CC MINS 20030603MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JUNE 312003
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 7:15 P.M., the meeting was reconvened.
Roll call was answered as follows:
PRESENT: Clark, Ferraro, Gardiner, McTaggart, and Mayor Stern
ABSENT: None
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
Ara Mihranian; Associate Planner Dave Blumenthal, City Clerk/Administrative Services
Director Jo Purcell; and Recording Secretary Bothe.
The flag salute was led by Director of Finance Dennis McLean.
MAYOR'S ANNOUNCEMENTS:
Mayor Stern thanked all those who participated in the successful City Hall Annual
Hazardous /Electronic Waste Roundup held on May 17; stated that every Friday,
Saturday and Sunday there is a free household hazardous waste event in San Pedro on
Gaffey Street and every Saturday and Sunday at the Hyperion Treatment Plant at 7660
West Imperial Highway; and he urged everyone to properly dispose of
hazardous /electronic waste. He added that for those seeking additional information,
they may call 1- 800- 98TOX1 C.
Mayor Stern urged the residents to conserve energy; noted that the South Bay Energy
Rewards Program is giving away two free compact fluorescent bulbs while supplies last;
explained that residents may bring their Edison customer account information to City
Hall for processing of paperwork; and that further information may be obtained by
calling 1- 888 - 467 -7776.
Mayor Stern urged everyone to vote in today's School Board election.
CEREMONIAL MATTER:
Mr. Corey Gamble commented on the two panels from the 911 Quilt display that are
hanging in the Fred Hesse lobby this evening; noted that the two panels represent the
47 individuals from California who lost their lives in the tragic event which took place
September 11, 2001. He stated that these panels are routinely taken to various events
throughout California and elsewhere.
Councilman Clark indicated that he had seen the 911 Quilt display at the Annual
Federal Women's Recognition Day Luncheon at the Los Angeles Air Force Base, and
that it was very moving, and it would be appropriate to share the 911 Quilt display with
our community.
Mayor pro tem Ferraro noted her interest in having the 911 Quilt panels displayed at the
local schools.
On behalf of the City Council and the residents, Mayor Stern expressed his appreciation
of Mr. Gamble for bringing the panels to this City for display; and he requested that Mr.
Gamble provide the City Manager with information on how other organizations can have
this exhibit displayed at various events.
RECYCLE DRAWING:
Mayor Stern announced the two May recycle winners, Gertrude Nash and Gordon
Lange, who will both receive a check for $250. He encouraged everyone to recycle.
APPROVAL OF AGENDA:
Councilman Clark moved, seconded by Mayor pro tem Ferraro, to approve the Agenda
as submitted. Motion carried.
APPROVAL OF CONSENT CALENDAR:
City Clerk Purcell stated that suggested changes to the Minutes had been distributed to
the City Council and that late correspondence relating to items other than Consent
Calendar items had been distributed to the City Council.
Councilman Clark recused himself from voting on the approval of the May 6, 2003
Minutes due to his excused absence from that meeting; and he noted his desire to pull
Consent Calendar Item Nos. 8, 9, and 10.
Mayor Stern requested to pull Consent Calendar Item Nos. 4, 5, 7, 8, 9, and 10 and to
address all these issues as one common policy issue.
Tom Redfield, Rancho Palos Verdes, speaking in regard to Consent Calendar Item No.
3, urged all the election candidates to strictly run a non - partisan election campaign this
fall.
Addressing Mr. Redfield's comment and speaking from personal experience,
Councilman McTaggart explained that sometimes these things happen without the
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June 3, 2003
Page 2 of 22
knowledge and consent of the candidate; and noted his support for a non - partisan
election campaign.
Mayor Stern expressed his belief that the elections should be completely non - partisan,
and he noted his opposition to individuals sending out deceptive materials during the
elections.
Lois Larue, Rancho Palos Verdes, highlighted some of the fees reflected in the Register
of Demands.
