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CC MINS 19980421MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL 21, 1998 The meeting was called to order at 7:25 PM by Mayor Ferraro at Fred Hesse Community Park, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance, roll call was answered as follows: PRESENT: Hollingsworth, Lyon, McTaggart, Mayor Ferraro ABSENT: Byrd Also present were City Manager Paul Bussey; Assistant City Manager Carolynn Petru; City Attorney Carol Lynch; Acting Director of Planning, Building & Code Enforcement Joel Rojas; Director of Public Works Les Evans; Director of Administrative Services /City Clerk Jo Purcell; Senior Engineer Dean Allison; Associate Planner Kit Fox; and Recording Secretary Jackie Drasco. Councilman McTaggart reported that Councilman Lee Byrd was absent from the meeting because he had recently undergone surgery. He added that Councilman Byrd was doing well and it was hoped that he would be at the next meeting. APPROVAL OF AGENDA The City Clerk reported that Conditional Use Permit No. 163 was inadvertently placed under Regular Business and should instead have been listed under the Public Hearings. Councilwoman Lyon moved, seconded by Councilman McTaggart, to approve the Agenda as corrected. The motion carried. APPROVAL OF CONSENT CALENDAR Mayor Ferraro requested that Item No. 4 (NPDES Memorandum of Understanding with the County of Los Angeles) be removed from the Consent Calendar to be discussed separately. Lois Larue, 3136 Barkentine Road, spoke to the Minutes of April 7, typographical errors in the NPDES Memo of Understanding, and the high cost of City Hall telephone bills. Councilman McTaggart moved, Mayor pro tem Hollingsworth seconded, to approve the Consent Calendar as follows: Motion to waive full reading of ordinances Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all councilmembers after the reading of the title. Minutes (301) Approved the minutes of April 7, 1998. Approval to Transfer Western Waste Industries's Non - Exclusive Commercial Refuse Collection and Disposal Service Agreement (1204 X 1301) Approved transferring Western Waste Industries' (WWI) non - exclusive commercial refuse collection and disposal services agreement to USA Waste of California, Inc. (USA Waste). Resol. No. 98 -27 - Budget Adjustment for Phase II of the City's Natural Community Conservation Planning (NCCP) Project (1203) ADOPTED RESOLUTION 98 -27 - THEREBY APPROVING A BUDGET ADJUSTMENT TO INCREASE THE DEPARTMENT OF PLANNING, BUILDING AND CODE ENFORCEMENT BUDGET BY $126,794 FOR COMPLETION OF PHASE II OF THE CITY'S NCCP. Ordinance No. 335 & Resol. Nos. 98 -28 & 29 - Job Sharing of Existing Full -Time Positions (11202 x 1101 ) 1. ADOPTED ORDINANCE NO. 335 OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 2.46 PERSONNEL SYSTEM) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO INCLUDE SHARED FULL -TIME POSITIONS. 2. ADOPTED RESOLUTION NO. 98 -28 - AMENDING RESOLUTION NO. 94 -56 TO ADOPT REVISIONS TO THE COMPETITIVE SERVICE EMPLOYEE PERSONNEL RULES TO PROVIDE THE ABILITY FOR JOB SHARING OF EXISTING FULL -TIME POSITIONS. 3. ADOPTED RESOLUTION NO. 98 -29 - ESTABLISHING CITY CONTRIBUTION RATES FOR EMPLOYEE BENEFIT PREMIUMS FOR ACTIVE SHARED - POSITION EMPLOYEES. (This Ordinance was introduced at the April 7, 1998 meeting) Resol. No. 98 -30 - Amendments to Section 457 Employee Deferred Compensation Retirement Plan (602 X 1202) ADOPTED RESOLUTION NO. 98 -30 - TO AMEND AND RESTATE THE CITY'S SECTION 457 EMPLOYEE DEFERRED COMPENSATION RETIREMENT PLAN (THE "457 PLAN ") AND TRANSFER THE ASSETS TO A TRUST AS REQUIRED BY FEDERAL LEGISLATION. City Council Minutes April 21, 1998 Page 2 Resol. No. 98 -31 - Register of Demands (602) ADOPTED RESOL. NO. 98 -31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: Hollingsworth, Lyon, McTaggart NOES: None ABSTAIN: Mayor Ferraro on the April 7 minutes. ABSENT: Byrd MOU with L. A. County - reimbursement related NPDES (1204 X 1402) Director Evans presented the staff report of April 21, 1998, explaining that because of the relatively small amount of cost (about $1100) and the deadline of May 11, 1998, the MOU has been submitted to the City Council for approval without some of the attachments. The City Attorney had some changes in the language but would recommend that the Council approve the MOU. The Council agreed that the City Attorney would make those changes. Councilwoman Lyon moved, Councilman McTaggart seconded, to authorize the City Manager to sign a Memorandum of Understanding (MOU) with the County of Los Angeles for reimbursement related to the required National Pollutant Discharge Elimination System (NPDES) permit educational site visits and to request that the City Attorney review the document when complete. The motion carried on the following roll call vote: AYES: Hollingsworth, Lyon, McTaggart, and Mayor Ferraro NOES: None ABSENT: Byrd PUBLIC HEARING: Appeal CUP No. 68- Revision "D" (1203 X 1801) Mayor Ferraro opened the public hearing and City Clerk Purcell announced that notice had been