City Council Minutes 10/01/2002 RPV, City, Council, Minutes, 2002, Meeting RPV City Council Minutes for the 10/01/2002 Meeting
M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
OCTOBER 1, 2002

The meeting was called to order at 7:05 P.M. by Mayor McTaggart at Cornerstone School, 6069 Groveoak Place, Rancho Palos Verdes.

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; Associate Planner Dave Blumenthal; Building Official Mark Campbell; City Clerk/Administrative Services Director Jo Purcell; and, Recording Secretary Bothe.

The Pledge of Allegiance was led by Boy Scout Troop Nos. 47 and 783.

RECYCLING DRAWING

Mayor McTaggart noted that September 2002 had two recycling winners - pointing out that there was no recycling winner the month prior. He stated that Mr. John Quomo and Mr. William Griffith would each receive a check for $250, which represents a year of free refuse service.

APPROVAL OF AGENDA

Mayor pro tem Stern requested that the item pertaining to the Los Angeles Area Regional Agency Joint Powers Agreement be removed from the Consent Calendar.

Mayor pro tem Stern moved, seconded by Councilman Gardiner, to approve the Agenda as amended. No objection was noted.

APPROVAL OF CONSENT CALENDAR

City Clerk Purcell stated that a copy of the corrections to the Minutes had been distributed to the City Council.

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

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)

Approved the September 3, 2002 Minutes, as amended.

Resol. No. 2002-82: Biennial Review of the City's Conflict of Interest Code. (301 x 1202)

(1) Received and filed the 2002 Local Agency Biennial Notice for the City of Rancho Palos Verdes, the Rancho Palos Verdes Redevelopment Agency, and the Rancho Palos Verdes Improvement Authority, indicating that the Conflict of Interest Code for these agencies needs to be amended; and (2) ADOPTED RESOLUTION. NO. 2002-82, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING A CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE STANDARD CONFLICT OF INTEREST CODE PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION AND REPEALING RESOLUTION NO. 2000-65.

Notice Of Completion for Trail Repairs and Fence Construction at Inspiration Point and Shoreline Park. (1204 x 1201)

(1) Accepted the work as complete. (2) Authorized the City Clerk to file the Notice of Completion with the County of Recorder, and if no claims are filed 35 days after recordation, notify the surety company to exonerate the Payment and Performance Bond with Ryco Construction, Inc. (3) Authorized the Director of Public Works to release 10% retention payment to Ryco Construction, Inc., 35 days after recordation of the Notice of Completion contingent upon no claims being filed against the contractor.

Los Angeles Area Regional Agency Joint Powers Agreement. (1204 x 1301)

Taken out of order. Considered prior to Public Hearings.

Resol. No. 2002-83: Landslide Moratorium Exception Permit Case No. ZON2002-00170. Location: 4 Thyme Place. (1801)

ADOPTED RESOLUTION NO. 2002-83, DENYING, WITHOUT PREJUDICE, A LANDSLIDE MORATORIUM EXCEPTION PERMIT FOR PROPERTY LOCATED AT 4 THYME PLACE (CASE NO. ZON2002-00170).

August 2002 Treasurer's Report. (602)

Ordered received and filed.


Resol. No. 2002-84: Register of Demands.

ADOPTED RESOLUTION NO. 2002-84, 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 amended Consent Calendar carried on the following roll call vote:

AYES: Clark, Stern, Ferraro, Gardiner and Mayor McTaggart
NOES: NONE
ABSTAIN: NONE

# # # # # # # # # # # # # #

Los Angeles Area Regional Agency Joint Powers Agreement. (1204 x 1301)

Mayor pro tem Stern questioned what mechanism was in place to avoid potential liability and to assure that the City Council will be able to make an informed decision should it be necessary to opt out of the agreement within the 180-day withdrawal period.

Director Allison explained that each year, staff tracks the City's waste stream diversion; that each November, staff will present to City Council a report that sets forth the current waste diversion rates, along with the potential risks that the City has with this organization; and that at that time, the City Council will be able to make an informed decision prior to the January deadline.

Mayor pro tem Stern questioned if staff will be receiving information from this agency that allows the City to guesstimate whether the diversion rate for the agency is at or above the 50-percent level.

