RANCHO PALOS VERDES CITY COUNCIL
ADJOURNED REGULAR MEETING
NOVEMBER 3, 2004
The meeting was called to order at 6:00 P.M. by Mayor Gardiner at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed to closed session. At 7:00 P.M., the meeting was reconvened for regular session.
Roll call was answered as follows:
PRESENT: Clark, Long, Stern, Wolowicz, Mayor Gardiner
Also present were City Manager Les Evans; Assistant City Manager Petru; Assistant City Attorney Lynch; Director of Planning, Building, and Code Enforcement Joel Rojas; Director of Public Works Dean Allison; Finance Director McLean; City Clerk/Administrative Services Director Jo Purcell; and Recording Secretary Denise Bothe.
The flag salute was led by Mayor pro tem Clark.
Mayor Gardiner announced the names of the two recycler winners for the first Council meeting in October: Linda Mendelson and Anita Gash, both of these residents will receive a check for $250, which represents a year of free refuse service.
APPROVAL OF AGENDA:
Councilman Stern stated that Council had briefly discussed in the closed session which preceded the meeting Agenda Item No. 14, Approval of Hon Purchase Agreement, and he suggested that Council recess into closed session again to resume that discussion, possibly recessing just before regular New Business.
Councilman Long moved, seconded by Councilman Stern, to approve the Agenda as amended. Without objection, Mayor Gardiner so ordered.
Lois Larue, 3136 Barkentine Road, referred to Page 6 of the Agenda, stating that this is the first time the Agenda has reflected the City Attorney will be presenting to Council a status report on existing litigation. She mentioned that Mike Childs had informed her that the City was suing him over his property; stated that she is opposed to the City using her tax dollars to litigate against Mr. Childs; and noted that that purported litigation is not listed on agenda.
Mayor pro tem Clark highlighted the elections that took place on November 2 and he stated he was pleased to announce that Proposition No. 1A, protection of local government revenues, was overwhelmingly approved.
CITY MANAGER’S REPORT:
Mayor Gardiner reminded the residents that old business is routinely posted on the City’s website.
City Clerk Purcell advised that Councilman Wolowicz had submitted a late change to the Minutes of September 21, 2004, top of Page 29, insert after the "Noes" section: "Councilman Wolowicz stated he approved the plan, but would like to see included in it the traffic enforcement element."
APPROVAL OF CONSENT CALENDAR:
Mayor pro tem Clark moved, seconded by Councilman Stern, to approve the Consent Calendar as amended. This motion was then withdrawn.
Councilman Wolowicz asked that Agenda Item No. 6, Sidewalk Maintenance Contract, be pulled from the Consent Calendar.
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.
Approval of the Minutes. (301)
Approved the Minutes of the September 7th Regular Meeting; amended September 21st Regular Meeting, October 16th Adjourned Regular Meeting; and October 19th Adjourned Regular Meeting.
(1) Awarded a Professional Services Agreement to Willdan Associates, Inc., in an amount of $ 50,776 and authorized staff to spend an additional $5,078, for a total authorization of $55,854 for the design services for the FY 04-05 and 05-06 Overlay and Slurry Seal Programs; and, (2) Authorized the Mayor and City Clerk to execute a Professional Services Agreement with Willdan Associates, Inc.
Border Issues Status Report. (310)
Ordered received and filed the status report on border issues.
Treasurer’s Report – September 2004. (602)
Ordered received and filed the Treasurer’s Report for the month of September 2004.
Resol. No. 2004-93: Register of Demands.
ADOPTED RESOLUTION NO. 2004-93, 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.
Councilman Long moved, seconded by Councilman Stern, to approve the Consent Calendar as amended, removing Item No. 6. Motion carried as follows:
AYES: Clark, Long, Stern, Wolowicz, Mayor Gardiner
# # # # # #
REMOVED FROM CONSENT CALENDAR:
Sidewalk Maintenance Contract. (1405 x 1204)
The staff report of November 3, 2004 recommended that Council (1) Award a three-year contract for sidewalk maintenance services to Central Coast Surface Grinding, Inc., and authorize the Mayor and City Clerk to execute a contract; and, (2) Authorize the award of the contract even though it is likely to exceed the $10,000 limit of the informal bid process.
Councilman Wolowicz advised that several neighbors have approached him over the last few months asking questions about the City’s process for selecting which sidewalks would be repaired and he requested that Director Allison provide the audience information on this process. He asked that the City’s website include a description of this process.