duly published and correspondence received had been included with the agenda packet. Associate Planner Fox presented the staff report of April 21, 1998, explaining that this item originated in March 1997 as a grading permit. The project was revised several City Council Minutes April 21, 1998 Page 3 times so that the total grading quantity increased to 1,648 cubic yards and it was determined that a revision to the C.U.P. for the Lunada Pointe development was required to allow for a 1.1 -foot reduction of the required northerly side -yard setback and an increase in the 42 -inch permitted height of the side -yard retaining walls. Therefore, the project came before the Planning Commission on January 13, 1998. Staff initially recommended denial of the project because of the large amount of grading and export. The applicant asked to revise and resubmit the proposal and came back to the Commission with a proposal to decrease the grading and export by raising the pad and ridgeline by two feet. The Commission approved the revised proposal and the neighbor across the street at 10 Marguerite appealed this decision on the basis of view impairment. Mr. Fox stated that staff recommends that Council deny the appeal, but that the proposed resolution be brought back for adoption at the next meeting so that City Attorney may make some additional language changes. Upon inquiry of Council, staff clarified that even though the original C.U.P. in 1981 (which specifically addressed ridgelines) required approval by the Coastal Commission, such approval was not required at this time since the City had adopted its own local Coastal Program. Staff confirmed that no other neighbors had come forward to indicate that this project would impair their views. Raymond Newby, 2125 Trudie Drive, owner of 10 Marguerite Drive, stated that he would have been happier with the larger quantity of export which was originally proposed because the modification now impacts his view. He believed that the guidelines for restoring views were not being followed as there was no silhouette erected, no neighborhood consultation, and he was not consulted regarding the primary viewing area in his home which was selected. He read from a letter from Russ Barto, the Beal's architect, to the Planning Department which explained that in order to comply with the 16' height limitation, considerable design modifications would have been required, which would have created access problems for his client, who is confined to a wheelchair. (Mr. Newby's written statement is on file in the City Clerk's Office) Russ Barto, 3 Malaga Cove Plaza, architect for the applicant, explained that even though the lot was large, the area that was buildable was restricted because of geological and coastal setbacks as well as his client's need for wheelchair accessibility, and that the additional two feet in height has improved the structure's accessibility. Responding to Council's inquiry about walls on the property and their affect on view impairment, Mr. Barto explained that the 7' retaining wall would not extend 7' above the ground, but would be placed down into the slope, and that the other wall in question would be no higher than the current grade. Donna Beal, 7242 Avenida Altisima, stated that she and her husband had worked closely with their architect and the City to provide the house they needed which would comply with the City's codes. She explained that the basement would be used as an exercise facility for her husband and that the two feet additional height actually improved accessibility. City Council Minutes April 21, 1998 Page 4 John Beal, 7242 Avenida Altisima, reiterated that several alternatives were studied to provide the most accessibility while following City guidelines. He explained that he needed the exercise facility for his neurological problem and, that in providing this facility in his home, he would no longer be required to travel to Irvine three times per week. He said that it was his understanding that raising the ridgeline by two feet only caused only a minimal loss of view to his neighbor. Lorna Burrell, 31244 Palos Verdes Drive West, stated that she was the original developer of Lunada Pointe and that the property at 10 Marguerite would still have a magnificent view; that she did not believe that the two foot higher ridgeline of the new structure would create a significant view impairment. There being no further public testimony, Mayor Ferraro ordered the public hearing closed. In response to Council inquiry, staff explained that the appeal was based on a maximum ridgeline elevation of 228' and explained that a silhouette was not required for a C.U.P. revision. Although the Planning Commission could have required a silhouette, they did not in this case. Staff indicated that Council could request construction of a silhouette. City Manager Bussey noted that the new house at the original, previously approved height of 226' already blocked the whitewater view in the cove, so the Planning Commission decided that the additional 2' would not