Director Allison advised that staff will have the waste diversion rate information not only for this City, but also for the agency and the participating cities; and advised that this information will be directly received from the State and from the joint agency.

Mayor pro tem Stern questioned if staff has an estimate of what that theoretical liability could run.

City Attorney Lynch stated that at this point in time, it is not possible to know what the theoretical liability would be.

Mayor pro tem Stern expressed his belief that this is a good plan for this City; and reiterated his desire that the City have in place a mechanism so that this City can make an informed decision at each opt-out period.

Mayor pro tem Stern moved, seconded by Councilman Clark, to authorize the Mayor and the City Clerk to execute a Joint Powers Agreement with the City of Los Angeles and other interested cities for establishing the Los Angeles Area Integrated Waste Management Authority for AB 939 diversion and disposal reporting purposes.
Motion carried.

At 7:16 P.M., the City Council recessed this meeting to a closed session per the Brown Act Checklist. At 7:45 P.M. the meeting was reconvened.

PUBLIC HEARINGS:

Ordinance No. 381U: Re-introduction & Adoption: 2001 California Building Codes and Amendments. (1203 x 201)

Building Official Mark Campbell presented the staff report of October 1st and the recommendation to Re-Introduce And Adopt Ordinance No. 381U, An Ordinance Of The City Of Rancho Palos Verdes Adopting By Reference The 2001 California Building Code, 2001 California Mechanical Code, 2001 California Plumbing Code, 2001 California Electrical Code, 2001 California Fire Code, Uniform Housing Code, Uniform Administrative Code, Uniform Code For The Abatement Of Hazardous Buildings, 1997 Editions, And Making Amendments To Said Codes And Amending The Rancho Palos Verdes Municipal Code And Declaring The Urgency Thereof. (This Ordinance was introduced at the September 17th meeting.); and (2) Introduce Ordinance No. 381. (This ordinance will be brought back for ADOPTION at the October 15 meeting.)

City Clerk Purcell advised that copies of the two letters of protest had been distributed to the City Council this evening, attached to the revisions to Ordinance No. 381.

City Manager Evans advised that the two letters of protest are from Jeanne Smolley, 56 Limetree Lane, and Daphne Clarke, 10 Peppertree Drive, both who live in the Portuguese Bend landslide area; explained that both residents are concerned with the portion of the building code which deals with specialized foundation requirements and how the code can be written to address their special situation; and he noted that he would like to have further discussion with these two residents in regard to this ordinance and therefore move forward with adoption of the Ordinance without the new language dealing with specialized foundations in the landslide area.

Mayor pro tem Stern expressed his desire that whatever action this body takes with respect to foundations in the landslide area, that the City Council be given assurance that the structural integrity is at least equivalent to what it would get under the uniform code in other circumstances; and questioned how this assurance can be met.

City Attorney Lynch highlighted page 20 in the revised ordinance that was distributed at the meeting; stated that the shaded area on page 20 had been revised to be identical to what is in the current code today; noted that it is staff's recommendation that the City Council adopt the Urgency Ordinance, 381U, reintroduce Ordinance 381 for the first reading, which was introduced at the last meeting and is being re-introduced with the change to Section 1806.2.1 (B); and stated that the second reading of the non-urgency ordinance will take place at the next meeting.

City Clerk Purcell presented the re-introduction and adoption of Ordinance 381U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA BUILDING CODE; PART 3 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA ELECTRICAL CODE; PART 4 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA MECHANICAL CODE; PART 5 OF THE TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA PLUMBING CODE; TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE; THE 1997 EDITION OF THE UNIFORM ADMINISTRATIVE CODE; AND THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; MAKING AMENDMENTS TO SAID CODES; AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF.

