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CC MINS 19890516M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MAY 16', 1989 The regular business meeting was called to order at 7:30 P.M. by Mayor Bacharach at Hesse Park Community center, 29301 Hawthorne Boulevard. After the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: McTAGGART, HINCHLIFFE, RYAN, HUGHES AND MAYOR BACHARACH ABSENT: NONE Also present were city Manager Dennis McDuffie, City Attorney Ariil Colonne, Director of Environmental Services Robert Benard, Public Works Director George Wentz, Finance Director Kevin Smith, and City Clerk Jo Purcell, CEREMONIAL MATTER (304) Mayor Bacharach presented a ceremonial proclamation to Laurie Shields of the Association of Retarded Citizens - Southwest in recognition of that organization's outstanding contributions to fully serve people with developmental disabilities and their families. WAIVER OF FULL READINGS Councilman Hinchliffe moved, ORDINANCES AND RESOLUTIONS seconded by Councilman Hughes and carried to waive reading in full of all ordinances and resolutions adopted at this meeting with consent to the waiver of reading deemed to be given by all councilmembers after reading of the title of such ordinances or resolutions. APPROVAL OF AGENDA Added to the agenda was Timing of Closed Sessions (Mayor Bacharach) and Geology Report for 26602 Menominee Place (Hinchliffe). The agenda as amended was approved by Councilman Hughes, seconded by Councilman Hinchliffe and carried. CONSENT CALENDAR After removal of the Proposal f rom Barbara L . K . Dye f or writing a recycling Newsletter and Legislation, the Consent Calendar was approved as follows on motion of Councilman Hinchliffe, seconded by Councilman Hughes, MINUTES The minutes of April 17, 1989 budget work shop were approved as presented. RESOLUTION NO. 89 -44 Adopted RESOLUTION 89 -44 REGISTER OF DEMANDS ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. RESOLUTION NO. 89 -45 Adopted RESOLUTION NO. 89-45 NO STOPPING ZONE - ESTABLISHING A NO STOPPING ZONE CANTEBURY (1502) ON CRESTRIDGE ROAD EXTENDING FROM 15 FEET WEST OF CANTEBURY'S WEST DRIVE TO 25 FEET EAST OF THE CANTEBURY'S EAST DRIVE* P.V. TRANSIT /PENINSULA DIAL - Approved an application to the A -RIDE LACTC SUBREGIONAL Los Angeles County Transport- PARATRANSIT GRANT ation Commission for a sub - APPLICATION FOR FY 89 -90 regional paratransit Grant for (1505) FY 89 -900 RESOL. NO. 89 -46 Adopted RESOLUTION Nth. 89 -46 SITE PLAN REVIEW NO. 4734- UPHOLDING THE APPEAL OF SITE SATELLITE DISH (1801) PLAN REVIEW NO0.4734 THEREBY APPROVING THE EXISTING SATELLITE DISH AT 5414 SILVER.ARROW. RESOL. NO. 89 -47- ESTABLISHING Adopted RESOLUTION NO. 89 -47 A NO PARKING /LOADING ZONE ESTABLISHING NO PARKING/ SILVER SPUR SCHOOL (1502) LOADING ZONE FROM 7:30 A.M. TO 4:30 P.M. SCHOOL DAYS, ADJACENT TO SILVER SPUR SCHOOL, ON BASSWOOD FROM ITS INTERSECTION WITH IRONWOOD TO THE RED BUS STOP ZONE ON IRONWOOD FROM ITS INTERSECTION WITH BASSWOOD TO THE SCHOOL'S SECOND DRIVEWAY. The motion to approve the Consent Calendar carried on the following roll call vote AYES: McTAGGART, HINCHLIFFE, RYAN, HUGHES AND MAYOR BACHARACH NOES: NONE PUBLIC HEARINGS:. COMMUNITY DEVELOPMENT BLOCK The Mayor declared the hearing GRANT FUNDS. (601) open and the City Clerk report- ed Notice had been duly published with no written protests received by the City, The City Manager presented the staff report to approve the expenditure of 15th and 14th year Community Development Block Grant (CDBG) funds, $331,304 to be used on the "CDBG Portuguese Bend Landslide Mitigation Project." -2- MAY 16, 1989 There being no response to the Mayorls call for- public testimony she declared the" hearing closed, Councilman Hughes moved, seconded by Mayor Bacharach to adopt the staff recommendation. The motion carried. ORDINANCE 243U INTERIM ORDINANCE REGARDING: FENCES, AND HEDGES (1801) The Mayor declared the hearing WALLS opened and the City Clerk reported that Notice had been duly published. The City Manager presented the staff recommendation to review the draft amendment, consider public testimony, provide staff with direction, and continue the public hearing,to June 6, 19890 Council inquired why the proposed regulation dealt only,with rear yard walls and not side yard walls'* whether a moratorium should be placed on construction of solid wall structures and then the issue of both