CC MINS 19770922 ADJ M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
ADJOURNED MEETING
September 22, 1977
The meeting was called to order at 7:30 P.M. at the Palos Verdes Unified School
District Building, 30942 Hawthorne Boulevard, and was immediately adjourned to
the Pedregal School auditorium, 6069 Groveoak Place at 8:00 P.M.
The meeting was called to order at Pedregal at 8:00 P.M. by Mayor Ryan. Following
the Pledge of Allegiance to the flag, roll call was answered as follows:
PRESENT: BUERK, DYDA, RUTH, SHAW, MAYOR RYAN
ABSENT: NONE
Also present were City Attorney Patrick Coughlan, City Manager Leonard G. Wood,
Associate Planner Larry Davis, and Acting City Clerk Martha Cunningham.
PUBLIC HEARING Public hearing on the Draft Coastal Specific
COASTAL SPECIFIC PLAN Plan was opened.
(701)
John McTaggart, Chairman of the Planning Commission, called the Council's attention
to an oversight on the part of the Commission. With regard to Subregions 1, 3, and
7, with a permitted net density with clustering of up to 12 units/acre, Mr. McTaggart
indicated this was not the work of the Commission. It was his request that the
Council allow the Commission to reconsider those sections and come up with an appro-
itate density.
Eleanore Wiedmann, 30032 Palos Verdes Drive West, spoke in favor of a density of
1 unit/acre on the ocean side of Palos Verdes Drive West in the "old Berryhill"
area, and requested that the contours of the land in that area be preserved and that
no view obstruction be allowed.
Sheila Hoff, 28205 Ambergate, commended the low densities, agricultural uses, and
bluff access provided for in the plan. Mrs. Hoff requested that the City require
dedication of open space by developers, instead of fees, and that the City consider
the types of trees that should be allowed in the coastal area in order to minimize
view obstruction by trees.
John McCarthy, 105 Spindrift, representing the Portuguese Bend Leaseholders
Association; Steven Stewart, 4164 Maritime, representing the Portuguese Bend Home-
owners Association; and Chuck Miller, 4112 Seahorse Lane, representing the Portuguese
Bend Club East (fee area) , expressed their associations' support for the 4-6 du/acre
density in Subregion 6, and requested that the land to the east of the Portuguese
Bend,Area, located in Subregion 7, be developed as part of Portuguese Bend, instead
of tying it in to the rest of Subregion 7.
Sam Laland, 28031 Acana Road, expressed support for the plan as drafted.
Neil Stanton Palmer, Architect, 672 Silver Spur Road, representing T & T Development,
presented a proposal for a 27 acre parcel in Subregion 3. Mr. Palmer indicated the
parcel had been acquired by T & T within the past month, and was located between
Marineland, Porto Verde Apartments, and the Bay Club. The plan incorporated the
following features: (1) 79 21 story split level condominiums north of Sea Cove;
68% of the site would be open space; (2) public access to the bluff; (3) A three
acre park on the ocean side of Sea Cove, which T & T is willing to dedicate to the
City; (4) single family residences on the ocean side of Sea Cove, at a density of
1 du/acre. (5) Overall density would be 3.3 du/ac and would meet the objectives of
the Coastal Plan in terms of view corridors, open space, no view obstruction, etc.
698
Dr. W.J. Highland, 10680 West Pico Boulevard, Suite 271, Los Angeles 90064,
indicated he would submit written comments to the Council.
Barbara Gleghorn, 28850 Crestridge, representing the Ridgecrest Homeowners
Association and the Peninsula Oceanographic Society, expressed support of the
1 du/acre density and of the agricultural uses in Subregions 3 and 7. Mrs. Gleghorn
expressed concerns with regard to the following: The necessity of flood control
measures in Subregion 7; Density transfer or transfer of development rights;
Commercial uses in Subregion 7 (instead of in Subregion 3 near Marineland or in
Golden Cove) . Mrs. Gleghorn requested that 12 acre lots be the minimum basis for
any cluster development; that the City's view corridor maps be made available for
public inspections; and that the hearing be continued.
