CC MINS 19771101 MINUTES
Rancho Palos Verdes City Council
Regular Meeting
November 1, 1977
The meeting was called to order at 7 : 50 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 & 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.
PEDESTRIAN SAFETY AWARD Mr. Nick Novosad, Assistant Manager
(304) of the Torrance District Office of
the Automobile Club of Southern
California presented Mayor Ryan with a Special Citation for Pedestrian
Safety. Mr. Novosad gave a brief history on this subject and compli-
mented the City for its excellent record.
APPROVAL OF AGENDA On motion of Councilman Dyda,
seconded by Councilwoman Shaw,
the Agenda was approved, adding
discussion of the following: Notification (Buerk) and, Palos Verdes
Drive East (Buerk) . Councilman Buerk requested the removal of Item
No. 12 (RTD Bus Plan) .
There being no objection, MAYOR RYAN SO ORDERED.
WAIVER OF FULL READING OF Councilman Dyda moved, seconded
ORDINANCES AND RESOLUTIONS by Councilwoman Shaw, to waive
further 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 ordin-
ance or resolution.
CONSENT CALENDAR Councilwoman Shaw requested removal
of the Minutes of the Council
meeting of October 18, 1977. At
the request of Mr. A.C.L. Bishop, 32614 Coastsite Drive, Item No. 2
(Resolution pertaining to CUP #26) was also removed from the Consent
Calendar.
On motion of Councilman Dyda, seconded by Councilman Buerk the consent
calendar was approved as follows :
TRACT NOS. 29822 & 31394 Approved release of bonds in default
- RELEASE OF BONDS and cancellation of subdivision
(1411) agreement for Nos. 29822 and 31394 .
RESOLUTION NO. 77-90 ADOPTED RESOLUTION NO. 77-90 OF THE
REGISTER OF DEMANDS CITY COUNCIL OF THE CITY OF RANCHO
(1504) PALOS VERDES ALLOWING CERTAIN CLAIMS
AND DEMANDS IN THE SUM OF $503,378 . 98,
DEMAND NUMBERS 4099 THROUGH 4144.
The motion to approve the Consent Calendar carried on the following
roll call vote:
AYES : SHAW, RUTH, DYDA, BUERK & MAYOR RYAN
NOES: NONE
# # # # #
720
ITEMS REMOVED FROM THE CONSENT CALENDAR:
MINUTES OF OCTOBER 18 , 1977 The minutes of October 18 , 1977
were corrected to read on Page 711,
third line of first paragraph per-
taining to the Claim of Christopher Holley Against the City: " . . .
pictures of the raised sidewalk. . ." On motion of Councilwoman Shaw,
seconded by Councilman Dyda, the minutes of October 18 , 1977 were
approved as corrected.
CONDITIONAL USE PERMIT NO. 26 Mr. A.C.L. Bishop, 32614 Coastsite
Applicant: Peninsula Racquet Drive, #D, requested that the
Club adoption of this proposed resolu-
(1804) tion be delayed until the Racquet
Club had installed the new retro-
fitted lights and the Council had
the opportunity to visit the site. It was Mr. Bishop' s opinion that
if Councilmembers did so, they would see that the additional lighting
requested by the Club would not affect the nearby homes on Via La
Cresta.
The City Attorney opined that adoption of this resolution could be
delayed and considered at a later meeting.
Councilman Buerk then moved to postpone adoption of the resolution
until the first meeting in December in order to enable Council to look
at the lighted courts and determine if there was sufficient evidence
to reopen the hearing on Conditional Use Permit No. 26. The motion
was seconded by Councilman Dyda and carried on the following vote:
AYES: SHAW, RUTH, DYDA AND BUERK
NOES: MAYOR RYAN
The Director of Planning noted that minor changes were necessary in
Section 1 of this resolution.
