City Council Minutes 08/07/2001 RPV, City, Council, Minutes, 2001, Meeting RPV City Council Minutes for the 08/07/2001 Meeting Rancho Palos Verdes CIty Council Minutes August 7, 2001

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

AUGUST 7, 2001

The meeting was called to order at 7:10 P.M. by Mayor Lyon at Fred Hesse Community Park, 29301 Hawthorne Boulevard.

After the Pledge of Allegiance which was led by United States Naval Sea Cadets Petty Officer Alejandro Ruiz, Seaman Vanessa Ruiz, and Seaman Recruit Mario Lucero, roll call was answered as follows:

PRESENT: Ferraro, Gardiner, McTaggart, and Mayor Lyon

ABSENT: Stern

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; Accounting Manager Kathryn Downs; City Clerk/Administrative Services Director Jo Purcell; and, Deputy City Clerk/Recording Secretary Jackie Drasco.

RECYCLING DRAWING:

The winner from the last drawing was Victor Teresinski, who will receive a check for $250, which represents a year of free refuse service. Another card was selected.

APPROVAL OF AGENDA:

Mayor Pro Tem McTaggart moved, seconded by Councilmember Gardiner, to approve the agenda, as amended. Motion carried.

APPROVAL OF CONSENT CALENDAR:

Councilmember Gardiner asked that the item regarding Adoption of Ordinance No. 368 Adopting the Abalone Cove Sewer Maintenance Fee and Informal Bid and the item regarding the Pre-Ordering of HDPE and RCP Pipe for the San Ramon Drainage and Landslide Stabilization Project be removed from the Consent Calendar for discussion before the item regarding Pre-Ordering of Drainage Pipe for Immediate Storm Drain Repairs near Palos Verdes Drive South and Peppertree Drive.

Lois Larue, 3136 Barkentine Road, spoke about the Cityís investment policy and the Minutes of July 3.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart, to approve the amended Consent Calendar as follows:

Mayor Lyon suggested a correction to the Minutes of July 3. City Clerk Purcell said that the change would be made.

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 (301)

Adopted the Minutes of July 3 and July 17, 2001.

Claim Against the City by Barbara Zuliani and Candy Rice

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

Ordinance No. 366 Adopting Code Amendment No. 49 - Equestrian Overlay District

ADOPTED ORDINANCE NO. 366 - AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES TO ADOPT AN AMENDMENT TO CHAPTER 17.46 (EQUESTRIAN OVERLAY (Q) DISTRICT) OF TITLE 17 OF THE CITYíS MUNICIPAL CODE. (This ordinance was introduced on July 17.)

Notice of Completion for the Palos Verdes Drive East and Bronco Drive Storm Drain Project

(1) Approved a second and final Change Order in the amount of $59,272. (2) Accepted the work as complete. (3) Authorized the City Clerk to record the Notice of Completion with the County Recorder; and if no claims are filed 35 days after the recordation, notify the surety company to exonerate the Payment and Performance Bonds. (4) Authorized the Director of Public Works to release the 10% retention payment to Excel Paving 35 days after recordation of the Notice of Completion by the County Recorder contingent on no claims being filed on the project.

Professional Services Agreement with Willdan for Temporary Professional Planning Services

Reviewed and approved the proposed Professional Services Agreement between the City and Willdan for temporary planning staffing for the Planning, Building and Code Enforcement Department, and authorized the Mayor and the City Clerk to sign the agreement.

Resol. No. 2001-53 - Register of Demands

ADOPTED RESOLUTION NO. 2001-53, 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, McTaggart, and Mayor Lyon

NOES: None

ABSENT: Stern

ABSTAIN: Ferraro on the Minutes of July 17 because she absent from that meeting.

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PUBLIC HEARING:

Adopt Ordinance No. 365 Amending Animal Control Ordinance

Mayor Lyon opened the public hearing on this request to Adopt Ordinance No. 365. City Clerk Purcell announced that notice had been duly published and that there were no written comments received by the City.