Barbara Hein, 30116 Via Rivera, commended staff for their work on the plan, but
expressed concern that homeowners associations outside the coastal area be encour-
aged to respond to the plan. Mrs. Hein suggested that the City consider initiation
of an architectural committee for review of construction in the coastal region.
Tim Burrell, 4038 Exultant Drive, expressed support of allowing developers the
option of clustering homes to preserve agricultural uses on the remainder of the
property. Mr. Burrell also supported trails to the beach, particularly to several
surfing spots just south of Portuguese Bend Club, and, in general, the idea of
opening the coast up to people on foot and on bicycles. Lastly, in regard to
developers' complaints about losing money in the coastal areas, Mr. Burrell assured
the Council that it was impossible to do so.
Elaine Fitz, 3200 La Rotonda Drive, representing the Board of Directors of Ocean
Terraces Homeowners Association, expressed strong opposition to the extension of
Paseo del Mar in front of and below the Ocean Terraces. It was their suggestion
that La Rotonda Drive be used, rather than Paseo del Mar, for access to any devel-
opment across from the Ocean Terraces. Ms. Fitz expressed support for clustering
in Subregion 7, provided it does not cause any view obstruction.
There being no other individuals wishing to give testimony, Mayor Ryan declared
the public hearing on the Coastal Specific Plan closed.
A brief recess was called at 8:45 P.M. The Council reconvened at 8:55 P.M. with
all members present.
PUBLIC HEARING: CODE City Attorney Pat Coughlan made the following
AMENDMENT #1 ANTENNAS points with regard to legal constraints on the
(1801) City's ability to act in this area: (1) With
regard to a possible conflict of interest of one
of the Planning Commission members, under California
law, there is no conflict of interest. (2) The
issue of radio interference has been preempted by the Federal Government; the
City cannot legislate in this field. (3) The City must be reasonable in its regu-
lations. The City has the authority to reasonably regulate the height of antennas,
but may not totally prohibit them. (4) Aesthetics is not a proper basis for
zoning ordinances; the City cannot function as an art jury. (5) Any ordinance
must be related to the health, safety and general welfare of the City. (6) The
City must observe requirements of equal protection.
Public hearing on Code Amendment #1, concerning antenna regulations, was opened.
Associate Planner Larry Davis indicated that notice had been given in accordance
with legal requirements and reviewed the background of the proposed Code Amendment.
Ken D. Edwards, 6002 Flambeau, President of the Amateur Radio Association, made
the following points: (1) There are only approximately 200 federally licensed
amateurs in the City. There is not likely to be a proliferation of antennas, in-
asmuch as FCC records show an increase of only 1-2 ham radio operators in the City
per year. (2) Because of the changes made in the ordinance at the last public
hearing, involving an increasing number of restrictions, the Amateur Radio
Association is unable to support the proposed amendment. (3) The proposed amend-
ment is unnecessarily restrictive, presenting excessive cost and red tape for
hobby activities. (4) Mr. Edwards also expressed concern with his inability to
attend the meetings of the Council of Homeowners Association to explain the ham
radio operators' position, due to the fact that the Council's meetings are all
private.
Council Meeting 699 September 22, 1977
Peter Von Hagen, 28410 Meadowmist, speaking for the Rancho Palos Verdes Amateur
Radio Association, indicated the amateur radio operators were seeking relief from
excessive fees, red tape, and administrative procedures, in order to pursue their
hobby. In the past six years, while the City's population increased by approximately
12,000, only seven new amateurs were licensed in the City. Amateur radio operators
provide vital emergency and disaster communications and are always available to
government and service organizations for planning for emergency situations. This is
a service for which hams are not allowed to receive financial remuneration. Therefore,
to require expensive conditional use permits in addition to the cost of equipment
(a 54 foot crank up tower is approximately $2400) is unreasonable.
Mr. Von Hagen was critical of the proposed amendment in that he felt it lacked clear,
definitive criteria for applicants to satisfy. It was his suggestion that the changes
recommended by the staff and Planning Commission on September 21, 1976 be adopted, in
that they are proper, prudent, protect the City from abuses, and allow ham radio
operators to pursue their hobby without unnecessary cost and paperwork.
