Rancho Palos Verdes City Council
   

D R A F T

D R A F T

MINUTES

RANCHO PALOS VERDES CITY COUNCIL

JULY 2, 2002

The meeting was called to order at 6:00 P.M. by Mayor McTaggart at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed to a closed session per the Brown Act Checklist.  The meeting was reconvened at 7:05 P.M. by Mayor McTaggart. 

After Director Rojas led the Salute to the Flag, roll call was answered as follows:

            PRESENT:               Clark, Ferraro, Gardiner, Stern and Mayor McTaggart

            ABSENT:                  None

Also present were City Manager Les Evans; Assistant City Manager Carolynn Petru; City Attorney Carol Lynch; Director of Planning, Building, and Code Enforcement Joel Rojas; Director of Public Works Dean Allison; City Clerk/Administrative Services Director Jo Purcell; and Recording Secretary Bothe.

CEREMONIALS MATTERS:

Mayor McTaggart announced the four recycle drawing winners who will receive a check for $250, which represents a year of free refuse service:  Helen Faerber, 4 Figtree; James E. Michaels, 6525 Via Siena; Joseph Pelezzare, 4948 Rockvalley Road; and Robert Ackerman, 93 Hilltop Circle.

APPROVAL OF AGENDA:

Councilman Gardiner requested that Agenda Item No. 10, Appeal of Height Variation No. 930 and Grading Permit No. 2279, be removed from the Consent Calendar; and City Manager Evans requested that Agenda Item No. 6, Re-appropriation of Funds for the Tree-Trimming for View Restoration and View Preservation Program, be removed and addressed at a future meeting.

There being no objection, Mayor Pro Tem Stern moved approval of the Agenda as amended.  Motion seconded by Councilwoman Ferraro and carried. 

APPROVAL OF CONSENT CALENDAR

Mayor pro tem Stern moved, seconded by Councilwoman Ferraro, to approve the Consent Calendar as amended. 

Minutes of April 30, May 20, May 21, and June 12, 2002

Following brief discussion, it was the consensus of the City Council to delay approval of the Minutes to the next City Council meeting in order to provide the City Council additional time to submit changes to staff.

Claim against the City by Jelena Berkovich

Rejected the claim and directed the City Clerk to notify the claimant.

Notice of Completion for the Fiscal Year 2001-2002 Arterial Rehabilitation Program

(1) Accepted the work as complete. (2) Authorized the City Clerk to record the Notice of Completion with the County Recorder; and, if no claims are filed 35 days after recordation, notify the surety company to exonerate the Payment and Performance Bonds. (3) Authorized the Director of Public Works to release the 10% retention payment to Sully-Miller Contracting Company 35 days after recordation of the Notice of Completion by the County Recorder contingent upon claims being filed against the project.

Ordinance No. 377 - Wind Energy Ordinance

ADOPTED ORDINANCE NO. 377 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ENACTING A WIND ENERGY ORDINANCE PURSUANT TO ASSEMBLY BILL 1207. (This ordinance was introduced at the June 18th meeting.)

Resol. No. 2002-51 - Re-appropriation of Funds for the Tree Trimming for View Restoration and View Preservation Program

ADOPTED RESOLUTION 2002-51, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2002-45, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2002-03, FOR A BUDGET ADJUSTMENT TO THE CITY’S VIEW RESTORATION PROGRAM WITHIN THE GENERAL FUND.

Resolution Nos. 2002-52, 53 & 54 - Large Domestic Animal Nonconformity Statement No. 3 (Bara, 1 Peppertree Drive), No. 8 (Sunshine 6 Limetree Lane) and No. 19 (Downhill, 20 Vanderlip Drive)

ADOPTED RESOLUTION NOS. 2002-52, 2002-53, AND 2002-54, MEMORIALIZING THE CITY COUNCIL’S ACTION OF JUNE 12, 2002, WITH RESPECT TO LARGE DOMESTIC ANIMAL NONCONFORMITY STATEMENT NOS. 3, 8 AND 19, RESPECTIVELY.

Resol. No. 2002-55 - Peninsula Seniors Grant Extension

ADOPTED RESOLUTION NO. 2002-55 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT EXTENSION WITH THE CALIFORNIA DEPARTMENT OF AGING TO OBTAIN THE REMAINING BALANCE OF A $25,000 GRANT FOR THE PENINSULA SENIORS DURING FY 02-03.

May 2002 Treasurer’s Report

Received and filed.