City Manager Evans presented the staff report of August 7, 2001 and the recommendation to adopt the proposed ordinance adopting by reference Title 10, Animals, of the Los Angeles County Code and amending Chapter 6.04 of the Rancho Palos Verdes Municipal Code.

Council discussion centered on the 50% license fee increase which might be significant to some residents; changes to the procedure which required that a "Vicious Dog" appeal be handled by a court instead of by the City Managerís Office; who would pay for legal fees when a matter goes to court; the Countyís requirement that the City accept all provisions of its code to allow uniform enforcement by their representatives in all cities it services for animal control; and, the need for a simple pamphlet, possibly with a flow chart, to clearly explain the procedure to residents.

There being no response to the Mayorís call for testimony, she declared the hearing closed.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart, to ADOPT ORDINANCE NO. 365. ADOPTING BY REFERENCE TITLE 10, ANIMALS, OF THE LOS ANGELES COUNTY CODE AND AMENDING CHAPTER 6.04 OF THE RANCHO PALOS VERDES MUNICIPAL CODE.

The motion carried on the following roll call vote:

AYES: Ferraro, Gardiner, McTaggart, and Mayor Lyon

NOES: None

ABSENT: Stern

Ordinance No. 368 - Adopting the Abalone Cove Sewer Maintenance Fee

Staff recommendation was to adopt the proposed Ordinance Amending The Rancho Palos Verdes Municipal Code By Adding New Chapter 13.06 Establishing Sewer Maintenance Fees For The Abalone Cove Sewer System. (This ordinance was introduced on July 17.)

Council discussion centered on the expected life of the equipment, cost and funding sources for maintenance and spare parts and provisions to avoid system shutdown in the event of power outages.

Councilmember Gardiner moved, seconded by Mayor Pro Tem McTaggart, TO ADOPT ORDINANCE NO. 368 AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING NEW CHAPTER 13.06 ESTABLISHING SEWER MAINTENANCE FEES FOR THE ABALONE COVE SEWER SYSTEM.

The motion carried on the following roll call vote:

AYES: Ferraro, Gardiner, McTaggart, and Mayor Lyon

NOES: None

ABSENT: Stern

Informal Bid and Pre-Ordering of HDPE and RCP Pipe for the San Ramon Drainage and Landslide Stabilization Project

Staff recommendation was to review and reconfirm by a four-fifths vote, the Councilís previous action on July 17, 2001, to authorize staff to conduct an informal bid process and pre-order HDPE and RCP drainage pipe for the San Ramon Drainage and Landslide Stabilization Project.

Council discussion focused on the advantage of purchasing the pipe for this project along with the pipe for the Immediate Storm Drain Repairs near Palos Verdes Drive South and Peppertree Drive even though the items would be discussed and approved separately.

Councilmember Gardiner moved, seconded by Mayor Pro Tem McTaggart, to reconfirm by a four-fifths vote, the Councilís previous action on July 17, 2001, to authorize staff to conduct an informal bid process and pre-order HDPE and RCP drainage pipe for the San Ramon Drainage and Landslide Stabilization Project.

REGULAR BUSINESS:

Pre-Ordering of Drainage Pipe for Immediate Storm Drain Repairs near Palos Verdes Drive South and Peppertree Drive

Director Allison presented the staff report of August 7, 2001 and the recommendation to

(1) Find that an emergency exists which will not permit a delay resulting from a competitive solicitation for bids, and that the following actions are 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 $35,000. (3) Adopt the proposed resolution Amending Resolution No. 2001-43, the Budget Appropriation for Fiscal Year 2001-2002, for a Budget Adjustment to the Cityís Capital Improvement Projects Fund.

