City Council Minutes 05/06/2003 RPV, City, Council, Minutes, 2003, Meeting, May, 05/06/2003 RPV City Council Minutes for the 05/06/2003 Meeting RECYCLE DRAWING:

MINUTES

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

MAY 6, 2003

The meeting was called to order at 6:00 P.M. by Mayor Stern at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed to a closed session per the Brown Act Checklist. At 7:02 P.M., the meeting was reconvened.

Roll call was answered as follows:

PRESENT: Ferraro, Gardiner, McTaggart, and Mayor Stern

ABSENT: Clark (excused)

 

Also present were City Manager Les Evans; City Attorney Carol Lynch; Director of Finance Dennis McLean; Director of Planning, Building, and Code Enforcement Joel Rojas; Director of Public Works Dean Allison; Senior Planner Kit Fox; Senior Planner Mihranian; City Clerk/Administrative Services Director Jo Purcell; and Recording Secretary Bothe.

Councilman Gardiner led the flag salute.

CEREMONIAL MATTERS:

Presentation by Committee for Support of Measure P on the June 6th Special Election Ballot.

Councilman Gardiner expressed his opposition to including another governing body’s ballot initiative on the City Council Agenda for endorsement by the Council especially since it pertained to establishing a tax to close a projected annual operating budget shortfall. To vote either way on this agenda item would assume a knowledge of and agreement/disagreement with every policy decision made by the other body, the cumulative consequences of which produced the projected budget shortfall. One government body should not be commenting on another body’s policies and decisions since the decision makers of the other body report directly to the voters themselves. Gardiner noted the importance of the citizenry being well informed on issues when they go to the polls; and added that individuals should be taking their own position on this matter including individual council members speaking as individuals, not on behalf of the City of Rancho Palos Verdes. Gardiner welcomed the notion of a presentation to be received for information purposes.

Responding to Mayor pro tem Ferraro’s inquiry regarding past City Council endorsements, City Attorney Lynch stated that the City Council has taken positions in the past on both local and state matters.

Councilman McTaggart stated that he concurred with Councilman Gardiner’s comment.

Councilman Gardiner moved, seconded by Councilman McTaggart, to remove Agenda Item No. 10, Palos Verdes Peninsula Unified School District Measure P Parcel Tax, from the Agenda, and to keep it as a presentation/informational item only under Ceremonial Matters. This motion carried as follows:

AYES: Gardiner, McTaggart and Mayor Stern

NOES: Ferraro

ABSENT: Clark

Ms. LaMonte, representing the Committee for Measure P, stated that a special election would take place on June 3, 2003, to solely address Measure P, a temporary five-year parcel tax that will aid in maintaining existing school programs and help to improve the academic performance of the Peninsula schools. She urged support of this ballot measure and noted that the money will go directly to the Palos Verdes Unified School District. She indicated that Measure P funds will go for the purchase of textbooks, provide up-to-date classroom computers, preserve elective courses, allow the District to continue to offer college prep and advanced placement courses, etc. She highlighted the limited state funding and the need for the additional revenues for the Palos Verdes Peninsula Unified School District.

Mayor pro tem Ferraro stated that the additional funding is needed; noted her support for Measure P; and emphasized that the funds will remain in the Palos Verdes Peninsula Unified School District. She pointed out that if this tax creates a hardship for senior citizens, they could choose to be exempt from paying this tax.

Ms. LaMonte stated that if a senior citizen chooses to claim the hardship exemption, all they would have to do is provide proof of age and residency.

Councilman McTaggart questioned how the group arrived at the approximate $173 parcel tax.

Responding to Councilman McTaggart’s inquiry, Ms. LaMonte explained that the District had hired a consulting firm to conduct a poll that sampled the community to determine what fee would be acceptable.

Councilman McTaggart stated that he would have preferred that the proposed amount would have been based upon a stated need.

Ms. LaMonte mentioned that the proposed amount would still not fully cover the entire needs and expenses that are needed by the District.

