CC MINS 19930907M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
SEPTEMBER 7, 1993
The meeting was called to order at 7:05 P.M. by Mayor Brooks at
the Fred Hesse Community Park building, 29301 Hawthorne Boulevard, not -ice having
been given with affidavit thereto on file. Following the Pledge of Allegiance
to the flag, roll call was answered as follows:
PRESENT: KUYKENDALL, BACHARACH, McTAGGART AND
MAYOR BROOKS.
ABSENT: NONE.
Also present were City Manager Bussey, Assistant City Manager Antil, Director
of Environmental Services Bernard, City Attorney Lynch, Director of Finance
Mattingly and Director of Public Works Pulliam.
CEREMONIAL EVENTS (304)
Mayor Brooks presented a proclamation naming Mr. Ray Mathys
Citizen of the Month.
On behalf of the Student and the Law Foundation, Mr. Pat Theodora presented a
$4,000 check to the City for the Student and the Law Programs at Peninsula and
Rancho Del Mar High Schools.
Mayor Brooks presented a proclamation designating the month of October "Support
Your School" month.
CONTINUED OVER FROM MEETING OF AUGUST 31, 1993 -
ELECTION FOR ABALONE COVE LANDSLIDE ABATEMENT DISTRICT
BOARD MEMBERS - SEPTEMBER 7, 1993 (1801)
The acting City Clerk read aloud the votes cast by Council members which resulted
in a tie vote. As a result of the 2nd round of votes the following persons were
elected to ACLAD: Ms. Mary
Sheridan, Mr. Dave Ruth and Ms. Betty Turner.
APPROVAL OF AGENDA
The agenda was modified so that Fourth of July Independence Day Celebration and
Item 11 State 911 Emergency Telephone Number Fund were considered later in the
meeting.
MOTION: Council member Kuykendall moved, seconded by Council
member McTaggart, to approve the meeting agenda as modified. There being no
objection, it was so ordered by Mayor Brooks.
APPROVAL OF CONSENT CALENDAR
Fourth of July Independence Day Celebration and Emergency 911 Telephone Number
Fund were removed from the Consent Calendar and considered later in the meeting.
MOTION: Council member Bacharach moved, seconded by Council member Kuykendall,
to approve the modified Consent Calendar as follows:
ADOPTED a motion to waive full reading of all ordinances and resolutions adopted
at this meeting with consent to the waiver of
reading deemed to be given by all Council members after the reading of title.
MINUTES
APPROVED the City Council minutes of August 21, 1993.
GIFTS FOR PARKS - KIWANIS CLUB & LOS SERENOS DE POINT VICENTE (1201)
ACCEPTED the $1,000 Kiwanis Club donation designated for REACH and a Los Serenos
de Point Vicente donation of a Q &A Data Base and Word Processing program
designated for the Point Vicente Interpretive Center computer.
LEASE BETWEEN CITY AND MONTESSORI SCHOOL OF MANHATTAN BEACH, INC.
AT LADERA LINDA (1201)
APPROVED AND AUTHORIZED the Mayor to execute the lease agreement between the City
and Montessori School of Manhattan Beach, Inc.
SIDEWALK IMPROVEMENTS (KALBAN, INC.) - NOTICE OF COMPLETION
(1405 X 1204 )
ACCEPTED the improvements for the FY 1992 -2993 sidewalk improvements; DIRECTED
the City Clerk to file a Notice of Completion and notify the Surety Company to
exonerate the contract
bonds; and DIRECTED the Finance Director to release the retention 45 days after
the Notice of Completion has been recorded.
OVERLAY PROJECT (A . L . CHAVE Z ENTERPRISES, INC*) - NOTICE OF COMPLETION FY 1992-93
(1404 X 1204)
ACCEPTED the construction as complete; DIRECTED the City Clerk to file a Notice
of Completion and NOTIFY the Surety Company to exonerate the contract bonds; and
DIRECTED the Finance Director to release the retention 45 days after the Notice
of Completion has been recorded.
RESOLUTION NO, 93 -78 PROPOSITION C LOCAL RETURN PROGRAM - THREE YEAR PROJECT
DESCRIPTION SUBMITTAL (1204 X 1505)
ADOPTED Resolution No. 93-78 AUTHORIZING THE SUBMITTAL OF THE PROPOSITION C LOCAL
RETURN PROGRAM PROJECT DESCRIPTION FOR FISCAL YEAR 1993 -94 THROUGH FY 1995 -199640
RESOLUTION NO. 93 -79 - CONCEPTUAL TRAILS PLAN (701 X 1203)
ADOPTED Resolution No. 93 -79 THEREBY AMENDING THE RANCHO PALOS VERDES CONCEPTUAL
TRAILS PLAN.
