City Council Minutes 08/19/2003 RPV, City, Council, Minutes, 2003, Meeting, August, 08/19/2003 RPV City Council Minutes for the 08/19/2003 Meeting
This agenda has been prepared to provide for the orderly progression of City business

MINUTES

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

AUGUST 19, 2003

The meeting was called to order at 7:02 p.m. by Mayor Stern at Fred Hesse Community Park, 29301 Hawthorne Boulevard, Rancho Palos Verdes.

Roll call was answered as follows:

PRESENT: Clark, Gardiner, Ferraro, McTaggart, and Mayor Stern

ABSENT: None

Also present were City Manager Les Evans; City Attorney Carol Lynch; Director of Public Works Dean Allison; Director of Finance Dennis McLean; Deputy Planning Director Gregory Pfost; Staff Coordinator Gina Park; City Clerk/Administrative Services Director Jo Purcell; and, Minutes Secretary Debra Presutti.

Director Allison led the Pledge of Allegiance.

MAYOR’S ANNOUNCEMENT:

Mayor Stern made a brief announcement to inform the public that City ordinances and public notices are now available on the City’s website and can be located on the "News, Information, and Other" link.

RECYCLE DRAWING:

David Yu and Vern Nagayama were chosen as recyclers of the month. Mayor Stern congratulated the winners and thanked everyone who participates in the recycling program.

APPROVAL OF AGENDA:

Mayor Stern requested that Item No. 13, the Agreement between the City and Ocean Trails Regarding the Peer Review Board and Contracts with Peer Review Board Members, be removed from the Agenda, stating he is not eager to approve such an important agreement until the public has had ample opportunity to review and comment on the matter and no agreement was included with the agenda package, nor was any presented at the time of the meeting.

Mayor Stern requested that the Council add an item on an emergency basis that related to the propriety of including personal re-election campaign information in the argument submitted by Councilman McTaggart and Mayor pro tem Ferraro in opposition to the term limits ballot initiative. Mayor Stern pointed out that the argument submitted by Councilman McTaggart and Mayor pro tem Ferraro included reference to their individual re-election campaign web site. Mayor Stern stated that he did not believe that the City Council had authorized them to submit the arguments in opposition to the term limits initiative so that they could direct the public to their individual campaign web sites.

Councilman McTaggart stated that he and Mayor pro tem Ferraro were agreeable to withdrawing the reference to their individual campaign web sites, and replace it with a reference to a web site that would not have any reference to, or links to their individual re-election campaigns. The City Clerk will similarly include a reference in the pro term limits ballot initiative argument to a web site that addresses that argument.

Based on the statements of Councilman McTaggart and Mayor pro tem Ferraro Mayor Stern withdrew his request to agendize the matter.

Mayor pro tem Ferraro moved, seconded by Councilman McTaggart, to approve the Agenda as amended. Motion carried.

APPROVAL OF CONSENT CALENDAR:

Mayor pro tem Ferraro moved, seconded by Councilman McTaggart, to approve the Consent Calendar as follows:

Motion to waive full reading.

Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all council members after the reading of the title.

Minutes. (301)

Approved the minutes as amended of April 15 and July 15, 2003.

Councilman Gardiner, being absent from the April 15, 2003 meeting, abstained from approval of those minutes.

Storm Drain System Master Plan Study Update – Award Of Professional Services Agreement. (1405)

(1) Authorized the Mayor and the City Clerk to execute a Professional Services Agreement for the Storm Drain System Master Plan Study with AKM Consulting Engineers, for the not-to-exceed amount of $40,164; and (2) Authorized staff to expend additional funds of $2,200 (~5%) for additional services related to the Storm Drain System Master Plan Study Update, for a total authorization of $42,172.

 

Resol. No. 2003-63: FY02-03 Budget Adjustments. (602)

ADOPTED RESOLUTION NO. 2003-63, AMENDING RESOLUTION 2002-45, THE BUDGET APPROPRIATION FOR FY02-03, TO INCREASE BUDGETED APPROPRIATIONS IN THE GENERAL FUND, STREET MAINTENANCE FUND AND EQUIPMENT REPLACEMENT FUND.