Director Allison stated that this year approximately 2,000 pieces of sidewalk would be repaired; noting that on-going repair of the sidewalks is necessary for the safety of the City’s residents and prevention of possible liability issues. He advised there are two ways to discover a problem with City sidewalks: residents calling in to advise of a situation or the City’s on-going and proactive sidewalk maintenance plan. Director Allison explained that if there were a minor sidewalk displacement, the City would pay to have the area ground down to a safe level. He noted, however, that if a sidewalk has a major displacement, the 4’ x 8’ panel will be replaced with a new panel and the property owner will have to pay for that up to a maximum of $500. He advised that the approximate cost of replacing a sidewalk panel is $375.
Councilman Long advised that the most common complaints he receives from residents in his neighborhood is the extensive grinding down of the sidewalks and noted that the homeowners have expressed a preference that they be given the choice to have these panels ground or replaced when appropriate. He noted his support for offering this option to the City’s residents.
Director Allison stated that providing that option is currently not done, but that staff could advise the residents of the two options for sidewalk repair or replacement.
Councilman Wolowicz asked that the residents be provided the option, but that staff also advise the residents of the associated fees.
Councilman Wolowicz moved, seconded by Councilman Stern, to approve staff recommendation; moved that this information and options be placed on the City’s website; and that the residents be informed of the City’s expenses versus that of the residents’. Motion carried as follows:
AYES: Clark, Long, Stern, Wolowicz, Mayor Gardiner
Appeal of a Grading Permit (Case No. ZON 2003-00088) for property located at 49¼ Rockinghorse Road. (Continued hearing from August 17th Meeting.) (1801 x 1203)
Director Rojas announced that the applicant/appellant needed more time to present this case and, therefore, was requesting a continuance. He stated staff is recommending to continue this matter to February 1, 2005.
As a general policy, Councilman Stern stated that the City should never table an item, that continuing an item is the appropriate action. He explained that tabling an item could have the effect of killing an item without it ever being addressed by Council.
Councilman Long questioned if anyone has expressed any opposition or concern about the proposed continuance. Director Rojas stated that no opposition had been received.
Councilman Wolowicz moved, seconded by Councilman Long, to continue this matter to the February 1, 2005 meeting. Without objection, Mayor Gardiner so ordered.
ORDINANCE NO. 414, RESOL. NO. 2004-94: NEIGHBORHOOD COMPATIBILITY CODE AMENDMENT (Continued from October 19.) (1203)
Mayor Gardiner opened the public hearing. There being no input, Mayor Gardiner closed the public hearing.
The staff report of November 3, 2004, recommended that Council (1) INTRODUCE ORDINANCE NO. 414, A CITY-INITIATED PROPOSAL TO AMEND TITLE 17 OF THE CITY’S MUNICIPAL CODE, CLARIFYING THE NEIGHBORHOOD COMPATIBILITY TRIGGERS AND ESTABLISHING SPECIFIC EXEMPTIONS TO THE NEIGHBORHOOD COMPATIBILITY REQUIREMENT; and, (2) ADOPT RESOLUTION NO. 2004-94, AMENDING THE NEIGHBORHOOD COMPATIBILITY HANDBOOK TO MAKE THE LANGUAGE CONSISTENT WITH THE PROPOSED CODE AMENDMENTS.
Councilman Stern moved, seconded by Councilman Wolowicz, to approve staff recommendation. Motion carried as follows:
AYES: Clark, Long, Stern, Wolowicz, Mayor Gardiner
CITY COUNCIL ORAL REPORTS:
Councilman Wolowicz advised that he attended the following events:
Councilman Wolowicz stated that he was saddened to hear about the recent passing of one of his neighbors, Jeffrey Cumbragh, a 28-year resident of RPV.
Mayor pro tem Clark stated that he was in Washington, D.C., on business between the last meeting and this week; advised that he had the opportunity to visit the new National WWII Memorial; and he encouraged everyone to visit this new memorial should they get the opportunity. He stated that the memorial is an excellent and moving tribute to those who died while serving this country. He mentioned that not far from the new National WWII Memorial are the Korean War Memorial and the Viet Nam Memorial, once again encouraging everyone to visit these moving memorials.
Councilman Stern stated that he had participated in the weekly telephonic conference calls regarding the land and open space acquisitions, noting that this matter is on tonight’s agenda for consideration.
Mayor Gardiner advised that he attended the Mediterranean Homeowner’s Association event; and he thanked the Fire Department personnel for bringing the fire truck, noting that the children had a lot of fun.
