City Council Minutes 07/03/2001 RPV, City, Council, Minutes, 2001, Meeting RPV City Council Minutes for the 07/03/2001 Meeting Rancho Palos Verdes City Council Minutes July 3, 2001

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

July 3, 2001

The meeting was called to order at 7:01 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:Ferraro, McTaggart, Stern, and Mayor Lyon

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; Director of Finance Dennis McLean; Director of Administrative Services/City Clerk Jo Purcell; and, Recording Secretary Arlene Jaentsch.

CEREMONIAL MATTERS:

In appreciation for his service to the Community and outstanding contributions to the county, Councilman Byrd was presented with a proclamation from the Los Angeles County Board of Supervisors, in addition a Certificate of Recognition was presented by the Palos Verdes Transit Authority for Councilman Byrdís input on transit service and fiscal management advice. Letters of appreciation were read by Mayor Lyon from State Senator Betty Karnette and Assemblyman Alan Lowenthal. A tile commemorating Councilman Byrdís years of service to the City was presented by Mayor Lyon.

RECESS: At 7:30 p.m Mayor Lyon declared a recess.

The meeting reconvened at 7:49 p.m.

RECYCLING DRAWING:

There was no winner for this meeting.

APPROVAL OF AGENDA:

Councilman Stern moved, seconded by Councilwoman Ferraro, to approve the agenda. Motion carried.

APPROVAL OF CONSENT CALENDAR:

The April 2001 Treasurerís report was removed from the consent calendar because an attachment was missing. The report will be brought back at the next meeting.

Councilwoman Ferraro moved, seconded by Councilman Stern 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.

Minutes of June 5, June 16, June 19, and June 20, 2001

Approved the Minutes.

Notice of Completion for 2000-2001 Residential Overlay and Slurry Seal Program

(1) Accepted the work as complete. (2) Authorized the City Clerk to record a 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 bond. (3) Authorized the Director of Public Works to release the 10% retention payment to Silvia Construction, Inc. 35 days after recordation of the Notice of Completion by the County Recorder contingent on no claims being filed on the project.

One-Year Extension of Agreement with Gary Amo for Public Information Services

Approved a third one-year extension of the Agreement with Gary Amo for Public Information Services and authorized the Mayor and the City Clerk to execute the agreement extension.

Traffic Signal Installation on Crest Road at Highridge Road

(1) Approved the Plans and Specifications for the traffic signal installation on Crest Road at Highridge Road. (2) Awarded a construction contract to Dynalectric, Inc. for an amount not to exceed $99,400, and authorized staff to spend an additional $10,600 for possible extra work for a total authorization of $ 110,000. (3) Authorized the Mayor and the City Clerk to execute a contract with Dynalectric, Inc. (4) Authorized the expenditure of up to $110,000 for construction inspection and administration services.

Claim Against the City by Michael Tahbaz

Rejected the claim and directed the City Clerk to notify the claimant of Councilís action.

Resol. Nos. 2001-47, 48, and 49; November 6, 2001 General Municipal Election

Adopted the following resolutions: RESOL. NO. 2001-47, November 6, 2001 General Municipal Election (1) CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 6, 2001, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; (2) RESOL. NO. 2001-48, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2001; and, (3) RESOL. NO. 2001-49, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE OF AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 6, 2001.

City Investment Policy Ė Fiscal Year 2001-2002

Adopted the Fiscal Year 2001-2002 investment policy for the City of Rancho Palos Verdes.

Loan Agreement Between the City and the RDA

Authorized the Mayor and the City Clerk to execute the proposed Loan Agreement between the City and the Rancho Palos Verdes Redevelopment Agency.

Resol. No. 2001-50 - Register Of Demands

ADOPTED RESOLUTION NO. 2001-50, 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.

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PUBLIC COMMENTS:

Lois Larue, 3136 Barkentine Rd., referred to the recent Slurry Seal project and other Public Works projects and the funding involved.

Filling Vacancy on the City Council

City Attorney Lynch gave a summary of the staff report and the staff recommendation that if Councilmember Byrd resigns from the City Council, the Council should determine at the July 3rd City Council meeting whether to appoint an individual to serve the remainder of Councilmember Byrdís term, and should the Council wish to do so, the Council should make the appointment at that meeting.

