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CC MINS 19920804M I N U T E S M RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 4, 1992 The meeting was called to order at 7.*05 PM by Mayor McTaggart at the Hesse Park Community Center, 29301 Hawthorne Boulevard. Fol- lowing the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BACHARACH9 KUYKENDALL AND MC TAGGART, ABSENT: BROOKS AND RYAN, Also present were City Manager Paul Bussey, Deputy City Manager Mark Rohloff, Director of Environmental Services Dudley Onderdonk, Public Works Director Trent Pulliam, Assistant to the City Manager Pamela Antil, City Attorney Carol Lynch and Finance Officer Brent Mattingly, City Attorney Lynch announced that the City Council held a closed session pursuant to Government Code Section 54956.9 to discuss Horan et. al. vs. the County of Los Angeles and the County of Los Angeles Sanitation District No. 2 and the City of Rancho Palos Verdes et. al, APPROVAL OF AGENDA Councilwoman Bacharach moved, seconded by Councilman Kuykendall, to approve the agenda as presented. The motion carried by unanimous oral vote,, CITY COUNCIL 8-04-92 CONSENT CALENDAR The Consent Calendar was approved as follows on motion of Councilwoman Bacharach and seconded by Councilman Kuykendall. 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 council members after the read- ing of the title. MINUTES Approved the minutes of July 7, 1992 as written, RESOLUTION NO, 92-82 - REGISTER OF DEMANDS Adopted RESOLUTION NO. 92-82 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID, INVESTMENT POLICY Adopted CITY OF RANCHO PALOS VERDES INVESTMENT POLICY FOR FY 1992-93# WAIVER OF CONDITIONAL USE PERMIT APPLICATION FEES - 6069 GROVEOAK Authorized the Director of Environmental Services to waive the application fee required for the renewal of Conditional Use Permit No. 107 at Pedregal School, NATIONAL LEAGUE OF CITIES LEGISLATION Joined the National League of Cities in support of several criti- cal issues for cities, including stormwater, radon in drinking water and the Fair Labor Standards Act, CITY COUNCIL 8-04-92 2 The motion to approve the Consent Calendar carried on the follow- ing roll call vote: AYES: BACHARACH, KUYKENDALL AND MAYOR MC TAGGART, NOES: N ONE # PUBLIC HEARINGS CITYWIDE LANDSCAPING AND LIGHTING DISTRICT Mayor MeTaggart read aloud guidelines for the public hearing. Director of Public Works Pulliam presented the staff report with the recommendations that Council conduct a public hearing, adopt the applicable resolution and direct staff to file a Notice of Exemption with the County Clerk. Deputy City Manager Rohloff gave an overview of the City's current financial position. He explained how revenues from a Landscaping and Lighting District would benefit the City. Mr. Jeff Cooper of BSI Consultants, 2001 E. 1st Street, Santa Ana, distributed and reviewed written material summarizing the "Engineer's Report (Modified) for Citywide Landscaping and Light- ing Maintenance District" (included in agenda material). City Manager Bussey noted that Council members were given copies of all pertinent communications* He provided input regarding the idea of including sunset and maximum fee clauses in the resolution for the proposed Landscaping and Lighting assessment* Mayor MoTaggart opened the public hearing* Residents speaking in opposition to a Landscaping and Lighting District were as follows: Mr. San Gordon Mr. John Rumery Ms. Judy Boyer Ms. Marina Simes Mr. Warren Sweetnam Ms. Mary Summer Mr. Ian Macdonald Mr. Leonard Schneider Mr. Jack Sisk 6509 Nancy Road 4465 Miraleste Drive 1704 Byerton Court 22 Sea Cove Drive 7 Top Rail Lane 29655 Grandpoint Lane 47 Oceanaire Drive 7033 Loftygrove Drive 15 Barkentine Road CITY COUNCIL 8-04-92 3 Ms. Cathryn Lewis Mr. William Culp Mr. Jack Fisher Mr. Don Fraser Ms. Marilyn Lyon Miraleste Homeowners' Mr. Carl Carrillo Mr. Charles Rennie, Jr. Ms. Elza Cortes Mr. David Rubenstein Mr. A. Dierl Ms. Regina Ingraham Ridgegate Homeowners' Ms. Elsie Graf Mr. Edward Graf Mr. Lesley Boullianne Mr. Ara Boyajiian Mr. Rudy Maus Mr. John Sharkey Mr. Denes Kassai Ms. Lois Larue Mr. C. R. Letarte Association Association 27051 Spring Creek Road 3163 Crownview Drive 31107 Marne Drive 26 Peppertree Drive 6424 Via Colinita 27051 Spring Creek Drive 26837 Grayslake Road 29681 Highpoint Road 6600 Beachview Drive 28689 Roan Road 28181 Ridgecove Court So. 4271 Admirable Drive 4271 Admirable Drive 4828 Falcon Rock Place 6650 Locklenna Lane 420 Mesa Road Santa Monica 30320 Avenida de Calma 4076 Miraleste Drive 3136 Barkentine Road 3048 Corinna Drive Residents speaking in opposition to a Landscaping and Lighting District addressed: their concern that the proposed assessment would be in addition to a fee currently assessed in the Miraleste area; that residents should be