Mayor pro tem Stern moved, seconded by Councilwoman Ferraro, to concur with staff's recommendation to ADOPT Ordinance No. 381U. The motion carried on the following roll call vote:

AYES: STERN, CLARK, FERRARO, GARDINER & MAYOR McTAGGART
NOES: NONE
ABSTAIN: NONE

Mayor Pro Tem Stern moved, seconded by Councilwoman Ferraro to re-introduce Ordinance No. 381. The motion carried on the following roll call vote:

AYES: STERN, CLARK, FERRARO, GARDINER & MAYOR McTAGGART
NOES: NONE
ABSTAIN: NONE

Resol. No. 2002-85: Extension of Conditional Large Domestic Animal Permit No. 002 (Case No. ZON2002-00373). (1804)

Associate Planner Blumenthal presented staff report and the recommendation to ADOPT RESOLUTION NO. 2002-85, APPROVING A TWO (2) YEAR EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 002, WHICH ALLOWS RIDE TO FLY TO MAINTAIN FOUR HORSES AND OPERATE A THERAPEUTIC RIDING PROGRAM ON A 1.16-ACRE PARCEL WITHIN THE PORTUGUESE BEND COMMUNITY; AND, MODIFY THE CONDITIONS OF APPROVAL FOR SAID CLDAP.

Mayor pro tem Stern questioned what effort had been made to notify the public of the proposed change to the hours of operation.

Associate Planner Blumenthal advised that all property owners within 500 feet of the subject site and the Portuguese Bend Homeowner's Association had been sent a public hearing notice on September 12th; that it had been published in the newspaper on September 14th; advised that the hearing notice had reflected the recommendation to modify the hours of operation; and noted that only one letter had been received, which is attached to staff report.

Roger Grove, 4923 Hauson Street, Torrance, representing Ride to Fly, explained that Ride to Fly serves young children and pre-teens whose therapy schedules are routinely altered; explained that the purpose for requesting this modification to the hours of operation is to allow Ride to Fly the flexibility to serve the needs of its clients; and pointed out that there will not be any greater number of people on site at any one time, that this request only allows them to be able to be more flexible to their clients' changing schedules.

Councilwoman Ferraro moved, seconded by Mayor pro tem Stern, to adopt Resolution No. 2002-85, approving a two (2) year extension of Conditional Large Domestic Animal Permit No. 002, and, modify the Conditions of Approval for said Cldap. There being no objection, Mayor McTaggart so ordered.

REGULAR BUSINESS:

Ocean Trails - Update on the Status of Open Space Lots and Trail Easements in Tract No. 50667. (1411 x 701)

City Attorney Lynch stated that discussion had been undertaken regarding the issue of accepting certain lots in the Ocean Trails Tract No. 50667.

Terry Plowden, 3633 Camino de Rios, representing VH Property Corps, current owner of Ocean Trails (and currently in the process of transferring ownership of the property to the Trump organization), advised that under the Subdivision Map Act, the offer of dedication for the habitat reserve and park areas will expire on October 12, 2002; that he has been working with the City Attorney to extend this time period for which the City has to accept these improvements; and explained that due to circumstances beyond his control, a draft document was not available for distribution at the meeting. He explained that it is the current owner's belief that it would be appropriate for the City and the Trump organization to handle this transfer rather than let the dedication be abandoned; and that, therefore, an extension is being requested - noting that they are virtually weeks away from the sale of the property to Mr. Trump. He mentioned that the Trump organization is supportive of this dedication and proposed extension.

City Attorney Lynch explained that this extension is intended to include the same groups of things that were offered in the dedication; and she recommended that the City Council authorize a conceptual approval and direct her to continue to work with Ocean Trails to finalize the draft document. She added that because of the conditions imposed on this project by the Coastal Commission, that all of these dedications and offers be open for 21 years, that the City has the full 21-year period within which to accept this - pointing out that the Coastal Commission is the body which imposed the 21-year timetable.

Mayor pro tem Stern moved, seconded by Councilman Clark, to conceptually approve the waiver agreement that Ocean Trails is offering and that City Attorney Lynch make the appropriate modifications to the draft agreement.

City Attorney Lynch noted for Councilman Gardiner that the extension time periods would match the 21-year period imposed by the Coastal Commission.

Hearing no objection, Mayor McTaggart so ordered.

