M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
MARCH 20, 2001
The meeting was called to order at 7:00 P.M. by Mayor Lyon at Fred Hesse Community Park, 29301 Hawthorne Boulevard. After the Pledge of Allegiance, roll call was answered as follows:
PRESENT: Byrd, Stern, and Mayor Lyon
ABSENT: McTaggart, Ferraro
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; Director of Finance Dennis McLean; City Clerk/Administrative Services Director Jo Purcell; and, Deputy City Clerk/Recording Secretary Jackie Drasco.
Mayor Lyon presented Certificates of Recognition to members of the Palos Verdes Peninsula High School Academic Decathlon Team.
Additionally, the Mayor announced that the week of March 26 has been declared as Safe Communities Week in Los Angeles County.
The Mayor described the Neighborhood Watch volunteers appreciation luncheon held on March 10, with Sheriff Baca as the keynote speaker, and advised interested residents to call City Hall for more information on the Neighborhood Watch program.
The winner from the last drawing was Gloria Giuseppe Siriaco, who will receive a check for $250, which represents a year of free refuse service. Another card was selected.
The Mayor announced that there would be a free household hazard roundup at City Hall on Saturday, May 5. This roundup is open to all Los Angeles County residents.
APPROVAL OF AGENDA:
Councilman Stern moved, seconded by Councilman Byrd, to approve the agenda. Motion carried.
APPROVAL OF CONSENT CALENDAR:
Todd Anderson, 2 Masongate Drive, Rolling Hills Estates, CA 90274, representing the Palos Verdes Peninsula Girls Softball League, described the need for childrens recreational fields, particularly for girls softball. He asked that the Council consider allowing the use of lower Pt. Vicente Park for this purpose and restrict the agricultural lease to one year, giving the City time to review the potential development of recreational facilities.
Mayor Lyon requested that the Hatano agricultural lease item be removed from the Consent Calendar for discussion.
Councilman Stern moved, seconded by Councilman Byrd, to approve the Consent Calendar as follows:
Motion to Waive Full Reading
Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all councilmembers after the reading of the title.
Adopted the minutes of February 6 (as amended), February 28, March 1, and March 6, 2001.
Ordinance No. 362 - 2% @ 55 and One-Year Final Compensation Benefit Factor
ADOPTED ORDINANCE NO. 362, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM FOR 2% @55 AND ONE-YEAR FINAL COMPENSATION RETIREMENT BENEFITS. (This ordinance was introduced on February 20, 2001.)
Resol. No. 2001- 25 - Agreement to Transfer Community Development Block Grant (CDBG) Funds from the City of Rolling Hills to the City of Rancho Palos Verdes for FY 2001-2002 (1101 x 1202)
(1) Accepted the transfer of $14,293 in Community Development Block Grant (CDBG) funds for FY 2001-2002 from the City of Rolling Hills. (2) ADOPTED RESOLUTION NO. 2001-25, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING AND AUTHORIZING AN ASSIGNMENT AGREEMENT BETWEEN THE CITY OF ROLLING HILLS AND THE CITY OF RANCHO PALOS VERDES REGARDING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FY 2001-2002. (3) Authorized the City Manager and the City Clerk to execute the Agreement with the City of Rolling Hills.
Shared Use of City Radio Frequencies (1101)
Approved the City of El Montes request to share the Citys talk-in frequency, subject to implementation of the safeguards suggested by El Montes consultant, and directed staff to renew the FCC license for an additional term.
Resol. No. 2001-26 - Peninsula Seniors Grant (1101 x 602)
ADOPTED RESOLUTION NO. 2001-26, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE CALIFORNIA DEPARTMENT OF AGING TO OBTAIN A $25,000 GRANT FOR THE PENINSULA SENIORS.
Resol. No. 2001-27 - Register of Demands (602)
ADOPTED RESOLUTION NO. 2001-27, 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 carried on the following roll call vote:
AYES: Byrd, Stern, and Mayor Lyon
ABSENT: McTaggart, Ferraro
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New Agricultural Lease with James Hatano on the Upper and Lower Point Vicente Properties (1101 x 1109 x 1201)
Assistant City Manager Petru presented the staff report of March 20, 2001 and the recommendation to (1) Approve new agricultural leases with James Hatano for the Upper and Lower Point Vicente properties. (2) Authorize the Mayor and the City Clerk to execute the lease agreements.
Council discussion focused on whether the 30 days notice to terminate the lease by either party should be increased because of Mr. Hatanos crop planting and harvesting or whether to leave it at 30 days inasmuch as the City may have to move quickly on the soil cleanup at Pt. Vicente Interpretative Center. Council consensus was to maintain the 30 days notice.
Councilman Stern moved, seconded by Councilman Byrd, to adopt the staff recommendation. Motion carried.
Resol. No. 2001-28 - Application for a Household Hazardous Waste Grant, Fiscal Year 2000-2001 (1204 x 602 x 1402)
Director Allison presented the staff report of March 20, 2001 and the recommendation to (1) Adopt the proposed resolution Authorizing staff to submit an application for a Household Hazardous Waste (HHW) Grant, Fiscal Year 2000-2001, to establish a Door-To-Door Household Hazardous Waste Collection Program, with the City Of Rancho Palos Verdes acting as lead agency for a regional program. (2) Authorize the use of Curbside Inc. as the contractor providing the collection of household hazardous waste material related to this grant. (3) Authorize the use of Huls Environmental Management, LLC, as the consultant providing administrative, monitoring, reporting, and coordinating functions related to this grant.