Appeal of Height Variation No. 930 and Grading Permit No. 2279

Councilman Gardiner noted his understanding that this body had concluded that there was a view blockage; that the neighborhood was not in transition; that the house was too big for the lot; that this body had reservations about digging holes in the ground to lower houses; and that this body had moved to sustain the appeal, to reject the application without prejudice.  He expressed his belief that the proposed resolution did not capture what the City Council voted on; that he does not recall the City Council’s motion including, for instance, “The design of the structure can be further modified to minimize view impacts to neighboring properties by further reducing the height, bulk and mass of the overall building” or that “The proposed structure is not compatible with the character of the immediate neighborhood because at 3,921 square feet, although not the largest home on Nancy Road...”  He expressed his belief that it was the City Council’s discussion that there may be larger homes, but that they're on much larger lots; that it was the ratio of the size of the home on the lot that drew this body’s attention, not just the 3,921 square feet.  He stated that he did not recall discussing the City Council’s concurrence with the Planning Commission’s denial of the minor exception permit. 

City Attorney Lynch clarified that there was no appeal on the minor exception permit denial; that staff was attempting to make the record clear that the City Council had not changed the minor exception permit determination that was made by the Planning Commission.

Mayor pro tem Stern suggested that wording be added to reflect that there was no appeal of the matter and that for purposes of clarification, this wording be added in the future when an item is denied by the Planning Commission and not appealed to the City Council.

City Attorney Lynch stated that wording would be added to clarify this matter.

Councilman Gardiner suggested that on Page 5 of the proposed resolution, that the following sentence be deleted: "Furthermore, the City Council finds that the design of the structure can be further modified to minimize view impacts to neighboring properties by further reducing the height, bulk and mass of the overall building" and to delete the phrase in Paragraph C, "although not the largest home on Nancy Road”; and to revise Section 4 to state that the minor exception permit was not considered by the City Council.

With regard to the last page of the proposed resolution, second paragraph, City Attorney Lynch stated that the following language would be rewritten:  "The City Council concurs with the Planning Commission's denial of the Minor Exception Permit."

It was the consensus of the City Council to bring this matter back on the next Consent Calendar. 

Councilman Clark stated that he would abstain from this item because he had not been present when it was discussed at the prior meeting.

Councilman Gardiner suggested that the wording be more specific, reflecting that the City Council did not find the neighborhood in transition, etc., that wording reflect the issues for the City Council’s findings of fact for disagreement – noting that the findings of fact for agreement/disagreement will be different on a case-by-case basis.

Mayor pro tem Stern noted the importance for the Planning Commission to understand where the City Council stands on a certain item and that as much of the City Council’s rationale is reflected in the written materials.

Councilman Clark stated that specific direction to the Planning Commission would be useful; and that there may be instances which arise where the City Council needs to get together with the Planning Commission in a workshop forum to go over trends or areas that need discussion between the two bodies.

Staff noted that revised language would be presented at the next City Council meeting.

Resol. No. 2002-56 - Register of Demands

ADOPTED RESOLUTION NO. 2002-56, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.

The motion to approve the Consent Calendar carried on the following roll call vote:

            AYES:             Ferraro, Gardiner, Clark, Mayor Pro Tem Stern & Mayor McTaggart

            NOES:            None

            ABSTAIN:      Councilman Clark on the Large Domestic Animal Resolutions

            #                      #                      #                      #                      #                      #

REGULAR BUSINESS:

Appointment of View Restoration Mediators

City Clerk Purcell briefly presented staff recommendation to appoint five mediators, which were interviewed from a group at the 6:00 P.M. meeting, to carry out the work of the View Restoration Commission, serving as an adjunct to the Planning Commission, and to determine if three mediators should be appointed for a four-year term of office and two mediators appointed for a two-year term of office.   City Clerk Purcell advised that Debra Pole withdrew her name for consideration.

The votes cast for the View Restoration Mediators are as follows:

Mayor McTaggart - Gil Alberio, Neva Drages, Ken Dyda, Bruce Franklin, and Jim Slayden.

Mayor pro tem Stern - Neva Drages, Ken Dyda, Bruce Franklin, Jim Slayden, and Paul Weber.

Councilman Clark - Neva Drages, Ken Dyda, Bruce Franklin, Jim Slayden, and Paul Weber.

Councilwoman Ferraro - Gil Alberio, Neva Drages, Ken Dyda, Bruce Franklin, and Jim Slayden,

Councilman Gardiner - Ken Dyda, Jim Slayden, and Paul Weber.

