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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