Mayor Stern noted the importance of the public becoming fully informed on this ballot measure and stated that he is in full support of Measure P.

RECYCLE DRAWING:

Mayor Stern announced the two April recycle winners, Paul Schubert and Leonard Jennings, who will both receive a check for $250, which represents a year of free refuse service. He encouraged everyone to recycle.

APPROVAL OF AGENDA:

Councilman McTaggart moved, seconded by Councilman Gardiner, to approve the Agenda as amended. Motion carried.

APPROVAL OF CONSENT CALENDAR:

Councilman Gardiner moved, seconded by Councilman McTaggart, to approve the Consent Calendar. The motion to approve the Consent Calendar carried on the following roll call vote:

AYES: Ferraro, Gardiner, McTaggart and Mayor Stern

NOES: None

ABSENT: Clark

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 Council members after the reading of the title.

Resol. No. 2003-26: Budget Resolution. (602)

ADOPTED RESOLUTION NO. 2003-26, AMENDING RESOLUTION 2002-45, THE BUDGET APPROPRIATION FOR FY 2002-2003, TO DECREASE BUDGETED OPERATING TRANSFERS OUT IN THE GENERAL FUND.

Claim against the City by the Whitcraft Family. (303)

Rejected the claim and directed staff to notify the claimant.

Claim against the City by Genevieve Morris. (303)

Rejected the claim and directed staff to notify the claimant.

PVIC Expansion - Trailer Rental. (1201)

Authorized the Mayor and the City Clerk to execute a contract with GE Capital for the lease of a trailer for PVIC Expansion Project.

Letter to Key State Legislators Opposing the Elimination of the Vehicle License Fee Backfill. (306 x 1501)

Approved the proposed letter opposing the elimination of the Vehicle License Fee (VLF) backfill, or any other legislative action that may reduce VLF revenue to the City, and authorized the Finance Advisory Committee to send the letter to the appropriate state legislative representatives.

Treasurer's Report for the month of March 2003. (602)

Ordered received and filed.

Resol. No. 2003-27: Register of Demands.

ADOPTED RESOLUTION NO. 2003-27, 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.

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PUBLIC HEARINGS:

Ordinance No. 389: Neighborhood Compatibility. (1801)

Senior Planner Mihranian presented staff report and the recommendation to (1) INTRODUCE ORDINANCE NO. 389, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 17.02.030 AND 17.02.040 (RESIDENTIAL DEVELOPMENT STANDARDS) OF TITLE 17 OF THE CITY'S MUNICIPAL CODE TO IMPLEMENT THE NEW NEIGHBORHOOD COMPATIBILITY AND ROOF DECK REQUIREMENTS; (2) ADOPT RESOLUTION NO. 2003-28, THEREBY AMENDING THE HEIGHT VARIATION GUIDELINES TO IMPLEMENT THE NEW NEIGHBORHOOD COMPATIBILITY CRITERIA; AND (3) ADOPT RESOLUTION NO. 2003-29, ADOPTING THE NEIGHBORHOOD COMPATIBILITY HANDBOOK.

Senior Planner Mihranian reported that the information presented was basically the same as that presented at the joint workshop February 8, 2003, except for definition of Immediate Neighborhood. He noted that the Planning Commission modified this definition slightly to read, "normally considered to be at least the twenty closest residences within the same zoning district."

Councilman Gardiner asked for clarification on the restrictions of various zoning districts, specifically as it relates to the modified definition.

Senior Planner Mihranian explained that the modified definition of immediate neighborhood now allows maximum flexibility; and he provided examples of different zoning standards within various city neighborhoods. He added that zoning assists in restricting the sizes of homes and the number of homes allowed on a parcel.

Mayor Stern expressed his belief that the voluntary pre-application process is a good feature that will help to make this process work smoothly and minimize issues and staff time; and noted the future need to create an incentive to further entice the residents to participate in the voluntary pre-application process. He indicated that it may make sense to reduce the application fees to the residents when they participate in the voluntary pre-application process. This might be done by either the necessary study to validate the cost differential that is saved when the applicant uses that pre-application process, or simply by reducing the fee as compared to the regular application fee that would be charged if there was no participation in the pre-application process.