Mayor pro tem Clark mentioned that he, Mayor Gardiner and City Manager Evans met to discuss the scope of the Traffic Committee’s work, noting that this item is on this evening’s agenda for consideration.
RECESS TO CLOSED SESSION AND RECONVENE
Mayor Gardiner recessed the meeting to a closed session at 7:40 P.M. and reconvened the meeting at 8:16 P.M.
City Attorney Lynch advised that before the meeting convened, Council met briefly in closed session to discuss the litigation as listed on the agenda and that no action had been taken on those matters. She advised that a status report had been given and that some questions were answered. City Attorney Lynch stated that Council had briefly discussed in closed session the price and terms of payment for the real property acquisition as listed on the agenda for Portuguese Bend and Aqua Amarga Canyon; and that Council returned to closed session during break to again discuss that issue. She advised that no action was taken and that Council is now back in open session.
REGULAR NEW BUSINESS:
Resol. No. 2004-95: Approval of Hon Purchase Agreement. (1101 X 1203)
The November 3, 2004, staff report recommended that Council (1) Approve the agreement to purchase approximately 39 acres of land in Agua Amarga Canyon and approximately 424 acres of land within the Portuguese Bend Area of the City from Palos Verdes Portuguese Bend, LLC. (2) ADOPT RESOLUTION NO. 2004-95, AMENDING RESOLUTION NO. 2004-45, THE BUDGET APPROPRIATION FOR FY 04-05, TO INCREASE THE ENVIRONMENTAL EXCISE TAX (EET) BUDGET.
Councilman Stern commended everyone involved in this long and difficult process, giving special thanks to Barbara Dye, Michael Kilroy, Bill Swank, other representatives of the Land Conservancy, Joel Rojas, Les Evans, and Carol Lynch and other staff members who have done a superb job of working on this exceedingly complex transaction. He noted that he participated in numerous telephonic conference calls and expressed his pleasure in the good teamwork by all involved.
Mayor pro tem Clark echoed Councilman Stern’s praises and added that this is a milestone and an historic initiative by the City that spans several City Councils, which predates this Council by four, an initiative to potentially preserve the quality of life and the semi-rural open space nature of this City and peninsula for generations to come. He added that this acquisition agreement with one of the major property owners is another major milestone that has enabled RPV to see this vision come to reality.
Councilman Long stated that this is one of the finest proposals he had ever put before him; commended everyone involved for the high quality of work that was undertaken to bring this process to this stage; and explained that this is an opportunity to lock up the reserve for a period of time which, in all likelihood, the City will be able to piece together the funding and help to complete this arrangement. He explained that should this deal not go through and the City not be able to have the majority of land set aside due to any reason -- such as not being able to obtain the necessary funding -- at a minimum, in exchange for the commitment that has been made, this City would end up losing $50,000 but gaining approximately 3 acres of land, which currently has an appraised value of $100,000 -- pointing out that the City would still be ahead financially.
Barbara Dye stated that on behalf of the Land Conservancy and herself, it has been a pleasure working with staff in putting this agreement together, and she noted her commitment to making the reserve a reality.
Jim Knight noted that this was a momentous occasion and an ideal situation where there is a willing seller; and explained that the major funding will come from a state measure that was passed by the voters of California for the specific purpose of acquiring open space. He expressed his desire that the City and the property owner to the west of the reserve come to an agreement in the same regard. He thanked and commended everyone involved in this long process.
Councilman Stern moved, seconded by Mayor pro tem Clark, to approve staff recommendation.
Councilman Long stated that he was disappointed in continuing to hear inaccurate comments related to this acquisition; and highlighted some of these inaccuracies: 1) using the funds will make sufficient funds unavailable for recreational needs – pointing out that this is not true; that these grant funds are dedicated only for the acquisition of open space; 2) pushing for the NCCP will tie up lands needed for recreational needs -- also not true; advised that no one has identified any portion of the existing proposed dedication of land to the NCCP that is suitable for recreational fields; and 3) that somehow putting through the NCCP will deny public access to land by cutting off trails -- also not true. He expressed his hope that the people who are promulgating this misleading information throughout the community will take the time to become better informed; and that they will involve themselves in the on-going process, which will include establishing the terms and conditions of public access as the City goes forward with establishing the reserve. He noted that in supporting this proposal/acquisition and the NCCP, he is not supporting any of the things that people criticize because those are not truly associated with the NCCP.
Mayor Gardiner asked that this clarification be placed on the City’s website under Frequently Asked Questions, dispelling some of the misinformation on this acquisition, and to include information regarding the financial impact of this purchase.