Following the vote by the City Council, the following individuals were selected to serve on the View Restoration Commission: 

Neva Drages, 4-year term;

Ken Dyda, 4-year term;

Bruce Franklin, 2-year term;

Jim Slayden, 2-year term;

Paul R. Weber, 4-year term.

Request for City Grant for S.H.A.W.L.  

Assistant City Manager Petru presented staff report and the recommendation to award a grant in the amount of $3,000 to S.H.A.W.L. (Support for Harbor Area Women’s Lives).

Becky Clark, representing S.H.A.W.L, explained that this organization provides a home for homeless, alcohol/drug addicted women, a residential chemical dependency house which can serve up to 12 women at a time; advised that the clients must follow a 12-step program; stated that the graduates of the S.H.A.W.L. house can move across the street to reside in the Haviland House, where they receive educational training and are assisted in becoming productive members of the workforce.  Ms. Clark advised that the S.H.A.W.L. agency also helps to get these women reunited with their families.  She added that S.H.A.W.L. is primarily supported by St. Peters by the Sea Church; and she advised that the program has a successfully low recidivism rate.

Councilwoman Ferraro noted her support for this organization.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem Stern, to concur with staff’s recommendation for approval of the request.  Motion carried on the following roll call vote:

            Ayes:  Mayor Pro Tem Stern, Clark, Ferraro, Gardiner & Mayor McTaggart

            Noes:  None

Contract with the Los Angeles County Sheriff’s Department

Assistant City Manager Petru presented staff report and the recommendation to authorize the Mayor to sign the contract with the Los Angeles County Sheriff’s Department for FY 02-03.

Assistant City Manager Petru clarified for Councilman Clark that the City receives reimbursement for a few of the programs -- CORE Deputies, Student and the Law, and the Sobriety Checkpoint programs from the two other cities (Rolling Hills Estates and Rolling Hills).         

City Manager Evans stated that this reimbursement agreement has been in effect for many years.

Mayor McTaggart explained that this is essentially one contract covering the three cities; and that the percentages owed by each city are calculated based on the number of incidents, including tickets, calls to the police, false alarms, etc. that occur during the previous year.

City Clerk Purcell explained for Councilman Clark that this is a regional contract; and that the City is promptly reimbursed by the two other cities for their pro rata share of bills submitted by the Sheriff’s Department for the three regional cities.

Assistant City Manager Petru confirmed for Councilman Gardiner that it is not a 10.2 percent increase, as had been indicated during adoption of the FY02-03 budget. 

City Manager Evans explained that the budget for the Sheriff is not included in just one part of the budget; that the City is reimbursed approximately $120,000 annually by the two other cities; and that the $2.9 million contract proposed for signing does not reflect the $120,000 reimbursement nor does it reflect all the other costs fed through the budget. City Manager Evans clarified that the Sheriff’s contract has actually increased 3.8 percent; that the amount the City pays is based on actual services that have been provided; and he mentioned that the final figures in the last few years have come in under budget.

Lieutenant John Herrera stated that no cut in services is being proposed for these three contract cities; explained that the $120,000 reimbursed is to pay for the three CORE deputies that the region pays for; and he explained that because this is considered a low-crime area, the services calculated have gone down from 66 percent to 63 percent, not the level of service, and that this decrease in calls saved the City approximately $19,000 last year.

Councilwoman Ferraro moved, seconded by Mayor pro tem Stern, to approve staff’s recommendation.  Motion carried on the following roll call vote:

            Ayes:  Stern, Clark, Ferraro, Gardiner & Mayor McTaggart

            Noes:  None

California Law Enforcement Equipment Program (CLEEP)

City Manager Evans briefly presented staff report and staff’s recommendation to approve the Memorandum of Understanding Between the Los Angeles County Sheriff and the City of Rancho Palos Verdes authorizing payment of the City’s $115,538 2000-01 CLEEP Grant, in two equal installments, to the Los Angeles County Sheriff for the purpose of designing, building, and adapting the hardware and software and converting and warehousing the data for the LARCIS database.

Councilwoman Ferraro moved, seconded by Councilman Gardiner, to approve staff’s recommendation.  Motion carried on the following roll call vote:

            Ayes:              Stern, Ferraro, Gardiner & Mayor McTaggart

            Noes:              None

            Absent:           Clark

(At 8:46 P.M. Councilman Clark departed the room during discussion and vote of this item.)