make any significant impact upon the view. Councilman McTaggart moved, Councilwoman Lyon seconded, to deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 68- Revision 'D' /Grading Permit No. 1931 for a new, single - family residence at 19 Marguerite Drive. The motion carried on the following roll call vote: AYES: Hollingsworth, Lyon, McTaggart, and Mayor Ferraro NOES: None ABSENT: Byrd Staff reported that the resolution for this matter would be presented on the next agenda. Grading Permit No. 1933 - Appeal of Planning Commission Approval(1203 X 1801) Mayor Ferraro announced that this was a continued public hearing. Lois Larue, 3136 Barkentine Road, disagreed that this was not a landslide area, explaining that she had videotaped a trench dug on this property which, according to her geologist son, proved that there was a landslide in this area. City Council Minutes April 21, 1998 Page 5 Councilman McTaggart moved, seconced by Mayor pro tem Hollingsworth, to continue this item to May 19, 1998. The motion carried Rsol. No. 98 -32 - C.U.P. No, 163, Revision "E" - Tract 50666/50667 -ocean Trails (1203 X 1411) Mayor Ferraro opened the public hearing and City Clerk Purcell announced that notice had been duly published and that correspondence received had been included in the agenda packet. Director Evans presented the staff report of April 21, 1998, indicating that grading for the project had been approved in January 1998 and a grading bond had been filed as part of a bond phasing program established to require additional bonds as the project progressed. He mentioned that the developer had now requested that the requirement for a bond for the building of the golf course and the clubhouse be deleted and a revision to the C.U.P. would be needed to grant this request. He stated that this was a logical request because the funds from the grading bond could be used to provide for drainage and reseeding of native plants should the project not be built. In response to Council inquiry, Director Evans explained that there were $6 million in grading bonds. City Attorney Lynch stated that if it the C.U.P. revision was approved, the agreement would clearly state that these funds would be available for restoration of the site if the golf course and clubhouse were not built. The developer of Ocean Trails, Ken Zuckerman, 3850 Paseo del Mar, stated that he was in agreement with the staff report; that the City was protected and that there was sufficient bonding to provide for the restoration. In response to Mayor pro tem Hollingsworth's comment that since the City had been responsive to the many changes and requests made by Mr. Zuckerman that it was hoped that he would abide by the agreement relative to the trail near the three homes on the west of the property and that it be kept away as far as possible from those homes. Mr. Zuckerman replied that he would comply with the letter of the conditions set by the Council. City Manager Bussey commented that it was relatively easy for Mr. Zuckerman to meet the letter of the conditions but he believed that the Council was hoping that more than the letter of the condition would be met. Mr. Zuckerman indicated that he understood There being no further public testimony, Mayor Ferraro closed the public hearing. Councilwoman Lyon moved, Councilman McTaggart seconded, to ADOPT RESOL. NO. 98 -32 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION "E" TO CONDITIONAL USE PERMIT 0. 163 FOR A PUBLIC City Council Minutes April 21, 1998 Page 6 GOLF COURSE DEVELOPMENT IN CONNECTION WITH THE OCEAN TRAILS PROJECT LOCATED IN COASTAL SUBREGIONS 7 AND 8; additionally, that the City Attorney should amend the agreement. City Attorney Lynch stated that she would work with staff and the developer on the details of this amendment and if there were any problems encountered, the matter would be brought to Council. The motion carried on the following roll call vote: AYES: Hollingsworth, Lyon, McTaggart, and Mayor Ferraro NOES: None ABSENT: Byrd Recess and Reconvene: Mayor Ferraro declared a recess at 8:25 P.M. The meeting reconvened at 8:37 P.M. REGULAR BUSINESS: Citywide traffic calming program (1204 X 1502) Senior Engineer Allison presented the staff report of April 21, 1998, and detailed the elements of this Traffic Calming program which establishes a procedure for investigating the concerns of residents and addresses them in a systematic manner. He explained the flow chart for handling these investigations which began with a complaint received from a neighborhood, followed by education of the neighborhood residents, enforcement of the speed limit, and engineering means of controlling traffic. Continuing with his report, Mr. Allison stated that when complaints are received, staff would attempt to correct the problem. If that action was not effective, a petition process requiring the signatures of 60% of the residents on the impacted block must be submitted before a traffic engineering study is performed to recommend a solution. Additionally, before an engineering plans are