side yard and rear yard walls could be considered under one code amendment. A brief discussion ensued on the effects of side yard fences - on'views - particularly in certain areas of the City. Council expressed concern about ho'w-this proposal meshed with the 'view protection ordinance and if there wou'ld'be any conflict between this proposal and the ordinance. Further discussion included concerns about the control that the City would.have on the building"of fences" since no permits were required for. their construction and since they too obstruct views. Another area of concern was the issue of hedges and at what height a hedge -also'contributed to view blockage. The next issue to be dealt with was the amortization.of 'existing fences, walls and hedges that are in violation of the proposed regulation and who would be responsible sible2for paying I. jo to bring them into conformance -in'the case of d dispute between neighbors. Brad Veek, President of the El Prado Homeowners' Association, 30523 Santa Luna Drive,, told the'Council about his concern about side yard fences, walls and hedges and how in his neighborhood they present a real problem. He said that.the majority of views from the homes in his area are across side. yards. His association had a committee survey the'' neighborhood and they encouraged people-to trim hedges and trees to prevent view blockage. He cited the case of a resident in the area who has a 5 foot wood fence which should be reduced to 42 inches. He said that he has notified the- City about this matter, however the fence still remains at its 5 foot 'height o -Citing the fact that views had a . 16 . significant economic consequence on the value of property he requested that 'this issue be given top priority, He stated his support for the amortization concept, -3- MAY 16, 1989 Elaine Motz, 32413 Searaven Drive, referred to her letter of November 30, 1988 regarding the proposed amendment No. 29, She stated her support for the Planning Commission's decision to deal.only.with the.rear yard walls at this time. Expressing concern that additional walls would be built in her neighborhood, she requested that if the matter was going to be continued that the Council consider placing/a moratorium on the construction of walls. Gilbert Alberio, 2177.Rockinghorse Road, stated his agreement with the staff recommendation and expressed his concern about the protection of views said that the ordinance should also address side yard - fences e George Fink, 32353 Searaven Drive, described the lot on which his home is located and the effects of a wall should one be installed on the rear of his neighbor's property. He stated support for a moratorium .on the building of fences and walls until such time as-the Council addresses the issue permanently. Warren Sweetnam, President of the Rancho Palos Verdes Council of Homeowners,' Association,.requested that something more definitive than "at the discretion.of the Environmental. Services Director" in determining a significant impaired view. There being no response to the Mayor's call for additional public testimony, she declared.the hearing closed. Resuming discussion of this issue the Council considered whether to adopt the proposed recommendation or.consider a moratorium on the building of side yard walls -and fences and then later deal with th ' e issue of amortization. They then discussed the means whereby,a.moratorium could be established on the construction of fences and walls considering the fact that no permits were required for such construction. Additional concerns expressed included the safety aspect of block walls that were being built in lieu of wood fences and whether they should really. be included in the building code so they m ' privacy, et adequate construction standards. Citing the issue of concern was expressed whether this.should also be dealt with in this regulation., Finally, it was concluded that the focus of this recommendation should be narrowed to deal specifically with the development.in the Searaven area and that an interim ordinance could be adopted to prohibit any more construction of walls in that area. Councilman McTaggart moved, seconded by Councilman Ryan that because of an emergency situation existed that the matter of an interim urgency ordinance dealing with the construction of fences and walls be placed on the agenda. The motion carried on the following