City Attorney Lynch explained that the City Council could choose to reduce the application filing fee as long as one applicant is not charged any more than what the City’s cost is for the processing of a neighborhood compatibility application. She added that if the City’s process is shortened and simplified, then the fee might be reduced and subsidized out of the General Fund.

Councilman Gardiner moved, seconded by Mayor pro tem Ferraro, to INTRODUCE ORDINANCE NO. 389, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 17.02.030 AND 17.02.040 (RESIDENTIAL DEVELOPMENT STANDARDS) OF TITLE 17 OF THE CITY'S MUNICIPAL CODE TO IMPLEMENT THE NEW NEIGHBORHOOD COMPATIBILITY AND ROOF DECK REQUIREMENTS; (2) ADOPT RESOLUTION NO. 2003-28, THEREBY AMENDING THE HEIGHT VARIATION GUIDELINES TO IMPLEMENT THE NEW NEIGHBORHOOD COMPATIBILITY CRITERIA; AND (3) ADOPT RESOLUTION NO. 2003-29, ADOPTING THE NEIGHBORHOOD COMPATIBILITY HANDBOOK. The motion to approve carried on the following roll call vote:

AYES: Ferraro, Gardiner, McTaggart and Mayor Stern

NOES: None

ABSENT: Clark

Mayor Stern expressed his appreciation for everyone who was involved in this project.

REGULAR BUSINESS:

Proposed Recreational Vehicle Residential Storage and Street Parking Regulations. (1801)

Director Rojas presented the staff report and the recommendation to review and consider the Planning Commission's proposed ordinance regulating recreational vehicle (RV) parking and storage on private property; (2) consider additional public testimony; (3) adopt the proposed ordinance with direction to Staff to review the effectiveness of the new ordinance and any potential street parking impacts six months after adoption; and (4) direct the Traffic Committee to address the issue of street parking of oversized vehicles and report its findings to the Planning Commission.

Mayor pro tem Ferraro questioned whether the City could accommodate a property owner who wishes to keep a vehicle on their vacant lot that is not visible to the public, that does not negatively impact anyone in the neighborhood, yet keeping the property owner from taking advantage of the exception.

City Attorney Lynch explained that the City Council could decide to develop a permit system for parking of vehicles on undeveloped property.

Councilman McTaggart questioned if the proposed regulations provide an exemption for parking of vehicles on vacant property during construction projects; and if not, he suggested that this provision be included in the regulations.

Councilman Gardiner addressed his concern that these regulations are excessive beyond the original problem that brought this issue forth. He stated that ordinances should be solutions to stated problems and not overreach to correct problems that have not yet been defined.

Mayor Stern expressed his belief that identifying in advance possible future situations that are not acceptable in residential areas is helpful in maintaining quality neighborhoods.

Councilman Gardiner stated that there should be some flexibility for homeowners; and questioned how the City plans on clearly defining "unsightly" vehicles.

City Attorney Lynch pointed out that Item No. 5 defines the established criteria for all types of vehicles.

Councilman Gardiner noted his discomfort with the subjectivity of the City determining if a vehicle is unsightly.

City Attorney Lynch indicated that enforcement would mostly be complaint driven.

Councilman McTaggart stated that he would be supportive of providing permits for certain situations.

Mayor Stern noted his support for staff recommendation and stated that this matter should be reviewed after 6 months to determine if it needs to be amended.

Councilman McTaggart noted his concern with residents from Rolling Hills Estates parking their over-sized vehicles on RPV’s roads and questioned whether this regulation would address that situation.

In response to Councilman McTaggart’s inquiry, City Attorney Lynch stated that this provision would not deal with the problem of residents from other cities parking their oversized vehicles on RPV’s roads.

