CC MINS 19860304M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MARCH 4. 1986
The meeting was called to order at 7:30 P.M. by Mayor Hinchliffe at the
Fred Hesse Community Park Center, 29301 Hawthorne Boulevard. Following the
pledge of allegiance to the Flag, roll call was answered as follows:
PRESENT: HUGHES, RYAN.. BACHARACH , McTAGGART & MAYOR
HINCHLIFFE
Also present were City Manager Donald F. Guluzzy, City Attorney Steve
Dorsey, Acting Director of Environmental Services Ann Negendank, City Clerk
Jo Purcell, Director of Finance Greg Beaubien, and Public Works Director
George Wentz.
WAIVER OF FULL READING OF Councilwoman Bacharach moved, sec -
ORDINANCES & RESOLUTIONS onded by Councilman Hughes and car-
ried, to waive reading in full of
all ordinances and resolutions
adopted at this meeting with consent
to waiver of reading deemed to be
given by all..councilmembers after reading of the title, unless specific
request was made at that time for the reading of such ordinance or resolu-
tion.
APPROVAL OF AGENDA The City Clerk announced the follow -
ing additions: Moratorium on Mini
Marts (Ryan), Planning Commission
Hearing at Dodson School (Ryan), and
sale of lot on Dauntless (Ladera
Linda) (City Manager).
THE AGENDA AS AMENDED The agenda as amended was approved
on motion of Councilman Hughes, sec -
onded by Councilman McTaggart and
carried.
CONSENT CALENDAR The Consent Calendar was approved as
follows on motion of Councilwoman
Bacharach, seconded by Councilman
Hughes.
705CP /MIN5.1 -5 -1- March 4, 1986
MINUTES Approved minutes of February 18.
RESOLUTION N0. 86 -9 - ESTAB- ADOPTED RESOLUTION N0, 86 -9 ESTAB-
LISHING FISCAL 1985 -86 LISHING THE 1985 -86 FISCAL YEAR AP-
APPROPRIATION ( 602 ) PROPRIATON LIMIT.
INDEMNITY AGREEMENT WITH Authorized the Mayor to sign the
PALOS VERDES PROPERTIES letter idemnifying Palos Verdes Pro -
(901) perties against claims and liability
in conjunction with Leisure Services'
activities occurring on their prop-
erty.
CLAIM AGAINST THE CITY BY
Rejected the
Claimant's
Application
ROBERT GILT ZOW (303)
for Leave to
Present
a Late Claim
and directed
the City
Clerk to in-
form the claimant
of Council' s
action.
CLAIM AGAINST THE CITY BY
Rejected the
claim and
directed -the
OLGA HERRERA (303)
City Clerk to
notify the claimant.
RESOLUTION NO . 86-10 - ADOPTED RESOLUTION NO* 86-10 OF THE
REGISTER OF DEMANDS CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDE S ALLOWING CERTAIN CLAIMS
AND DEMANDS AND SPECIFYING FUNDS
FROM WHICH SAME ARE TO BE PAID .
The motion to approve the Consent Calendar carried on the following roll
call vote:
AYES:. HUGHES, RYAN, BACHARACH , Mc TAGGART , AND MAYOR HINCHLIFFE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
APPEAL OF VARIANCE NO. 111 City Manager Guluzzy presented the
(1804) staff report on this appeal of the
Planning Commission's approval of
this variance. He recommended that
Council dismiss the appeal thereby
upholding the action of the Planning
Commission.
705CP/MIN5 . 1-5 -2- March 4, 1986
Representing the Rancho Palos Verdes Council of Homeowners was Naomi Phil -
lips, 2834 Calle Aventura, who read a prepared statement which is on file
with the City Clerk's office. Art Zinker, representing the E1 Prado Home -
owners.Association requested that Council hold a public hearing on this
matter so the Association could present all of their facts to the Council.
Their main concerns dealt with the geological aspects of the project.
In questioning Mr. Zinker as to whether the Association had any new geolo-
gical information, Council informed him that all geological issues will be
dealt with throughout the construction phase of the home.'
Robert Kerwin, 30438 Palos Verdes Drive East, the landowner in this matter,
told the Council how he has been working with the residents in trying to
answer their questions about the project. He said that their fear about
the geological aspects of project are unfounded.
Councilwoman Bacharach moved, seconded by Councilman Ryan- to dismiss the
appeal. Additionally, to direct staff to notify the El Prado Homeowners
Association and other interested parties when the geology has been cer-
tified. Discussion then took place on the number of delays that has al-
ready been experienced with this project, the fact that no new information
had been presented by the appellants, and that the approval process for
this project will require review and approval of all geological issues.
The motion failed on the following roll call vote:
AYES BACHARACH, AND MAYOR HINCHLIFFE
NOES: HUGHES, RYAN & -Mc_TAGGART
Councilman McTaggart �move+d-,, -.seconded by Councilman Hughes to hold a public
hearing on this, matter .
The motion.-carried on following roll call vote:
AYES: HUGHES, RYAN, MCTAGGART
NOES :. BACHARACH AND HINCHLIFFE
UTILITY USERS TAX Mayor Hinchliffe opened the public
(1501) hearing on this matter of imposing a
utility user tax as a means of rais-
ing revenue. The City Clerk report -
ed that notice of this h -earing had
been duly published. With the use
of charts mounted for public view-
ing, City Manager- Guluzzy reviewed the various revenue sources: property
taxes, state tax subvent ions ; motor vehicle in -lieu , and Revenue Sharing.
He went on to explain the revenue reductions that have been experienced
over the last few years, and the fact that Revenue Sharing will eventually
be completely eliminated. Additionally, he cited that replacement of the
City's aging infrastructure was a major need and funding such as Hazard
Elimination Funds would soon be eliminated by the Federal Government.
