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CC MINS 19930706M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 61 1993 The meeting of the Rancho Palos Verdes City Council was called to order at 6:00 P.M. by Mayor Brooks at Hesse Park Community Center, 29301 Hawthorne Boulevard and was immediately recessed to a closed session. The regular meeting of the City Council was called to order at 7:00 P.M. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: KUYKENDALL, McTAGGART, BACHARACH, & MAYOR BROOKS ABSENT: NONE Also present were City Manager Paul Bussey, Assistant City Manager Pamela Antil, City Attorney Carol Lynch, City Clerk Jo Purcell, Planning Director Bret Bernard, Public Works Director Trent Pulliam, and, Finance Director Brent Mattingly. CEREMONIAL EVENTS (304) Mayor Brooks presented a Certificate of Recognition to Citizen of the Month Linvill Hendrich in recognition of his services to the community: member of the board of trustees and past treasurer of Peninsula Education Foundation; member of PVP Unified School District Twenty -Fist Century High School Task Force, and member and past president of Peninsula Rim Homeowners Association Board of Director to name just a few. The Mayor then presented a plaque to former Councilman Robert Ryan in recognition of and appreciation for his tenure of twenty years on the City Council from September 1973 through March 1993. CLOSED SESSION City Attorney Lynch reported that the City Council had met in closed session and discussed potential litigation regarding the golf tax based on threats of litigation received from American Golf and L.A. County. APPROVAL OF AGENDA The matter concerning PV Transit funding was moved to follow the Consent Calendar; Taxation of Golf Courses was combined with Budget Recommendations; and, the matter of the MTA Crenshaw Route was moved to earlier in the agenda. Councilman McTaggart moved, seconded by Councilwoman Bacharach to approved the agenda as amended. Motion carried. APPROVAL OF CONSENT CALENDAR Lois Larue, 3136 Barkentine, spoke to the following subjects on the consent calendar: CEQA Guidelines - questioned why the City Attorney got involved in these guidelines; Armaga Springs Overlay Project - if there was a conflict of interest in this matter inasmuch as the City Attorney's firm at one time represented the developer of this tract; Emergency Generator - questioned why the Edison Company should not pay for half the cost of the generator; and, Public Works Contract Maintenance - if this matter should be put out for another bid since the low bidder is involved with the second lowest bidder. CITY COUNCIL AGENDA JULY 6, 1993 PAGE 1 City Attorney Lynch responded that her law firm had a number, of years ago represented Mr. Ron Florance in an unrelated matter. With regard to the Public Works Maintenance Contract, staff reported that the Abbott bid was $40,000 less than the next highest bidder. After removal of the matter regarding the PV Transit Funding, the Consent Calendar was approved as follows on motion of Councilman Kuykendall, seconded by Councilman McTaggart. WAIVER OF FULL READING ADOPTED A MOTION TO WAIVE FULL READING. MINUTES APPROVED THE MINUTES OF MAY 4, JUNE 3, JUNE 8, JUNE 12, AND JUNE 15, 1993. RESOL. NO. 93 -56 - CEQA GUIDELINE AMENDMENTS (1203) ADOPTED RESOL. NO. 93 -56 REPEALING RESOLUTION N0. 90 -63 AND ADOPTING PROCEDURES IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND THE GUIDELINES OF THE SECRETARY FOR THE RESOURCES AGENCY. RESOL, NOS, 93 -57 AND 58 SALARY RESOLUTIONS - FINANCE DEPARTMENT (602 X 1202) (1) ADOPTED RESOL. NO. 93 -57 AMENDING RESOLUTION NO. 92 -95 ADOPTING CERTAIN SALARY RANGES FOR FULL -TIME AND PART -TIME EMPLOYEES. (2) ADOPTED RESOL. NO. 93 -58 AMENDING RESOLUTION NO. 93 -441 THE BUDGET APPROPRIATION FOR FISCAL YEAR 1993 -94, FOR A NEWLY CREATED POSITION OF ACCOUNTING TECHNICIAN. CITY VEHICLE - DISPOSAL OF THROUGH AUCTION (302) AUTHORIZED THE DISPOSAL 1984 CHEVROLET STAKEBED TRUCK THROUGH AUCTION. RESOL, NO. 93 -59 - SEA RAVEN DRIVE STREET VACATION (1408) ADOPTED RESOL. NO. 93 -59 AMENDING THE LEGAL DESCRIPTION ATTACHED AS ATTACHMENT "B" TO RESOLUTION NO. 92 -42 WHICH ORDERED THE VACATION OF SEA RAVEN DRIVE FROM HEROIC TO THE CUL DE SAC. FISCAL YEAR 1992 -93 PAVEMENT OVERLAY PROGRAM - ARMAGA SPRINGS ROAD (1404) AUTHORIZED THE DIRECTOR OF PUBLIC WORKS TO PROCEED WITH IMPROVEMENTS TO ARMAGA SPRINGS ROAD