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CC MINS 19771018 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING OCTOBER 18, 1977 The meeting was called to order at 7:45 P. M. by Mayor Robert E. Ryan at the Palos Verdes Unified School District Building, 30940 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, Assistant City Manager and Director of Planning Sharon W. Hightower, Administrative Assistant Trish Hanelin, Director of Public Works Dennis Pikus, Administrative Services Officer George Wunderlin and Deputy City Clerk Mary Jo Lofthus. APPROVAL OF AGENDA: On motion of Councilman Buerk, seconded by Councilman Dyda, the Agenda was approved adding discussion of: Fire and Disaster Committee Report (Dyda) ; Christmas Tree (Ruth) ; and Tree Trimming of Street Trees (Ryan) There being no objection, MAYOR RYAN SO ORDERED. WAIVER OF FULL READING OF Councilman Buerk moved, seconded by ORDINANCES & RESOLUTIONS Councilman Dyda, to waive reading in full of all ordinances and resolutions adopted at this meeting with consent to the waiver of reading to be deemed to be given by all councilmembers after the reading of the title, unless specific request was made at that time for the reading of such ordinance or resolution. CONSENT CALENDAR Councilman Dyda requested removal of Item No. 3 (approval of bonds for traffic signal at Hawthorne Boulevard & Country Lane/ Ocean Crest Drive) from the Consent Calendar. Upon request of Christopher L. Holley, Item No. 2 (Claim of Christopher Holley against the City for damage to personal property) was also removed. On motion of Councilman Dyda, seconded by Councilwoman Shaw, the Consent Calendar was approved as follows: APPROVAL OF WALL - Approved the work, and cancelled the RELEASE OF BOND FOR TRACT faithful performance Bond No. 228487 in NO. 29593 the amount of $2300.00 issued by National (1411) Automobile & Casualty Ins. Co. LEFT TURN PHASING HAWTHORNE Received and file the report from the & GRANVIA ALTAMIRA Traffic Committee containing their recom- (1503) mendations on the installation of left- turn phasing at Hawthorne Boulevard and Granvia Altamira. RESOL. NO. 77-84 ADOPTED RESOL. NO. 77-84 OF THE CITY ESTABLISHING SPECIAL COUNCIL OF THE CITY OF RANCHO PALOS VERDES TURNING REGULATIONS ESTABLISHING SPECIAL TURNING REGULATIONS (1503) AT CERTAIN INTERSECTIONS WITHIN THE CITY OF RANCHO PALOS VERDES. Council Meeting 710 October 18, 1977 RESOL. NO. 77-85 ADOPTED RESOL. NO. 77-85 OF THE CITY AUTHORIZING AN EXCEPTION OF RANCHO PALOS VERDES AUTHORIZING AN TO EXISTING PROHIBITED EXCEPTION TO THE EXISTING PROHIBITED STOPPING ZONES STOPPING ZONES ON THE SOUTH SIDE OF (1503) INDIAN PEAK ROAD FROM 8:45 A.M. TO 9:15 A.M. AND FROM 11:30 A.M. TO 12:00 NOON. RESOL. NO. 77-86 ADOPTED RESOL. NO. 77-86 OF THE CITY REPEALING RESOL. 75-03 COUNCIL OF THE CITY OF RANCHO PALOS ESTABLISHING PROHIBITED VERDES REPEALING RESOL. NO. 75-03 STOPPING ZONES WHICH ESTABLISHED PROHIBITED STOPPING (1503) ZONES ON THE NORTH SIDE OF INDIAN PEAK ROAD. RESOL. NO. 77-87 ADOPTED RESOL. NO. 77-87 OF THE CITY REGISTER OF DEMANDS COUNCIL OF THE CITY OF RANCHO PALOS (1504) VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $482,413.80, DEMAND NUMBERS 4048 THROUGH 4098. The motion to approve the Consent Calendar, carried on the following roll call vote: AYES: SHAW, RUTH, DYDA, BUERK AND MAYOR RYAN NOES: NONE # # # # # # # # # # • ITEMS REMOVED FROM THE CONSENT CALENDAR: / irklitAVOL 4 ` /7 CLAIM OF CHRISTOPHER Christopher L. olley, 7292 Berryhill HOLLEY AGAINST THE Drive, presented the Council with CITY pictures of theme which was (303) raised and consequently damaged the underside of his car. Mr. Holley stated that he felt it was the responsibility of the City to repair the driveway apron. The City Attorney opined that according to the provisions of California law the property owner has the responsibility of making these repairs and the City was not responsibile for any damage caused by this condition. Councilman Buerk moved, seconded by Councilman Dyda to adopt the staff recommendation that the claim be disapproved. There being no objection, MAYOR RYAN SO ORDERED. APPROVAL OF BONDS FOR TRAFFIC Councilman Dyda moved to add to SIGNAL AT HAWTHORNE BLVD. & paragraph 1/of this Agreement: COUNTRY LANE/OCEAN CREST DR. "The Contractor shall notify the City (1503) of the date of the sale of the last previously unsold house on the tract within 30 days after the date of such sale." The motion was seconded by Councilwoman Shaw. There being no objection, MAYOR RYAN SO ORDERED. Councilwoman Shaw moved that before any traffic signal agreement is executed that the Director of Public Works take the matter to the Traffic Committee & the City Council. The motion was seconded by Councilman Ruth. There being no objection, MAYOR RYAN SO ORDERED. Councilman Dyda moved, seconded by Councilwoman Shaw to authorize the Mayor to sign this agreement as amended. There being no objection, MAYOR RYAN SO ORDERED. Council Meeting 711 October 18, 1977 PUBLIC HEARINGS: TENTATIVE TRACT NO. 32977 The Clerk having reported notice SOUTHEAST CORNER OF PALOS VERDES duly published, Mayor Ryan declared DRIVE SO. & CLIPPER ROAD the public hearing open. LANDOWNER/APPLICANT: HERBERT ANGEL (1411) Associate Planner Gary Weber presented the staff report of October 18, 1977. This report described the tentative tract as a 1.58 acre site on which the landowner proposed to build four detached single family homes. One lot would remain open space to provide for recreational facilities. The Planning Commission had reviewed this tract and recommended approval. Additionally, after review and study, the Commission approved Conditional Use Permit No. 27. The project was granted a Final Negative Declaration on March 1, 1977. Mr. Weber stated that the staff was recommending that the power pole located on Palos Verdes Drive So. be relocated or undergrounded. He also referred to the applicant's request for a 50% reduction in the Parkland Dedication Fee. This request was based on Section 91041 E9 (page 123) of the Development Code which establishes provisions for allowing credit for private open space. Council was informed that the appropriate findings had been made in order to allow this reduction. The Director of Planning reported that letters of appeal from two neighbors had been received by the City. These appellants were claiming defective notice and were also requesting waiver of the appeal fee. It was the opinion of the City Attorney that the notice was valid. In response to Council's discussion and questions on the height of the structure on the first lot, Mr. Herbert Angel, the landowner, stated that this structure could be lowered one additional foot. Speaking in opposition to the Conditional Use Permit No. 27 was Mr. D.W. Prideaux, 29126 Oceanridge Drive. His objection was to the height of the structure on Lot 1 since he was of the opinion that his view would be impaired. Additionally, he stated that he was unaware that there was a public hearing held on this tract. Mr. Neil Atkinson, 6162 Arrowroot Lane, told the Council that there seemed to be some confusion on when the public hearing was held for the Conditional Use Permit. He stated he had not been notified. Mr. John McTaggart, Chairman of the Planning Commission indicated that the Planning Commission had used the same series of photographs at their hearing as was presently mounted for Council and public viewing. These pictures showed the ridgeline of the proposed house for this lot. He further commented that the Planning Commission had requested the applicant to lower the roofline of the houses on the first two lots and that this had been explained to Messrs. Prideaux and Atkinson. They were also informed that they had the right to appeal the Planning Commission decision to the Council after the closing of the Commission's public hearing. The City Attorney commented that given the facts of this situation, it was his opinion that the height limitation ordinance would not be applicable in this situation since nobody's view was substantially impaired. The proposed structure would affect only a minor percentage of the appellants' panoramic view. Council inquired of the appellants if they were prepared to discuss the height aspect of this matter and they indicated that they were. Mr. Atkinson then read aloud his letter of October 4, 1977 to the City Manager. (This letter was included in the Council's agenda package. ) There being no response to the Mayor's request for further audience testimony, Mayor Ryan declared the hearing closed. Council Meeting 712 October 18, 1977 Council discussion then followed