# # # # #
PUBLIC HEARING:
LANDSCAPE MAINTENANCE DISTRICT The Clerk reported that notice of
(MAINTENANCE DISTRICT NO. 1) this public hearing had been duly
(901) published and that the City had
received no written protests. Mayor
Ryan then declared the hearing open
and the Director of Public Works presented the Engineer' s Report dated
October, 1977 for Landscape and Open Space Maintenance District No. 1,
Fiscal Year 1978-79 in the City of Rancho Palos Verdes. This report
was prepared pursuant to Resolution No. 77-52 and was in compliance
with the requirements of Article 4, Chapter 1, Landscaping and Lighting
Act of 1972. The improvements for this district consisted of landscaped
areas and walkways within Tract No. 32673 located on Hawthorne Boulevard.
Also listed was the estimated cost of the improvement and the net
amount to be assessed on lots affected by this District.
The City Attorney requested the addition of Section 6 to the proposed
resolution:
Section 6. That the City Clerk is hereby ordered to
file the diagram and assessment or a certified copy
thereof with the County Auditor of Los Angeles County.
At this point, Mayor Ryan declared the public hearing closed.
RESOLUTION NO. 77-91 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES ORDERING CERTAIN IMPROVEMENTS, ORDERING THE FORMATION OF A
LANDSCAPING MAINTENANCE DISTRICT AND CONFIRMING THE DIAGRAM AND
ASSESSMENTS THEREON. (LANDSCAPE AND OPEN SPACE MAINTENANCE DISTRICT
NO. 1) was read by title. On motion of Councilman Dyda, seconded by
Councilwoman Shaw, RESOLUTION NO. 77-91 was ADOPTED.
There being no objection, MAYOR RYAN SO ORDERED.
Council 721 November 1, 1977
APPEAL OF NEGATIVE DECLARATION Director. Hightower presented the
RE ENVIRONMENTAL ASSESSMENT staff report of November 1, 1977
NO. 328 which noted that the primary concerns
Applicant: Don Burt expressed by the appellants at the
Appellant: Robyn Doyno Council Meeting of October 18 , 1977 ,
(1803) dealt with additional emphasis on
geology, environmental noise, traffic,
lighting and the use of private roads.
The appellants felt that the report prepared for this proposed project
did not deal adequately with the special and unique character of the
Portuguese Bend area, hence their request for an Environmental Impact
Report.
It was staff recommendation that the City Council uphold the Final
Negative Declaration for Environmental Assessment No. 328 and that
II the staff reports of October 18 , 1977 and November 1, 1977 be added
as addendums to the initial study for the negative declaration.
Mr. Timothy Betts, 7 Plum Tree Road, representing the Association for
Preservation of Existing Life-Style, presented to the Council a report
on noise calculations for wind focusing and a report on noise propa-
gation from the stable area of the proposed club. Both of these
reports are on file with the City Clerk' s office.
Councilman Dyda moved that after hearing Mr. Betts' report, there was
no new information from an environmental standpoint that required
staff response since he presented his calculations in writing. The
motion was seconded by Councilwoman Shaw.
There being no objection, MAYOR RYAN SO ORDERED.
Councilwoman Shaw moved, seconded by Councilman Dyda to uphold the
final negative declaration for Environmental Assessment No. 328 .
There being no objection, MAYOR RYAN SO ORDERED.
REQUEST TO ERECT SIGNS The Director presented the request
IN PUBLIC RIGHT-OF-WAY of the Palos Verdes Community Arts
ART FOR FUN (D) S SAKE Association requesting permission
(305) to post directional signs along the
public right-of-way on Palos Verdes
Drive West, Hawthorne Boulevard at Crest Road, and on Crenshaw Boulevard
at Crestridge. Additionally, the association was requesting waiver of
the required fee for this posting.
Councilman Dyda moved, seconded by Councilman Buerk to approve the
placement of these signs and waive the fee.
There being no objection, MAYOR RYAN SO ORDERED.