Council discussion centered on the discovery of this problem during an inspection, revegetation and road repairs necessary because of the repairs; alternative types of pipes and the reasons for selecting the material being purchased; and, a suggestion that a blanket purchase order be prepared in the hope of stabilizing a price for future pipe purchases.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart, to (1) Find that an emergency exists which will not permit a delay resulting from a competitive solicitation for bids, and that the actions taken below are 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 $35,000. (3) ADOPT RESOLUTION NO. 2001-54, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2001-43, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2001-2002, FOR A BUDGET ADJUSTMENT TO THE CITYíS CAPITAL IMPROVEMENT PROJECTS FUND.

The motion carried on the following roll call vote:

AYES: Ferraro, Gardiner, McTaggart, and Mayor Lyon

NOES: None

ABSENT: Stern

Approve Process for Handling "Border Issues"

City Manager Evans presented the staff report of August 7, 2001 and the recommendation to consider establishing a process for City Council involvement in issues involving development, or other activities, proposed for adjacent communities that may affect residents of Rancho Palos Verdes.

Council discussion focused on the importance of considering cumulative impact of projects; the concept of Council bringing up projects to be discussed rather than staff because they are out in the community and talking to residents; the suggestion to use maps to pinpoint project locations to indicate cumulative impact; the influence of the Council to comment or change projects in other jurisdictions and specific actions which can be taken; the need to have written documentation of objection if the City wishes to file a lawsuit later; the suggestion that a written procedure will be helpful when the membership on the ad hoc committee changes; the reasons this situation lends itself better to an ad hoc committee rather than a standing committee;

City Attorney Lynch indicated that it was sometimes hard to determine the status of a development because it was not always clear if a Notice of Determination had been recorded with the County.

April Sandell, 28026 Pontevedra Drive, expressed thanks to the Council for their interest, and suggested that staff develop a checklist to indicate when constitutional rights had been violated or laws broken and then bring those concerns to the Councilís attention. She said that mixed-use projects were becoming more common and development could not be stopped but safeguards could be in place.

Don Shults, 2129 Velez Drive, representing Rolling Hills Riviera Homeowners Association, expressed his appreciation for the Councilís support and hoped that since the new Mayor of the City of Los Angeles and the new Los Angeles City Councilmember both live in San Pedro, they would be receptive to the problems being investigated by the ad hoc committee. He said that cumulative impact was very important and that it was critical to address problems in the early stages of development.

Councilmember Gardiner moved, seconded by Councilwoman Ferraro to: (1) Direct staff to establish a process, which includes consideration of cumulative impact, for most effective City Council involvement in issues involving development, or other activities, proposed for adjacent communities that may affect residents of Rancho Palos Verdes. (2) Direct staff to write a letter to the County advising Supervisor Knabe that the County Community Development staff is failing to notify adjoining property owners of pending projects.

RECESS & RECONVENE:

At 8:50 P.M., Mayor Lyon declared a recess. The meeting reconvened at 9:00 P.M.

PUBLIC COMMENTS:

Eric Paris, 27234 Stadia Hill Lane, described what he considered to be unacceptable behavior at a recent Planning Commission meeting. He also said that he was told that since Planning Commission minutes had been scanned onto the CDs that hard copies were no longer available.

City Clerk Purcell reported that hard copies were still available at City Hall.

Lois Larue, 3136 Barkentine Road, reiterated her request that the Cityís GPS system be named the Lee Byrd Global Positioning System because of his efforts in having Magnavox donate the system to the City.

Discussion of November 6 General Municipal Election Ballot Measures

City Attorney Lynch presented the staff report of August 7, 2001 and the recommendation to take whatever action Council deemed necessary, including adoption of appropriate resolutions. She also related the recent court decisions necessitating this action.

Mayor Lyon stated that even though Councilman Stern was not present he had verbally expressed his wish to have these two measures appear on the ballot for the election on November 6, 2001.

Council discussion centered on the requirement to take this action because of a court decision; the fact that these taxes had been in place since 1991 for the Transient Occupancy Tax and for the Golf Tax since 1993 and that the election would enable the people to ratify these taxes and remove the risk of litigation; ratification by the residents was preferable to depending on a development agreement; the printing cost to put these measures on the ballot; the fact that a 10% hotel occupancy tax is fairly standard; that the Los Verdes County golf course is exempt from the golf tax; and, the preference for the word "ratify" instead of "validate" which was used in the proposed resolutions.