Staff provided a slide show depicting vehicles in acceptable and unacceptable situations, such as cars parked in a driveway with flat tires, boats/vehicles covered with loose tarps or tattered/custom-fitted covers, vehicles parked on dirt/lawns, etc.

Bob Raab, 6202 Villa Rosa, stated that he would prefer that neighbors try to work out these types of issues/complaints among themselves rather than coming to the City for settlement; and stated that these regulations should be tabled to see if this type of situation arises again in the future.

Ernie Giannioses, 5344 Manitowae Drive, expressed his belief that a land owner should have the right to park a vehicle on a vacant lot as long as it is appropriately screened and covered; and requested that a permit process be put in place to allow for this type of situation. He stated that property owners should also be permitted to restore their vehicles and work on their inoperable vehicles on their property and not have to garage the vehicle each night after working on it. He suggested that a mediation process be put in place if resolution among the neighbors cannot be reached; and that homeowner associations should get involved in the resolution process. He questioned how the City would be able to determine if a properly covered vehicle is being restored or simply inoperable.

Mayor Stern noted his concern with residents using these vacant lots to store vehicles that are not owned by the property owner and addressed the necessity to avoid commercialization of these sites in residential areas.

The City Council thanked Mr. Raab for his input into this process.

Mr. Raab stated that he would be supportive of a 6-month review process.

Lois Larue, 3136 Barkentine Road, commented on code enforcement activity with one of her neighbor’s RV parking area, which had been previously approved.

Councilman McTaggart stated that he is opposed to parking vehicles on unimproved property; expressed his belief that work still needs to be done on this proposal; and noted that he would support a mediation process.

Mayor Stern expressed his belief that this is a valid approach that should help to maintain the high quality of RPV’s neighborhoods.

Councilman Gardiner stated that he is in favor of as few rules as possible as long as a system runs adequately; expressed his belief that this provision is excessive and unnecessary; and stated that he would support a mediation process. He indicated that at this time, he would support a provision to keep residents from having their vehicles over-hang onto the public right-of-way and require that they park parallel with the driveway and not perpendicular.

Mayor pro tem Ferraro stated that she is supportive of this provision and that she would like to give it a 6-month trial period.

Mayor pro tem Ferraro moved, seconded by Councilman McTaggart, to INTRODUCE ORDINANCE NO. 390 AS AMENDED TO ENACT AMENDMENTS TO SECTION 8.24.060 (PROPERTY MAINTENANCE STANDARDS) OF TITLE 8 OF THE CITY’S MUNICIPAL CODE WITH RESPECT TO THE PARKING AND STORAGE OF RECREATIONAL AND OTHER VEHICLES ON PRIVATE PROPERTY; direct staff to review the effectiveness of the new ordinance and any potential street parking impacts six months after adoption; and to direct the Traffic Committee to address the issue of street parking of oversized vehicles and report its findings to the Planning Commission. Councilman McTaggart requested that the mediation process be included.

City Attorney Lynch explained that for clarification purposes, the issue of a mediation process should be placed elsewhere in the City’s code.

Mayor Stern encouraged neighbors to try and resolve these types of issues among themselves; and stated that upon a 6-month review, the City Council may determine that an opportunity exists to create some type of neighborhood ombudsman program or homeowner association referee program.

Councilman McTaggart stated that he would support a neighborhood ombudsman program on a City Hall level, not at the level of a homeowner association.

Ralph Ortolano stated that he is storing someone else’s vehicle on his vacant lot in order to defuse a neighborhood dispute; noted that he has constantly stored a vehicle on his vacant property since 1978 – pointing out that it may have been gone for a while for restoration purposes; expressed his belief that a law which proposes to ban use based solely on the status of whether a lot has a structure appended to it or not is an arbitrary ordinance, one that could successfully be challenged in court. He requested that the City draft an ordinance for a mediation process and urged the City to provide free permits for this purpose.

City Attorney Lynch suggested that the words "with a single family" in Paragraph E be deleted.