with regard to the undergrounding of the utilities and the possibility of lowering the structure on Lot 1. Councilman Dyda then moved, seconded by Councilman Ruth to add as Section 27 to Exhibit "A" of the proposed resolution the following: 27. All utilities on subject property and public right-of-way adjacent thereto be removed and undergrounded. There being no objection, MAYOR RYAN SO ORDERED. Councilman Dyda moved, seconded by Councilman Ruth, to add as Section 28 to Exhibit "A" of the proposed resolution the following: 28. The maximum ridgeline of the structure on Lot 1 shall be revised on the approved Conditional Use Permit site plan to be one (1) foot lower. There being no objection, MAYOR RYAN SO ORDERED. The City Attorney requested that the following provision be added to Exhibit "A" of the proposed resolution: 29. Within ten (10) days of the receipt of the final resolution and conditions, the developer shall read and consent in writing to said conditions. Councilman Dyda so moved, seconded by Councilman Ruth. There being no objection, MAYOR RYAN SO ORDERED. Councilman Buerk stated that in view of the fact that the necessary findings had been made, and since the reduction of the parkland fee was in the public interest, he moved to adopt the findings as outlined in the staff report and reduce the parkland fee by 50%. The motion was seconded by Councilman Dyda. There being no objection, MAYOR RYAN SO ORDERED. RESOLUTION NO. 77-88 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING TENTATIVE TRACT NO. 32977 was introduced by title. Councilman Dyda moved, seconded by Councilwoman Shaw to ADOPT RESOLUTION NO. 77-88. There being no objection, MAYOR RYAN SO ORDERED. RECESS At 9:00 P.M. Mayor Ryan declared a brief recess. At 9:15 P.M. , Mayor Ryan called the meeting back to order with the same members present. CONDITIONAL USE PERMIT #26 The Clerk reported that notice had APPLICANT/APPELLANT been duly published and that this PENINSULA RACQUET CLUB meeting had been continued from September 6. Mayor Ryan then declared the public hearing open. The Director of Planning presented the staff report of September 6, 1977. This report outlined the public hearing procedure this CUP had been through the Planning Commission. The CUP was denied by the Commission based on the grounds of basic conflict with various provisions of the General Plan, such as preservation of semi- rural character and view. It was the staff recommendation, based on re-evaluation of the proposed project to uphold the Planning Commission's denial since no evidence had been presented which substantiated the basis for appeal. Speaking in support of the appeal were the following persons: Council Meeting 713 October 18, 1977 Richard Morse, 553 Paseo Lunado, Palos Verdes Estates, a member of the Peninsula Racquet Club, stated he would like to have the remaining six courts lit and an extension of the playing hours, Monday through Sunday. He felt that the staff report was improperly balanced. Further, he commented that evidence presented to the Council would show that lights could be installed that would be compatible with the neighborhood, and would not be in conflict with the General Plan. Mr. Bruno Michetti, 30816 Via Rivera, distributed to the Council a package which contained background information on standard operating procedures for local tennis clubs, a City staff report dated July 25, 1974, Notice of Negative Declaration dated July 22, 1974, hours of use for the club's courts (lighted and unlighted) and letters describing the benefits of using the Bieber Parkette Ecology Light. This information package is on file with the City Clerk's Office. Mr. Dennis Proud, 31244 Palos Verdes Drive West, a professional photographer, exhibited photographs of the tennis courts taken at night and which he felt showed no evidence of excessive glare emanating from the tennis court area. Councilwoman Shaw stated that she had visited the area one evening and it was her opinion that Mr. Proud's pictures were a true representation of what she had seen. Mr. Herbert Bieber, 626 Isis Avenue, Inglewood, gave the background on the type of lighting he had proposed for installation on these courts. He told the Council these lights would reduce the glare, were effective lighting and would meet the City's zoning