prepared for any recommended traffic calming measure, a petition signed by 60% of the property owners of the impacted area must be submitted. Council expressed concern in the event some corrective device had to be removed and it was clarified that too would require the 60% petition process; additionally, the costs for possible reversal of engineering techniques would be factored into the estimated costs. Marian Zimmerman, 26847 Basswood Avenue, reported that there had been a request for a speed hump on her street Over a year ago and that she was enthusiastic about the Traffic Calming Program. However, she disagreeed with the requirement for approval by residents and property owners on adjacent streets. She felt that when the speed humps were installed that traffic would shift to those adjacent streets and consequently City Council Minutes April 21, 1998 Page 7 those residents would not support a speed hump on her street. Walter Schaal, 26902 Basswood Avenue, described how speed humps had been effective in Pasadena, which had 50 streets with these devices. Kris Whipple, 26821 Basswood Avenue, expressed approval of the program except, as Ms. Zimmerman had explained, for the requirement of approval by residents /property owners on adjacent street. After Council discussion of how the "petition area" could be defined as "block" or "street" It was the consensus that the program should be started as a pilot program and reviewed at a later date. Councilwoman Lyon moved, Councilman McTaggart seconded, to (1) Move forward with this as a pilot program; ask Staff to define approval by residents on a street basis; and use language that is more appropriate citywide. (2) Ask Staff to bring Basswood project back to the Council. The motion passed. Abatement of drainage nuisance in the Landslide Moratorium area(1101 X 604) City Manager Bussey presented the staff report of April 21, 1998, stating that for several years geologists have told the City that it is universally accepted that the best way to abate a landslide is to remove water from the landslide or make sure it does enter. With that in mind, the Council Landslide /Geology Subcommittee asked staff provide a method requiring property owners to take measures to fill fissures or sumps to accomplish this. He stated the ordinance was not being introduced but merely presented for discussion. He suggested that when movement of more than 20 cubic feet of soil was required, the permit and fee be waived and reassured the Council that Staff or its consultants would closely monitor the work being done. He made reference to blue Fine streams and remarked that there should be exemptions for situations in which approvals would be required from other agencies. Because some of the work could be costly, Mr. Bussey suggested that the City or RDA might want to partially or completely fund the work and felt that an abatement case should come before the Council before any work was begun. Councilman McTaggart, a member of the Council subcommittee, added that the subcommittee believed it was time to take serious action to abate the landslide and noted that the first draft of the ordinance had raised the issue that, in some cases, the abatement process might cost more than the land is worth, and the ordinance was modified to take this into consideration. In response to Council inquiries, Staff clarified that even though these types of problems were probably not the fault of the property owner, the City could not go on private property to make repairs but this abatement process would allow it if the property owner chose not to cooperate. The process would usually be triggered by a problem the geologist spotted in the field. Even though there is nuisance abatement City Council Minutes April 21, 1998 Page 8 citywide now, this proposed ordinance focused on this specific problem in this specific part of the city. A blue line stream could not be deemed a nuisance. In response to a Council's reference to a property owner's letter stating that the definitions were not very specific, City Attorney Lynch replied that the definitions were general and could be modified; the important factor was whether water was ponding or entering the landslide plane. City Manager Bussey, when asked by the Council, acknowledged that there had been a fissure on private property recently filled with concrete, with the cost borne by the City, but made clear that the ordinance did not guarantee payment by the City. Ed Sutton, One Pomegranate Road, stated that the property owners were not responsible for the condition; that he been asking the City for several years to have a low area brought up to street grade but had been denied because of the amount of fill required; and, that some areas, in order to drain to the ocean, would require large quantities of fill. He questioned the situation in which water drained off one property onto to another and who would be liable at that time; expressed concern about the cost of abatement being more than the value of the land and the fact that, because the land is