The motion to introduce Ordinance No. 390, as amended, carried as follows:

AYES: Ferraro, McTaggart, Stern

NOES: Gardiner

ABSENT: Clark

RECESS AND RECONVENE

Mayor Stern recessed the meeting at 8:34 P.M. and reconvened the meeting at 8:46 P.M.

COUNCIL REPORTS

Mayor Stern stated that he attended the following meetings:

  • April 16th, he and Councilman McTaggart attended the Sanitation Districts and the Contract Cities meetings;
  • April 18th, attended the Mayor’s Breakfast;
  • April 24th, attended the County Board of Supervisors meeting in L.A. to discuss homeland security;
  • May 1st, attended the League of California Cities meeting and the National Prayer Day breakfast in Torrance.

Councilman McTaggart stated that he attended the following meetings:

  • April 17th, attended the Solid Waste Task Force meeting to discuss the Sunshine Canyon Landfill and Disposal Reporting System; Contract Cities office to meet with representatives from Lakewood to discuss their request for a $10,000 grant to help Lakewood fund the City’s 50th anniversary celebration – pointing out that a grant was not given;
  • April 23rd, attended the Westlake Village City Council meeting, successfully encouraging that city to rejoin Contract Cities;
  • April 24th, spoke at the memorial services for Don Jones; attended a meeting with the Becks, City Manager Evans and Director Rojas to discuss how they might proceed in restoring their view; attended the South Bay COG meeting to address the proposal for LAX expansion plans and the proposed Air Force Base closure;
  • April 25th, met with a Waste Management representative to present a recycling grant at Soleado School.
  • April 27th, entered his vintage Mustang in the Fabulous Sports Forever Car Show at Knott’s Berry Farm;
  • May 1st, attended the SCAG meeting to discuss sharing of state sales tax and backfill of property taxes and a 10-percent increase in SCAG dues.

Councilman McTaggart suggested that the City’s newsletters include contact phone numbers of those non-profit agencies seeking grants/donations; commented on the aircraft routing change over the peninsula; and addressed his concern with receiving a solicitation letter from PV Estates, soliciting money from RPV residents for their police enforcement.

PUBLIC COMMENTS:

Lois Larue, 3136 Barkentine Road, expressed her appreciation of Betsy Kelly for driving her on her paper route; stated that Penny Terrell has broken her ankle and that she has taken Ms. Terrell copies of the Peninsula News so that she can continue her interest in reading about the border issues; and provided input concerning the creation of the American Civil Liberties Union.

At this time, Mayor pro tem Ferraro moved, seconded by Councilman McTaggart, to add to the agenda the appointment of a special representative to attend the P.V. Transit meeting, scheduled to be held on May 7th. She explained that neither she nor Councilman McTaggart were available to that meeting. The motion carried as follows:

AYES: Ferraro, Gardiner, McTaggart and Mayor Stern

NOES: None

ABSENT: Clark

Mayor pro tem Ferraro confirmed that Councilman Gardiner is available to attend the meeting and asked that Councilman Gardiner be appointed to attend on behalf of RPV.

Mayor Stern appointed Councilman Gardiner to attend the May 6th P.V. Transit meeting.

Request to Perform Preliminary Investigation of the Nike Missile Silos. (1201 x 1101)

City Manager Evans presented staff report and the recommendation to consider a request from the Palos Verdes Art Center to perform a preliminary environmental, structural, mechanical and electrical investigation of the former Nike missile silos for potential reuse as part of a community art center.

Mayor Stern questioned whether there is a potential litigation concern and suggested that the City Council go into closed session to ascertain a determination.

RECESS TO A CLOSED SESSION

Mayor Stern recessed the meeting to closed session at 9:12 P.M.

The meeting reconvened at 9:25 P.M.

City Attorney Lynch stated that due to the possibility of potential litigation, the City Council had decided to continue this matter to a future closed session meeting and that no other action was taken.

City Manager Evans recommended that this issue be withdrawn from the Agenda and that it be brought back at the first meeting in June. No objection was noted to continue this issue to the June 3rd meeting.