Another source of major expense are legal and insurance premium costs.
705CP /MIN5.1 -5 -3- March 4, 1986
With the use of a chart, he showed the Capital Improvement Projects for the
next five years. Another chart indicated the amount of revenue raised from
a utility user tax using a one percent through nine percent tax rate. Cit-
ing this. as the only means of raising adequate income to meet the City's
needs, he reviewed the other revenue raising sources already explored by
Council: _Business License Tax, Admission Tax, Refuse Franchise Tax, and
Parcel Special Tax. Of these possible sources, only the utility tax and /or
parcel tax would generate the necessary amount of revenue. Citing the fact
that the utility tax would require very little administrative effort, would
provide the necessary_ revenue to meet the capital and operating needs of
the City, he recommended that Council adopt a utility user tax. With re-
gard to the deductibility of a parcel tax, Mr. Guluzzy said that Council
may wish to consider placing this item on the November ballot,
Speaking in favor of a utility user tax were the following people: Barbara
Gleghorn, 28850 Crestrider Road; Andrew Bonacich, 1909 Toscanini; Anthony
Pescette, 29119 Highmore; Scotty Wuerker, 4036 Via Pima, Palos Verdes
Estates; Sunshine, 6 Limetree; Harry Gibb, 4005 Dauntless; Donald Heep,
1908 Avenida Feliciano; John McCarthy, 105 Spendrift; and Rob er-t Levy,
28101 South Ridgecove. They cited the equitability of the utility tax'-;' the
minimum administrative requirement necessary for its -implementation; ac-
knowledged the fact that a shortfall does exist; requested consideration of
certain exemptions, completion of certain trails and road repair.
RECESS At 9:10 P.M. the Mayor declared a
recess, At 9:20 P.M. the meeting
reconvened. .
Speaking in opposition to the tax were the following people: Richard
Grotz, 3720 Hightide; Robert Baird, 28757 Crestridge Road; Richard Mahoney,
26737 Menominee; David Goodwill, 28743 Shire Oaks Drive; Wiliam A. Mays,
5517 Littleb ow; Ray Mathys; Davvd McKittrick, 73 Hilltop; Franklyn Weiss;
307 Via La Cresta; Elsa Cortes, 29681 Highpoint Road; George Zaninovich,
28562 Monterinia Drive; Nancy Gardner, 26766 Grayslake; Ralph Ortolano,
3776 Coolheights ; Sullivan DeFrank, 2057 Beecham 'Drive; - Caroline'' ta' lmert ,
6340 Chartres Drive; Herb Nemeroff, 6507 Oceancrest `Drive; Barr y'Hilde-
brand, 3560 Viglance Drive; Gunther Buerk, 19 Stirrup Road; David Potter,
4014 Exultant Drive; Dave Ruth, 40 Cinnamon Lane; Lois Larue , 3136 Barken-
tine Road, and Larry Zamos, 6947 Starstone Drive. These residents ques-
tioned whether all sources of revenue had been explored; requested extend-
ing the adoption date; inquired about the urgency of these capital needs;
suggested that the City operate without liability insurance; requested if
there was available data explaining the needs of the City; suggested cut-
ting capital expenditures; questioned how the revenue will be used; inquir-
ed about an exemption for people on fixed income; questioned the statistics
used in the CIP Five Year Plan, the condition of the roads, the amount . of
funds designated for storm drain projects, and suggested selling some City -
owned property.
Councilwoman Bacharach
oral public hearing and
al Council discussion
tabled for ninety days,
matter,
moved, seconded by Mayor Hinchliffe to close the
accept written testimony until March 18. Addition -
then took place on whether the matter should be
and whether a citizens committee should review the
7 05 CP/MIN5 . 1-5 -4- March 4, 1986
The motion carried on the following roll call vote:
AYES: HUGHES, BACHARACH, AND MAYOR HINCHLIFFE
NOES: McTAGGART AND RYAN
ABSENT: NONE
ABSTAIN: NONE
Councilman Ryan moved, seconded by Councilwoman Bacharach to delay discus-
sion of the.parcel tax until the next meeting so the City Attorney can pre-
pare a report on the matter.
Referring to the deductibility of the utility user tax, the City Attorney
said that he is pursuing an opinion from the IRS,
CITY COUNCIL REPORTS
Moratorium on Mini - Markets (1203) - Questioning whether this was the in-
tended use when certain areas were zoned commercial, Councilman Ryan recom-
mended that Council consider placing a moratorium on mini- markets. Council
then discussed the traffic resulting from these convenience markets and the
impact on the surrounding neighborhood, Councilman Ryan moved, seconded by
Councilman Hughes and carried that staff draft a moratorium ordinance on
mini - markets.
Planning Commission Meeting at Dodson School - Citing the fact that a lot
of Eastview area residents were interested in the Texaco development being
considered for that area, Councilman Ryan 'suggested that whenever the Plan-
ning Commission is deliberating on an issue impacting the Eastview area,
that their meeting be held in the Eastview area.
Letter to the Rolling Hills Board of Realtors - Referring to a letter pre-
pared for his signature which indicated Council's endorsement of a name
change for the Rolling Hills Board of Realtors, Mayor Hinchliffe requested
and received Council's approval of the letter.
SALE OF CITY -OWNED LOT ON
DAUNTLESS - LADE RA LINDA
(1411)
ADJOURNMENT
705 CP /MIN5.1 -5
-5-
After an explanation of the egress
problem encountered with this lot,
it was the consensus that the matter
be considered by the Council at
7:15 P.M. on March 5.
At 1:30 A.M. the meeting adjourned
to 7:15 P.M. on March 5 a Ladera
Linda.
YOR
March 4, 1986