LEGISLATIVE ACTIVITIES (306 X 1101)
JOINED the Los Angeles County Sanitation District in opposing AB 2373 (Greene)
and DIRECTED the Mayor to send a letter to the California Coastal Commission
supporting the City of Sand City's efforts in defending an "override" amendment
to their Local Coastal Plan (LCP).
REGISTER OF DEMANDS
ADOPTED Resolution No. 93 -80, approving the Register of Demands.
The motion to approve the Consent Calendar carried on the following roll call
vote:
CITY COUNCIL
SEPTEMBER 7, 1993
PAGE 2
AYES: KUYKENDALL, McTAGGART, BACHARACH AND MAYOR BROOKS
NOES: NONE
ABSENT:NONE
RECYCLING DRAWING
At this time, the winners of the recycling drawing for the months of June and
July were announced.
PUBLIC HEARINGS
REVENUE MEASURES - UTILITY USER TAX & GOLF COURSE TAX -
ORDINANCE NO. 292 - (1501 X 602 X 1101 X 1204) RESOL. NOS. 93 -81 - EXEMPTIONS
FROM THE UTILITY USER TAX - RESOL. NO. 93 -82 PUBLIC SAFETY ROAD IMPROVEMENT,
MAINTENANCE & CONSTRUCTION PROGRAMS (1501 X 602 X 1101 X 1204 X 1404)
Mayor Brooks declared the public hearing open. She advised that this continued
public hearing was properly noticed and read aloud a prepared statement on the
idea of imposing Utility User and Golf Course Taxes.
City Manager Bussey provided background information.
Beginning with fiscal year 1994, Director of Finance Mattingly reviewed the
City's annual funding requirements over the next several years. He pointed out
that funding requirements will change as financial assumptions change; noted that
the draft Utility User Tax includes a mandatory annual review clause; and
advised that the financial results for fiscal year 1992 -1993 will be better than
previously estimated.
Assistant City Manager Antil stated that staff will provide further
information regarding the 1972 Act Landscape & Lighting Assessment District at
a forthcoming City Council meeting. Ms. Antil briefed Council on the
specifics of the proposed Golf Tax. She discussed possible exemptions to the
proposed Utility User Tax and clarified that a related ordinance would become
operative 90 days after adoption.
With the aid of vu- graphs, City Manager Bussey gave a detailed review of the
Long -Range Finance Committee's recommendations to reduce City expenditures. Mr.
Bussey also reviewed actual General Fund expenditures for fiscal years 1988 -1989
through 1993 -1994. He called attention to reductions in non - public safety
expenditures during that period.
Mr. Al Edgerton, 59 Oceanaire Drive, encouraged action to support necessary
services in the City of Rancho Palos Verdes. He stated his strong opposition to
the use of City funds for the benefit of only a small portion of property owners.
Ms. Barbara Ferraro, 3530 Seaglen Drive, urged the Council to explore further
budget reductions prior to considering new taxes. She questioned why the
Long -Range Finance Committee was recessed and expressed her concern that this
item was placed on the agenda at a time when many property owners are on
vacation.
Mr. Paul Christensen, President of the Abalone Cove Homeowner Association, 6317
Tarragon Road, suggested that any additional taxes be justified by a fully
documented, specific line item in the budget. Mr. Christensen explained that he
did not receive notice that the Council would be considering this item.
Mr. Andy Lorenzen, 15 Diamonte Lane, voiced his support for new
CITY COUNCIL
SEPTEMBER 7, 1993
PAGE 3
taxes. He distributed and discussed a financial analysis regarding the
establishment of the new taxes in the City of Rancho ACPalos Verdes.
City Council and Staff thanked Mr. Lorenzen for his continued
input on this topic.
Ms. Lois Larue, 3136 Barkentine Road, voiced her appreciation of Director of
Finance Mattingly. She stated her feeling that expenditures could be reduced by
utilizing a new engineer in the Redevelopment Area and suggested that no new
taxes be imposed until that area is cleaned up.
