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CC MINS 19920809 ADJM I N U T E S RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING AUGUST 91 1992 The meeting was called to order at 7:00 P. M. by Mayor McTaggart at the Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BROOKS, KUYKENDALL, BACHARACH AND MAYOR McTAGGART ABSENT: RYAN Also present were City Manager Paul Bussey, Deputy City Manager Mark Rohlof f and City Attorney Carol Lynch. APPROVAL OF AGENDA Without objection the agenda was adopted moving the Uniform Fire code prior to the Citywide Landscaping & Lighting District. Councilwoman Bacharach moved, seconded by Councilwoman Brooks to approve the agenda. The motion carried unanimously. Adopted a motion to waive full reading of all ordinances and resolutions adopted at the meeting with consent to the waiver of reading deemed to be given by all councilmembers after the reading of the title. ORDINANCE NO. 281U - UNIFORM FIRE CODE (603) Mayor McTaggart explained that this was an urgency ordinance requiring four affirmative votes of Council for adoption. City Attorney Lynch, provided amendments which were proposed by the County, the intent of which was to incorporate into the City's Code provisions which had not yet been passed by the County. Additionally, she recommended several stricter provisions than the current County Code, including fire works, for which City Council would be given the authority to issue permits. Staff also recommended that in addition to the brush clearance requirement of within 30 feet of a building that there be additional clearance based on recommendation of the Fire Department for indefinite clearance. Assistant Chief Jay Corbett, also mentioned that the County would incorporate the 10 foot clearance requirements for limbs to be away from chimneys. Additionally, the Chief Building Official recommended that smoke detectors be required in other units which are not required by State Code. Council inquired if there was a difference between this proposed ordinance and that in effect in neighboring cities. City Manager Bu s sey responded that Rolling Hills Estates and Palos Verdes Estates use County standards and the City of Rolling Hills uses County standards with additional clearance standards for brush. Councilwoman Bacharach moved, seconded by Councilman Kuykendall that the City adopt Ordinance No. 281U OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE AND AMENDING THE UNIFORM FIRE CODE, 1991 EDITION, AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE, AND DECLARING THE URGENCY THEREOF. The vote carried on the following roll call vote: AYES: BROOKS, KUYKENDALL, BACHARACH AND MAYOR McTAGGART NOES: NONE ABSENT:RYAN CITYWIDE LANDSCAPING AND LIGHTING DISTRICT (901) Mayor Pro Tem Brooks announced that she had reviewed the tapes from the August 4th meeting and had read all the letters which she had received on the subject. Responding to a question relative to whether the public hearing could be reopened on this item, City Attorney Lynch advised Council that the protest vote had been calculated based upon the written protest and oral testimony presented prior to the closure of the public hearing on August 4, 1992. She did, however, opine that people could speak at the meeting, but their testimony would not be included in the public hearing record on the matter. Mr. Bussey reported that the staff had prepared a resolution for City Council consideration in addition to the resolution forming the district. This new resolution was prepared in response to some of the concerns raised at the Public Hearing and would do three things: place a cap on the amount of the district's total budget so that it could only increase based on CFI and for additional dwelling units in the city; place a sunset provision of four years on the district; and, authorize the Council to adopt a system of deferrals in cases of economic hardship. Continuing with his report, Mr. Bussey said that staff had calculated that the formal protest against formation of the district was 2.1% of the land area of the City. In analyzing the protest letters, he reported that there were several concerns consistently expressed: opposition to the lack of a sunset clause on the district; objection to the lack of a cap on the district budget; and, a request for a chance to vote on the issue. Of the protest, 8% also objected to a lack of a hardship clause. Concluding his report, Mr. Bussey said that it was with these objections in mind that staff had prepared the proposed resolution for Council consideration at this meeting, Speaking in favor of the district were the following residents: Harry Gibb, 4005 Dauntless, spoke in favor of the district. Roy Fulwider, 28219 Hazelridge; Brent Goodrich, 30143 Via Rivera; and, J.J.D. McClaren, 3923 Palos Verdes Drive South. These speakers cited the necessity of this district for continued viability of the City, Speaking in opposition to the formation of the district were the following residents: Don Fraser, 26 Peppertree Dr.; and, M. Becker, 30330 Calle de Suenos; and, Mr. Richardson, 5718 Ravenspur, #301. Some of the concerns of these speakers centered on the lack of opportunity to vote on the issue; whether more reductions could be made in the number of hours that City Hall operates; and, how,much benefit condominium owners would derive from such a district. Clayton Wannamaker, 30316 Via Borica, objected to Council taking public input after they had declared the public hearing closed. Mayor McTaggart confirmed that the hearing had been closed but Council was willing to listen to those present. City Attorney Lynch reiterated that the public hearing was indeed closed but that the Council must allow the public to provide comment in accordance with the Brown Act. Mayor McTaggart then read a telecopied letter from vacationing Councilman Ryan which stated his support for the implementation of this district. At the request of Council Mr. Bussey read the sections of the proposed resolution AUG. 91 1992 2 CITY COUNCIL placing limits on the district. They