Resol. No. 2002-30: Council Chambers at Point Vicente Interpretive Center. (1201)

The staff report recommended the following: (1) authorize staff to revise the improvement plans for the building expansion at the Point Vicente Interpretive Center to include a raised platform, a screen and other audiovisual infrastructure, and additional storage space to accommodate City Council meetings; (2) authorize the expenditure of up to $20,000 for engineering and architectural services; and (3) ADOPT RESOL. NO. 2003-30, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOL. NO. 2002-45, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2002-2003, FOR A BUDGET ADJUSTMENT TO THE CITY'S CAPITAL IMPROVEMENT PROGRAM.

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

Director Allison explained that the proposed room is basically the same size as the Hesse Park room that the City Council currently meets in, and commented on the plans for placement of the projector, the placement of the City Council stage and whether the stage should be a permanent or removable fixture. He stated that a permanent stage would limit the functions/events that could be scheduled in this new room. He noted his expectation that the City Council members will each have a computer screen at the dais. Discussion ensued with regard to the placement of the City Council stage. Director Allison stated that the doorways and the need to comply with fire codes limit the placement.

City Manager Evans explained that this facility is currently designed as a multi-purpose room, not as a City Council Chamber; and suggested that the City Council consider having the entire design revised.

Mayor Stern suggested that because Councilman Clark was absent that this matter be agendized when all City Councilmembers are present.

Joan Barry, president of Los Serenos De Point Vicente, noted her support for the City Council meetings to be conducted at this site; explained that fixing the stage to a permanent location would limit the size of functions that could take place at this facility; addressed the importance to maintain ample storage area at the Interpretive Center; and noted her support for expanding this room to accommodate the City Council meetings.

City Manager Evans stated that the Building Replacement Fund could be tapped for the redesign of this facility.

Mayor Stern noted his support for an effort to redesign an appropriate facility at this site to accommodate the City Council meetings; and requested that staff return with additional suggestions that would be appropriate to include in the redesign of this facility.

Councilman McTaggart suggested that staff visit the Westlake Village City Council Chambers to get an idea of what could be included in this facility.

Mayor pro tem Ferraro requested that staff also check with other cites and view their council chambers.

Councilman McTaggart moved, seconded by Mayor pro tem Ferraro, to authorize the expenditure of up to $20,000 for engineering and architectural services, to consult with professional services. The motion carried as follows:

AYES: Ferraro, Gardiner, McTaggart and Mayor Stern

NOES: None

ABSENT: Clark

City Clerk Purcell asked for an amendment to the motion to include the adoption of the proposed resolution. Mayor Stern so ordered without objection.

Border Issues Status Report. (310)

Senior Planner Fox presented the staff report and the recommendation to review the current status of border issues, and provide direction to the City Council Committee and Staff. He also provided a late update on the Reuse Plan for the former Navy housing on Western Avenue, stating that the City of Los Angeles did not intend to revise the Reuse Plan to include more units for the homeless.

Councilman McTaggart noted his opposition to the truck loads of fill/dirt being transported from Rolling Hills Covenant Church to Green Hills Memorial Park past the homes of RPV residents – noting his concern with the noise, vibration and dust; suggested that these trips be taken along Western Avenue to the front entrance of Green Hills; and requested that this matter be agendized so that the City Council could take formal action on this matter.

City Manager Evans explained that this matter could be reviewed once the application for the Green Hills Master Plan Amendment is deemed complete and reviewed by the Planning Commission.

Councilman McTaggart stated that with respect to the San Pedro fuel depot, the damaged underground fuel storage tanks discussed at the last Restoration Advisory Board meeting should be removed not repaired.

Resol. No. 2002-31: Palos Verdes Drive East and Mustang Road Storm Drain Repair Project - Request for Funding. (1204 x 1405)

The staff report made the following recommendations: (1) establish a new project to repair an existing storm drain on Palos Verdes Drive East and Mustang Road; (2) authorize expenditures up to $30,000 for construction and inspection services to effect repairs; and, (3) ADOPT RESOLUTION NO. 2003-31, AMENDING RESOLUTION 2002-45, THE BUDGET APPROPRIATION FOR FY2002-2003, FOR A BUDGET ADJUSTMENT TO THE CITY'S CAPITAL IMPROVEMENT PROGRAM FUND.