Mr. Steven Peden, 2422 Colt Road, suggested Council encourage residents with
experience on the budget to work with City Staff to make financial models an
on -going part of the budget process. He recommended that City Staff salaries be
reduced and that the
public be given an opportunity to vote on new taxes.
At 8:35 P.M. there was a break until 8:45 P.M. when discussion of a Golf Tax, a
Utility User Tax and the idea of continuing the 1972 Landscaping & Lighting
Assessment District continued.
After the break, Council discussion began with regard to the idea of earmarking
tax revenues.
There was an extensive discussion regarding the Golf Tax percentage rate which
should be imposed. The majority of Council
supported 10% .
Council agreed to an annual review provision and a five -year
financial model. City Attorney Bussey related Staff's willingness to compose
wording for both.
Ordinance No. 291 was amended as follows:
3.40.040 Delete "The operator shall collect
the tax from the use of the golf course at
the time the golf fees are paid."
3.40.080 Add "...mailing of notice of a determin-
ation by the Tax Administrator of the
tax due."
3.40.100 Add "...stating under penalty of
perjury..."
3.40.140 Add This chapter shall be repealed if the
City Council does not conduct the review
required by this section or any other
policy established by the City Council.
MOTION: Council member Bacharach moved that the City Council
support a Golf Tax in the City of Rancho Palos Verdes. The motion was seconded
by Mayor Brooks and passed by unanimous voice vote.
MOTION: Council member Kuykendall moved to introduce Ordinance No. 291, adding
Chapter 3.40 to the Rancho Palos Verdes Municipal Code to establish a Golf Tax,
as amended. The motion was seconded by Council member McTaggart and passed by
majority voice vote with Council member Bacharach dissenting because of her
disagreement with the 10% rate.
CITY COUNCIL
SEPTEMBER 7, 1993
PAGE 4
Discussion of a Utility User Tax began with the topic of low emission vehicle
exemptions and the idea of noticing those having such exemptions when the
specified period
of time for the exemption is going to expire.
Council agreed to
an annual review provision and asked for a five -year financial
model. City Manager Bussey related Staff's willingness to compose the wording
for both .
Ordinance No. 292
was amended as follows:
3.30.030
Section C, Add Provided that the owner of
such a vehicle installs and maintains a
separate metering system for the vehicle.
3.30.040
Section A, Add "...of such charges made..."
3.30.050
Section Al Delete "...or co- generator..."
3.30.130
Section A. Add "...of this chapter. The
Tax Administrator may waive penalties and
interest when he or she determines that
such a waiver is in accordance with the
intent of this chapter."
3.30.180
Add This chapter shall be repealed if the
City Council does not conduct the review
required by this section or any other
policy established by the City Council."
At this time, Mayor Brooks elaborated on her support for placing the Golf Tax and
the Utility User
Tax on the June ballot. She offered the following motion.
MOTION: Mayor Brooks moved to place the Golf Tax and the Utility User Tax on the
June ballot. The
motion died for lack of a second.
MOTION: Council member Kuykendall moved to introduce Ordinance No. 292, amending
Chapter 3.30 of the Rancho Palos Verdes Municipal Code and imposing a Utility
User Tax on users of telephone, electric, gas and water services in the City, as
amended. The motion was seconded by Council member Bacharach and passed by a
majority voice vote with Mayor Brooks dissenting.
Council discussed the percentage rate at which a Utility User Tax should be
imposed. The were various opinions ranging from 3% to 4 %.
MOTION: Council member Bacharach moved for a 4% Utility User Tax. The motion
died for lack of a second.
Council agreed to continue the 1972 Landscaping & Lighting
Assessment District.
MOTION: Council member Kuykendall moved to continue the 1972 Landscaping &
Lighting Assessment District implemented in fiscal year 1992 -1993, with a
one -time Capital Improvement Program for street maintenance, and to impose a 3%
Utility User Tax. The
motion was seconded by Council member McTaggart and passed by a 3 -1 majority roll
call vote with Mayor Brooks dissenting.
City Attorney Lynch amended Resolution No. 93 -81 to include "This Resolution
shall become effective when Ordinance No. 292 becomes effective."
MOTION: Council member Bacharach moved for the adoption of Resolution No. 93 -81,
CITY COUNCIL
SEPTEMBER 7, 1993
PAGE 5
establishing classes of persons exempt from the Utility User Tax, as amended.