Resol. No. 2002-86: Proposition 12 Watershed, Wildlife and Parks Improvement Bond Act of 2000: Tree Purchasing and Planting Grant. (1204 x 1407)

Director Allison presented staff report and the recommendation to (1) Authorize the Department of Public Works to execute an agreement with the State of California Department of Forestry and Fire Protection for the purchase and installation of trees citywide. (2) Authorize the expenditure of up to $79,360 to purchase and install new trees within the City's parks and public right-of-ways. (3) Adopt RESOLUTION 2002-86, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2001-43, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2002-2003, FOR THE GAS TAX FUND.

Director Allison confirmed for Mayor McTaggart that the trees would not be view-blocking species.

Mayor pro tem Stern moved, seconded by Councilwoman Ferraro, to concur with staff's recommendation, thus adopting Resolution No. 2002-86. Motion carried.

Councilman Clark commended staff on a successful grant application.

Request for City Grant for the South Bay Wheelmen's "School of Champions" Program. (602)

Assistant City Manager Petru presented staff report and the recommendation for City Council to decide whether to award a grant in the amount of $3,000 to the "School of Champions" program; and she advised that a supplemental package of information regarding the organization had been provided to the City Council.

Due to a possible conflict of interest, serving as one of the Board of Directors to this organization, Councilman Gardiner recused himself from consideration of this matter.

Eric Burr, 3674 Cliffside Drive, stated that he is an enthusiastic cyclist, a member of the South Bay Wheelmen cycling club and a volunteer at the School of Champions; explained that the School of Champions offers guidance in cycling safety and bike handling skills for kids and adults; and advised that the group's cycling coaches are nationally certified to offer classes which are free to the residents of RPV. He explained that it is the organization's intent to expand the cycling educational/safety clinics and that the organization is requesting a grant of $3,000 to cover the cost for liability insurance. He added that the organization would be seeking grant funding from all cities on the peninsula in order to further expand its clinics.

Mayor pro tem Stern requested that the School of Champions provide further information that clearly defines how this group intends to run its clinics and how it will benefit the residents in the community - noting that he is looking for a way to be able to measure the future performance of this group.

Elisabeth Aubrey, president of the School of Champions, stated that she has presented this program to principals at area schools as well as staff at the Parks and Recreation Department; advised that she will pursue grant funding from other cities in the area; and explained that the cycling clinics educate children and adults on bicycle safety. She advised that the School of Champions is a non-profit organization and that they currently have 501(c)(3) status; and she stated that the coaches are certified by the Amateur Cycling Federation.

It was the consensus of the City Council that the School of Champions work with staff in order to develop a presentation that can be brought back to City Council for re-consideration which better defines what this organization will be doing in this community, the anticipated participation of residents, more definitive information which allows the City Council a way to ultimately measure the achievements of the program.

Councilwoman Ferraro stated that the requested $3,000 funding may not be available and questioned Ms. Aubrey if the program could go forward if the awarded grant was reduced. Ms. Aubrey stated that she would have to check with the insurance company that she has been conferring with.

Mayor McTaggart suggested that the organization investigate whether it could obtain insurance riders from the schools it will be working with, expressing his belief that this would be less expensive than buying a separate policy.

Mayor pro tem Stern moved, seconded by Councilman Clark, to table this proposal until the applicant has provided the City Council with the requested information. There being no objection, it was so ordered. Councilman Gardiner abstained.

RECESS AND RECONVENE

Mayor McTaggart recessed the meeting at 8:54 P.M. and reconvened the meeting at 9:05 P.M.

CITY COUNCIL ORAL REPORTS:

Having attended Ocean Trails meeting held on this date, Mayor pro tem Stern indicated that landslide repair activity is on schedule; and stated that a community meeting was conducted on the 18th to update the residents on the roadway repairs - noting that attempts will be made to limit the inconvenience to motorists traveling on PVDS.

Councilwoman Ferraro advised that she attended the South Bay City Council of Governments meeting last week; stated that the possible closure of the Harbor UCLA Trauma Center was discussed - noting that people are being urged to contact their local government representatives to voice their concerns over the possible closure; and stated that the improvements project overview was given on the South Bay Traffic Forum, a project to synchronize traffic in various cities - pointing out that most likely, the project plans will have no impact this far south. She advised the Contract Cities Conference sponsored a tour in part of Southern California Edison's San Onofre nuclear facility.