WITHOUT THE DEVELOPER CONTRIBUTION BUT TO PURSUE THE CITY'S LEGAL REMEDIES WITH THE DEVELOPER OF THE WALLACE RANCH PROJECT FOR PAYMENT OF THOSE IMPROVEMENTS. DISASTER PREPAREDNESS - EMERGENCY GENERATOR (401) (1) AWARDED THE CONTRACT FOR THE REPLACEMENT OF THE CITY HALL EMERGENCY GENERATOR TO DUTHIE POWER SERVICES. (2) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH DUTHIE POWER FOR A SUM OF NOT TO EXCEED $16,941 FOR THE REPLACEMENT OF THE EMERGENCY GENERATOR. (3) AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT, IN A FORM APPROVED BY THE CITY ATTORNEY, WITH SOUTHERN CALIFORNIA EDISON FOR THEIR JOINT USE OF, AND COST SHARING IN THE REPLACEMENT GENERATOR. PUBLIC WORKS CONTRACT MAINTENANCE CREW (1204 X 1405) (1) AWARDED THE PUBLIC WORKS MAINTENANCE CREW CONTRACT TO CHARLES ABBOTT & CITY COUNCIL AGENDA JULY 6, 1993 PAGE 2 ASSOCIATE (P. V. MAINTENANCE). (2) AUTHORIZED THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT WITH CHARLES ABBOTT & ASSOCIATES FOR AN AMOUNT NOT TO EXCEED $149,192 PLUS EXTRA WORK IN ACCORDANCE WITH THE SCHEDULE OF RATES INCLUDED IN THE BID SCHEDULE. RESOL. NO. 93 - 60 - CONTINUING APPROPRIATIONS - 1993 -94 BUDGET (602) ADOPTED RESOL. NO. 93 -60 AMENDING RESOLUTION NO, 93 -44, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1993 -94, FOR CERTAIN CONTINUING APPROPRIATIONS FROM FISCAL YEAR 1992 -93. RESOL. NO. 93 -61 - REGISTER OF DEMANDS ADOPTED RESOL. NO, 93 -610 The motion to approve the Consent Calendar carried on the following roll call vote: AYES: KUYKENDALL, McTAGGART, BACHARACH & MAYOR BROOKS NOES: NONE ABSTAIN: BACHARACH ON THE MINUTES OF MAY 41 JUNE 12 & JUNE 15. RECYCLE DRAWING Reporter Gary Amo from the Palos Verdes Peninsula News drew cards from the recycle drum. Mayor Brooks announced that Joseph and Mary Ann Mardesich were the recycle winners for the month of February and were now entitled to a year's free trash pick -up. RESOL. NO. 93 -62 - PENINSULA TRANSIT AUTHORITY FUNDING FOR FY 1993 -94 (1505) Councilman Kuykendall reported that within this past year the Transit Authority had gone from a publicly operated enterprise to one now operated by a private administrator, that the Authority is now testing a fixed route system, that the budget for the coming fiscal year is predicated on the status quo, that there has been an increase in the number of Dial -A -Ride users, and a decrease in the number of operators for the vans, but that administrative costs have decreased. Presently, the Authority is trying to market this service, particularly the fixed route service. He recommended that the Council approve this advance funding. Transit Administrator John Meyer, reported that the key was to maintain stability in the operation of the Authority and that he had three alternatives: to increase service by 25 %, hold the line and, if no additional funding could be found to reduce service by 25 %. With regard to ridership, he said that P.V. Shuttle ridership had not lived up to expectations, that they are devoting a small amount of their budget to promoting the shuttle, that ridership for the Shuttle service was approximately 16,000 and that P.V. Transit demand service had ridership of approximately 21,000. He said that they have substantially reduced administrative costs and that the $20,000 savings realized from that will be put into marketing. Council then suggested that perhaps this advance funding could be given in quarterly sums instead of a lumpsum so the City could continue to draw interest CITY COUNCIL AGENDA JULY 6, 1993 PAGE 3 on the funds but it was felt that this would place too much of a hardship on the Authority. Council requested that actual ridership statistics and the budget be given to them in the Friday report. Councilwoman Bacharach moved, seconded by Councilman Kuykendall to approve the staff recommendation: (1) ADOPT RESOL. NO. 93 -62 AMENDING RESOLUTION NO. 93 -44, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1993 -94, APPROPRIATING ADDITIONAL FUNDS FOR AN INCREASED LEVEL OF SUPPORT FOR THE PALOS VERDES PENINSULA TRANSIT AUTHORITY. (2) APPROVED ADVANCING ONE -HALF OF THE CITY'S ANNUAL FUNDING FOR PENINSULA TRANSIT TO PROVIDE THE AUTHORITY WITH NECESSARY CASH FLOW. The motion carried on the following roll call vote: AYES: KUYKENDALL, McTAGGART, BACHARACH, & MAYOR BROOKS NOES: NONE ABSTAIN: NONE MTA BUS ROUTE - POSSIBLE RELOCATION (306 x 1505) Mayor Brooks appointed