APPEAL OF HEIGHT Associate Planner Gary Weber presented
VARIATION NO. 67 the staff report of November 1, 1977
Applicant: The Builders which noted that this appeal for a
Appellant: Jean Goppert height variation had been denied by
(1804) the Planning Commission on September
15, 1977. The City then received an
appeal letter dated September 29,1977.
With the use of drawings and photographs, Mr. Weber explained how this
proposed addition was to be designed.
Discussion then followed regarding the application and interpretation
of the portion of the Height Limitation Ordinance dealing with "compat-
ibility. "
Mr. Louis A. Grenier, 5508 Elmbank Road, who lives across the street
from this proposed height variation, read a prepared statement to the
Council. It was his belief that the Ordinance had not been interpreted
correctly and referred to court rulings on similar matters. He described
the specific effects this variation would have on his home and other
homes in the neighborhood, noting that fifteen neighbors were protesting
this project.
Council 722 November 1, 1977
Mr. Jean Goppert 5507 Bayridge Road, representing sixteen homeowners
who contributed to pay the appeal fee on this matter, read a prepared
statement to the Council, a copy of which is on file with the City
Clerk' s office.
Council then entered into discussion with regard to the character of
the neighborhood and what effects this height variation would have
on that character.
In response to Council questions, Mr. Sorensen, 5519 Elmbank, explained
how his view would be impaired if this addition was built. It was his
opinion that if the addition was moved toward the front of the house,
there would be less of an impact on his view.
Mr. Sturgeon, 5436 Bayridge, told the Council he was concerned about
his loss of light. He expressed further concern that other homeowners
in the area would also be requesting second story addition and that
the cumulative effects of such additions would be adverse.
Larry Baker, 1021 Sepulveda, Manhattan Beach, representing the appli-
cant in this matter, stated his client wanted to add a second story
so they could retain the use of their backyard.
Council then entered into a discussion as to whether this addition
met with the findings of Section 9113, subsections a. through f. of
the Development Code. Concern was especially expressed as to the
compatibility of this structure with the rest of the homes in the
neighborhood.
Councilman Dyda moved, seconded by Councilwoman Shaw, that the struc-
ture proposed for 5513 Elmbank did not meet criteria "B" in that the
proposed structure, due to the design of the neighborhood, depended
on single story homes. Further, it does not meet the cumulative effect
criteria in that extension of two story homes along Elmbank in that
area would modify the character of the neighborhood and neighborhood
view, and therefore the appeal be granted and the height variation be
denied.
There being no objection, MAYOR RYAN SO ORDERED.
Council further noted that the lots in this neighborhood were small
and that the percentage of the lots covered by the homes was unusually
high. For that reason, a second story would negatively impact the
neighborhood character.
The City Attorney stated that it should be noted in the minutes that
this motion was based on factual evidence presented during public
testimony and after discussion among Council members .
RECESS At 9 :48 p.m. , Mayor Ryan declared
a brief recess. At 10 : 00 p.m. ,
the meeting reconvened with the
same members present.
REGULATIONS GOVERNING THE The Director of Planning made ref-
USE OF COMMON DRIVEWAYS erence to the letter of August 15,
(1212) 1977 from the Rancho Palos Verdes
Council of Homeowners Associations
which outlined the major problems
encountered with common driveways. This letter concluded with a list
of four proposed policies for the Council ' s consideration.
The City Attorney cautioned that the City did not have the power to
regulate common driveways.
Mr. J. R. Moss, 6405 Chartres Drive, spoke to the Council and said that
members of the Homeowners' Council wanted to make the Council aware of
this growing problem within the City. Building was now being done on
less accessible lots,thereby requiring the use of more common driveways.
Director Hightower explained that it was the policy of the Planning
Commission to examine carefully any common driveway that was proposed.