Jointly addressing Consent Calendar Item Nos. 4, 51 71 8, 9, and 10, Mayor Stern
commented on the various agreements and the option for mutual renewal by both the
City and the contractors; and he questioned what staff is attempting to achieve with the
mutual party agreements for extensions and questioned whether the City's goal is
clearly expressed.
City Manager Evans commented on the City's mutual agreement clause philosophy. He
stated that in the past, staff had granted low -bid contracts with a unilateral right of the
City to renew at the end of the term, but added that staff found the level of service to
decrease in quality if the contractor was forced to renew. City Manager Evans
explained that the mutual agreement philosophy has been designed so that the City can
continue with those quality contractors who want to work with the City.
When evaluating contract offers, Councilman Clark expressed his preference that the
City's philosophy should be one that sets out to receive the best value /service for this
community, not just the best price — pointing out that when low bids are the main
priority, it can have a negative impact upon the level of service and quality of work; and
stated that the agreements should reflect that quality vendors who demonstrate top
performance will receive a renewal.
City Manager Evans noted the importance of hiring and maintaining quality vendors who
have knowledge of this geographically unique city — highlighting activities such as street
sweeping, tree trimming, roadway maintenance, and trash collection in this area; and he
expressed his belief that the current point system and mutual agreement philosophy is
one that is working well for this City.
Director Allison concurred with City Manager Evans' comments regarding the
importance of retaining quality and knowledgeable vendors who know the nuances of
this particular City, especially with those in the engineering and public works fields.
Councilman Gardiner noted his support that the City focus on best value, a system that
won't drive away a more legitimate vendor due to a rule of accepting only low bids.
City Manager Evans explained that this current mutual agreement system has evolved
and that it is working very well for this City; he advised that the contractors are pre -
qualified; and explained that the only sure way to know if the City is getting a good,
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June 3, 2003
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quality deal is to try them out for more than one year — pointing out that one year is not
enough for a new contractor to make any money and prove their worthiness.
Councilman McTaggart highlighted the difficulty of contractors making money due to
competing for unknowns that may occur.
In response to Councilman McTaggart's comment with regard to competing with
unknowns, Councilman Clark stated that there are ways to make future price
adjustments in contracts to protect each party; and noted his preference that the
renewal options in the contracts be fine -tuned to give the City the advantage.
City Manager Evans explained that the contracts are set up to cover a 3 -year term with
3 one -year mutual options for renewal; and stated that the contracts include a cost
escalator.
Mayor Stern noted his support of giving a vendor adequate time to make sure that they
can turn a profit, that he would support the 3 -year term; and he agreed that this gives
the City the stability of project pricing and allows the City to project its costs.
Councilman Clark stated that he understands the City's position that the base 3 -year
period is working well, but stated that he is more interested in looking at the renewal
option on the City's side, not a mutual, bilateral agreement, but one that embeds sound
performance into the contract.
Councilman McTaggart stated that he is supportive of staff's position on the 3 -year base
contract.
Director Allison explained that the City still has the ability to cancel out a poorly
performing contractor with 30 days' notice; stated that the base 3 -year contract works to
the City's advantage; and expressed his belief that it does not work well unless there is
a mutual agreement to extend the contract.
Councilman Clark requested that the Council be provided an annual summary report on
how the contracts are operating in terms of intent versus actual execution; and stated
that the City Council can decide from the annual summary reports whether any changes
should be made in the procurement process followed by the City.
Mayor pro tem Ferraro noted her support for staff's current system.
City Attorney Lynch explained that some minor changes would be made to the contracts
to increase the assurance on the part of the City.
Mayor Stern requested that as the City enters the new contracts and staff brings these
to City Council for review, that the reports reflect the historical cost the City has incurred
for that particular service.
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June 3, 2003
Page 4 of 22
Councilman Gardiner moved, seconded by Councilman McTaggart, to approve the
Consent Calendar as amended. The motion to approve the Consent Calendar carried
on the following roll call vote:
AYES: Clark, Ferraro, Gardiner, McTaggart, Stern
NOES: None
ABSENT: None
ABSTAINED: Clark (May 6, 2003 Minutes only)
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 of May 6, 2003. (301)
Approved the Minutes as amended.