Councilmembers Bacharach and McTaggart as a subcommittee to meet with a representative from the Rolling Hills Estates City Council to consider the possible re- routing of the current Crenshaw bus route. PUBLIC HEARINGS: GOLF TAX (1501) Assistant City Manager Antil presented the staff report of July 6, 1993 and the following recommendations: ( 1) Select ordinance option A or B as presented in the agenda packet; (2) Introduce an Ordinance establishing a golf course tax in the City. Additionally, Ms. Antil reported that the City Attorney had received a phone call from the attorney representing American Golf stating that the County of Los Angeles was not interested in meeting to discuss any kind of a mechanism whereby the City would get part of the revenues presently generated at the Los Verdes Golf Course. Lois Larue, 3136 Barkentine, expressed her opposition to this proposed tax. Mayor Brooks then stated that for the purposes of efficiency, discussion of this matter would be combined with the Budget Revenue Recommendations item under the City Manager portion of the agenda. Councilman Kuykendall moved, seconded by Councilman McTaggart to close the public hearing. That motion was followed by a discussion of the appropriateness of this closure since other revenue items needed to be discussed also. The motion carried on a three - one vote with Councilwoman Bacharach voting in opposition. City Manager Bussey then presented his memorandum of July 6, 1993 which recommended that the Council discuss future revenue alternatives and if any action was desired that staff should be directed to prepare appropriate documents. In summary, Mr. Bussey's memorandum referred to the several recommendations included in the 1993 -94 Budget Message which were aimed at curing the projected revenue shortfall in fiscal year 1994 -95. The primary recommendation was for the City Council to adopt a Utility Users Tax. In lieu of adopting such a tax, a series of other actions was outlined in that Message, including the extension of the existing Landscaping and Lighting Assessment District, and the adoption of a Golf Users Tax. CITY COUNCIL AGENDA JULY 61 1993 PAGE 4 Continuing with his report, Mr. Bussey stated that the need for this action was based on several factors: in Fiscal Year 1994 -95, about $800,000 will be lost due to the current sunset provision of the 1972 Act Landscaping and Lighting District. An additional $200,000 would also be required to pay for existing Retirement Fund obligations. Over the last several years a surplus existed in the City's State - administered Public Employees Retirement System ( PERS ) account and the City had not been required to make the normal contributions from the General Fund. However, that surplus will be exhausted during the 1993 -94 Fiscal Year. He stated that this is not a Reserve Account, but the City is required by law to use these funds or will be required to forfeit them. Mr. Bussey stated that the 1993 -94 revenue projections also assumed that the City would receive a $250,000 rebate on the City's General Liability deposit with the SCJPIA. Such a rebate, however, does not occur each year and there were no assurances that such a rebate could be anticipated in the 94 -95 fiscal year. He cited that these three factors alone would account for a $1,250,000 negative impact on the FY 1994 -95 revenues. If needed road improvements are to be sustained at current levels, an additional $2,000,000 would be required. Combined, these would make for a possible revenue shortfall in FY 94 -95 of over $3,000,000. Additionally, these figures did not take into account no increases in the "no /low" property tax growth nor an increase in inflation. Nevertheless, Mr. Bussey stated that without drastic cuts in service, the shortfall could be considerable. Referring to his memorandum of July 2, 1993 to the Council, Councilman Kuykendall gave a brief oral summary of that memo citing that the Council has been working hard to put the City's fiscal house in order, that costs are under control, unnecessary programs have been cut, the budget is balanced with a reasonable reserve and that priorities have been changed to emphasize public safety and road improvements. Also, internal financial controls have been established and the City now has excellent financial reporting. Unfortunately, due to the actions of the State, the City does not have control