given an opportunity to vote on the proposed Landscaping and Lighting District; the increased financial burdens associated with the proposed Landscaping and Lighting District; objection to the City expending funds on the Portuguese Bend landslide; various ways to reduce City expendi- tures, such as the ideas of imposing parking fees at City parks, eliminating some of the City's parks and no longer spraying street medians; concern that City funds were spent to improve a portion of Granvia Altamira; concern that the proposed Landscap- ing and Lighting District appears to be a means of circumventing Proposition 13; concern over potential legal difficulties which could arise from the formation of a Landscaping and Lighting District; and the idea of taxing Marymount College in such a way that the City would receive increased revenues, Ms. Cortes read aloud a letter of opposition from Mr. John Copley, 30061 Grandpoint Lane. Several letters of opposition were received during the meeting, CITY COUNCIL 8-04-92 4 At 9,*05 there was a continued with regard District. After the recess, the Citywide Landscaping an recess until 9.*15 PM when discussion to a Citywide Landscaping and Lighting following residents spoke in favor of a A Lighting District: Ms. Luella Wike 29172 Oceanridge Drive Mesa Homeowners' Association Ms. Sharon Hegetschweliler 6 Clovetree Place Mr. Roy Fulwider 28219 Hazelridge Residents speaking in favor of a Landscaping and Lighting Dis- trict addressed, the need for the inclusion of sunset and maxi- mum fee clauses, as well as a limitation on the type of projects which can be added into the Landscaping and Lighting District, that the maintenance of equestrian trails should not be funded through a Landscaping and Lighting District; that a decision on this item should be delayed until all Council members are present; that residents should be given an opportunity to vote on the proposed Landscaping and Lighting District; and that special consideration should be given to retired residents having a limited incomes MOTION: Councilman Kuykendall moved, seconded by Councilwoman Bacharach, moved to close the public hearing. The motion carried by unanimous oral vote. At 99040 PM there was a recess until 9.*50 PM when discussion continued with regard to a Citywide Landscaping and Lighting District. After the recess, City Attorney Lynch supplied information con- cerning the case of Knox vs. the City of Oakl-and: ' Circumvention of Prop. 13 by Assessment District Abuse. She answered inquiries from Council regarding possible legal issues should the proposed Landscaping and Lighting District be imposed in the City of Rall- cho Palos and the formation of such a district should then be invalidated with the Supreme Court's forthcoming decision on Knox vs. the City of Ordland. CITY COUNCIL 8-04-92 5 In response to comments from the public, Council discussed.* the funding utilized for improvements previously made to a portion of 1 ing m Granvia Altamira the idea of installing parki meters at City parks* 2 equestrian trails which would be located in the proposed Landscaping and Lighting District; the I idea of delaying a decision on the item until all Council members are present. City Manager Bussey called attention to time constraints surrounding the formation of a Citywide Landscaping and Lighting District. At 9*50 PM there was a recess until 10;00 PM when discussion continued with regard to a Citywide Lan*dscaping and Lighting District. Mr. Jeff Cooper of BSI Consultants, Inc. returned to the ' to present further information about the formation and financial aspects of a Citywide Landscaping and Lighting District, Additional Council discussion included the idea of distributing a Citywide newsletter to assist in informing residents about the specifies of the proposed Landscaping and Lighting District. Council also discussed the following ideas: the use of recycling funds to assist in the formation of the District; res lidents voting on the formation of the District; and the inclusion of sunset and maximum fee clauses in the proposed resolution. The need to resolve the City's financial position was stressed 'by various Council members. The possibility of unincorporating the City if the City's financial position manner was mentioned, on is not resolved in a timely In answer to questions from Council, City Attorney Lynch, City Manager Bussey and Mr. Cooper related information about possible means of addressing special needs of Senior citizens, A majority of Council members agreed to continue discussion of the item in hopes of having additional information in the near future regarding State funding to cities and to have at least one more Council member present. The following motion was then offered, CITY COUNCIL 8-04-92 0 MOTION: Councilwoman Bacharach moved