November 4th General Municipal Election. (501)
Adopted the following resolutions: (1) RESOL. NO. 2003 -37, CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN
SAID CITY ON TUESDAY, NOVEMBER 4, 2003, FOR THE ELECTION OF CERTAIN
OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF
THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; (2) RESOL.
NO.2003 -38, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO
THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 4, 2003; and, (3) RESOL. NO. 2003 -39, ADOPTING
REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED
TO THE ELECTORATE OF AND THE COSTS THEREOF FOR THE GENERAL
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 4,
2003.
Professional Services Agreement - Community Development Block Grant
Administration - Fiscal Year 2003 -04. (601 x 1204)
Approved the option to renew a professional services agreement with Diana Cho and
Associates to continue providing Community Development Block Grant Program
administration services for the period July 1, 2003 to June 30, 2004, for a not -to- exceed
amount of $25,000.
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June 3, 2003
Page 5 of 22
Professional Services Agreement - Community Development Block Grant - Home
Improvement Program Administration - Fiscal Year 2003 -04. (601 x 1204)
Approved the option to renew a professional services agreement with MDG and
Associates to continue providing home improvement program administration services
through the Community Development Block Grant Program for the period July 1, 2003
through June 30, 2004, for a not -to- exceed amount of $35,000.
Claim against the City by Peter and Farzanah Parsa. (303)
Rejected the claim and directed staff to notify the claimant.
Professional Services Agreement for Source Reduction and Recycling Element
(SRRE) and Used Oil Block Grant Implementation, and Support Services for FY
03 -04. (1301 x 1204)
Approved a one -year extension option for the professional services agreement with
SCS Engineers to continue providing support services for the City's implementation of
the Source Reduction and Recycling Element and Used Oil Block Grant programs for
the period July 1, 2003 to June 30, 2004, for a not -to- exceed amount of $22,000.
Street Sweeping Contract for Fiscal Years 2003 -04, 2004 -05, and 2005 -06. (1405 x
1204)
(1) Awarded a contract for Street Sweeping Services for Fiscal Years 2003 -04, 2004 -059
and 2005 -06 to Nationwide Environmental Services, and authorized the Mayor and City
Clerk to execute a contract; and, (2) Authorized the expenditure of up to $125,000 for
this contract for FY 03 -04.
Roadway Maintenance Contract for Fiscal Years 2003 -04, 2004 -05 and 2005 -06.
(1405 x 1204)
(1) Awarded a contract for Street Maintenance Services for Fiscal Years 2003 -04, 2004-
05, and 2005 -06 to Hardy and Harper, Inc., and authorized the Mayor and City Clerk to
execute a contract; and (2) Authorized the expenditure of up to $450,000 for this
contract for Fiscal Year FY 2003 -04.
Signal Maintenance Services for Fiscal Years 2003 -04, 2004 -05 and 2005 -06. (1405
x 1204)
(1) Awarded a contract for Signal Maintenance Services for Fiscal Years 2003 -04,
2004 -05, and 2005 -06 to Republic Electric and authorized the Mayor and the City Clerk
to execute said contract; and (2) Authorized the expenditure of up to $55,000 for signal
maintenance services for FY 2003 -04.
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June 3, 2003
Page 6 of 22
Treasurer's Report for the month of April 2003. (602)
Received and filed the April 2003 Treasurer's Report.
Arterial Rehabilitation Program -Crest Road Overlay Additional Engineering
Services. (1404 x 1204)
(1) Approved an addendum to the scope of services of an existing contract for
Professional Engineering Services provided by Willdan, for a not -to- exceed fee of
$14,900 for services related to the City's Arterial Rehabilitation Program; and (2)
ADOPTED RESOLUTION 2003 -40, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2002 -45, THE
BUDGET APPROPRIATION FOR FISCAL YEAR 2002 -03, FOR A BUDGET
ADJUSTMENT TO THE CITY'S CAPITAL IMPROVEMENT PROGRAM FUND AND A
FUND TRANSFER OF $14,900 OF PROPOSITION C FUNDS.