Councilman Wolowicz complimented everyone involved in this process; and complimented staff on taking the steps necessary to meet the deadlines for this acquisition.
Motion carried as follows:
AYES: Clark, Long, Stern, Wolowicz, Mayor Gardiner
Appointment of Member to the Traffic Committee. (106 X 1502)
City Manager Evans stated that last week he, Mayor Gardiner and Mayor pro tem Clark discussed the possibility of reformatting the Traffic Committee’s scope of work; discussed whether the Traffic Committee, as presently chartered, has adequate authority and resources to address one of Council’s tactical roles, which is to develop a citywide neighborhood traffic calming plan and to address parking issues. He explained that they discussed whether the Traffic Committee’s scope of work was too narrow and whether it could be more effective if the scope was broadened and whether it had the tools needed to effectively do its job. He advised that the conclusion among the three of them was that there would be a better way for the Traffic Committee to do its work. He noted that at the last meeting, Council requested that an ad hoc committee be formed to discuss the possibility of developing a new charter for the Traffic Committee; he advised that he had provided a draft copy of this new charter to Mayor Gardiner and Mayor pro tem Clark; and advised that following receipt of their comments on this draft, he would be bringing a report to the full Council for discussion.
Mayor Gardiner stated that the draft fully reflected the conversations of the ad hoc committee and noted his belief that it was ready to be brought to full Council for consideration at the next meeting.
Councilman Long stated that he had requested consideration be given to making the Traffic Committee a Commission.
Mayor Gardiner noted for Councilman Long that his suggestion regarding the Traffic Committee becoming a Commission had been addressed in the documents that will be presented to Council.
Councilman Stern complimented Mayor Gardiner, Mayor pro tem Clark and City Manager Evans on addressing this matter in a very timely manner; and expressed his belief that appointment to this body should be continued to a future meeting wherein the ad hoc committee’s item is considered.
Councilman Stern moved, seconded by Councilman Long, to delay the appointment to the Traffic Committee until the City Manager presents a revised Traffic Committee charter to City Council for consideration. Without objection, Mayor Gardiner so ordered.
Approval of Agreement with View Restoration Mediator. (1806)
Director Rojas presented staff report and the recommendation to (1) Authorize the City Manager to execute an agreement with Ms. Coleen Berg for professional mediation services not to exceed $14,000 annually for the View Restoration Pre-application process; and, (2) Discontinue use of the existing volunteer mediators (former View Restoration Commissioners). He noted that the City saves approximately $3,000 to $4,000 per application with this process.
Coleen Berg explained that she had been successful in her mediator role because she has been trained to take notice of various things going on in negotiations, such as body language, taking into account personal issues and acknowledging the history of each particular case. She stated that all those issues must be acknowledged and dealt with in order to have a successful resolution. She stated that professional mediators are specifically trained to communicate with people and to see between the lines. Ms. Berg expressed her belief that the use of a professional mediator has a positive effect on cases because those involved come to the meeting with a bit more respect for the process.
Councilman Stern stated that he was pleased with the negotiated rate and Ms. Berg’s success in mediating the City’s cases; and noted that the best thing the City can do is solve these problems in an efficient and inexpensive manner.
On behalf of the City and the seven cases mediated thus far, Mayor Gardiner thanked Ms. Berg for her work.
Councilman Stern moved, seconded by Councilman Wolowicz, to approve staff recommendation. Motion carried as follows:
AYES: Clark, Long, Stern, Wolowicz, Mayor Gardiner
Forrestal Management Plan. (1201)
The November 3, 2004 staff report recommended that Council select a date to conduct a public hearing to review and approve the proposed amendments to the Forrestal Management Plan.
Barbara Dye briefly commented on the multiple meetings and workshops; thanked those community members who worked very hard on this plan; and stated that on this date, the final revised trails plan had been approved by the committee.
City Manager Evans stated that a Council field trip would be scheduled so that the members can familiarize themselves with the area.
Ms. Dye expressed her belief that Council and the public could get a good sense of the area by walking down Forrestal Drive and Intrepid, noting that the walk should take no longer than a half hour. She advised that the current plan included every trail; and stated that the main issues that still need to be resolved are which trails should be equestrian and how much bicycle use there should be. She reiterated that the routes are not a conflict at this point, but that it is mostly the uses that are in question.
