City Council Minutes 07/02/2002 RPV, City, Council, Minutes, 2002, Meeting RPV City Council Minutes for the 07/02/2002 Meeting 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 (301)

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 (303)

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

Notice of Completion for the Fiscal Year 2001-2002 Arterial Rehabilitation Program (1204 x 1405)

(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 (1203 x 1601 x 1801)

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 (1203 x 1806)

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) (1203 x 1804)

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 (602 x 1101)

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 (602)

Received and filed.

Appeal of Height Variation No. 930 and Grading Permit No. 2279 (1203 x 1801)

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 (602)

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 (301 x 1806)

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. (602 x 1101)

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 (1206)

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) (1206)

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 (1101 x 1202)

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 (1101 x 605)

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.

/s/ John C. McTaggart

MAYOR

ATTEST:

/s/ Jo Purcell

CITY CLERK