The motion was seconded by Council member Kuykendall and passed by unanimous roll
call vote.
City Attorney Lynch amended paragraph 6 of Resolution No. 93 -82 to delete the
word "additional" so that the paragraph would read "....public meetings, that
General Fund revenues..."
Because of changes to the percentage rate, City Manager Bussey asked that
Resolution No. 93 -82 be adopted as written with the
understanding that Staff will report back to the Commission with adjusted
figures.
MOTION: Council member Kuykendall moved for the adoption of Resolution No.
93 -82, memorializing the City Council's intent to allocate general fund revenues
to public safety and to road improvement, maintenance and construction programs,
as written. The motion was seconded by Council member McTaggart and passed by
unanimous roll call vote.
TRACT N09 31617 (SEACREST) AMENDMENT NO, 1 TO RELOCATE THE
BUILDING GRADING RESTRICTION (BGR) LINE TO ATTa CONSTRUCTION
OF A POOL AND SPA IN THE REAR YARD AT THE PROPERTY LOCATED AT
32015 SEA RIDGE CIRCLE (LOT 32) 9 (1411 X 1203) (CONTINUED FROM AUGUST 17, 1993)
Environmental Services Director Bernard provided the staff
report.
Applicant Ed Miller, 30215 Sea Ridge Circle, offered to answer questions.
Council discussed whether it would be appropriate to revise the original
standards adopted for the tract. City Attorney Lynch explained that, should the
options for the Tract Amendment be approved, the Conditions of Approval for the
tract would be amended but the BGR line would not change.
Council agreed with the options to the Tract Amendment as
included in Exhibit "A" to the staff report.
City Attorney Lynch confirmed that wording about drainage will be added to the
applicable resolution.
MOTION: Council member Bacharach moved for the adoption of the options to Tract
No, 31617 - Amendment No. 1, as included in Exhibit "A" to the staff report and
including language about drainage. The motion was seconded by Council member
McTaggart and it was so ordered without objection.
At 10:20 P.M. the meeting was recessed until 10:35 P.M.
REGULAR BUSINESS
NO RIGHT TURN EASTBOUND MONTEMALAGA DRIVE TO BASSWOOD
AVENUE 7:30 A.M. TO 9:00 A.M. SCHOOL DAYS
(1204 X 1502)
Public Works Director Pulliam presented the staff report.
Council members noted their attendance at pertinent meetings with area
homeowners.
City Attorney Lynch answered Council inquiries concerning Vehicle Code U -turn
regulations in the vicinity of schools.
CITY COUNCIL
SEPTEMBER 7, 1993
PAGE 6
Mr. Bruce Franklin, 15 Oceanaire Drive, explained Traffic Committee and Police
Department opposition to the request. He asked that no action be taken until
traffic safety issues in the area are resolved.
The following residents voiced their support of the request:
Mr.
James Cummings
26841
Basswood
Avenue
Ms.
Marcia Spanier
26706
Basswood
Avenue
Ms.
Eleanor Curry
26732
Basswood
Avenue
Mr.
William Dreyfus
26964
Basswood
Avenue
Ms.
Phyllis Rothrock
26563
Basswood
Avenue
Ms,
Julie Nelson
26543
Basswood
Avenue
Mr.
William Beck
26865
Basswood
Avenue
A note from Mr. William Beck, 26865 Basswood Avenue, was read into the record.
It was Mr. Beck's opinion that the grade on Basswood and the population density
are not suitable for current traffic levels, nor are the speed limits followed
or enforced.
Council requested that staff examine the feasibility of
installing "Residential Neighborhood - No Through Traffic" traffic signs similar
to those in Eastview.
MOTION: Mayor Brooks moved for the elimination of the eastbound right turn
pocket from Montemalaga Drive to Basswood Avenue and the approval of no right
turn from Montemalaga Drive to Basswood Avenue between 6:30 A.M. and 9:30 A.M.,
Monday - Friday, including a four -month trial period, a stipulation that the
restrictions on Hawthorne Boulevard be changed to the reflect the same time as
those approved and signs similar to those in Eastview. The motion was seconded
by Councilman McTaggart. Motion carried.
Council asked that potential modifications to Silver Spur be placed on the Status
of Directives.
PUBLIC SAFETY...MOTORCYCLE PATROL CONVERSION (1101 X 1206)
Council pointed out that the use of the motorcycle patrol could
be limited by weather.