Councilman Long briefly noted the conflict with major issues and compatibility with some of the trails for joint use, in particular, compatibility of certain trails for joint use with mountain bikers and pedestrians; and he stated that safety for all is a major concern. He stated that he would like to receive at some point expert opinions as to the suitability of certain trails for joint use and how to address any issues or concerns that may come up regarding joint use.
Ms. Dye noted that a trails workshop had been conducted wherein experts from other jurisdictions were brought in to talk about multi-use trails. She added that this meeting was very informative and mentioned that it was also televised.
Mayor Gardiner questioned what percentage of the overall trail system is in dispute.
In response to Mayor Gardiner’s inquiry, Ms. Dye explained that the controversial issue is which trails will be proposed for bicycle usage.
Mayor Gardiner expressed his preference to have an expert advise Council on the suitability of multi-use trails and bicycle usage.
Ms. Dye mentioned that there is no standard for trail usage, that it is more a preference on the City’s part.
Councilman Long asked that the report include the rationale for whatever decisions are being recommended.
Council selected December 4, 2004, as the date to conduct a public hearing to review and approve the proposed amendments to the Forrestal Management Plan. Council agreed to meet at Ladera Linda Park at 10:00 A.M. to tour some of the trails, with a meeting following at 11:00 A.M. in the Ladera Linda Community Room.
Resol. No. 2004-96: Grant Application for Girls’ Softball Fields at Upper Hesse Park. (1201)
Assistant City Manager Petru presented staff the November 3 staff report and the recommendation to ADOPT RESOLUTION NO. 2004-96, APPROVING THE APPLICATION FOR FUNDS FROM THE CALIFORNIA STATE URBAN PARKS AND HEALTH COMMUNITIES GRANT PROGRAM ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR THE DEVELOPMENT OF TWO GIRLS’ SOFTBALL FIELDS AT UPPER HESSE PARK.
Councilman Wolowicz noted that Page 2 reflected that the grant required a one-third match of the total awarded grant amount, but stated that it should reflect a one-fourth match.
Assistant City Manager Petru stated that it was true both ways; explained that the match the City is requesting would be one-fourth percent of the total project cost, but one-third of the grant request; and pointed out that the numerical number in staff report is correct. She indicated that although both Ryan Park and Upper Hesse Park are currently proposed for girls’ softball, staff prepared the grant application only for Upper Hesse Park because this site had the fewest development issues associated with it. She added that it is a policy issue for Council to decide whether it wants to provide more than just the two fields at Upper Hesse Park that are part of this specific application.
Councilman Wolowicz expressed his desire for the state to understand that this City is committed to providing more girls’ softball fields than just those at Hesse Park, questioning whether this would cast the City in a better position for receiving the grant funding.
Assistant City Manager Petru advised that there was nothing specific in the grant criteria that staff saw which would gain the City more points for proposing an additional commitment.
Councilman Wolowicz encouraged staff to continue to search for various grants the City can use for the benefit of its residents and thanked staff for finding this grant.
Mayor pro tem Clark asked who discovered this grant source.
Assistant City Manager Petru credited Erin LeMonte with prompting staff to apply for this grant. She explained that staff has kept an eye on state grants for a couple years now, but that up until this point, the City had no project that would qualify for the grants. Ms. LeMonte’s inquiry caused staff to reexamine the status of the girls’ softball project and determine that it was probably far enough along to warrant the grant application.
Mayor pro tem Clark asked that Council express in writing its appreciation for Ms. LeMonte’s role in identifying this potential grant. He highlighted the importance of searching for creative financing.
Councilman Long stated that he would place increased emphasis in the introductory portion of the application that RPV is a community wherein its athletic fields were designed at a time when girls’ athletics was a very low priority and that now, existing fields are pretty much entirely designed for boys athletics and that the City is doing its part in addressing that sort of discrimination. He added that it should reflect there is not a level playing field right now and that the City is trying to create a level playing field.
Councilman Wolowicz moved, seconded by Councilman Stern, to approve staff recommendation; moved to send a letter of appreciation to Ms. LeMonte for her role in finding this grant; and moved to modify the application to reflect that the City’s current sports facilities are not designed for girls’ softball. Without objection, Mayor Gardiner so ordered.
Consider the Scheduling of Future Agenda Items. (1101)
Mayor Gardiner stated that the purpose for this item was to help City Manager Evans decide the sense of urgency for putting various items on the agenda. He pointed out that some of the listed items in the staff report could be routed to other bodies for initial work.
Councilman Stern noted his preference that City Council candidates be required to post their financial disclosure statements on the City’s website and asked that this be added to the list.