Mayor McTaggart stated that he also attended the tour at Southern California Edison's San Onofre nuclear facility, complimenting Edison on an interesting and informative tour. Following the last City Council meeting, Mayor McTaggart stated that the following day, he attended the Mayor's breakfast, the peninsula Mayor's luncheon, the Sanitation District meeting, and the Contract Cities meeting in East L.A. He stated that the following day, he attended the County of Los Angeles Integrated Waste Management Task Force meeting in Alhambra; that on the 20th, he attended the Los Cerranos* Point Vicente Sunset party - pointing out that Director Allison had announced at that event that the remediation activities had started at Point Vicente; that on the 22nd, he attended the Pacific View Homeowner's Association meeting at Hesse Park, providing the attendees with a list of this body's accomplishments; that on the 26th, he attended the Coordinating Council meeting and that he provided attendees with a list of this body's accomplishments; that on the 30th, he attended the Southern California Edison State of the Company breakfast; that on the 30th, he, Councilwoman Ferraro and City Manager Evans met with this City's lobbyist from Washington, D.C., Bill Smith - noting that he had some interesting ideas on how this City might be able to get some funding for Western Avenue improvements; that on the 30th, he attended the Boy Scout Nominating Committee meeting, wherein discussion ensued with regard to filling positions for the scouting administration in the Pacific area.

Councilman Gardiner stated that he participated in the Cable TV ad hoc meeting with City Manager Evans, Assistant City Manager Petru and Mayor McTaggart to discuss bringing aboard Ms. Gabriella Holt as a volunteer cable producer/director; that a decision was made to create other opportunities for positions such as technical intern, creative intern, etc. He advised that he attended the Neighborhood Compatibility meeting and stated the group had submitted suggested refinements to the City's permit application process.

Assistant City Manager Petru advised that a second Cable TV ad hoc meeting has been scheduled for next Monday; noted that Steve Fowler from Cox Communications will be in attendance; and stated that staff is in the process of drafting a letter to Mr. Fowler which will capture all of the issues that were identified at the first meeting.

Councilman Clark stated that he attended the RPV Council of Homeowner's Association monthly meeting last Wednesday - noting that he provided the attendees with an update on the activities and areas of interest from a City standpoint and what the City Council has been involved in. He advised that he attended the Contract Cities Fall Educational Conference last weekend; and thanked and commended Mayor McTaggart for leading the efforts as the president of the California Contract Cities Association (CCAC) and commended Sam Olivita on his efforts as executive director.

Councilwoman Ferraro commended Mayor McTaggart for his great leadership of the CCAC .

Mayor McTaggart credited various members of CCAC for their help and support and also the Special Events Committee for the success of the last conference.

Bruce Franklin, 15 Oceanaire Drive, RPV, stated that he lives across the street from Del Cerro Park; and requested that the temporary restrooms be relocated and converted to permanent restrooms. He addressed his concerns with the nuisance activities by vandals and others who are participating in these nuisance activities at and around the park. He requested that additional patrols be assigned to this area in order to enforce the law and discourage improper behavior at this site.

City Manager Evans estimated that it would cost close to $100,000 to put a permanent restroom facility at this site.

Mayor McTaggart expressed his belief that this City should be doing everything it can to control this activity at this park - noting that some of this behavior is a public health concern.

Councilman Clark stated that public restrooms should be available for those using public trails.

Mayor pro tem Stern addressed his concern with the health and safety of those using these facilities; and urged that the pros and cons be thoroughly considered before placing a restroom facility at Del Cerro Park.

Mayor McTaggart stated that this is a worthy issue of further consideration; and expressed his belief that recreational park facilities should have restrooms.

Leslie Daigle, 1111 Bayside Drive, Corona del Mar, representing ATT Wireless, commented on the recent installation of a 2-antenna facility on an existing pole near PV Drive East and Headline; stated that the resident who lives closest to this facility complained once she trimmed her tree, that now the resident is opposed to its placement on this existing pole; and she expressed interest in working with the resident to come to an agreement on the placement of this facility -- pointing out that ATT Wireless is proposing to recreate a new landscape buffer to conceal the pole. She noted ATT's attempts to follow the rules and to protect its vested rights and stated that they would like to proceed with this project. She noted that the ATT contractor made a mistake by parking in the resident's driveway and mentioned that he also misrepresented to the resident how frequently this site would be inspected -- pointing out that the site would need to be inspected once on a monthly basis.