Resol. Nos. 2003-64 & 65: FY02-03 Continuing City Appropriations. (602)

(1) ADOPTED RESOLUTION NO. 2003-64, AMENDING RESOLUTION NO. 2003-42, THE BUDGET APPROPRIATION FOR FY03-04, TO CONTINUE CERTAIN EXPENDITURE APPROPRIATIONS FROM FY02-03; and (2) ADOPTED RESOLUTION NO. 2003-65, AMENDING RESOLUTION NO. 2002-45, THE BUDGET APPROPRIATION FOR FY02-03, TO REDUCE THE BUDGET FOR CONTINUING APPROPRIATIONS THAT WILL BE RE-BUDGETED AND INCLUDED IN THE FY03-04 BUDGET.

Ordinance No. 397: Regulating parking in areas where parking signs establish restrictions. (1502)

ADOPTED ORDINANCE NO. 397 OF THE CITY OF RANCHO PALOS VERDES REGULATING THE UNAUTHORIZED PARKING OF VEHICLES ON PROPERTY WHEN SIGNS ARE POSTED THAT ESTABLISH PARKING RESTRICTIONS UPON THE PROPERTY AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. (This ordinance was introduced at the August 5th meeting.)

Ordinance No. 398: Repealing City Manager Residence Requirement. (1101)

ADOPTED ORDINANCE NO. 398 OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 2.08 (CITY MANAGER) OF THE RANCHO PALOS VERDES MUNICIPAL CODE BY REPEALING SECTION 2.08.020 OF CHAPTER 2.08 OF

TITLE 2. (This ordinance was introduced at the August 5th meeting.)

Resol. No. 2003-66: Register of Demands.

ADOPTED RESOL. NO. 2003-66, 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: McTaggart, Clark, Gardiner, Ferraro & Mayor Stern

NOES: None

ABSTAIN: Gardiner on the minutes of April 16, 2003.

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PUBLIC HEARINGS:

Resol. No. 2003-67: Conformance with the 2002 L.A. County Congestion Management Program (CMP), and adoption of the 2003 Local Implementation Report. (1505 x 1203)

Councilman Clark moved, seconded by Councilman Gardiner, to waive presentation of the staff report. Motion carried without objection.

Mayor Stern opened the public hearing. There being no response to his call for public testimony, he declared the public hearing closed.

Mayor pro tem Ferraro moved, seconded by Councilman McTaggart, to ADOPT RESOLUTION NO. 2003-67, ADOPTING THE CITY’S 2003 LOCAL IMPLEMENTATION REPORT (LIR) AND SELF-CERTIFYING THE CITY’S CONFORMANCE WITH THE 2002 CONGESTION MANAGEMENT PROGRAM (CMP) FOR LOS ANGELES COUNTY. Motion carried without objection. .

Resol. Nos. 2003-68 & 69: Agreement To Exchange Community Development Block Grant (CDBG) Funds For FY 2003-2004. (601)

Director Allison presented the staff memorandum of August 19, 2003 and recommended the following: (1) Conduct a public hearing to receive citizen input on the exchange of Community Development Block Grant (CDBG) Funds between the City of Rancho Palos Verdes and the City of West Hollywood for Fiscal Year 2003-2004; (2) Approve the exchange of $400,000 from the City of Rancho Palos Verdes’ Community Development Block Grant (CDBG) allocation for $230,000 in General Funds from the City of West Hollywood; (3) ADOPT RESOLUTION NO. 2003-68, APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE CITY OF WEST HOLLYWOOD REGARDING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FY 2003-2004; (4) ADOPT RESOLUTION NO. 2003-69, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2003-42, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2003-04, FOR A BUDGET ADJUSTMENT TO THE CITY’S GENERAL FUND; AND (5) Authorize the City Manager and City Clerk to execute the Agreement with the City of West Hollywood.

The public hearing was opened by Mayor Stern. There being no response to his call for public testimony, he declared the public hearing closed.

Mayor pro tem Ferraro commended Director Allison for orchestrating the mutually beneficial agreement with the City of West Hollywood, saying it is very difficult to coordinate this type of financial transaction.