City Manager Evans stated that staff is seeking direction on which items Council would choose to tackle first.
Councilman Long ranked his preference in the following order:
Medium -- Hear Chamber Presentation for Promoting Business
Medium -- Consider an Economic Development Strategy
Medium -- Develop a Plan for Protection of City Property/Rights of Way
Low -- Consider Forming a Peninsula Cities Development Code Committee
Low -- Consider Re-establishing the View Restoration Commission
High -- Consider Establishing a Board of Administrative Appeals
High -- Consider an Automatic Emergency Phone Dialing System
High -- Consider a Feasibility Study for Wireless Internet
Low -- Consider No Smoking Ordinance for Beach Areas
Low --Consider a Policy for Awarding and Presenting Proclamations
Councilman Wolowicz suggested that each Council Member rate the items in order of priority and that they forward their lists to City Manager Evans for compilation and returned to Council at a future meeting.
City Attorney Lynch stated that the compiled lists would be brought back at another meeting.
Councilman Wolowicz questioned bringing back old items and questioned what timetable the old items will be placed.
Councilman Long suggested that Council rank "high" those items they wish to address in this next quarter, "medium" in the next year, and "low" when time permits.
Mayor Gardiner suggested forwarding "Hear Chamber Presentation for Promoting Business" and "Consider an Economic Development Strategy" to the Finance Advisory Committee (FAC); suggested forwarding "Consider an Automatic Emergency Phone Dialing System" to the Emergency Preparedness Committee for consideration; and that he, Mayor pro tem Clark and City Manager Evans work on prioritizing the rest of the items.
Councilman Long moved, seconded by Councilman Stern, to adopt staff recommendations on Page 2; to leave out the item which says "no recommendation"; that the first two items be referred to FAC, subject to the same timing; to add to the list that City Council candidates be required to post their financial disclosure statements on the City’s website; that each Council member forward a prioritization list to City Manager Evans for compilation as expeditiously as possible; that at a future meeting, the tally sheet will be brought back to Council for consideration; to direct staff to prepare a preliminary feasibility study for wireless internet; and that the priority rankings be as follows: "high" to be considered within the next quarter, "medium" to be considered within a year, and "low" to be considered whenever it gets done. Without objection, Mayor Gardiner so ordered.
City Manager Evans stated that he would compile a super list for Council’s review and input and that this matter will be placed on a future agenda when input from Council Members has been received and compiled.
Agenda Format and Procedures Issues. (307)
Because of the upcoming Mayor’s rotation process, Mayor Gardiner suggested that this matter be continued until that time, pointing out that the new Mayor may wish to tinker with the format/procedures.
With regard to Circle Page 16, Councilman Long expressed his belief that the rules should not be casually suspended by a majority vote.
Councilman Stern suggested Council adopt the modified rules on Circle Page 12.
City Attorney Lynch explained that the highlighted wording on Circle Page 12 should be deleted because it has the potential of violating a person’s rights and expressed her belief that a case would not stand under judicial decision. She stated that if a person repeatedly disrupts a meeting, the meeting should be recessed, the person is asked to cease, and leave and/or a sergeant in arms remove that person from the venue. With regard to the bottom of Circle Page 13, she explained that state law now requires resolutions have to be adopted with a minimum of three Council votes. She briefly highlighted the change on Circle Page 14, waiving staff reports, and Circle Page 7, altering Council scheduling of regular meetings due to certain elections.
Councilman Wolowicz suggested adding the word "federal" or "national."
Councilman Long stated that he votes in all elections when he is permitted; and noted that because he is usually not able to vote in the mornings and is not amenable to absentee ballots, he would have to miss part of a meeting in order to vote after he gets off work.
Councilman Stern suggested that the matter concerning voting and meetings be considered at a future meeting.
Councilman Stern moved, seconded by Councilman Long, to adopt modified Rule Nos. 6.2, 6.3 and 7.4 and that this matter be placed on an Agenda when a new Mayor is seated. Without objection, Mayor Gardiner so ordered.
COUNCIL DISCUSSION OF FUTURE AGENDA ITEMS & SUGGESTION OF FUTURE AGENDA ITEMS:
CLOSED SESSION REPORT:
No action taken.
At 10:00 P.M., Council meeting adjourned to 10:00 A.M. Saturday, November 13 for a site visit at 28531 Palos Verdes Drive East and 1 Bronco Drive regarding the matter of view restoration. Motion made by Councilman Stern.
/s/ Larry Clark
/s/ Jo Purcell