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

Mayor pro tem Ferraro moved, seconded by Councilman McTaggart, to establish a new project to repair an existing storm drain on Palos Verdes Drive East and Mustang Road; (2) authorize expenditures up to $30,000 for construction and inspection services to effect repairs; and, (3) ADOPT RESOLUTION NO. 2003-31, AMENDING RESOLUTION 2002-45, THE BUDGET APPROPRIATION FOR FY2002-2003, FOR A BUDGET ADJUSTMENT TO THE CITY'S CAPITAL IMPROVEMENT PROGRAM FUND. The motion carried as follows:

AYES: Ferraro, Gardiner, McTaggart and Mayor Stern

NOES: None

ABSENT: Clark

Cost-Based Fee Study - Consultant Selection and Contract Approval. (602)

Director McLean presented the staff report and the recommendation to approve the proposed Consultant Services Agreement with MAXIMUS for the preparation of a Cost-Based Fee Study.

Mayor pro tem Ferraro moved, seconded by Councilman McTaggart, to approve the staff recommendation. Motion carried as follows:

AYES: Ferraro, Gardiner, McTaggart and Mayor Stern

NOES: None

ABSENT: Clark

Cable Television Studio Lease Agreement – PVNET. (305)

City Manager Evans presented staff report and the recommendation to approve the Agreement for Lease of the Cable Television Studio to PV on the Net.

Mayor Stern stated that should the County impose a possessory interest tax on this site, that PV on the Net should pay the tax, not the City.

Ted Vegvari stated that if a tax were imposed, PV on the Net would pay the fee.

City Manager Evans briefly noted that RPV in cooperation with Hermosa Beach is working on a program that would allow each city to monitor the aircraft tracking system installed in Hermosa Beach.

Lois Larue noted her opposition to PV on the Net not paying any rent for the use of this property.

Councilman Gardiner pointed out with the equipment that PV on the Net is providing at no charge and the productions they will provide at no cost the city comes out well ahead on this agreement.

Mayor pro tem Ferraro moved, seconded by Councilman Gardiner, to approve staff recommendation. No opposition was noted.

Various State Legislative Bills. (306)

City Manager Evans presented staff report and the recommendation to consider legislative bills as requested to be placed on the agenda by Councilman Larry Clark and Councilman John McTaggart.

City Manager Evans advised that because of his absence, Councilman Clark asked that his bills be postponed to a later meeting.

With regard to the bills that Councilman McTaggart requested supporting, City Manager Evans highlighted Assembly Constitutional Amendment (ACA) No. 10, storm drain fees, a bill that would make it easier for cities to fund and comply with new and increasingly stringent storm water quality permit requirements adopted by the Regional Water Quality Control Boards. He addressed Assembly Bill 1158, Housing Element Reviews, noting that this bill has been postponed until January 2004. With regard to AB 1652, City Manager Evans noted that this bill would increase the Metropolitan Transportation Authority Board membership by increasing the League of California Cities members from four to six.

Councilman McTaggart urged the City Council’s support of the above-mentioned bills.

Councilman Gardiner asked that a letter be sent on behalf of the City Council urging the state to pass the budget and stop work on all other matters until they get it done.

Councilman McTaggart moved, seconded by Councilman Gardiner, to support ACA No. 10 and AB 1652. Motion carried as follows:

AYES: Ferraro, Gardiner, McTaggart and Mayor Stern

NOES: None

ABSENT: Clark

ADJOURNMENT

At 10:29 P.M., the City Council meeting was formally adjourned on motion of Mayor Stern to the Community Leaders’ Breakfast on Saturday, May 10, 2003, 9:00 A.M.

/s/ Douglas W. Stern

Mayor

Attest:

/s/ Jo Purcell

City Clerk