constantly moving, repair work needed to done more than once. Justin McJones, 3 Tangerine Road, believed that the proposed ordinance was aggressively worded and contained terms such as nuisance on private property, misdemeanor, and injurious to public health, were extreme; and, that the definitions were too vague. He remarked that the only public area which could be affected was Palos Verdes Drive South and that it could be handled separately. He stated that the landslide was natural and, even though it affected the individual property owners, property values had gone up and he did not feel that any action by the City or the RDA had contributed to this being considered a desirable place to live. He felt that the staff report was more reasonable and pro- citizen than the actual proposed ordinance. He noted that since it appeared that the City and property owners had worked together in the past to solve problems, it should be possible in the future. ( Mr. McJones' written statement is on file in the City Clerk's Office) Jeanne Smolley, 56 Limetree Lane, asked if the City geologist would be the only person determining a problem to be abated and if there was there a document available showing the problem areas. She questioned the vagueness of the definitions and how the City's strict grading and import regulations could co -exit with this proposed ordinance. She inquired if the geologist or code enforcement official would be allowed access to a property without permission. She stated that the Portuguese Bend residents have lived with the landslide for the last 40 years and that owners of vacant lots would not benefit from any landslide abatement unless the City allowed them to build on their property. She also discussed the possibility of nuisance abatement costs exceeding the value of the property; that the largest amounts of water entering the landslide came from land owned by Barry Hon and by the City, the areas of greatest movement. She closed by reassuring the Council that the residents would be happy to take care of problems on their property if the City would waive the grading fee and the City Council Minutes April 21, 1998 Page 9 restriction on importing fill. (Ms. Smolley's written statement is on file in the City Clerk's Office) Daphne Clarke, 10 Peppertree Drive, remarked that the ordinance was unnecessary because the residents in Portuguese had been responsible for the effort and the cost of making their homes adapt to the landslide and for maintaining their roads with the advice of Perry Ehlig. She added that remedial measures had sometimes been taken without the blessing of the City but that they would prefer to work together; that it would be helpful to have a map showing the problem areas and the residents would take care of the problems. She stated that none of the residents would o on vacant lots any Y more than the City would but that the residents might be more able to gain permission from the property owners. She closed by saying that the relationship between Portuguese Bend and the City had improved, especially since the attitude sometimes in the past had been that they should not be living there and that they would be denied permits to do even minor improvements. Madeleine McJones, 3 Tangerine Road, stated that it was a challenge to live in Portuguese Bend; that the challenge became greater when proposals such as this ordinance were made; that she does not feel her neighborhood is unsafe and does not understand why the City is constantly trying to stop the landslide; that the eolo ist has g g said that the water entering from the top of the landslide is the problem and she did not believe that the surface water in the lower residential areas was contributin g to the movement of the land. She protested the building of the golf course in the area, stating that the landslide was natural and the conclusion to be drawn is that there should be no building in the area but that the residents were living ith the landslide very well. g ry Robert Maxwell, 7 Pomegranate Road, believed the draft ordinance should not be approved for presentation at a later meeting because he felt it does not define scope, process, or cost. He further stated that the definitions were not useful because the are specific and said that the ordinance should be modified and returned for further discussion. Don Fraser, 26 Peppertree, reassured the Council that he and many other residents in Portuguese Bend did want the landslide to stop and that they wanted the City to do everything it could to make this happen. He felt that the proposed ordinance was unnecessary and that its intention seemed to be to make criminals of the residents. (Mr. Eraser's written statement is on file in the City Clerk's Office) Robert Halderman, 88 Narcissa Drive, said that he had been hopeful that the cooperative efforts between property owners and the City was improving until this ordinance was improved. He felt it was unnecessary and would destroy the cooperative atmosphere. He agreed that these repairs were very worthwhile