MOTION: Council member Bacharach moved that the City of Rancho Palos Verdes
concur with the Regional Law Enforcement Committee's recommendation to convert
one traffic enforcement car to a motorcycle for six months. The motion was
seconded by Council member McTaggart and passed by unanimous voice vote.
MORATORIUM EXCEPTION NO. 7 TO ALLOW 583 SQUARE FEET OF
ADDITIONAL HABITABLE SPACE TO THE EXISTING RESIDENCE
AND THREE ADDITIONAL WATER FIXTURES AT THE PROPERTY
LOCATED AT 122 SPINDRIFT LANE (1801 X 1203)
Environmental Services Director Bernard noted that, contrary to information on
the agenda, the staff recommendation is for approval of the request for three
additional water fixtures.
There was discussion of holding tanks and the need to ensure that
they are properly maintained.
Project Architect Russ Barto, 3 Malaga Cove Plaza, asked that recommended
Condition No. 10 (no additional plumbing fixtures) be rewritten if the request
is approved.
CITY COUNCIL
SEPTEMBER 7, 1993
PAGE 7
MOTION: Mayor Brooks moved to approve Moratorium Exception No. 7 for additions
subject to the Conditions in Exhibit "A, " to approve the three additional water
fixtures and to recommend that staff initiate a related Code amendment regarding
allowing plumbing fixtures in the moratorium area, The motion was seconded by
Council member Bacharach and passed by unanimous voice vote.
FOURTH OF JULY INDEPENDENCE DAY CELEBRATION
Continued until a future meeting. Council suggested that Mr. Conte attend a
future City Council meeting to provide further information.
STATE 9 -1 -1 EMERGENCY TELEPHONE NUMBER FUND
(1206)
MOTION: Council member Bacharach moved to direct the Mayor to send a letter to
the Governor relating the City's opposition to the State diverting funds from the
Statewide 9 -1 -1 account, with the recommendation that the State address the
needed improvements. The motion was seconded by Council member Kuykendall and
passed by unanimous voice vote.
WRITTEN COMMUNICATIONS
APPOINTMENT OF BOARD MEMBERS FOR KLONDIKE CANYON GEOLOGIC
HAZARD ABATEMENT DISTRICT (1801)
Ms. Lois Larue, 3136 Barkentine Road, came forward to voice her support for the
appointment of Gale Lovrich as a Klondike Canyon
Geologic Hazard Abatement District Board member. She objected to the appointment
of Michael Mohler because he does not reside in the district.
MOTION: Council member Bacharach moved for the appointment of Gale Lovrich and
Michael Mohler as Board members for the Klondike Canyon Geologic Hazard Abatement
District, each for a term of four years until September 1997. The motion was
seconded by Council member Kuykendall and passed by unanimous voice vote.
CITY COUNCIL REPORTS
ADOPTION OF MISSION AND CORE VALUE STATEMENTS (306 X 1101)
Continued until a future meeting.
VERBAL CITY COUNCIL REPORTS
2ND CITY COUNCIL MEETING IN OCTOBER (307 X 1101)
Council agreed to reschedule the regular City Council meeting of Tuesday, October
19, 1993, to Thursday, October 21, 1993, 7:30 P.I..
CITY MANAGER REPORTS
RESCHEDULING THE MEETING DATE FOR THE JOINT WORKSHOP WITH
THE VIEW RESTORATION COMMITTEE AND THE PLANNING COMMISSION
TO DISCUSS THE PROPOSED AMENDMENTS TO THE VIEW RESTORATION
AND PRESERVATION ORDINANCE (307)
The tentative date of Monday, September 27, 1993, 7:30 P.M., was agreed upon for
a joint meeting of the City Council and the Planning Commission to discuss the
proposed amendments to the View Restoration and Preservation Ordinance. City
Manager Bussey indicated that Staff will verify the meeting location.
CITY COUNCIL
SEPTEMBER 7, 1993
PAGE 8
STATUS OF DIRECTIVES
Council member Bacharach asked that the date be added to "FEMA Update."
MOTION: Council member Bacharach moved for the approval of the Status of
Directives as written. The motion was seconded by Council member McTaggart and
passed by unanimous voice vote.
ADJOURNMENT:
At 11:55 P.M. the meeting was duly adjo d.
MAYOR
ATTEST:
ITY CLERK
RPV9 -7
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SEPTEMBER 7, 1993
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