codes. Mr. Anthony Bishop, 32614 Coastsite Drive, said he was in favor of maintaining the rural atmosphere of the City, but he didn't think lighted tennis courts were in- compatible with this concept. Speaking in opposition were the following members of the La Cresta Homeowners Association: Mr. D.M. Rubel, 6844 Vallon Drive, President of the Homeowners Group said he supported the Planning Commission's denial of the CUP. Mr. Russ Schweiger, 30828 Via La Cresta, a member of the La Cresta Homeowners, said that when the CUP was originally applied for, his group was opposed to it, and that the objections voiced at that time were still valid. Mr. Schweiger pre- sented the Council with aerial photographs of the lighted tennis courts and it was his opinion that these lights did cause glare for some of the surrounding homes in his neighborhood. Mr. Bill Meikel, 30846 Via La Cresta, remarked that the lighted courts have been a constant source of aggravation in the neighborhood; that there has not been any enforcement of the conditions of the CUP. He presented to the Council a sta- tistical analysis of the hours of usage of the tennis courts and it was his determination that the presently lit courts were not being used to their full capacity. Bob King, 30764 Via La Cresta, said his home was affected by the tennis courts and he objected to the additional lighting and hours of operation and requested that the City Council uphold the Planning Commission's denial. Mr. Bill Ridpath, 6310 Alto Circle, speaking in rebuttal to the opponents, said he was involved in some of the discussion when the CUP was originally applied for. He stated that about ten homes were impacted by the lighting of the tennis courts, but that the membership would pay for the additional costs of these new lights. He commented that the Club had lived up to the conditions of the CUP and that the noise from the Club was minimal. He said the Club benefitted 350 families and therefore was of benefit to the community as a whole. Speaking in rebuttal, Mr. Miekel said that the photographs were not representative of the situation because they were taken at street level and the homes affected by the lights were not at the same level. Mr. Schweiger, also speaking in rebuttal, stated that with additional lighting more homes would be affected and that the tennis courts reported on by club members at the meeting were not located in residential areas. Council Meeting 714 October 18, 1977 There being no response to the Mayor's request for additional public testimony, Mayor Ryan declared the public hearing closed. Councilman Dyda requested to know if when conditions are set for a CUP does the City also have to stipulate maintenance. The City Attorney stated that if conditions are set for landscaping, it must be maintained. Council discussion then followed on the maintenance of the landscaping, since it was originally intended that the trees planted would eventually act as screening for the lighted tennis courts; the use of the PA system; the affects of the new lighting; and, the fact that there should be give and take on both sides. Councilman Ruth moved to grant permission for the lighting of six additional courts. The motion failed for lack of a second. Councilman Buerk moved, seconded by Councilman Ruth, to extend the hours of operation and lighting to 10:00 P.M. Monday through Saturday, maintaining the same hours on Sunday. Councilman Buerk with the permission of the second, modified his motion to extend the hours of operation Monday through Friday until 10:00 P.M. , Saturday to 7:30 P.M. and maintaining the same hours on Sunday. Councilman Dyda moved, that the lighting be approved on the condition that the trees that were planted and died would be replaced and maintained to complete the screening of the lights. The motion was seconded by Councilman Buerk. There being no objection, MAYOR RYAN SO ORDERED. Councilman Buerk moved, seconded by Mayor Ryan that the P/A system not be used after 6:00 P.M. Councilman Buerk suggested the use of lights on each court instead of a P/A system. Councilwoman Shaw stated that unless there was evidence of the system being abused she would not want to forbid its use. Councilman Dyda suggested the use of speakers at each court so that the volume could be kept down. The motion failed on the