Lincoln Cain, 6718 Los Verdes Drive, speaking for the Council of Homeowners Associations
Committee on Antennas indicated support of the existing ordinance. Mr. Cain expressed
concern that too much was exempted under the new proposed ordinance; that a 14 foot
array was extremely large; that, since antennas 45 feet high might be visible from
500' away, the notification radius should be increased from 300' to 500' ; that view
obstruction should not be a criteria for considering a request for an antenna, since
no antenna can obstruct (i.e. , obliterate) a view, but can only impair it.
Russ Schweiger, 30828 Via la Cresta, indicated he felt antennas were unsightly, and
presented a slide presentation of various antennas.
Donald R. Klesges, 6221 Moongate Drive, representing the Rancho Palos Verdes Council
of Homeowners Association, indicated the proposed amendment was unacceptable; he sub-
mitted a list of general comments and specific changes recommended by the Council of
Homeowners Associations, which is on file in the office of City Clerk. Recommended
changes included: (1) all antennas under 40' require general permit procedures, but
only two such antennas should be permitted per structure, excluding normal television
antennas. (2) Antennas between 40 and 75 feet require conditional use permit; no
antennas would be permitted taller than 75' , measured from ground level,except for City
antennas necessary for the conduct of City business. (3) Antennas should be located
on the property so as to be least obtrusive to the surrounding community, and of course,
must be safely, properly installed.
Mr. Klesges suggested that more specific definition of the types of materials and
methods of construction be incorporated into the antenna ordinance, as well as a better
definition of array. He pointed out that it was possible to have extremely large booms
but still fall within the 14 foot array requirement.
Elza Cortez, 29681 Highpoint Road, President of the Miraleste Hills Homeowners Association
and President of the Rancho Palos Verdes Council of Homeowners Associations (representing
thirty active homeowners associations) , submitted petitions containing signatures of
3,600 individuals in favor of more stringent antenna regulations than are currently in
the City Code. In response to a question from the Council, Mrs. Cortez indicated the
signers of the petitions had not all read both the existing ordinance and proposed
amendments.
Jacki Bacharach, Rancho Palos Verdes Planning Commissioner, identified the following
issues which were unresolved during Planning Commission hearings, and suggested that
they be carefully considered by the Council. (1) Use of the term "view obstruction"
rather than "view impairment" (2) Whether in areas where utilities are underground
or where scenic vistas/view corridors exist, all antennas over 45 feet should require
a conditional use permit; (3) Whether notification should be expanded to 500' instead
of 300' ; (4) Whether towere should be prohibited in front yards.
Sheila Hoff, 28205 Ambergate, expressed concern that. the proposed amendment was not in
conformance with the General Plan. Mrs. Hoff submitted written comments, which are
on file in the office of the City Clerk.
Council Meeting 700 September 22, 1977
Speaking in support of the Amateur Radio Association's position were the following
individuals:
John Shepherd, 6002 Flambeau
Leonard Victor, operator of ham radio station at Long Beach Veterans
Administration Hospital
Herbert Hoover, III, 1520 Circle Drive, San Marino; Consultant to American
National Red Cross and member of Disaster Reserve for the
Red Cross
Ray Day, 27131 Indian Peak Road
John Dailey, 30753 Ganado Drive
Victor White, 28418 Meadowmist
John Davey, 16 Cypress Way, Rolling Hills Estates; Member of National
Association of Lions Clubs
John Shallenberger, 311 Pomona, Long Beach
Mel Vague, 32437 Sea Raven
Richard Mills, 26760 Shadow Wood
Robert Keefer, 5148 Silver Arrow
Clinton Mason III, 28873 Blythewood
David Garner, 6212 Scotmist
Dave Maltby, 29121 Indian Valley
Hank Meyer, 29330 Whitley Collins
Dr. John Cashen, 5724 Ironwood
John Copley, 30061 Grandpoint
Doug Richards, 2546 Colt Road
Sam Laland, 28031 Acana
John Alexander, 28403 Covecrest
Ronald Kline, 27527 Longhill
The following statements were made by those in support of the Amateur Radio
Association: (1) Ham radio operators provide numerous humanitarian and public
services, including Radio Amateur Civil Emergency Services, Assistance to National
Red Cross, communication survey for City's Public Works Department re City radio
system, communication for servicemen abroad, P.V. Marathon race communications.