Council inquiries centered on the adequacy of the contractors insurance coverage and the safeguarding of hazardous material left out for pickup.
Jaime Lozano, consultant from Huls Environmental Management LLC, described the procedure for safeguarding against contact by a third party, which included sending a container in which to place the material and specifying a specific day and time frame for pickup. He said that there would not be a pickup until there were several requests and that a $10 co-pay by the resident would discourage abusing the system with frequent, small pickups.
Council discussion focused on the cost to the City of $95 per pickup, which would be paid by the grant; whether it would be more practical to specify a regular pickup time for all residents every few months rather than making pickups based on requests; the need for public education through the City Newsletter, website, schools, flyers in billing for refuse service; the estimated annual cost to the City of $15,000 from the Solid Waste Fund to continue the program once the 22-month grant was depleted; and, the review by Council before the plan is implemented.
Councilman Stern moved, seconded by Councilman Byrd, to (1) ADOPT RESOLUTION NO. 2001-28, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING STAFF TO SUBMIT AN APPLICATION FOR A HOUSEHOLD HAZARDOUS WASTE (HHW) GRANT, FISCAL YEAR 2000-2001, TO ESTABLISH A DOOR-TO-DOOR HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, WITH THE CITY OF RANCHO PALOS VERDES ACTING AS LEAD AGENCY FOR A REGIONAL PROGRAM. (2) Authorize the use of Curbside Inc. as the contractor providing the collection of household hazardous waste material related to this grant. (3) Authorize the use of Huls Environmental Management, LLC, as the consultant providing administrative, monitoring, reporting, and coordinating functions related to this grant. Motion carried.
Rowland Driskoll, 30 Via Capri, inquired about the completion and availability of the marketing and feasibility study being performed for the proposed Long Point project. He said that this was to be reviewed by the Finance Advisory Committee but their last meeting had been canceled. He was concerned that this report was to be part of the EIR and the next Finance Advisory Committee was scheduled for April 6, after the end of the public comment period for the EIR.
City Manager Evans reported that the Finance Advisory Committee meeting had been canceled because the report was not yet complete and confirmed that when it was ready, it would be made available to the public, including being on the Citys website. He said that the EIR was concerned with land use issues, not finance, so there was no conflict with the deadline for submitting public comment on the EIR.
Lois Larue, 3136 Barkentine Road, spoke in opposition to the temporary structure built on Portuguese Point as a set for a movie and felt that a committee should be formed to set up rules for use of property for filming. She also was opposed to any guns or explosives used for filming in the City.
Don Shults, 2129 Velez Drive, made reference to the recent successful campaign to allow children who live in the Eastview portion of the City to attend Peninsula schools. He said, however that the permission did not extend to the special education preschool program and that there was an Eastview child whose parents wanted to take advantage of this program. He indicated that there was a bill in Sacramento to extend the option to children younger than kindergarten but that the Palos Verdes Peninsula Unified School District board was opposing it. He said that he was disappointed in the boards opposition and they explained to him that they had not been received funds owed to them by the State for expenses related to the first bill, such as re-opening Dapplegray School.
ORAL CITY COUNCIL REPORTS:
Councilman Stern remarked that it was wonderful to see such a large group of people attending the Neighborhood Watch volunteers appreciation luncheon, showing the support behind this excellent program.
Mayor Lyon reported on her trip to Washington DC with Director Rojas to discuss the NCCP and its funding.
City Attorney Lynch said that it was necessary to add a fourth item to the Closed Session regarding the Rancho Palos Verdes v. Chiles lawsuit which currently is in trial in the Superior Court, and needs immediate action which could not wait until the next Council meeting, because the trial will resume prior to the next City Council meeting. She indicated that unanimous approval of the Council was required to add this item to the Closed Session agenda.
Councilman Stern moved, seconded by Councilman Byrd, to add said item. The motion carried unanimously (Ferraro and McTaggart absent).
Recess to Closed Session. At 7:50 P.M., the Council recessed to a closed session.
Reconvene: The meeting reconvened at 8:15 P.M.
Closed Session Report
Regarding Olson v. Rancho Palos Verdes, the Council unanimously authorized (Ferraro and McTaggart absent) City Attorney Lynch to defend all named parties, which include the City, Mayor Lyon, and the entire City Council. Regarding McCaul v. RPV, City Attorney Lynch reported that the Council unanimously approved (Ferraro and McTaggart absent) signing a tolling agreement to waive the statute of limitations on litigation. Regarding potential litigation against LAWA and the FAA, the Council unanimously authorized (Ferraro and McTaggart absent) City Attorney Lynch to file a lawsuit on behalf of Rancho Palos Verdes, along with Hermosa Beach and Redondo Beach, to obtain public records. Regarding the added item, Rancho Palos Verdes v. Chiles, City Attorney Lynch provided the Council with a status report and the Council unanimously approved (Ferraro and McTaggart absent) the terms of a potential settlement with Mr. Chiles.
Adjournment: Adjourned at 8:15 P.M. on motion of Mayor Lyon to Saturday, March 24, at 9:00 A.M. for a Council Goal Setting workshop in the Community Room at City Hall.
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