Mayor McTaggart expressed his opposition to the unsightly appearance of these facilities and stated that a resident's view should not be negatively impacted by these facilities.

Councilman Clark stated that it is incumbent upon ATT to recreate a buffer so that the resident can enjoy some restoration of what she had before this installation.

Ms. Daigle noted for Councilman Clark that this pole is in the public right of way and that the removal of foliage was on the resident's property.

Mayor McTaggart stated that there are other alternatives that should be used in order to lessen the negative impacts upon the residents.

Ms. Daigle highlighted some of the newer trends that minimize the visual impact, but pointed out that these newer facilities create a need for more sites; and explained that ATT is attempting to fill the voids and improve its service to its customers. She stated that ATT is willing to work with the City and its residents.

Mayor McTaggart requested that a presentation be provided to the City Council to demonstrate ATT's antenna system and the necessary support facilities and suggested that this presentation also include other providers' systems as well.

Councilman Gardiner requested that staff provide in this presentation the cumulative impacts of all carriers in the City and that City Council be advised of where the right-of- ways are located, that an up-to-date map be provided to reflect where the facilities are located.

Councilman Clark encouraged these businesses to co-locate when possible.

Lois Larue, 3136 Barkentine Road, expressed her belief that the City's policy for charging fees for its Agendas is against the First Amendment of the Constitution; and addressed staff's approval of a 10,000-square-foot home at the top of Portuguese Bend and staff's denial of another resident's request to add 2,000 square feet of space to their existing 3,000-square-foot house. Ms. Larue commented on the need for separation of church and State and expressed her belief that the Salvation Army should not be invited to attend the community breakfast functions. She thanked those responsible for providing this evening's refreshments.

James Woodson, 5757 Wilshire Boulevard, Los Angeles, representing Sprint PCS, explained that the plan for Sprint is to build approximately 30 sites in RPV -- pointing out that 21 of those sites have currently been built; explained that the sites cannot be co-located because they are located on existing telephone poles which lack the space for an additional carrier. He noted that these facilities in the City do not serve any other cities. He noted for Mayor McTaggart that 13 sites are being located/considered in PV Estates; and that 18 sites are located in Rolling Hills Estates. Mr. Woodson explained that Sprint is replacing an old technology system in this City.

Councilman Gardiner questioned if the City is required to use any particular technology that a vendor possesses, does the City have the right to approve only those with updated technologies. City Attorney Lynch stated that staff would provide more information in regard to the telecom mandate within the next month.

Resol. No. 2002-87: Health Insurance Contributions. (902 x 1202)

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

Assistant City Manager Petru explained that staff would pursue a refund of life insurance premiums paid on the lives of city council members since they were not covered in the current policy.

Councilwoman Ferraro moved, seconded by Councilman Clark, to ADOPT RESOLUTION NO. 2002-87, AMENDING THE CITY CONTRIBUTION RATES FOR EMPLOYEE BENEFIT PREMIUMS FOR ACTIVE FULL-TIME EMPLOYEES, ACTIVE SHARED-POSITION EMPLOYEES AND ACTIVE CITY COUNCIL PERSONS FOR CALENDAR YEAR 2003.

Councilman Gardiner stated that he would support the motion with the understanding that during the budget policy setting time and related issues for the upcoming Fiscal Year 03-04/ 04-05 budget cycle we could revisit the cafeteria health plan at that time.

No objection was noted.

Community Leaders' Breakfast. (1101)

Assistant City Manager Petru presented staff report and the recommendation to provide staff with direction regarding the guest list for the upcoming Fall Community Leaders Breakfast.

It was the consensus of the City Council to keep the guest list to 250 participants.

Councilman Clark suggested that L. A. City Councilwoman Hahn be invited.

Councilman Gardiner stated that preference should be given to RPV residents for the RPV breakfast, those who have volunteered their time to serve on various boards/commissions/committees; and that consideration should be given to inviting School Board members and former Councilmembers who still live in RPV.