Resolution No. 2002-56 - Establishing Salary and Hourly Ranges for all Competitive and Management Job Classifications

City Manager Evans presented staff report and the recommendation to consider adopting RESOLUTION NO. 2002-56, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING SALARY AND HOURLY RANGES FOR ALL COMPETITIVE AND MANAGEMENT EMPLOYEE JOB CLASSIFICATIONS AT THE 75TH PERCENTILE.

(Councilman Clark returned to the meeting, the time being 8:49 P.M.)                                                 

City Manager Evans explained that raising the salary ranges to the 75th percentile would help to keep employees from leaving the City for higher salaries elsewhere.

Councilman Gardiner stated that what is not reflected on the balance sheet is the human asset account – pointing out that every time an employee leaves a place of business, it creates training costs and other turnover costs.

Mayor pro tem Stern moved, seconded by Councilwoman Ferraro, to concur with staff’s recommendation; and requested that staff communicate to the City employees City Council’s appreciation of their hard work.  Motion unanimously carried.

Cable Rate Increases

Assistant City Manager Petru presented staff report and explained that the City does not have control over the cable rates because it is preempted by Federal law; advised that the FCC only has control over the rates that are charged for basic service, installation and equipment rental – pointing out that those fees are regulated by setting benchmarks each year; and that cable companies are able to have their rates fixed anywhere at or below that benchmark.  She stated that the major increases are with premium channels being charged to the cable companies that are being passed on to the consumers.

Mayor McTaggart stated that even those consumers who don’t have the premium channels got a substantial increase in their bills. 

Councilman Clark pointed out that Cox is charging below the benchmark; and he suggested that staff put an explanation of this issue on the City’s website and in the City’s newsletter.

Border Issues Status Report

Senior Planner Fox presented staff report and the recommendation to review the current status of border issues, and provide direction to the City Council Committee and staff.  He added that a copy of the appeal form and cover letter that Ms. Sandell submitted to the City of Los Angeles had been provided to the City Council; and noted that her appeal of the zone boundary adjustment for the Garden Village Shopping Center cites unknown future risks to her property and unresolved litigation.

Mayor McTaggart highlighted his concern that Caltrans has now changed its opinion that the storm drains did not leak and cause the problem at the shopping center. 

Mayor pro tem Stern stated that while Ms. Sandell has a right to protect and preserve her rights by way of appealing this zoning change, the discussion should focus on the narrow issue of zoning.

Mayor McTaggart stated that he does not want to abandon Ms. Sandell on this problem but agrees with Mayor pro tem Stern that tonight’s discussion should be limited to zoning.

City Manager Evans clarified for Mayor McTaggart that the City’s geologist had not inspected the line and that the geologist had said if the lines do leak, there could be a problem.

Several speakers addressed the proposed South Coast County Golf Course on the site of the former Palos Verdes Landfill:

Jim Tarr, 63 Ranchview, RHE, expressed his concern with the huge quantity of waste materials buried in the Palos Verdes Landfill; stated that no technology exists to control the chemical and biological changes into the future; noted that dangerous gas and liquid toxins will impinge on the neighboring residents for years.  Mr. Tarr expressed his belief that to date, comprehensive ambient air monitoring has not been done around this landfill; and urged that this monitoring be done, specifically that around Rancho Vista School.  Mr. Tarr stated that the materials that were disposed of in this landfill will create very serious air pollution impacts to the community and that these impacts have not been addressed in the fact sheets.  Mr. Tarr submitted a list of what he considers to be a minimum description of comprehensive ambient air monitoring that ought to be done at the Rancho Vista School; and stated that it is time for the Sanitation District to take a comprehensive look at the air pollution potential of this site and its impacts to the community and that an ambient monitoring system should be put in place and operated into the future to determine what’s actually going on at that school.

Edward Hummel, 6903 Hartcrest Drive, RPV, stated that the EPA has noted that an earlier sampling of the soil at this site contained elevated levels/concentration of heavy metals and that the ground water beneath this site was contaminated with organic compounds and heavy metals; he expressed his concern with the negative impacts to the ground water and the air into the future; and urged that the public be fully informed of what is going on with this landfill and its impacts to the health and safety of the residents.  He urged the City to support the concept of putting a hold on any plans to develop on the landfill and to support the concept of best practice technology to clarify if any airborne toxins are currently being released, as well as the extent of any current soil and water contamination.