over its own financial destiny and just to maintain the current reduced service levels, the City has to increase its revenues. Even though the required revenue for the $3M shortfall explained by the City Manager can be raised by adopting a single tax, Councilman Kuykendall stated that it would be a mistake to approach the City's needs in that fashion and that the City's source of revenues should be diversified. He suggested that the projected revenue shortfall could be overcome by adopting or continuing revenues as follows: $800,000 from continuing the 1972 Act Assessments, $250,000 from adopting a Golf Users Tax, and $1,950,000 from adopting a Utility Users Tax. Such an approach would provide diversification and local control over the City's economic base. He suggested that consideration of these revenue sources be the subject of discussion at a Council meeting within the next 30 to 60 days. Council next discussed when the information gathered from the series of town hall meetings would be presented to Council and how that would mesh with the schedule for approval of a measure to put on the November 2 ballot, and if there was adequate time to get the public input on such a ballot measure. As a result of the public input at town hall meetings, it was the Council consensus that it was evident that there was public support for the City Council to approve some kind of revenue raising measure for the protection of the City's fiscal soundness and infrastructure. The discussion concluded with the general agreement that no measure would be put on the November 2 ballot. Councilman McTaggart moved, seconded by Mayor Brooks that discussion of these revenue raising issues be placed on the July 20 City Council agenda. Motion CITY COUNCIL AGENDA JULY 6, 1993 PAGE 5 carried. GENERAL PLAN AMENDMENT NO. 19 (NORTHWEST CORNER OF CREST & HAWTHORNE) (701) Clarifying the basis of this hearing, Mayor Brooks stated that this public hearing was to determine whether this application should be denied with or without prejudice and not to hear the merits or lack of merits of the project itself. City Clerk Purcell reported that notice of the hearing had been duly published and that a letter of protest had been submitted by Richard Somers, 30010 Cachan Place, and by John Sharkey, 30320 Avenida de Calma. The applicant for this project, Mr. Shafigh Zadeh, summarized the public hearing process he has gone through on this application. Responding to Mr. Somers' letter, Mr. Zadeh said that this was not a high density project, that he was aware of the zoning of the property when he bought it, that he would like to build a profitable project, that he realized that the City was not responsible for his economic wellbeing, and that the proposed project did make a lot of sense for the City. Representing the applicant was Mr. Phil Freedland, 3205 Manhattan Avenue, Hermosa Beach, who said that the Council hearing of this matter on May 18 was not an equitable conclusion, that he had hoped the Council would be able to deal with this issue and consider a Development Agreement, that he believed that they have the right project for the site and hence their request that the project be denied without prejudice. Speaking in opposition to this project were the following individuals: Lois Larue, 3136 Barkentine; John Sharkey, 30320 Avenida de Calma; Stephen and Maria Kowalski, 6542 Ocean Crest Drive; Bob Shaftel,, 6526 Oceancrest Drive, Treasurer of the Seagate Homeowners Association; Sharon Creighton, 5526 Oceancrest Drive; and, Dawn Henry 6525 Via Colinita, speaking on behalf of the Rancho Palos Verdes Council of Homeowners. The concerns and objections of these speakers focused on the following: that this project had gone through the public hearing process at the Planning Commission level and was denied by the Commission, that many people spoke in opposition to the project, that there was no benefit to the City from this project, that the developer was the only person to benefit from denial without prejudice, that the developer was aware of the fact that there was a four member Council for the May 18 hearing and now was seeking this kind of a denial so he could shorten the appeal period and apply immediately after the November election when there would be a five-member Council, that residents resented this matter being brought back for public hearing time and again, that of all the