roll-call vote: - 4- MAY 16, 1989 AYES: McTAGGARTiHUGHES, HINCHLIFFEy RYAN AND MAYOR" BACHARACH NOES: NONE The City Attorney opined that an interim ordinance (Ordinance No., 243U) PROHIBITING (CONSTRUCTION OF HEDGESr FENCES OR WALLS IN CONFLICT WITH PROPOSED DEVELOPMENT CODE AMENDMENT-NO* 29 could be adopted on urgency basis by the Council. Councilman Hinchliffe so moved, seconded by Councilman Hughes. The motion carried on'the following roll call v6tei AYES: McTAGGARTy HUGHES, HINCHLIFFEr RYAN AND MAYOR'BACHARACH Council requested that staff prepare an itinerary for locations for them to visit to view situations of view blockage - by side yard and rear yard walls. It was the consensus that staff should consider 'for inclusion in a code amendment'. provisions dealing with amortization, privacy, who would pay for the removal or modification of fences blocking view, and also to consider the issue of side yard fences. Councilman Hinchliffe moved, to close the public hearing. RECESS AND RECONVENE: At P-O*M,, the meeting recessed. At 9**30 P.M. the meet'ing reconvened . seconded by Councilman McTaggart The motion carried. PALOS VERDES LAND Representing the Palos Verdes CONSERVANCY (305) Peninsula Land Conservancy was Benjamin Hitz,'a member of the Board, ,who,presented the Council,with a packet of information describing! the goals. of the Conservancy toward the preservation of open space on the- Peninsula -., He told the-, Council that similar presentations have been-made to other City Councils on the Peninsula. He requested that the Council consider adoption of a resolution similar to the one presented in their packet. Also representing the Conservancy was Ethel Allen, who expressed her concern about the preservation of the'beauty of.- the Peninsula. It was the consensus of-the Council that the'Conservancy proposed- resolution.be placed on: the .next agenda for action, RESOLUTION NO. 8.9-48 - The City-Manager presented the RIDGECREST SCHOOL (1502) staff memorandum of May 1 6th.' and the recommendation to adopt the proposed resolution establishing No Parking/Loadihg zone -5- MAY 16, 1989 on Northbay - between the two eastern entrances to Ridgecrest School. f Councilman McTaggart moved, seconded by Councilman Hughes to adopt RESOLUTION N0. 89 -48 ESTABLISHING NO PARKING /LOADING ZONES FROM 7:30 AM TO 4;30 PM SCHOOL DAYS, ON NORTHBAY BETWEEN THE TWO EASTERN ENTRANCES TO RIDGECREST SCHOOL The motion carried unanimously: CITY CLERK'S DUTIES FOR. The City Manager presented the GENERAL MUNICIPAL ELECTION staff memorandum of May 16th (602) and the recommendation that the City Contract for additional election related services with the County of Los Angeles for the November 7,..1989-municipal-election. Council discussion then clarified the fact that the provision regarding the recount of the ballots would apply to all members of the City Council and not just Councilman Ryan; the fact that it might be easier for candidates�to submit their statements to the City Rolling Hills Estates rather than have to go down to the County Recorder's Office in downtown Los Angeles. . Mayor Bacharach moved, seconded by Councilman Hughes and carried to formally request the City of Rolling Hills Estates to accept the candidates' statements for this City for the General Municipal Election , to -be held in November. CITY COUNCIL REPORTS: EXPENSE STATEMENTS(1102x1202) Referring to the number of vacation days used by various Councilmembers in promoting the City interests, and after clarification of some of the expenses listed in the staff report of March 29, 1989 covering the 1.987 National League of Cities Conference, Councilman Ryan suggested that an audit be performed to determine -if any mistakes had been made. on this report,, Discussion then ensued about the length of conferences and whether Council and employees should be reimbursed -for staying beyond the conference time. Mayor Bacharach moved, seconded by Councilman Hinchliffe that the City reimburse Council and employees only for the conference days and any time. beyond that would have-to be justified. Additional discussion then ensued about the economy of leaving early in the day versus late at night and the fact that it is frequently-less expensive .to- 1 eave early in -the day rather than dater. VACANCY ON TRAFFIC It was the consensus COMMITTEE (1502) that the City Clerk should --6- MAY 16y 1989 advertise to