Bruce Trotman, 4029 Via Pima, PVE, noted his opposition to building a golf course on the Palos Verdes Landfill site; expressed his concern that no manifest system was in place for materials being dumped in the landfill from 1952 through 1970 – pointing out that it is not known what exactly exists at this site; and advised that this landfill was receiving approximately 40 percent of all hazardous industrial waste from Los Angeles County in the 1970's.  Mr. Trotman stated that there is no protective bottom liner; advised that this landfill is within 1,200 feet of an active seismic fault line; and noted his concern with the proposed 400,000 gallons of water per day being put on the proposed golf course – believing that this amount of water will only exacerbate further migration of contaminants and landslides.

Joan Davidson, 1525 Via Arco, PVE, expressed her concern that the EPA data only documented six years of the hazardous waste operations, not the 17 years this landfill was operating; noted her concern with the lack of a liner and with this site being within 1,200 feet of a known seismic zone; and she questioned who will be legally responsible if landslides occur should this project go forward.

Christina Zimmerman, 19 Ranchview, RHE, expressed her concern with the close proximity of this toxic landfill to surrounding residents, schools, churches and equestrian center; stated that this landfill is at least 100 feet higher in elevation than the homes surrounding it; and that, therefore, any problems developed will adversely affect those residents below the landfill.  She urged that all concerned be given ample time to review the EIR and to have enough time to comment.

Jim Stahl, Chief Engineer and General Manager of the County Sanitation District, explained that one of the Sanitation District’s main responsibilities is to safely maintain this closed landfill – pointing out that the primary focus is on the protection of public health and safety and the environment.  Mr. Stahl explained that currently, the PV Landfill is an extensively, environmentally controlled system that provides a safe environment for the surrounding community, including that of the children who attend Rancho Vista School.  He noted that that is not only the Sanitation District’s firm belief, but also the conclusion of an 8-year study that was conducted and supervised by the State Department of Toxic Substances Control (DTSC); and added that the 8-year study used a very conservative methodology to reach the conclusion that the landfill was safe.  He mentioned that this site is not an EPA Superfund site.  He explained that tests were extensively performed for air pathways, surface water pathways, ground water and soil; advised that many community meetings were held to receive public input; and stated that the Sanitation District is diligently and proactively working with the school district to make sure that sufficient testing is done at the site to the school district’s satisfaction.  He reiterated that the Sanitation District believes the testing has been sufficient to assure that there is not a significant health risk to the children or to the surrounding community; stated that the Sanitation District will continue to cooperate with the school district to do additional testing; and that the test results will be shared with the public.  He added that the most recent testing has concluded and confirms for the Sanitation District that the air at the landfill and school is at acceptable levels.

In response to the previous speakers’ comments/concerns, Mr. Stahl stated that the Sanitation District is aware of the nature of the compounds coming out of this landfill; explained that the end result of the testing resulted in 1.4 additional cancer risk per million people, which assumes 95 percent efficiency of the gas recovery system; and added that AQMD’s statistics reflect an average ambient air risk in the southwest air basin around 1,400 per million.   Mr. Stahl urged everyone to keep an open mind and to look at the data provided by professional agencies; and he assured the residents that cutting-edge technology is being utilized to provide the most environmentally sound ecosystem at this landfill and that the Sanitation District will maintain these extensive efforts into the future.

Mr. Stahl stated for Mayor McTaggart that the Sanitation District is neither a proponent nor an opponent for the development of a golf course; and that the decision for the development of the golf course will be in the hands of the County of Los Angeles and this City.

Addressing Councilman Clark’s question concerning the lack of a systems manifest at this site for a number of years, Mr. Stahl explained that from 1957 to 1964 there was not a manifest system; that for a period of years after that, it was required to record the liquids that came in; and advised that those records reside with the County Engineer.  Mr. Stahl explained that the Sanitation District’s focus is to provide for the protection of the waste that is there regardless of what toxins were dumped on site; advised that the Sanitation District has all the necessary monitoring systems to monitor water or gas that might leave the site; and pointed out that if there were a manifest system in those years, it still would not change the Sanitation District’s approach/management that it has taken with regard to the environmental protection systems that are in place to date.