speakers giving testimony on this matter that only one was in favor of the project whereas all others were opposed to it. There being no response to the Mayor's call for public testimony, she declared the public hearing closed. Councilwoman Bacharach moved, seconded by Councilman Kuykendall to deny the request without prejudice. Discussion of this issue then focused on the fact that this hearing was to deal only with the process that this application would go through and not on the merits of the project, that it would not be precedent - setting to deny this project without prejudice, that, the developer will have to work with the community to gain acceptance of the prod ect, and that the developer has already spent a good deal of money on this project just in the application process alone. The motion failed with Councilmembers Bacharach and Kuykendall voting in favor and Mayor Brooks and Councilman McTaggart voting against the motion. With this two - two vote, the motion died. CITY COUNCIL AGENDA JULY 6, 1993 PAGE 6 The City Attorney stated that because in essence there had been no Council action again in this matter, that the provisions of the Municipal Code would prevail and that the previous 2 -2 vote by the City Council on May 18, 1993 resulting in denial by reason of failure to take final action would be used as the benchmark against which the time for filing another application could be filed. RESOL. N09 93 -63 - CITYWIDE LANDSCAPING & LIGHTING DISTRICT (901) Mayor Brooks declared the public hearing open on this proposed levy and collection of assessments within the Citywide Landscaping & Lighting Maintenance District for Fiscal Year 1993 -94 and the Engineer' s Report prepared in connection therewith. The City Clerk reported that no written protests had been received by the City. Public Works Director Pulliam presented the staff memorandum of July 6 and the following recommendation: (1) CONDUCT THE PUBLIC HEARING ON THE PROPOSED LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 1993 -94 AND THE ENGINEER'S REPORT PREPARED IN CONNECTION THEREWITH. (2) ADOPT THE PROPOSED RESOLUTION CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 1993 -94 FISCAL YEAR IN CONNECTION WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE. Director Pulliam reminded Council that last year when the district was formed, two existing landscape maintenance districts, Landscape & Open Space Maintenance District Nos. 1 and 2 ( now referred to as Zones E and F) were incorporated into this district and that they were assessed artificially low because of cash reserve balances. With the exception of these zones, the proposed assessments for FY 93 -94 were lower than the assessments for FY 92 -930 Speaking in opposition to this assessment as it pertained to his area was Warren Sweetnam, 7 Top Rail Lane, and representing the Rockinghorse Road Homeowners Association. He questioned the Engineer's Report in that it did not identify the rural area of the City from the urban portion. In light of this difference in character, he questioned if these assessments were indeed based upon the proportional benefit received. He said that he felt the Engineer's Report this year was just as incorrect as the one presented last year. Also speaking in opposition was Lois Larue, 3136 Barkentine, who said that no landscaping had been done in her area. City Attorney Lynch stated that the Engineer's Report went through all of the parcels in the City to determine how each would benefit and those factors were set forth in the Engineer's Report. There being no response to the Mayor's call for additional public testimony, she declared the hearing closed. Councilman Kuykendall moved, seconded by Councilman McTaggart to ADOPT THE PROPOSED RESOLUTION CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 1993 -94 FISCAL YEAR IN CONNECTION WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE. Motion carried. NUISANCE ABATEMENT ASSESSMENT - 20 ROCKINGHORSE ROAD (1701) Mayor Brooks declared the public hearing open on this abatement of a public nuisance existing on the property located at 20 Rockinghorse Road. Said abatement was necessary to protect the public health, safety and welfare, and to confirm the Code Enforcement Officer's Itemized Account of Nuisance Abatement Costs, and; direct staff to submit the nuisance abatement costs to the Los Angeles County Auditor /Controller for