Council 723 November 1, 1977
Councilman Buerk then moved to refer the matter to the Planning
Commission and request that they give it their study and make recom-
mendations to the City Council. The motion was seconded by Councilman
Dyda and carried on the following roll call vote:
AYES: SHAW, RUTH, DYDA, BUERK AND MAYOR RYAN
NOES: NONE
REQUEST FOR Council noted receipt of the October
RECONSIDERATION 21st letter from Halamka & Halamka,
OF VARIANCE NO. 14 attorneys for Rein Kuhr, applicant
(1804) for Variance No. 14
Councilman Buerk moved to deny the request for reconsideration of
Variance No. 14. The motion was seconded by Councilman Dyda.
There being no objection, MAYOR RYAN SO ORDERED.
HIGHRIDGE ROAD BIKEWAY The Public Works Director presented
(112) the staff report of October 26, 1977 .
Traffic Committee Chairman Dave Diestel told the Council that the
Committee was in complete agreement with the recommendation that
the bikeway have 10-foot parkways on both sides, two 24-foot roadways,
and a 32-foot median separating the two roadways.
Sally Burrage, representing the Ridgecrest PTA, requested that the
Council reconsider the recommendation of putting the bikeway off-road,
on the West side.
Council then discussed other possible designs for this bikeway.
Councilwoman Shaw moved to leave enough space to have minimal land-
scaping and have a barrier between bikeway and curb and reduce the
median strip to 24 feet. The motion failed for lack of a second.
Mayor Ryan moved to approve a 32-foot median with a 14-foot driving
lane on each side and a 10-foot striped lane on each side adjacent
to the curbs; also, a 10-foot sidewalk for pedestrians. Additionally,
that "No Stopping" signs be posted the length of the street.
The motion was seconded by Councilman Ruth and carried on the follow-
ing roll call vote:
AYES: RUTH, DYDA, BUERK, AND MAYOR RYAN
NOES: SHAW
PARKING RESTRICTIONS Director Pikus presented the staff
ON SEACOVE, ET AL. report of October 12 , 1977 , which
(1503) gave an account of the Traffic
Committee' s recommendations for
handling the weekend parking problems
of the lower Abalone Cove area. The Committee recommended the posting
of regulations prohibiting parking from 10: 00 a.m. to 3 : 00 p.m. every
day from May 1st through October 31st on Sea Cove Drive, Barkentine
Road, Packet Road, Clipper Road, and the Palos Verdes Drive South
frontage road. Also recommended was the removal of the barricade at
the end of Sea Cove Drive.
Mayor Ryan moved, seconded by Councilwoman Shaw, to adopt the Traffic
Committee' s recommendation.
There being no objection, MAYOR RYAN SO ORDERED.
NOTIFICATION Councilman Buerk suggested that
(1203) additional information be reported
on Planning Department notifications
sent out to residents of the City.
Council 724 November 1, 1977
FIRE PROTECTION COMMITTEE Councilman Dyda referred to the
REPORT ON AGREEMENT WITH Agreement between the City and
RALPH ANDERSEN & ASSOCIATES Ralph Andersen & Associates which
(603) was a part of the Council ' s Agenda
package. He further explained
that the consultant would be making
interim reports to the Council subcommittee on their progress with
this study. Councilman Dyda complimented Administrative Assistant
Trish Hanelin on the preparation and research required to prepare this
agreement.
Councilman Dyda then moved, seconded by Councilman Buerk to authorize
the Mayor to execute the Agreement with Ralph Andersen & Associates.
There being no -objection, MAYOR RYAN SO ORDERED.
CHRISTMAS TREE Councilman Ruth reported that the
suggestion was made to him that
the City have a Christmas tree
somewhere on the Nike Site. However, after consideration of possible
liabilities involved it was decided not to go ahead with this project.
TRIMMING OF CITY TREES Council discussed the topping of
(1407) City trees and it was the general
consensus that the Director of
Public Works should get an estimate from a private contractor on the
topping and thinning out of City trees.
ENVIRONMENTAL COMMITTEE Councilwoman Shaw noted that the
(1205) vacancy on the Environmental Commit-
tee had existed for about a month
and requested Council consideration for filling that vacancy at the
next meeting. The City Clerk was requested to place that matter on the
next agenda.