Councilman Clark and City Manager Evans clarified the City’s position of having to sell these funds by explaining that money was being amassed for the Alta Mira Canyon project, a very large project which the City later decided not to pursue. A large amount of money had been accumulated for the project and, subsequently, the governing rules for the accretion of these funds changed, necessitating the sale.

Mayor pro tem Ferraro moved, seconded by Councilman Clark, to approve staff recommendations. The motion carried on the following roll call vote:

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

NOES: None

Resol. Nos. 2003-70 & 71: Ocean Trails Clubhouse Modifications - Conditional Use Permit No. 163, Revision "T." (1411)

Mayor Stern declared the public hearing open.

Deputy Director Pfost presented the staff memorandum of August 19, 2003 and recommended ADOPTING (1) RESOLUTION NO. 2003-70, APPROVING ADDENDUM NO. 15 TO ENVIRONMENTAL IMPACT REPORT 36 FOR REVISION "T"; AND (2) RESOLUTION NO. 2003-71, APPROVING REVISION "T", AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 163 FOR AN EXPANSION OF THE CLUBHOUSE BUILDING.

Mayor Stern indicated that if the modifications create any problem in terms of noise, the issue can be addressed in the future. He questioned what, if any, impact the relocation of the golf cart path might have on the surrounding City park property.

Mr. Pfost replied that the proposed cart path would not take up any more useful park space than it currently occupies and noted that the proposed path will have the added benefit of providing access from the park to the public rest rooms.

Councilman Clark commented that the proposed 7500 square foot addition does not include any provision for additional rest rooms and queried what would trigger the necessity for adding rest room facilities.

Mr. Pfost clarified that rest room requirements are based on occupancy levels and that the issue would be looked into prior to the actual revisions.

Tammy Longworth, Rancho Palos Verdes, commented that the view from Ocean Terrace is beautiful, the project is right on schedule, and the Trump Organization is doing exactly what they said they would. She congratulated the City Council and Deputy Director Pfost for the time and effort they have taken to ascertain that no negative impacts would result from the clubhouse revisions. She reiterated her support for the project.

Herman Hagen, Rancho Palos Verdes, encouraged the Council to move ahead with the project as quickly as possible and remarked that the Trump Organization is putting together a world-class facility.

Vincent Stellio, Executive Vice President of the Trump Organization, introduced attending members of the project including Luis DeMaresDeMoraes[I believe it is DeMorais, but you have the correct spelling since he was on the VRC, Architect; Jeff Kaplinski, Senior Construction Manager; and Craig Simandl, General Manager. He indicated that many of the revisions currently being proposed were included in the original owners’ plans and are now being undertaken to improve the building design, articulation, and facade, as well as to provide additional services, such as a café, restaurant, and spa, for the enjoyment of golfers, park visitors, and the general public. He stated that increasing the terrace area will maximize the magnificent view and will provide an area for patrons to unwind. He added that the use of complimentary valet parking will allow more efficient management of the parking areas and provide additional on-site parking if necessary.

Mr. Stellio explained that capping the chimneys would protect the flumes from water infiltration, which, over time, can weaken their integrity and cause future deterioration problems. He indicated that the height of the chimney caps are below the allowed limits of the building and create no view obstructions, something the Trump Organization has been sensitive to throughout the development of the project.

Mr. Stellio requested substitution of the word "increase" for the word "change" on Page 8 of the Revision "T"/Clubhouse Expansion, which would then read, "Any increase to the size of the structure shall require…," saying this would allow the project to move forward without the need to come before Council for approval of any minor reductions which may be deemed necessary for structural or engineering purposes.

Councilman Clark commented that the Trump Organization is proposing a quality addition to the facility, which will benefit both golfers and the general public.

Mayor pro tem Ferraro added that it will be a very nice improvement and will most likely become a very popular spot for the local community.

Councilman McTaggart noted that the structure is visually very pleasing and will provide aesthetic appeal to people visiting the park as well as those using the facility.

Mayor Stern commended the Trump Organization for their thoughtfulness and effort in maximizing this resource for the benefit of all.

Councilman McTaggart moved, seconded by Mayor pro tem Ferraro, to approve the staff recommendation and the amended wording. Motion carried without objection. .

