Dyda, to oppose the hiring of Hugh Dynes as representative. There being no objection, MAYOR RYAN SO ORDERED. LOCATION FOR HEARING ON It was stated that the Council Chambers was too small ANTENNA ORDINANCE for the meeting to be held on Thursday night (September 22) (1801) and that another location should be found. On motion by Mayor Ryan, seconded by Councilman Dyda, City Manager Leonard Wood was given the authority to select a school as the meeting place for Thursday night. Council Meeting 696 September 20, 1977 RECESS TO EXECUTIVE SESSION At 1:35 A.M. Council recessed to Executive Session to discuss legal matters. Council reconvened at 2:00 A.M. with the same members present. GEORGE S. GABRICK MATTER The City Council authorized the City Attorney to appeal the George S. Gabrick Matter. GENERAL PLAN AMENDMENT In view of the public interest and requests, NO. 2 Council referred the matter of Lot Nos. 3, 16, and 17 as contained in the "General Plan Amendment No. 2, Lots 1, 2, 3, 16, and 17 of Tract No. 28750, located at Peacock Ridge and Highridge roads" to the Park & Recreation Committee for consideration for possible park sites. Park and Recreation Committee is to report back to the City Council on this matter. ADJOURNMENT At 2:05 A.M. Council adjourned to the Public Hearing at 7:30 P.M. on Thursday, September 22, 1977. • / /Pr LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL -_ v ..,.�i/ Alp ERK 40 Council Meeting 697 September 20, 1977