City Attorney Lynch clarified that the Council could request that the percentages for these taxes be increased on the ballot but it was recommended that the voters be asked to simply ratify the percentages already in place.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart to ADOPT RESOLUTION NO. 2001-55, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDERING THAT A PROPOSITION RELATED TO THE TRANSIENT OCCUPANCY TAX BE SUBMITTED TO THE VOTERS AT THE REGULAR MUNICIPAL ELECTION ON NOVEMBER 6, 2001

The motion carried on the following roll call vote:

AYES: Ferraro, Gardiner, McTaggart, and Mayor Lyon

NOES: None

ABSENT: Stern

Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart, to ADOPT RESOLUTION NO. 2001-56, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDERING THAT A PROPOSITION RELATED TO THE CITYíS GOLF TAX BE SUBMITTED TO THE VOTERS AT THE REGULAR MUNICIPAL ELECTION ON NOVEMBER 6, 2001.

The motion carried on the following roll call vote:

AYES: Ferraro, Gardiner, McTaggart, and Mayor Lyon

NOES: None

ABSENT: Stern

Council discussion next centered on the additional resolutions to be adopted; suggestions for clarification regarding the original dates and percentages of these taxes; and, the lack of impact of Propositions 62 and 218 depending on when the taxes were originally instituted.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart, to ADOPT RESOLUTION NO. 2001-57, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT THE NOVEMBER 6, 2001 GENERAL MUNICIPAL ELECTION.

The motion carried on the following roll call vote:

AYES: Ferraro, Gardiner, McTaggart, and Mayor Lyon

NOES: None

ABSENT: Stern

Councilwoman Ferraro moved, seconded by Councilmember Gardiner to ADOPT RESOLUTION NO. 2001-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.

The motion carried on the following roll call vote:

AYES: Ferraro, Gardiner, McTaggart, and Mayor Lyon

NOES: None

ABSENT: Stern

Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart to ADOPT RESOLUTION NO. 2001-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.

The motion carried on the following roll call vote:

AYES: Ferraro, Gardiner, McTaggart, and Mayor Lyon

NOES: None

ABSENT: Stern

Ordinance No. 369 - Making Minor Amendments to the Cityís transient Occupancy Tax

City Attorney Lynch presented the staff report of August 7, 2001 and the recommendation to introduce the proposed Ordinance Amending Chapter 3.16.030 of the Rancho Palos Verdes Municipal Code Relating to a Transient Occupancy Tax. She described minor changes to update the code and said that an urgency ordinance was not necessary.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart, to INTRODUCE ORDINANCE NO. 369 AMENDING CHAPTER 3.16.030 OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO A TRANSIENT OCCUPANCY TAX.

The motion carried on the following roll call vote:

AYES: Ferraro, Gardiner, McTaggart, and Mayor Lyon

NOES: None

ABSENT: Stern

Adoption of an Ordinance Making Minor Amendments to the Cityís Golf Tax

City Attorney Lynch recommended that this item be continued to a future Council meeting.

CITY COUNCIL REPORTS:

Councilmember Gardiner expressed appreciation to persons who gave their time to assist him in gaining perspective; mentioned that he had meet with the Homeowners Association Council; and, complimented the United States Naval Sea Cadets on their flag ceremony.

Mayor Lyon reported on her League of California Cities monthly dinner meeting and agreed it was good to have participation by the youth of the community.

Mayor Pro Tem McTaggart gave details of a meeting with Assemblymember Alan Lowenthal at which a number of subjects of importance to the City were discussed.

ADJOURNMENT: Adjourned at 9:45 P.M. on motion of Mayor Lyon.

____________________

MAYOR

ATTEST:

______________________

CITY CLERK