Eric Paris, 29234 Stadia Hill Lane, stated two reasons for appointment, to assure a quorum and as a trial period for the people to evaluate the performance of whomever is appointed before the election. He encouraged the Council to appoint an interim member.

Tom Redfield, 31273 Ganado, spoke in favor of leaving the Council seat vacant until the November 6 election decides who the people think should be there. He felt that appointment was an unfair advantage to whoever was selected.

Gil Alberio, 2177 Rocking Horse Road , presented his views as a candidate for appointment and as a candidate for the November election. He expressed his opinion that although it would be a tough decision the Council should appoint someone so that there would be five members.

Council discussion focused around appointment or waiting until the election or calling a special election. The majority expressed the opinion that it would be best to appoint someone to fill the vacant seat to assure that there would be a quorum for future meetings. After some discussion it was decided to vote for candidates nominated by Council members. Council nominated candidates as follows:

Council Member

Nominee

Stern

Stefan Wolowicz

McTaggart

Eric Paris

Ferraro

Gil Alberio

Lyon

Peter Gardiner

Councilman Stern nominated Stefan Wolowicz a member of the Finance Advisory Committee with an excellent background who is also a C.P.A.

Mayor Pro Tem McTaggart nominated Eric Paris who in the last election got the next to the most votes for a seat on the Council.

Councilwoman Ferraro nominated Gil Alberio who has served on Planning Commission and the View Restoration Commission.

Mayor Lyon nominated Peter Gardiner, who has served as a Trustee for the Palos Verdes Peninsula Unified School District.

Ballots were distributed by City Clerk Purcell and she explained the voting procedure and that this would not be a secret ballot.

In the first round each Council member voted for their nominated candidate. In the second round. Peter Gardiner was elected by a vote of three, Councilman Stern voted for his nominated candidate.

Immediately following the vote City Clerk Purcell administered the oath of office to Peter Gardiner.

Councilman Gardiner accepted the office and thanked the Council for their votes and stated that he would listen well to fellow citizens and do his best to represent the views and interests of the residents of Rancho Palos Verdes.

The Council welcomed Council member Gardiner, thanked the other candidates and expressed appreciation to everyone who came forward to serve the City as a volunteer for the Council seat.

Ordinance No. 363 Amending Traffic Code Ė Repeal of "For Sale Sign" Prohibition

City Attorney Lynch gave the staff report and the recommendation to

Introduce Ordinance No. 363 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING REGULATIONS RELATING TO PARKING VEHICLES FOR SALE ON PUBLIC STREETS AND AMENDING TITLE 10 OF THE RANCHO PALOS VERDES MUNICIPAL CODE.

Donald Jones, 5511 Eau Clair Drive, referred to a citation he received for having a "For Sale" sign in his car. He said that a Los Angeles County court had overturned the previous ordinance, and stated that he supports the right of an individual to sell an auto and urged the Council to introduce the Ordinance.

Council discussion centered on signage. City Attorney Lynch explained that this Ordinance would only affect signs affixed to vehicles and would not affect signs on property. Councilmember Stern moved, seconded by Mayor Pro Tem McTaggart to introduce the Ordinance.

Motion carried on the following roll call vote:

AYES:Ferraro, McTaggart, Stern, and Mayor Lyon

NOES:None

ABSTAIN:Gardiner

PUBLIC COMMENTS:

Vic Quirarte, 29369 Quailwood, spoke in opposition to the proposed softball fields at the Lower Point Vicente location as well as the proposed golf course at the City Hall site. He expressed dissatisfaction with Destination Resorts and said that he thinks the City Council and the Mayor run the City not Destination Resorts.

Alan White, 32614 Coastsite Drive, a docent at the Interpretive Center for ten years, told the Council that school tours and children fascinated by the whales, tourists from all over and the citizens of RPV, make heavy use of the Interpretive Center. He urged the Council to refuse to consider offers made by Destination Resorts.

Lois Larue, 3136 Barkentine Road, said that she had called City Hall with many questions about the Register of Demands and commended Assistant City Manager Petru for answering these questions.