included placing a four year limit on the assessments except for areas that predated the formation of the citywide district; limiting any increase in the district to the increase in the Consumer Price Index for the Los Angeles area; and, establishing a system that would allow for assessment deferral in the case of financial hardship. A brief discussion then centered on the standard to be set for hardship deferrals. It was the consensus that staff would prepare a policy and present to Council for consideration and adoption. Councilwoman Bacharach moved, seconded by Mayor McTaggart to adopt both the resolution establishing the district and the resolution which provided for a sunset of the district, a cap on the budget and a deferral for hardship cases. A lengthy discussion then ensued which covered many areas of Council concern: the adequacy of the public hearing process for this matter; whether the issue should be placed on the ballot; the appropriateness of this tax at this time; where the funds collected for this district will be spent; the fact that this district would generate revenue to be spent on maintenance of roads and parks thus allowing the City to spend other revenue on such items as police, fire and other necessities; the expenditure reductions such as the $1.5 million in the capital improvement program that was made after the failure of the parcel tax and prior to the adoption of the budget; the relatively small amount of influence that the City has in getting revenue from the State and the fact that the revenue resulting from this district would be completely controlled by the City and could not be taken away by the State; the amount of time that councilmembers have spent lobbying in Sacramento to get a fair level of revenue from the State; the viability of the City under its current tax structure; the fact that the Long Range Finance Committee would now be studying ways to deal with this revenue problem; and, if necessary, the appropriate election date to put the question of extension of this district on the ballot. With the permission of the maker and second on the motion, Councilman Kuykendall posed an amendment to the resolution which limited the district to two years ( as opposed to 4 years) and capped the district budget for the two year period, with no increases in the second year. RESOLUTION NO. 92 -84 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING A LIMIT ON THE TERM OF THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT, ESTABLISHING A LIMIT ON THE ANNUAL INCREASES IN THE BUDGET OF SUCH DISTRICT, AND AUTHORIZING DEFERRAL OF PAYMENT OF ASSESSMENTS BY INDIVIDUALS was presented by title. The motion to adopt the amended resolution carried as follows: AYES: BROOKS, KUYKENDALL, BACHARACH AND MAYOR McTAGGART NOES: NONE ABSENT: RYAN Councilwoman Bacharach moved, seconded by Councilwoman Brooks to direct the Long Range Finance Committee to work with the Budget Subcommittee (McTaggart & Kuykendall) on a November 1993 ballot measure. Motion carried. (Councilman Ryan absent). Mayor Pro Tem Brooks moved, seconded by Councilman Kuykendall that staff study privatization of the Recreation and Park Department and work with the Recreation Committee in this effort. The vote carried on the following roll call vote: AYES: BROOKS, KUYKENDALL, BACHARACH & MAYOR McTAGGART NOES: NONE ABSENT: RYAN RESOLUTION NO. 92 -85 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUG. 9, 1992 3 CITY COUNCIL ORDERING THE FORMATION OF A CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT AND THE CONSOLIDATION OF SUCH DISTRICT WITH LANDSCAPE AND OPEN SPACE MAINTENANCE DISTRICT NO. 1 AND LANDSCAPE AND OPEN SPACE MAINTENANCE DISTRICT NO. 2 AND CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 1992 -93 FISCAL YEAR IN CONNECTION WITH SUCH CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE was presented by title and adopted on motion of Councilwoman Bacharach, seconded by Mayor McTaggart. The motion carried on the following roll call vote: AYES: BROOKS, KUYKENDALL, BACHARACH & MAYOR McTAGGART NOES: NONE ABSENT: RYAN Mayor McTaggart reported that Councilman Ryan requested that this item be placed on the August 18th agenda so he could formally affirm his vote on this district. Council inquired if the Miraleste Recreation and Parks District would realize a savings if they were to drop their own Landscaping and Lighting District and be incorporated into this newly formed district. Councilman Kuykendall then moved, seconded by Mayor McTaggart that staff study this matter. City Manager Bussey indicated that staff would do a preliminary report to address the philosophical issues that should be considered by Council. The motion passed without objection. Council then addressed the issue of the disagreement by some residents relative to the benefit spread of this district. After some discussion, Councilwoman Brooks moved, seconded by Mayor McTaggart that staff look at various options to spread the district's cost for the following year. The motion passed 3 -1 -1 with Councilman Kuykendall voting against the motion. (Councilman Ryan absent.) Councilwoman Bacharach moved, seconded by Councilwoman Brooks that staff be directed to produce a City NEWSLETTER and mail it out to residents following State. action on the budget and immediately following Council adoption on the City's budget in the most cost effective manner available. The motion passed without objection. AUDIENCE QUESTIONS: Lois Larue, 3136 Barkentine Rd., spoke relative to an upcoming Cable T.V. show. Roy Fulwider, 28219 Hazelridge, inquired about the area of the City annexed in 1983 and what could be done to disassociate the City from the Eastview area. Councilwoman Susan Brooks, 3419 Corinna Dr., speaking as a private citizen made aplea to the public to assist in the finding of her dog which had been missing since July 29th. A $100 reward was being offered. ADJOURNMENT: At 8:51 P.M. Councilwoman Bacharach moved, seconded by Mayor McTaggart to adjourn the meeting. Motion carried. ATTEST: G. 9, 1.992 4 A 4'14� MA OR CITY COUNCIL