but that they should be accomplished by voluntary, cooperative means instead. Richard Bara, 1 Peppertree Drive, said that he was frightened by the language and wondered why all property owners in the moratorium area had not been noticed about the meeting since this proposed ordinance would affect all of them. He asked if there' City Council Minutes April 21, 1998 Page 10 would be public hearings before the ordinance was passed or if it would be introduced at one meeting and then just passed into law. He questioned the attorney fees to put together an ordinance just to see if it was a possibility. Mr. Bara was assured that there would be public hearings. Kathy Snell, urged the Council to vote no on this proposed ordinance. She did not see why it was necessary to require property owners to repair problems contributing to the landslide since she believed that was what the ACLAD assessments were for. She was concerned about much of the language in the proposed ordinance, singling out comments made about blue line streams, exempting the canyons, and the comment that situations which would cause water to "otherwise enter the slide ", meaning other than from sumps or fissures. She felt this could mean restrictions on any use of water on someone's private property; that this ordinance would permit the City to abuse its power by potentially clouding the title to a and allowing a Code Enforcement Officer to enter private property without permission, adding that an appeal by a property owner would be costly. She concluded by saying that the waiving of fees for 20 cubic feet of grading would certainly benefit the developers of the golf course and she disagreed with Perry Ehlig who said that the golf course would help abate the landslide. Lois Larue, 3136 Barkentine Road, inquired why the City Council was considering a unnecessary nuisance abatement ordinance instead of concerning itself with the real problem which she saw as actions such as contour grading at the Portuguese Bend Club, recommended by Perry Ehlig, which could cause the collapse of Palos Verdes Drive South and remove the support of the landslide. Council discussion focused on the fact that it was not the intent to make residents feel like criminals; that the goal was to provide a tool to use as a last resort when voluntary cooperation was not possible in order to prevent water from entering the landslide. It was suggested that if a problem was noted on a certain property, the City could work directly with the property owner and even place the issue on an agenda for public discussion. Jeanne Smolley, 56 Limetree Lane, stated that she felt that if the Council worked with the community as a whole, the residents could use peer pressure to accomplish what needed to be done and repeated that it would be good to have a map showing the problem areas. City Manager Bussey explained that the subcommittee had not asked for criminal penalties but that any ordinance must have a means for enforcement or it is useless. He said that the subcommittee asked for a means to keep water from entering the landslide and that originally an outline explaining a method had been prepared. He assured the Council that there had not been large legal fees and that the City Attorney had merely taken the outline and put it into ordinance form. The consensus of the Council was to revise the approach to solving the problem of water entering the landslide. City Council Minutes April 21, 1998 Page 11 1998 Five Year Financial Model (602) City Manager Bussey presented the staff report of April 21, 1998, stating that there is a City Council policy requiring the annual update of the five year financial model. He said that only three funds, the Gas Tax Fund, the General Fund, and the Capital Improvement Program Fund, are analyzed because the others are not usually impacted. Continuing, he said that of particular concern legislation being considered to take vehicles license fees away from the cities; that if this revenue is not replaced, there will be a loss of about $1.7 million, or 17% of the general fund. For that reason, he advised Council to be cautious about lowering the utility users tax. He further explained that this model makes broad assumptions but does indicate that the City is in a stable financial position. He noted that income projections do not include any potential income from a golf course at Long Point but, for the first time (in the last 1 Y years of the five -year period), some income from the Ocean Trails golf course had been included. In response to Council inquiry, Mr. Bussey replied that there was a 10% reduction in the portion of the utility users tax that comes from electricity but it would be offset by higher telephone revenues. He further stated that there were two concerns: (1) whether the deregulations of electricity will impact franchise taxes, but that the legislature has taken care of this and, (2) whether we can trace down other utility providers, and it appears we have a method for this. Council discussion focused on legislature