 

REGULAR BUSINESS:

Ocean Trails - Review of the Water Control Plan for the Residential Portion of Tract No. 50667. (1411)

Deputy Director Pfost presented the staff memorandum of August 19, 2003 and recommended approving the Ocean Trails' Interim Operations and Maintenance Manual for Water Control, Groundwater Monitoring, and Ground Movement Monitoring Facilities for the Residential Portion of Tract No. 50667 only.

Councilman McTaggart stressed the importance of inspecting foundation subdrains to ascertain that they are properly connected to the street.

Mayor pro tem Ferraro inquired whether there are monitoring stations in the area that would be able to detect something such as the breakage of an underground pipe.

Mark Schluter, Senior Engineering Geologist for Converse Consultants, explained that the soils in the area are very clayey and, therefore, have a very low permeability. He stated that because of the soil composition, in the event of a pipeline break near the surface, the water would rise up to the surface rather than infiltrate the ground.

City Attorney Lynch advised changing the word "should," which is used in numerous places throughout the Water Control Plan document, to the word "shall" so that people purchasing the lots will understand that the delineated items are obligations not merely recommendations.

Councilman Clark moved, seconded by Councilman Gardiner, to approve the staff recommendation and the amended wording. Motion carried without objection. d.

Recess and Reconvene: Mayor Stern recessed the meeting at 8:19 p.m. and reconvened the meeting at 8:30 p.m.

CITY COUNCIL ORAL REPORTS

Mayor pro tem Ferraro reminded everyone of the barbecue/picnic at City Hall on September 6th to commemorate the City’s 30th anniversary. She also indicated that invitations would be going out to all of the home owners’ associations, committee members, commissioners, and community leaders for the dinner/dance at the Los Verdes Country Club on October 17th, adding that the event is for all City residents and anyone interested in receiving an invitation should contact Holly at City Hall. She stated that the maximum capacity is 250 to 300 and advised everyone to make their reservations early. In conclusion she mentioned that the videos that were produced for the City’s 25th anniversary celebration, which contain some wonderful interviews with the founding members of the community, are once again available for purchase at City Hall.

Councilman Clark indicated that, since he was away on business, City Manager Evans attended the L.A. Division of the California League of Cities meeting and presented Gary Coleman, the outgoing Executive Director, with a letter of appreciation from the Council.

Councilman McTaggart attended a Steering Committee meeting on August 6th where a number of projects were discussed, one being Operation Jump Start which is just being implemented to help provide jobs in California and help eradicate some of the State’s deficit. He also attended the LAX Community Round Table meeting to discuss noise issues related to changing flight paths and increased air traffic due to different runway configurations.

Councilman McTaggart attended an MTA South Bay Governance Council meeting on August 8th where a presentation was made by the Home Depot. He indicated there is a strong possibility that the 225 and 226 bus routes will be removed sometime in October and that efforts are being made to safeguard them at least during peak weekday boarding times when many school children and others ride the bus. He indicated that a hearing will take place on September 9th at 6:00 p.m. in Carson and urged people to attend to help preserve bus transportation in the community. He said that a meeting was held on August 12th with a number of other transit operators to discuss meeting the needs of transit dependent people on the Peninsula.

On August 13th Councilman McTaggart attended another LAX Round Table meeting and a short meeting of the Vector District Board on August 14th.

PUBLIC COMMENTS

Lois Larue, Rancho Palos Verdes, expressed reservations over the implications of term limits and concerns over the proposed Long Point project.

Resol. No. 2003-72: CALPERS Health Insurance. (1202)

City Manager Evans presented the staff memorandum of August 19, 2003 and recommended ADOPTION OF RESOLUTION NO. 2003-72, ELECTING TO CEASE TO BE SUBJECT TO THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT.

Councilman Gardiner inquired what the consensus among the City employees is and if there would be a gap in coverage as a result of the proposed change. He also queried what would occur if, as a result of the decrease in employees’ costs, they elect to upgrade their plans.

City Manager Evans responded that no employees have opposed the proposal and that there would be no lapse in coverage. He added that even if employees elect to improve their coverage, the City would still be paying less than the current rate.