In response to Councilwoman Ferraro’s question with regard to the cap on site and the toxic plumes traveling near Hawthorne Boulevard, Mr. Stahl explained that there was not a formal requirement of capping the site off when this landfill was closed; and that based on the detailed analysis performed by DTSC, it is shown that this site is very tight.  Mr. Stahl confirmed that there is a gas plume that got offsite down Hawthorne Boulevard, but explained that this condition is extensively and routinely monitored.  He explained that it is known by way of routine samples that are taken that this condition has reached a steady state as far as its advancement is concerned; and that it is also known that the constituents that are in that plume are going down in concentration due to the natural degradation processes that are taking place.  Mr. Stahl explained that the Sanitation District does not believe it is was a plume that left the site as much as it was water that passed through lenses of landfill gas, but regardless, there is an impact offsite from the landfill along Hawthorne Boulevard, which is believed to be under control.  Mr. Stahl noted that other regulatory agencies concur with the Sanitation District’s findings in this regard.

Mr. Stahl stated that as far as the cap of the landfill is concerned, while the Sanitation District did not put on a formal cap that is required today, it believes that the testing performed shows that the approximate foot-and-a-half clay cap is effective.

Also speaking for the Sanitation District was John Gulledge, who explained that in terms of the cap that is on the site that the Sanitation District constructed a five-foot monolayer type cap with reasonable consistency in terms of permeability throughout that entire layer; that the five-foot high clay content is relatively impermeable and is larger than the one-foot layer recommended by today’s prescriptive standards.

Councilman Gardiner stated that he would prefer to see a system in place to clearly identify and measure what the dangers are; and that a collective effort take place to sort out and highlight the facts and to discard non-factual assertions. 

Mayor pro tem Stern stated that the question should first be answered as to whether or not this landfill is safe for the community and its residents; that if it is not safe, that actions be taken to assure the safety of the community; and to determine if development on this site will create additional risk.

Mayor McTaggart stated that the approximately 400,000 gallons of water a day over the entire surface of the proposed golf course should be included in the equation of whether or not it would exacerbate any risk.

Mr. Stahl stated that the Sanitation District does extensive air monitoring at this site; that the concentrations are considered very low levels that are in accordance with AQMD standards.  Mr. Stahl reiterated that these reports are available to the public.

Councilman Gardiner, echoed by Councilman Clark, stated that the facts should be cleared up and presented in workshop settings and to include residents throughout the Peninsula.

Mayor McTaggart stated that the County needs to determine if this landfill is safe and proceed from that point.

Councilwoman Ferraro concurred that a determination should be made for the safety of this landfill and stated that a further determination will have to be made as to whether any development on this site will destabilize the protection system that’s in place.

Mr. Hummel noted his appreciation for the City Council’s discussion of this matter.

Ms. Davidson requested that the Final Closure Report for the landfill be made available for public review.

RECESS & RECONVENE

At 9:31 P.M., Mayor McTaggart declared a recess.  The meeting was reconvened at 9:39 P.M.     

PUBLIC COMMENTS

Lois Larue, 3136 Barkentine Road, stated that with regard to wind energy, Southern California Edison will continue to charge fees on their meters and wiring; and questioned if the City is planning to conduct geology testing before undergrounding activities take place in lower Abalone Cove.

In response to Ms. Larue’s comment concerning wind energy, Mayor McTaggart explained that the wind energy proposition is from Sacramento and that the City is still required to put it in place.

Resol. No. 2002-57 - Roof repair and replacement project

Councilman Gardiner moved, seconded by Councilwoman Ferraro, to waive staff report.  No objection was noted.

Staff recommendation was to (1) Award a contract for the repair and replacement of roofs on City-owned buildings to Commercial Roofing for an amount not to exceed $67,978 and authorize staff to spend an additional $6,797 for possible extra work for a total authorization of $74,775. (2) Authorize the Mayor and the City Clerk to execute a contract with Commercial Roofing. (3) Authorize the expenditure of up to $2,500 for inspection services with Charles Abbott Associates, Inc. (4) ADOPT RESOLUTION 2002-57, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2002-45, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2002-2003, FOR A BUDGET ADJUSTMENT TO THE CITY’S BUILDING REPLACEMENT FUND.

Director Allison explained that the lowest bid of $52,000 was deemed non-responsive because it did not provide a complete list of pricing on all of the required items.

City Attorney Lynch explained that the contract with Commercial Roofing would be legal due to the lowest bidder having been deemed a non-responsive bidder.