REGULAR BUSINESS:

Ordinance No. 364 - Prohibiting Hunting on Public Land

City Attorney Lynch gave the Staff Report and the recommendation to INTRODUCE ORDINANCE NO. 364 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING REGULATIONS PROHIBITING HUNTING ON CITY PROPERTY AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE

Lois Larue, 3136 Barkentine Road, had read in the staff report about the use of sling shots. She referred to a recent movie being made with guns in RPV and wanted a resolution against them too. City Attorney Lynch explained that there already was an Ordinance against the use of guns in Rancho Palos Verdes.

Councilman Stern moved, seconded by Mayor Pro Tem McTaggart to introduce Ordinance No. 364.

Motion carried on the following roll call vote:

AYES:Stern, Ferraro, McTaggart, Gardiner and Mayor Lyon

NOES:None

Ordinance No. 365 - Animal Control Ordinance

City Attorney Lynch gave the Staff Report and the recommendation to INTRODUCE ORDINANCE NO. 365 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE TITLE 10, ANIMALS, OF THE LOS ANGELES COUNTY CODE AND AMENDING CHAPTER 6.04 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. (2) Direct the City Clerk to set a public hearing on the adoption of this Ordinance at the City Council meeting on August 7, 2001, and to publish notice according to Government Code Section 50022.3.

City Attorney Lynch stated that this is introduction of the County code by reference and that there will be a public hearing before it is adopted. Council Inquired about the county contract and expiration date, which runs for another two years. Citizens have to go to the pound in Carson and it is difficult for some. The county had offered to put shelters closer but individual cities would have to provide the funding.

Councilman Stern moved, seconded by Councilwoman Ferraro to introduce Ordinance No. 365. Motion carried on the following roll call vote:

AYES:Stern, McTaggart, Ferraro, Gardiner and Mayor Lyon

NOES:None

RECESS:

City Council Assignments

City Clerk Purcell gave the staff report and the recommendation to assign Council members to various committee seats upon the resignation of Councilman Byrd.

Council consensus was to discuss this item at a future meeting.

Pre-Ordering of Drainage Pipe and Issuance of a Notice of Exemption for the San Ramon Drainage and Landslide Stabilization Project.

Assistant City Manager Petru gave the Staff Report and the recommendation to (1) Based on the facts set forth in this report, find that an emergency exists which will not permit a delay resulting from a competitive solicitation for bids, and that the actions requested in numbers 1 and 2 were necessary to respond to the emergency. (2) Authorize staff to conduct an informal bid process and pre-order HDPE drainage pipe for an estimated cost of $50,000. (2) Adopt the Notice of Exemption for the San Ramon Drainage and Landslide Stabilization Project and direct staff to post notice of this action as required by law.

Council discussed the availability of the pipe. Assistant City Manager Petru explained that distributors are scarce and that after ordering there would be a six weeks wait for delivery. Council stated that they have known about this for about a year and that this item was put in the budget.


Councilman Stern moved, seconded by Mayor Pro Tem McTaggart to approve the staff recommendation. Motion carried on the following roll call vote:

AYES:Stern, McTaggart, Ferraro and Mayor Lyon

NOES:None

ABSTAIN:Gardiner

CLOSED SESSION REPORT:

City Attorney Lynch reported on closed session items as follows. For the Pt. Vicente Interpretive Center item, Council unanimously voted to approve a tolling agreement. Council also approved a second tolling agreement with Chandler landfill, voting unanimously for a 90-day agreement.

On the second item Olson v. R.P.V., Council approved the settlement agreement in exchange for waving of the appeal.

The third item, R.P.V. v. Chiles, Council unanimously approved the settlement agreement at $150.00 per parcel, the same amount as previously paid for sewer easement.

ORAL CITY COUNCIL REPORTS: Mayor Pro Tem McTaggart reported on the recent meeting of the County Contract Oversight Committee and the Liability Trust Fund.

ADJOURNMENT: Meeting adjourned at 9:13 p.m. on the motion of Mayor Lyon.

 

____________________

MAYOR

ATTEST:

______________________

CITY CLERK

 

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