currently being proposed which would cause the loss of vehicle license tax, a portion of which goes to cities. It was suggested that the Mayor write letters to discourage these bills from passing. In response to a Council inquiry, City Manager Bussey stated that the proposed revenue replacement would be sales tax but that this was not constitutionally protected, as is the vehicle license tax, so it could not be counted on from one year to the next. Another concern from the Council was the depletion of funds in the Landscape and Lighting Fund. City Manager Bussey confirmed that this had been expected since Proposition 218 was passed. When the Council asked if action should be taken to remedy this situation, Mr. Bussey replied that no action need be taken for about 2' /z years and then there were three choices: (1) reduce the level of service, (2) subsidize the fund, or (3) raise the amount and request approval with a mailed ballot. Lois Larue, 3136 Barkentine Road, objected to the fact that the consumer price index is only 1.5 for this year and yet the City has projected a range of 2.5% to 3.5% for the years from 1998 to 2003. 1 City Manager Bussey replied that this came up at the recent budget policy workshop in reference to discussion concerning an increase to the City's salary range schedule, for City Council Minutes Apri 1 21, 1998 Page 12 which a 1.5% increase had been recommended. He clarified that the model is very conservative and even though there has been stability in the consumer price index recently, no one knows what the future will hold. The Council offered thanks to the Financial Advisory Committee and said that this report is a good tool to work with. CDBG Funding Allocation for Public Service Programs (1204 X 601) Director Evans presented the staff report of April 21, 1998, stating that as of this past January there were less CDBG funds (down from $65,000 to $38,000) for the City's social programs, specifically REACH. For the past three years the County has had a waiver allowing the City to use 25% of the CDBG funds for these social program. The waiver expires this year and the City will be allowed to use only 15% of the CDBG funds for these purposes. He referred to a letter which was received from the City of Claremont inviting all Los Angeles County cities to participate in a letter writing campaign. It was the concensus of Council to prepare such a letter for the Mayor's signature. Street sweeping contract (1204 X 1405) Director Evans presented the staff report of April 21, 1998, stating that for the third year, the R. F. Dickson Company had offered the City the same service at the same rate with the condition that a four year contract be signed. He encouraged the Council to take advantage of the opportunity and suggested that the City Attorney review the proposed contract. In response to Council inquiries, Mr. Evans replied that there had been very few complaints from residents relative to street sweeping and that the contract offered the advantage that either party could terminate the contract for any reason with 120 days notice. Councilman McTaggart moved, Mayor pro tem Hollingsworth seconded, to approve a four year contract, subject to review by the City Attorney, with the R. F. Dickson Company for Street Sweeping and authorize the Mayor and City Clerk to execute the Agreement. The motion carried on the following roll call vote: AYES: Hollingsworth, Lyon, McTaggart, and Mayor Ferraro NOES: None ABSENT: Byrd ORAL CITY COUNCIL REPORTS: It was announced that Councilman McTaggart had City Council Minutes April 21, 1998 Page 13 been elected to the Board of SAFER and also elected as Secretary of California Contract Cities Association. PUBLIC COMMENTS: Herb Clarkson, 6424 Seabryn Drive, a member of the local Radio Club and a Sheriff's Department Volunteer, encouraged the Council to work with local radio amateurs and to appreciate the function they would perform during a disaster rather than being concerned with antenna permits. City Manager Bussey replied that the Radio Club was being asked for input. City Attorney Lynch added that the ordinance is only in effect for 45 days and could be extended only after a public hearing and reiterated that input from the amateur radio operators was being sought. Lois Larue, 3136 Barkentine Road, mentioned a Palos Verdes Peninsula News Editorial which asked for citizens' viewpoints about development in the moratorium area. Kathy Snell, inquired about the Council's trip to Washington D.C. and spoke against the RDA loaning money to the Portuguese Bend Club for sewers, stating that these residences were not in the RDA area and did not generate any tax increments. City Manager Bussey clarified that these homes were all in the RDA area and did generate tax increments. ADJOURNMENT: At 11:10 PM, the meeting was adjourned to Saturday, April 25 at 9:00 A.M. for a Community Leaders' Breakfast at Marymount College. The motion was made by Mayor Ferraro. M OR ATTES CITY CLERK : M I N UTES\042198CC. MIN City Council Minutes April 21, 1998 Page 14