inclusion on the 1993 -94 tax roll, as well CITY COUNCIL AGENDA JULY 61 1993 PAGE 7 as impose a lien on the said property with the Los Angeles County Recorder in the amount of $1,672.33. The City Clerk reported that notice of this hearing had been duly published and that no written protest had been received by the City. Rob Katherman, 18 Rockinghorse, said that this is the neighboring property to his home, and that indeed the property is a nuisance. There being no response to the Mayor's call for public testimony, she declared the hearing closed. Councilman Kuykendall moved, seconded by Councilman McTaggart to adopt RESOL. NO. 93 -64 CONFIRMING THE REPORT OF NUISANCE ABATEMENT COSTS FOR THE PROPERTY LOCATED AT 20 ROCKINGHORSE ROAD AND AUTHORIZING A LIEN FOR NUISANCE ABATEMENT COSTS ON THE PROPERTY. Motion carried. REFUSE SERVICE - ESTABLISHMENT OF AN ADMINISTRATIVE FEE FOR TEMPORARY DISCONTINUANCE OF SERVICE (1301) Mayor Brooks opened the public hearing on this establishment of a new administrative standby fee to effectuate temporary shut-off of refuse collection and disposal services. The City Clerk reported that no written protests had been received by the City. Finance Director Mattingly summarized the July 6 staff memorandum and the following recommendations: (1) Take public testimony regarding the proposed administrative fee; and (2) Adopt the proposed resolution. There being no response to the Mayor's call for public testimony, she declared the hearing closed. Councilman Kuykendall moved, seconded by Councilman McTaggart to adopt RESOL. NO, 93 -65 ESTABLISHING A NEW ADMINISTRATIVE STANDBY FEE TO EFFECTUATE SHUT -OFF OF REFUSE COLLECTION AND DISPOSAL SERVICES. Motion carried. A brief Council discussion of this matter focused on. whether this was an other example of the City doing something that should be the responsibility of the trash haulers. The suggestion was made that this matter be brought up at the time this contract is renegotiated. REGULAR BUSINESS: DELINQUENT REFUSE ACCOUNTS (1301) Finance Director Mattingly presented the staff report of July 6 and the following recommendations: (1) ADOPT THE PROPOSED ORDERING THE PLACEMENT OF LIENS ON REAL PROPERTY AND THE PLACEMENT OF CHARGES ON THE PROPERTY TAX BILL FOR COLLECTION AND SETTLEMENT OF DELINQUENT REFUSE ACCOUNTS; AND, (2) DIRECT STAFF TO SUBMIT DELINQUENT ACCOUNTS THAT HAD NOT BEEN PAID BY JUNE 30, 1993 TO THE L. A. COUNTY AUDITOR/ CONTROLLER FOR INCLUSION ON THE 1993-94 TAX ROLL, AS WELL AS IMPOSE LIENS ON SAID PROPERTIES WITH THE L. A. COUNTY RECORDER. Lois Larue, 3136 Barkentine, suggested that individual letters be written to the people who are on this delinquent list to insure that they are aware they have to pay for trash pick -up. Staff responded that letters had been sent to each of these residents informing them about the amount owned, the fact that there would be a public hearing on this date,and that if the amount due was not paid by the time of the public hearing that a lien would be placed on their property. Councilwoman Bacharach moved, seconded by Councilman Kuykendall to adopt RESOL. CITY COUNCIL AGENDA JULY 6, 1993 PAGE 8 NO. 93-66 ORDERING THE PLACEMENT OF LIENS ON REAL PROPERTY AND THE PLACEMENT OF CHARGES ON THE PROPERTY TAX BILL FOR COLLECTION AND SETTLEMENT OF DELINQUENT REFUSE ACCOUNTS; and, ( 2 ) DIRECT STAFF TO SUBMIT DELINQUENT ACCOUNTS THAT HAD NOT BEEN PAID BY JUNE 30, 1993 TO THE L. A. COUNTY AUDITOR /CONTROLLER FOR INCLUSION ON THE 1993 -94 TAX ROLL, AS WELL AS IMPOSE LIENS ON SAID PROPERTIES WITH THE L. A. COUNTY RECORDER. TRACT NO. 40640 - LUNADA POINT - PERMIT PARKING (1411 x 1502) Public Works Director Pulliam presented the staff memorandum of July 6, 1993 and the following recommendations: (1) APPROVE THE RECOMMENDATION OF THE TRAFFIC COMMITTEE FOR PERMIT PARKING FOR STREETS WITHIN THE LUNADA POINT DEVELOPMENT. (2) DIRECT STAFF TO PREPARE A RESOLUTION CONTAINING THE APPROPRIATE CONDITIONS AND RETURN IT ON THE FIRST APPROPRIATE COUNCIL AGENDA CONSENT CALENDAR. Speaking in opposition to implementation of a permit procedure was John Sharkey, 30320 Avenida deCalma, who summarized his letter of July 6, 1993 which among other things, cited the Coastal Commission's decision not to grant closure of the gate at the terminus of Marguerite Drive, that the entrance gate is obscured by shrubs thereby preventing coastal access. (Mr. Sharkey' s letter