following roll call vote: AYES: BUERK NOES: SHAW, RUTH, DYDA & MAYOR RYAN Councilman Dyda then moved that as part of the conditions for the benefit of having hours extended that the paging system be revised within six months to provide low volume speakers on the courts that are switch selectible to maintain minimum noise impact for paging. The motion was seconded by Mayor Ryan but failed on the following roll call vote: AYES: DYDA, RYAN NOES: SHAW, RUTH, BUERK Councilman Ruth moved that the club be permitted to install lights on six additional courts that are now not lighted. The motion failed for lack of a second. Councilman Dyda moved, seconded by Mayor Ryan to waive the 12:00 midnight adjournment. There being no objection, MAYOR RYAN SO ORDERED. Councilman Buerk moved, seconded by Councilman Ruth, to recess to executive session after discussion of items No. 11 (appeal of Negative Declaration to EIR #328) , No. 18, (Appraisal of Nike Site) and No. 19 (Setting date for work session on Coastal Plan. ) There being no objection, MAYOR RYAN SO ORDERED. Council Meeting 715 October 18, 1977 APPEAL OF NEGATIVE DECLARATION Mr. Robin Doyno, #13 Plum Tree Lane, TO ENVIRONMENTAL ASSESSMENT representing the Association for the NO. 328 Preservation of Existing Life Style, (1803) said that the an Environmental Impact Report was necessary. Mr. Doyno referred to the letter dated October 18, 1977 from the Portuguese Bend Community Association which he distributed to Council and which is on file with the City Clerk's Office. Mr. Timothy Betts, 7 Plum Tree Road, stated his support for a full EIR. With the use of charts and graphs, Mr. Betts presented a study which he performed measuring the various sounds in this area at certain times of the day and night. His concerns dealt mainly with the noise that would emanate from the proposed facility. He suggested that if an EIR was conducted that it deal with soils and geology report, the noise effects of the proposed racquet club, pool and party area, and additionally, he requested that the EIR be expanded to cover the effects of additional traffic and lighting. Mayor Ryan instructed staff to supply the information presented by Mr. Betts to the Council for their study. Mr. John Tretheway, Attorney for Don Burt, stated that since there is presently a riding club in the area, some of the noise levels presented by Mr. Betts were already a part of the present environment of the area. Since it was the consensus of Council that they would need more time to consider the facts presented at the Council Meeting, Councilman Buerk moved, seconded by Councilman Dyda to continue the matter to the next Council Meeting. There being no objection, MAYOR RYAN SO ORDERED. NIKE SITE APPRAISAL Councilman Dyda moved, seconded by (1109) Councilman Ruth, to authorize up to $5,000 for the appraisal of the Nike Site and authorized the Mayor to sign the agreement. The motion carried on the following roll call vote: AYES: SHAW, RUTH, DYDA, BUERK AND MAYOR RYAN NOES: NONE WORK SESSION FOR COASTAL PLAN Council set a work session for Tuesday, (701) October 25, 1977 at the hour of 7:30 P.M. EXECUTIVE SESSION At 1:15 A.M. Council recessed to Executive Session to discuss legal matters. At 1:30 A.M. the meeting reconvened with the same members present. ACQUISITION OF HORSE TRAILS Councilman Buerk moved, seconded by (701) Councilman Dyda to authorize the City Attorney to proceed with the acquisition of property for an equestrian trail. TRAFFIC COMMITTEE REPORT REGARDING RESOL. NO. 77-89 OF THE CITY COUNCIL PALOS VERDES DRIVE SO. AT OF THE CITY OF RANCHO PALOS VERDES ABALONE COVE PROHIBITING U TURNS AT CERTAIN INTERSECTIONS WITHIN THE CITY OF RANCHO PALOS VERDES was introduced by title. Councilman Buerk moved, seconded by Councilman Dyda to authorize the allocation of $2300 from the Gas Tax Reserves for the installation of the two-way left-turn lane. The motion carried on the following roll call vote. Council Meeting 716 October 18, 1977 AYES: SHAW, RUTH, DYDA, BUERK, & MAYOR RYAN NOES: NONE ADJOURNMENT At 1:34 A.M. Councilman Buerk moved, seconded by Councilman Dyda to adjourn October 25, 1977 at 7:30 P.M. for a Work Session on the Coastal Special Plan. jOe / r 7 LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL r RK - i 1 Council Meeting 717 October 18, 1977