Mayor pro tem Stern moved, seconded by Councilman Gardiner, to concur with staff’s recommendation.  Motion carried on the following roll call vote:

            Ayes:  Stern, Clark, Ferraro, Gardiner & Mayor McTaggart

            Noes:  None

Open Space Planning And Recreation And Parks Task Force Scope Of Work and Funding Proposal

City Manager Evans presented staff report and the recommendation to approve a scope of work for the newly formed Open Space Planning, Recreation and Parks Task Force and establish a budget of $100,000 for contract assistance for the Task Force.

Councilman Clark suggested that the task force be provided the scope of work as outlined in staff report; that the task force be charged with placing a priority on this scope of work and present the list of suggested priorities and its proposal on the process and implementation of accomplishing those tasks to City Council sometime in October.

It was the consensus of the City Council that the task force provide a priority and operational timeline report by October; and that the City Council agreed that appropriating $100,000 from the reserves is unnecessary at this point in time; and that during the next 12-month period, funding for the operation of this task force will be provided incrementally, if necessary.

Mayor pro tem Stern concurred with Councilman Clark that the City Council adequately defined for the task force the general parameters which it needs to operate; that he believed that the seven suggested tasks to be accomplished in the staff report was a solid starting point; and that the task force provide its own suggestions on what should be added to the list.

Councilman Gardiner expressed caution in sponsoring field research or survey research – pointing out that the returns are routinely dismal; and he suggested holding a series of public meetings to obtain public input and to obtain information from comparable cities.

Councilwoman Ferraro suggested taking a look at the demographics and the need for input on what facilities might be needed.

Councilman Clark suggested that this matter be placed on the City’s website for public input.

City Manager Evans clarified that the City Council’s intent is to accept the suggested tasks 1 through 7 and to add an additional item that the task force identify its suggested list of priorities and present a timeline to the City Council for approval.

Councilman Clark moved, seconded Councilwoman Ferraro, to concur with the list of 7 tasks and to include an additional item that the task force identify its suggested list of priorities to be presented to City Council by October, including their own suggestions to focus on; that the task force is to develop its own process and prioritization of the tasks to be accomplished; and that the task force report back to the City Council by mid-October 2002 with a list of priorities to first accomplish.

Director Rosenfeld explained that some additional financial resources will be necessary to staff the task force; and stated that he will be the main staff liaison to the task force.

Councilman Gardiner suggested adding $25,000 as seed money to start this process.

Councilman Clark amended his motion to include $25,000 to assist staff with the startup of this project.  Councilwoman Ferraro concurred.  There being no objection, Mayor McTaggart so ordered.

City Manager Evans stated that a resolution would be presented to City Council that appropriates those funds and identifies the source of funding.

November 2002 Election: Term Limits Ballot Initiative

The recommendation was to approve a description of the Council’s request for citizen input regarding a possible November ballot initiative establishing term limits for posting on the City’s website.

City Manager Evans highlighted Councilman Clark’s suggestion that the question regarding term limits be placed on the City’s website to give it a little more exposure; and he solicited suggestions as to the wording to be placed on the website in regard to this matter.

Councilman Clark explained that his idea for putting this issue on the City’s website is to assist in gaining community input and to be able to clarify the question of should the Council sponsor a Term Limits ballot initiative on the November 2002 ballot. Councilman Clark said he viewed this as a public policy issue.

Mayor McTaggart stated that the potential costs for this ballot initiative should also be reflected on the website.

Mayor pro tem Stern questioned that should the initiative appear on the 2002 ballot, what are the implications.  He stated that one implication of being on the 2002 ballot is that the City will incur an additional cost because that will be an election that the City otherwise would not have conducted – pointing out that this can cost approximately $30,000 to $41,000.  He questioned that if the City delayed it to November 2003, what is the difference in the financial aspects and what is the difference in the sense of does it change any result in terms of when people are termed out.  Mayor pro tem Stern questioned if there is a difference in the impact if the City delays this to 2003.

City Attorney Lynch explained that dependent on the timing of what the County does, it could have an impact on the actual number of terms a candidate can serve; that the initiative becomes effective when the canvass of returns occurs and when it is certified, which typically happens on time; and that if it occurs prior to the installation of the Councilmembers, then any Councilmember who is  installed is subject to that provision. 

City Clerk Purcell advised that if the City Council wants this initiative on the November 2002 ballot, it would have to meet the August 6 deadline to adopt resolutions calling for an election.

Councilman Clark suggested refining Question No. 1, that should the answer be yes, term limits should be in place, that the cost of the 2002 initiative should be included, approximately $41,000; and that the approximate cost of a 2003  initiative should also appear.