is on file with the City Clerk's Office.) Pat Collins, 63 Marguerite Drive, president of the Lunada Point Homeowners Association, cited the acts of vandalism and trespassing on private property that take place in this area necessitating numerous calls and complaints to the Sheriff's Department. She said that the Homeowners Association was unanimously in favor of this permit procedure. George Liu, 95 Marguerite Drive, also cited acts of vandalism and trespassing on his property during the month that he has lived at that location. Lois Larue, 3136 Barkentine, said that under the Coastal Specific Plan public access to this area is required. Councilman McTaggart moved, seconded by Councilman Kuykendall to (1) APPROVE THE RECOMMENDATION OF THE TRAFFIC COMMITTEE FOR PERMIT PARKING FOR STREETS WITHIN THE LUNADA POINT DEVELOPMENT. (2) DIRECT STAFF TO PREPARE A RESOLUTION CONTAINING THE APPROPRIATE CONDITIONS AND RETURN IT ON THE FIRST APPROPRIATE COUNCIL AGENDA CONSENT CALENDAR. Discussion of the motion focused on the following: whether there was any justification that could be found for people other than invited guests being in this neighborhood between dusk and dawn; if the number of calls about vandalism and trespassing to the Sheriff's Department could be verified, and, if the Homeowners Association was considering the formation of a Neighborhood Watch Program. The suggestion was made that staff should investigate some of the issues raised in Mr. Sharkey's letter. Ms. Collins reported that she would send a report to City Hall about their complaints and calls to the Sheriff. Also, she said that the Association is in the process of forming a Neighborhood Watch Program. The motion carried. AGENDA FORMAT - PLACEMENT OF AUDIENCE COMMENTS (307) City Clerk Purcell presented the staff memorandum of July 6, 1993 and the recommendation that if Council wished to reorganize the agenda format that staff should be instructed to make the desired change. Council briefly discussed if this was the appropriate time to change the location of Audience Comments or if the change should be delayed until after the November 2 election. CITY COUNCIL AGENDA JULY 6, 1993 PAGE 9 Roy Fulwider, 28219 Hazelridge Drive, spoke in support of placing it after the first recess. Councilman McTaggart moved, seconded by Councilwoman Bacharach to move the Audience Comments portion of the agenda to after the first break, placing it at about 8:40 P.M. during the meeting. Motion carried. GOALS AND OBJECTIVES WORK SESSION (306) Assistant City Manager Antil presented the July 6 staff report and the recommendation to establish dates for the City Council work session regarding goals and objectives. It was the consensus to meet on July 24 from 9:00 to 4:00 P. M. and on Sunday July 25 from 12:00 noon until 4:00 P.M. CITY COUNCIL REPORTS: Verbal Council Reports: Mayor Brooks reported on her attendance at the Miraleste Homeowners Association where she spoke to approximately 20 people regarding the financial state of the City. She said that the meeting was similar to the town hall meetings and and that there was a lot of support for the City Council to take action on some revenue raising measure. Councilman McTaggart reported on the CMANC board meeting he attended in Sacramento; that he met with and thanked Assemblywoman Betty Karnette for her help with the no and low tax issue; and, that he had met with the Chairman of the State Coastal Commission. CITY MANAGER REPORTS: STATUS OF DIRECTIVES: Fema Update - Council requested that the status of this item be corrected to indicate when a response could be expected. Council requested that they be given an update on vandalism in the Friday report. AUDIENCE COMMENTS: Responding to the Mayor's call for audience comments for items not on the agenda was Roy Fulwider, 28219 Hazelridge, who stated his support for a utility tax. Also, he inquired when his sidewalk would be repaired now that he had paid for the work to be done. Staff responded that this contract has been suspended because of a dispute. Staff reported that they will contact Mr. Fulwider about this matter. ADJOURNMENT: At 10:10 P.M. the meeting adjourned to Monday, July 19 at 7:00 P.M. for a joint work session with the Recreation & Parks Committee, said meeting to be held at Hesse Park. Motion made by Councilman Ku 11. MAY ATTE : a:JULY 3 CITY CLERK a CITY COUNCIL AGENDA JULY 6, 1993 PAGE 10