Mayor pro tem Stern stated that the Councilmembers should be permitted to bring their spouses. He stated that the following groups of individuals should be invited: Commission members, active homeowner association presidents, former RPV Councilmembers who still live in RPV, School Board members, Councilmembers from other peninsula cities, Library Board, various elected County and State officials, Josh Cohen and Nick Green from the local newspapers.

Mayor McTaggart stated that Cox Communications should be present to air the event on cable TV.

Mayor pro tem Stern suggested that the media be placed at the back of the auditorium and that their numbers be limited inside the auditorium.

Councilman Gardiner stated that this event should be well planned and suggested that an ad hoc committee be formed to plan this event.

Mayor pro tem Stern suggested that he and Mayor McTaggart work with staff on this event as an ad hoc committee.

Councilman Clark noted his support for an ad hoc committee and for the Mayor and Mayor pro tem to oversee the planning of this event.

Assistant City Manager Petru clarified those individuals the City Council suggested inviting to this event: Councilmembers' spouses, Councilwoman Janice Hahn, former Councilmembers still living in RPV, Josh Cohen from Peninsula News and Nick Green from Daily Breeze.

Councilman Clark suggested that should there be a standby list, that priority be given to those residents who have served on various City commissions/committees.

No objection was noted to the formation of an ad hoc committee that will include staff and the Mayor and Mayor pro tem as those to plan the November 9th Fall Community Breakfast.

California League of Cities Voting Delegate. (1102 x 306)

City Manager Evans briefly presented staff report and the recommendation to appoint Mayor pro tem Stern as the voting delegate for the California League of Cities General Assembly Business meeting on Saturday, October 5, 2002.

Mayor pro tem Stern accepted the appointment.

Councilwoman Ferraro moved, seconded by Councilman Clark, to appoint Mayor pro tem Stern as the voting delegate for the California League of Cities General Assembly Business meeting on Saturday, October 5, 2002. No objection was noted.

Border Issues Status Report. (310)

Director Rojas reviewed the current status of border issues as outlined in staff report.

Mayor McTaggart noted that April Sandell has advised that she personally witnessed the underground piping for the storm system being replaced during the construction process; and asked that this assertion be verified.

Don Schultz, 2129 Villa Drive, RPV, noted his appreciation and commended Senior Planner Fox for his work on the border issues and for keeping the residents well informed on these issues; and he suggested that unbuildable land in the City be made available for children to use as an open playground.

Resol. No. 2002-88: Adoption of Resolution Establishing Salary Ranges For All Management Job Classifications. (1202)

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

Councilwoman Ferraro questioned why the City Clerk's salary range is lower than some of the other director positions.

City Manager Evans briefly explained that the City Clerk position is not a director position.

Councilman Clark moved, seconded by Councilman Gardiner, to ADOPT RESOLUTION NO. 2002-88, ADOPTING SALARY AND HOURLY RANGES FOR ALL COMPETITIVE AND MANAGEMENT EMPLOYEE JOB CLASSIFICATIONS, AND RESCINDING RESOLUTION NO. 2002-56. There being no objection, Mayor McTaggart so ordered.

Status of Investigation of documents to determine the viability of a claim against the FAA. (1505)

Councilman Gardiner moved, seconded by Councilman Clark, to waive reading of the staff report that recommended termination of the agreements with the City of Redondo Beach and Hermosa Beach to participate in the investigation of documents by Chevalier, Allen & Lichman and Richards, Watson & Gershon to determine the viability of a claim against the FAA. Motion carried.

Councilman Gardiner moved, seconded by Councilman Clark, to concur with staff's recommendation. There being no objection, Mayor McTaggart so ordered.

The City Council thanked Principal Jody Pastell for the use of the Cornerstone School auditorium.

CLOSED SESSION REPORT:

City Attorney Lynch advised that no had been taken during the closed session.

Adjournment: The meeting was adjourned at 10:45 P.M. on motion of Mayor McTaggart.

/s/ John C. McTaggart
Mayor
Attest:


/s/ Jo Purcell
City Clerk