Mayor pro tem Stern expressed his belief that there is no urgency in placing this matter on a November 2002 ballot; stated that delaying it would save several thousand dollars; and suggested only including Question No. 1 on the website, not the cost.

Mayor McTaggart questioned how the City can regulate/restrict the survey respondents to RPV residents only and how does the City obtain input from those who don’t use the Internet.

Councilman Gardiner concurred that there is no way to restrict the voting to RPV residents only and the number of times they vote online; and suggested that a decision be made to foster communication this evening or to continue this matter as is for another month until the City gets a sense of what the public is sending in for input. 

Councilman Gardiner expressed his desire that the cost of the ballot be included on the City’s website.

Mayor McTaggart expressed his belief that this issue is unnecessary, pointing out that the residents in this community can turn out a Councilmember when they want to.

Mayor pro tem Stern moved, seconded by Councilman Gardiner, that this issue not be placed on the November 2002 ballot, but rather the 2003 ballot if that is the community’s desire; and that the estimated cost of this initiative be placed on the website with Question No. 1, Should the City Council sponsor a term limits ballot initiative.

Mayor pro tem Stern suggested that City Manager Evans email to each City Councilmember his proposed wording for the website.

Following brief discussion, City Manager Evans stated that the wording would be presented at the next City Council meeting for City Council approval.

Amendment to City Council Policy No. 30

Director Rojas presented staff report and the recommendation to amend City Council Policy No. 30, thereby establishing a procedure for the removal of view covenants that have been recorded against properties, on a case-by-case basis.

Director Rojas stated for Mayor McTaggart that he has not yet received a signed agreement by the two parties (Scalfaro and Merrell) and that this covenant is technically still on file.

Councilwoman Ferraro moved, seconded by Councilman Gardiner, to concur with staff’s recommendation.

Councilman Clark questioned if there is a mechanism under which the City can make this cost neutral by implementing a policy.

City Attorney Lynch stated that staff is putting in a removal fee clause and clarifying that if a covenant is removed, the remedy resorts to view preservation.

City Manager Evans advised that with the view covenants, it is a civil matter between two property owners who bare all of the costs; that in the case where a   view covenant is removed and the property is subject to view preservation, the City bares all of the costs.

City Attorney Lynch stated that the City would require a trust deposit fee to cover the cost for removal.

There being no objection, Mayor McTaggart so ordered.

ORAL CITY COUNCIL REPORTS

Mayor McTaggart highlighted the topics which will be placed on the joint City Council/School Board workshop scheduled for July 18: Palos Verdes Drive South, operation and control of the construction area; playing fields/other facilities, need for more fields to support school athletic programs; recycling, city requirements and school district programs; beautification grants, how the city process may be used by the school district; and Eastview impacts, report on the impact of the legislated attendance option; and then public comments.

Mayor pro tem Stern announced that a new project schedule has been made for the Ocean Trails activities.

Councilman Clark announced that the Ocean Trails landslide repair is underway and that work will begin next week; that storm drain activity/construction will start early next week; stated that PV Drive South has been broken down into 3 phases; and that bids have gone out for Phase I and II.  Councilman Clark stated that the new master schedule is an excellent tool for tracking the progress at Ocean Trails.

RECESS & RECONVENE

At 11:00 P.M., Mayor McTaggart declared a recess.  The meeting reconvened at 11:07 P.M.

ORAL CITY COUNCIL REPORTS (cont’d)

Mayor McTaggart advised that the South Bay Cities gave a presentation on the Aviation Issues Committee and the potential impacts of the Hahn Non-Expansion Plan; stated that the COG budget was passed, with 3 negative votes; noted that RPV, PV Estates and Hawthorne voted no on the budget because the background information that was requested as far as the hours of attendance at meetings, etc., was never presented and that these three cities believed this information should have been presented prior to the vote on the budget. 

Mayor McTaggart advised that Caltrans has cut off all funds to SCAG for consultants; that no moneys can be spent on any COG consultants until an audit is performed by Caltrans - noting his belief that the concern lies with the number of consultants hired and the contracts that they dole out.

Mayor McTaggart stated that he will attend the COG Steering Committee meeting at Lomita City Hall; and advised that the meetings have been permanently moved from El Segundo to Lomita.  He added that a plaque was presented to Sandy Jacobs in appreciation of her service.

ADJOURNMENT:  Mayor McTaggart adjourned this meeting at 11:10 P.M.

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Mayor

Attest:

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City Clerk