"DOPE" ON DOPE Councilwoman Shaw reported that
with the aid of Deputy Engelbart
and other Sheriff ' s Department personnel she would be conducting
a public meeting on November 29th dealing with the problem of drug
abuse by young people. It was her opinion that such a meeting would
be beneficial for many parents. She inquired as to whether or not
there was Council reservation on her holding such a meeting.
Additionally, she requested permission to send out information to
various civic groups announcing this meeting.
Councilman Dyda moved, seconded by Mayor Ryan, to approve Councilwoman
Shaw' s request to send out such information.
PALOS VERDES DRIVE EAST Councilman Buerk referred to a
(1503) letter received from the City of
Rolling Hills regarding the broken striping along Palos Verdes Drive
East. He noted that this matter would be discussed at the Traffic
Committee meeting held on Tuesday, November 2nd.
REMOVAL OF WEEDS Councilman Buerk inquired as to why
& ICE PLANT ALONG the weeds and ice plant had not
PALOS VERDES DRIVE EAST been removed from the sidewalk
(1701) along a portion of Palos Verdes
Drive East. The Director of
Public Works responded that the County had this on their list of
projects, but that their personnel had been reduced and therefore
they had not been able to clear the area.
Councilman Buerk moved to ask staff to follow up on this and have the
weeds and ice plant on the sidewalk along Palos Verdes Drive removed
within two weeks. The motion was seconded by Mayor Ryan.
There being no objection, MAYOR RYAN SO ORDERED.
Council 725 November 1, 1977
BUSHES ALONG Councilman Buerk reported that
PALOS VERDES DRIVE EAST big bushes on private property along
Palos Verdes Drive East were grow-
ing over the sidewalk and blocking the visibility of motorists. He
requested to know who was responsible for trimming such bushes.
Public Works Director Pikus responded that it has been the policy of
the City to notify the property owner to trim such bushes.
Councilman Buerk moved to ask staff to take action to enforce the
trimming of these bushes along Palos Verdes Drive East within the next
two weeks. The motion was seconded by Councilman Dyda. It was noted
that this condition existed near the Miraleste Library going north.
There being no objection, MAYOR RYAN SO ORDERED.
PALOS VERDES ESTATES & Director Pikus reported that this
RANCHO PALOS VERDES BOUNDARY LINE job was put out to bid and that
UNDERGROUNDING DISTRICT the bids received were considerably
(901) higher than originally anticipated.
He recommended referring this
matter to the subcommittee for discussion of the options available.
REPORT ON LANDSCAPING OF Director Hightower reported that
TOP RAIL LANE GRADING PROJECT some progress had been made in the
(1805) landscaping of this project.
Additional irrigation and landscaping had been installed and she
recommended an additional 30 days for full compliance with Council ' s
directive.
Council discussion then followed on what was sufficient landscaping,
and it was the general consensus that Mr. English should be informed
as to what specifically was required.
Councilman Dyda moved, seconded by Council Ruth, to explicitly define
in writing what the remaining deficiencies were in the landscaping and
irrigation, and that such deficiencies were to be cleared up in 30 days.
There being no objection, MAYOR RYAN SO ORDERED.
RECESS TO EXECUTIVE SESSION At 11: 50 P.M. Councilman Dyda moved,
seconded by Councilman Ruth, to
adjourn to executive session for discussion of legal matters. Council
reconvened at 11: 55 P.M. with the same members present.
REPORT ON Council determined that the City
APPRAISAL OF NIKE SITE would not make available to the
(1109) GSA the City' s appraisal of the
Nike Site.
ADJOURNMENT On motion of Councilman Dyda,
seconded by Councilman Buerk,
Council adjourned to November 10th for a work session on the Coastal
Specific Plan.
! i
do
Al
LEONARD G. WOOD, CITY CLERK
AND EX OFFICIO CLERK OF THE COUNCIL
0 a
A0641110!40
D: UTY 0TY CLERK
Council 726 November 1, 1977