Register of Demands. (602)
ADOPTED RESOLUTION NO. 2003 -41, 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.
# # # # # # # # # # # #
PUBLIC HEARINGS:
Adoption of the City Budget and Employee Salary Ranges for Fiscal Year 2003-
2004. (1202 X 602)
City Manager Evans presented staff report and the recommendation to: (1) ADOPT
RESOLUTION NO. 2003 -42, APPROVING THE CITY BUDGET FOR FISCAL YEAR
2003 -2004; and, (2) ADOPT RESOLUTION NO. 2003 -43, ESTABLISHING SALARY
AND HOURLY RANGES FOR COMPETITIVE AND MANAGEMENT EMPLOYEE JOB
CLASSIFICATIONS.
Councilman Gardiner stated that he is prepared to approve the budget as submitted
with the understanding that this is the baseline start of the process, that revisions will be
able to be made as the state budget changes.
Councilman Clark agreed to approve this budget with the understanding that this
approval would allow for some of the prioritization projects to be put back into operation
if the state budget crisis should improve and more money becomes available to the City.
With regard to the grant program, Mayor pro tem Ferraro commented on Assistant City
Manager Petru's and her efforts to be as equitable as possible in arranging the
recommended amounts for the requesting agencies; and addressed the difficulty with
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June 3, 2003
Page 7 of 22
limited funding in this tough budget year. She pointed out that because this City does
not have senior or youth centers, funds were granted to assist these causes; and
pointed out that all groups had been reduced in funding assistance due to the budget
problems, not because of lack of worthiness. Mayor pro tern Ferraro commended
Assistant City Manager Petru for her assistance in this effort.
City Manager Evans explained that Paragraph B on Page 6 should be deleted.
Councilman McTaggart commented on what might be a lengthy budget crisis in the
state and expressed his belief that the City should continue to cut costs and spending
for as long as necessary, that the City continue to be prudent in its spending.
Councilman McTaggart moved, seconded by Mayor pro tem Ferraro, to concur with
staff's recommendation as amended. The motion carried on the following roll call vote:
AYES:
Clark, Ferraro, Gardiner, McTaggart, Stern
NOES:
None
ABSENT:
None
RECESS AND RECONVENE
Mayor Stern recessed the meeting at 8:35 P.M. and reconvened the meeting at 8:47
P.M.
CITY COUNCIL ORAL REPORTS:
Councilman Clark stated that he participated in the 44th Annual California Contract
Cities Educational Seminar at Indian Wells; commended John McTaggart for his tenure
as California Contract Cities President; and highlighted his interest in a seminar topic
that addressed the differences between a general law city and a charter law city and the
pros and cons to each one. He stated that approximately 100 out of the 488
incorporated cities in California are charter law cities; and this is most likely due to the
fact that it is much easier to incorporate under State general law provisions than it is
with charter law provisions; and noted his desire that this City give some consideration
to what it would take for this City to become a charter city, believing that this will give
the City greater flexibility and potentially greater control over municipal affairs.
Councilman Clark indicated his desire to see the Staff and City Council review /explore
the topic of Rancho Palos Verdes as a Charter City later in the year or early next year
as part of a future Council workshop.
Councilman Clark stated that another interesting topic at the seminar was stop signs
and signals; noted that discussion ensued with regard to placing stop signs and signals
uniformly throughout a city, along with the advice of professional and solid advise of
engineering support for the placement — noting that erecting signals /signs without
professional guidance can place the City in a precarious position for potential lawsuits;
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June 3, 2003
Page 8 of 22
and stated that at this seminar, it was also noted that speed bumps tend to divert traffic,
not control speed.
Councilman McTaggart mentioned that Councilman Clark had the lowest golfing score
of 79 for the elected officials flight at the annual kick -off golf tournament -- pointing out
that Councilman Clark has won two of the Contract Cities golf tournaments for this City.