recruit, applicants ,for the vacancy on.the City's Traffic Committee.' It was agreed that a report will be brought backto—the Council on June 20th with the applications"received,o At.that'time the Council would set a date to interview the candidates. REPORT FROM THE TREE Council discussed the City COMMITTEE (1407) Attorney's memorandum of May 11th and in particular the method whereby the issue of the height restrictions would be presented on the November ballot* The sub-committee {Hughes & Ryan) reported that after a field trip they had determined that trees up to 1,000 feet. f.rom.the ..boundary would constitlube'a significant view impairment and that the primary viewing area would have to be determined by the staff. Steve Nemeth, 3162 Crownview, told the Council that he thought it would be difficult to have two initiatives on the ballot.. Warren Sweetnam, Presidentlof the Rancho Palos Verdes Council of Homeowners' Associati,ohr..to'ld.the Council .that ,the City.of Rolling Hills treats view impairment a* an-.abatement function. He said that.the position of the Homeowners' Council regarding their initiative had not changed. Council then discussed the disagreements that the Homeowners' Council has with the City's measure, in particular,.t.heir request for -a prohibition on anything over 24 feet. - Also, their disagreement with the Cityl.s position that the... complaining .party should pay for the 'removal of q,. view blocking tree. It was finally-concluded that the sub- committee would meet with members of the-Homeowners' Council to discuss the issue of the paying party±and the 24-foot height restrictionO RECESS. At 10*044 PM the Mayor declared a brief recess* .-At 10:50 PM the meeting reconvened.. GEOLOGY REPORT Councilman Hinchliffe said FROM 26602 MENOMINEE PLI* he put this on the agenda to give Councilman McTaggart, an opportunity try, ' explain :the motivation for the staff looking at-.th6 Geology'-work at 26606 Menominee Pl. Councilman McT4ggart reported on his findings at the location* 3. holes R. had been hand dug'an,d­tha't':hey had taken approximately 2 days to-dig, they were approximately mately 9 to 10 feet deep. He described the method and tools used and.also described the fill that was found which showed no sluffing. He said he felt it was instructive for staff to see what this operation looked like. =W7- MAY 16 r 1989 TIMING OF CLOSED SESSIONS The Mayor requested that the (307) City Attorney give some idea to the Councilmembers of how long he would need for closed sessions and'that Council be informed on the previous Friday. CITY MANAGER REPORTS: STATUS OF'COUNCIL DIRECTIVES Council requested that certain items be removed from this ' report and that 'an item regarding the status of work to be done at 10 0 Vander l ip be added. ITEMS REMOVED FROM THE CONSENT CALENDAR RECYCLING NEWSLETTER Because of the misinformation (1107) given out by the recycling hauler, Councilman McTaggart requested that . the City ' Council- give some direction on the contents of the'NEWSLETTER. It was the consensus that the NEWSLETTER should not be'overwhelming but should be made rather concise. A brief discussion then ensued on whether this paper should be prepared in -house and the prohibition of Proposition 73 on the Council's -involvement'in its preparation.. Councilman Hinchliffe moved, seconded by Councilman Ryan to approve the staff redoinmendation ' for Barbara Dye to write :and 'layout a. City Recycling Newsletter, after the first publication that staff should report back to Council on whether the others would be prepared in- house. The motion carried on the following roll call vote: AYES.. McTAGGART, HUGHES, HINCHLIFFE, RYAN AND MAYOR BACHARACH NOES** NONE LEGISLATION (306) Councilman McTaggart:.expressed his concern about City responsibility in deal'ing with hazardous waste and how this proposed legislation may result in the City having to assume that responsibility. It was the consensus that Council would approve this legislation with the amendment that the County be responsible for this, program. Councilman Hinchliffe moved, seconded by Councilman Hughes to support ABB88 (LaFollett) with - amendment and support ACA.23: -8- MAY 16, 1989 RECESS TO CLOSED SESSION At to discussion of personnel items. reconvened with no action taken. ATTEST* 11:15 the meeting recessed a closed session for At 12:30 A.M. the meeting MIN103 -9- MAY 16 r 1989