(2) Amateur radio is defined by treaty and recognized internationally as a service,
not just a hobby. (3) Amateur Radio is also highly educational. (4) Neighboring
cities (Torrance, Lomita, Los Angeles, Rolling Hills Estates) have much less
restrictive ordinances re antennas. (5) The proposed ordinance, because of its
unduly restrictive nature, is a violation of personal property rights; (6) There
has been no demonstrated need for restrictions such as those contained in the pro-
posed amendment. (7) A conditional use permit is not an appropriate permit to
require for antennas.
Donald L. Royer, 18765 Santa Isadora Street, Fountain Valley, represented the
Personal Communications Foundation, a national organization of attorneys and
judges to assist amateur radio operators, City Councils, etc. Mr. Royer raised a
number of legal issues with regard to antenna regulations. It was his opinion that
both the existing ordinance and the proposed amendment were unconstitutional on
a number of bases. He indicated he would provide the Council with a copy of his
concerns and a summary of relevant case law in the matter.
Ms. Laverne Racht, 30422 Camino Porvenir, a real estate associate on the Peninsula,
indicated that following a review of sales history of a number of homes in the area,
she could not find that existing antennas decreased the values of homes surrounding
them, nor did they cause there to be a longer period of time necessary to sell the
home. Ms. Racht submitted a list of the properties studied, which is on file in
the office of the City Clerk.
Robert Lace, 7354 Via Lorado, spoke in support of the Amateur Radio Association's
position, and read a statement prepared by Brian Tilley, 29026 Indian Valley Road.
Kenneth E. Getzin, 28207 San Nicolas Drive, spoke in favor of the proposed amend-
ment, indicating he felt it was reasonable for the amateur radio operators and
provided adequate protection for the rest of the community.
John Doyle, 29211 Golden Meadow Drive, indicated support of the proposed changes,
in that they represented a reasonable balance between conflicting interests.
Council Meeting 701 September 22, 1977
•
Councilwoman Shaw left the meeting at 12:10 A.M.
Betsey Kelly, 6611 Vallon Drive, representing Vic Cabas, the President of the
Monaco Homeowners Association, indicated that Association's unanimous opposition
to the proposed amendments and its opposition to any relaxing of antenna restrictions.
De De Hicks, 6120 Scotmist Drive, expressed concern that the views of homeowners
in the area should be taken into consideration when granting or denying an antenna
permit, with objections by neighbors constituting grounds for denial. It was her
recommendation that the City maintain its existing Code, which provides for input
from the homeowners and allows the ham radio hobby to continue.
Joseph Clifford, 30907 Rue de la Pierre, indicated concurrence with the comments
of Ms. Hicks, Bacharach and Hoff. It was his suggestion that permits be granted
for a limited amount of time and then, if appropriate, renewed.
Speaking against a less restrictive ordinance than that already contained in the
City's Development Code were Lois Larue, 3136 Barkentine; Fred L. Eaton, 30615
Cartier; Vincent Martelli, 6937 Vallon; and Peggy Lanigan, 28416 Quailhill Drive.
Ms. Lanigan suggested a more restrictive ordinance than the current antenna regula-
tions be adopted.
There being no further individuals wishing to give testimony, MAYOR RYAN DECLARED
the public hearing on Code Amendment #1 closed.
At 12:40 A.M. , on motion of Councilman Ruth, seconded by Councilman Dyda and carried,
the meeting was adjourned.
MA OR ..
j
LEONARD G. WOOD, CITY CLERK &
EX OFFICIO CLERK OF THE COUNCIL
'% ' e4'
Council Meeting 702 September 22, 1977