to continue discussion of a Citywide Landscaping and Lighting District until Sunday, August 9, 1992, 7:00 PM. The motion was seconded by Mayor McTaggart and passed by the following 2-1 majority roll call vote: AYES: BACHARACH AND MAYOR MC TAGGART. NOES: KUYKENDALL* During continued discussion, City Manager Bussey advised those present of staff's efforts to sell some of the City's surplus transit funds* Noting that the public hearing was closed earlier in this discussion, Council invited interested parties to present pertinent written comments prior to the continued discussion date of Sunday, August 9, 1992. LANDSCAPE AND OPEN SPACE MAINTENANCE DISTRICT NO, 1 - CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE FY 92-93 Mayor McTaggart opened the public hearing. MOTION: Councilman Kuykendall moved to close the public hearing. The motion was seconded by Councilwoman Bacharach and, there being no objection, it was so ordered. Council agreed to continue discussion of this item until Sunday, August 9, 1992, 7:00 PM. LANDSCAPE AND OPEN SPACE MAINTENANCE DISTRICT NO* 2 - CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE FY 92-93 Mayor McTaggart opened the public hearing. MOTION: Councilman Kuy-kendall moved to close the public hearing. The motion was seconded by Councilwoman Bacharach and, there being no objection, it was so ordered. Council agreed to continue discussion of this item until Sunday August 9, 1992, 7:00 PM. CITY COUNCIL 8-04-92 7 REGULAR BUSINESS ADOPTION OF CITY FIRE CODE - URGENCY ORDINANCE City Attorney Lynch advised Council to receive public input and continue discussion of this item for at least four Council mem- bers to be present. I City Attorney Lynch presented the staff report with the recommendation that Council waive further reading and adopt the urgency ordinance, Mayor McTaggart opened the public hearing. Fire Chief Jay Corbett came forward to provide information about the City's Fire Code requirements. Mrs. Lois Larue, 3136 Barkentine Road, thanked Fire Chief Corbett for his efforts in the bulldozing of the fire break between her and Mr. Hon's property. MOTION: Councilwoman Bacharach moved, seconded by Mayor McTaggart, to continue discussion of the adoption of a City Fire Code until Sunday, August 9, 1992, 7:00 PM. There being no objection, it was so ordered. GRADING APPLICATION NO, 1390 - APPEAL, FINAL SUPPLEMENTAL EIR NO. 16 FOR TENTATIVE TRACT MAP NO, 37885 City Manager Bussey presented the staff report with the recommen- dation that Council adopt the resolution denying Grading Application NO. 13900 RESOLUTION NO, 92-83 DENYING GRADING APPLICATION NO. 1390, was presented by title and adopted on motion of Councilwoman Bacharach, seconded by Councilman Kuykendall and carried. CITY COUNCIL 8-04-92 8 CITY COUNCIL REPORTS City Manager Bussey presented the staff report. He explained that the request for a $500 transfer (and not for additional funds)from the Council discretionary travel fund to Councilman Kuykendall's specific travel budget to cover costs associated with his attendance of League of California Cities Housing, Com- munity and Economic Development Policy Committee meetings. During discussion, Councilwoman Bacharach asked that she be given the same amount of funding as that requested by Councilman Kuykendall. Mayor McTaggart pointed out that the meeting agenda included only Councilman Kuykendall's request. MOTION: Councilman Kuykendall moved for the approval of a transfer of $500 from the Council discretionary travel fund to his specific travel budget to.,cover costs associated with his at- tendanbe of League of California Cities Housing, Community and Economic Development Policy Committee meetings. The motion was seconded by Mayor McTaggart and passed by the following 2-1 majority roll call vote. AYES: KUYKENDALL AND MAYOR MC TAGGART* NOES: BACHARACH. Councilwoman Bacharach explained her preference that the entire Council be present to discuss this item. STATUS OF DIRECTIVES In response to inquiries from Council, City Manager Bussey provided information regarding the status of Code enforcement. City Attorney Lynch indicated that staff will examine the City's Sign Ordinance as it relates to Code enforcement for garage sale signs. Council directed staff to bring back information about the Green Waste Program and a refuse fee for vacant residences. CITY COUNCIL 8-04-92 9 AUDIENCE COMMENTS Mrs. Lois Larue, 3136 Barkentline, related her understanding of resident concerns that she is charged for City Council press packets. Mrs. Larue clarified that she is employed by Random Lengths Newspaper. I ADJOURNMENT At 11**15 PM, the meeting was formally adjourned on motion of Councilwoman Bacharach, seconded by Councilman and carried, to Sunday, August 9, 1992, 7**00 PM. ATTEST: CITY CLERK CITY COUNCIL 8-04-92 10