Mayor Stern expressed support, saying this option provides a cost-saving opportunity for the City as well as its employees.

Mayor pro tem Ferraro moved, seconded by Councilman McTaggart, to approve the staff recommendation. Motion carried without objection .

Resol. No. 2003-73: Employee Participation In CALPERS Service Credit Purchase Plan. (1202)

Coordinator Park presented the staff memorandum of August 19, 2003 and recommended the ADOPTION OF RESOLUTION NO. 2003-73, AUTHORIZING THE PARTICIPATION IN THE PAYROLL DEDUCTION PLAN FOR EMPLOYEES DESIRING TO PURCHASE CALPERS SERVICE CREDIT.

Councilman Clark moved, seconded by Councilman McTaggart, to approve staff recommendation. Motion carried without objection.

SB 196 (Kuehl) California Regional Water Quality Control Board Membership. (306)

City Manager Evans presented the staff memorandum of August 19, 2003 and recommended authorizing the Mayor to send a letter of support for increasing representation of cities and counties on the California Regional Water Quality Control Boards.

Mayor pro tem Ferraro indicated that the legislation as currently proposed states that appointees must be "associated with the City," whereas the new bill would require that appointees are elected officials of the City – a mayor, mayor pro tem, or council member. She commented that this legislation is an attempt to provide the body with a common sense framework and noted that the Sanitation District and the League of California Cities recommend support.

Mayor pro tem Ferraro moved, seconded by Councilman McTaggart, to approve the recommendation. Motion carried without objection.

 

Metropolitan Transit Authority Service Changes. (306 X 1505)

Councilman McTaggart stressed the importance of maintaining public transportation on the Peninsula and summarized the August 19, 2003 memorandum, recommending Council (1) Send a letter of support for transferring MTA service along Routes 225 and 226 to other local transit agencies, and (2) Advertise public hearing on the discontinuance of this service to be held in the City of Carson on September 6th at

6:30 p.m.

Councilman McTaggart moved, seconded by Councilman Clark, to approve the recommendation. Motion carried without objection.

Air Resources Board Proposed Diesel Truck Rule. (306)

Councilman McTaggart presented the August 19, 2003 memorandum and recommended authorizing the Mayor to sign the letter drafted by the Public Works Department and send to the Air Resources Board (ARB) opposing the proposed ruling effecting diesel trash trucks.

Mayor Stern stated that everyone is in favor of improving air quality but that cities should not be put in the position of enforcing air quality regulations. He said he believes it is reasonable for cities to have only the limited role of providing information on their contracted vendors to the appropriate State agency thereby allowing the agency to deal with the regulation and enforcement issues. Mayor Stern presented an alternative proposed letter for the City Council to use, which contained the thoughts he had expressed.

Councilman McTaggart stated that he agreed with the alternative letter proposed by Mayor Stern.

Mayor pro tem Ferraro moved, seconded by Councilman McTaggart, to approve the recommendation using the letter submitted by Mayor Stern. Motion carried without objection.

Sage House And Salvation Army. (306)

In presenting the memorandum of August 19, 2003, Councilman Gardiner noted that the Sage House is providing a tremendously valuable service to the community and recommended Approval of a letter of support for Sage House and the Salvation Army and requested that the Board of Supervisors give the CUP for the new home of the Sage House every consideration.

Councilmen McTaggart agreed, adding that it is a wonderful facility, and suggested that all Council members sign the letter.

Lois Larue, Rancho Palos Verdes, noted that the Salvation Army is a religious organization, expressed concern over the separation of church and state, and encouraged the Council to take no action in the matter.

Mayor Stern responded that the Sage House is an adult day care facility not a church or religious organization and that Council is supporting that aspect only, which has nothing to do with religion.

Mayor pro tem Ferraro and Councilman Clark agreed and stated that the Sage House certainly serves a need in the community.

Councilman Gardiner moved, seconded by Councilman McTaggart, to approve the recommendation and that the letter by signed by the entire Council. Motion carried without objection.

ADJOURNMENT: At 9:19 p.m. the City Council meeting was formally adjourned on motion of Mayor Pro Tem Ferraro.

 

 

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Mayor

Attest:

 

 

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City Clerk