Mayor pro tem Ferraro stated that she attended the Mayor's Breakfast meeting; and that
she attended the Sanitation District Board meeting — pointing out that 1,775 households
participated in the May 17th waste roundup at City Hall. She indicated that there is
another waste roundup in Torrance on June 21St. She stated that she has been
participating in the 30th Anniversary Committee meetings; and reminded the public that
the community barbeque will be held on September 6, and the dinner dance at Los
Verdes will be held on October 17. She advised that she attended the Waste Basin
Water Association meeting on May 21St; highlighted the interesting topic of desalination
and the limited supply of water in the region; and noted that the electricity rates are
expected to be decreased this summer, but that this decrease will have a proportionate
impact upon the City's budget — pointing out that this reduction for the City had been
factored into the City's budget. She added that she had attended the PV Chamber of
Commerce meeting to honor Harlyn Norris.
Councilman McTaggart stated that he had attended the California Contract Cities
Conference in Indian Wells; reiterated the statement that studies indicate that signals
are not a safety device, that they only control the flow of traffic; noted that the Water
Board presented a topic on storm water issues; and advised that American Medical
Response routinely delivers an ambulance to Contract Cities Association, giving the
outgoing president the opportunity to decide which city the donated ambulance will
serve — pointing out that he chose the city of Loreto, Mexico. In recognition of his
tenure as president of California Contract Cities, Councilman McTaggart noted his
pleasure in being a recipient of the El Grand Matador award, which has been given to
many distinguished political and high- ranking public officials. Councilman McTaggart
stated that he attended on June 2 the South Bay Governing Council Mass Transit
Authority meeting and stated that one of the items on the agenda was the adoption of its
budget and a summary of the cost for new busses.
Mayor Stern stated that he attended the PV Chamber of Commerce event in honor of
Harlyn Norris on May 22nd; noted that he was honored to attend the Marymount College
graduation ceremony on May 24th; that on May 28th, he attended the Older Americans
Recognition event in Downtown L.A. where Ken Dyda was honored for his significant
contributions to his community; stated that he attended the Contract Cities Conference
in Indian Wells; and that he attended the Green Hills Memorial Day event.
PUBLIC COMMENTS:
Lois Larue, Rancho Palos Verdes, briefly addressed the City election this fall; and
wished Assistant City Manager Petru a speedy recovery.
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June 3, 2003
Page 9 of 22
Libby Aubrey, Rancho Palos Verdes, questioned if there is an accountability measure
taken into consideration with contracted vendors; and commented on her recent
experience witnessing a local traffic accident and the sheriff's deputy's statement that
he had not been instructed to clean up the broken glass from the City's roadways.
General Plan Amendment, Coastal Specific Plan Amendment, Zone Change, Zone
Text Amendment, and Environmental Assessment (Case No. Zon2003 -00036 &
ZON2003- 00113), for Property Located at 6100 Palos Verdes Drive. (701 x 1802)
Associate Planner Blumenthal presented staff report and the recommendation to (1)
ADOPT RESOLUTION NO. 2003 -44, CERTIFYING THE NEGATIVE DECLARATION;
(2) ADOPT RESOLUTION NO. 2003 -45, APPROVING THE GENERAL PLAN
AMENDMENT AND COASTAL SPECIFIC PLAN AMENDMENT; (3) INTRODUCE
ORDINANCE NO. 392, APPROVING THE ZONE TEXT AMENDMENT; and, (4)
INTRODUCE ORDINANCE NO. 393, APPROVING THE ZONE CHANGE.
With regard to Page 13, Section 5f, Mayor Stern suggested revising the sentence as
follows: "...changes on a parcel or property shall be brought..."
City Attorney Lynch noted her concurrence with Mayor Stern's request.
Dana Ireland, Rancho Palos Verdes, noted his support for staff's recommendation;
expressed his belief that this should be the final change to this zone; and advised that
he got approval signatures of all the residents within 500 feet of this site for the
proposed zone change — pointing out that he was not able to get in contact with 3 of the
residents. He stated that escrow had closed and that he is now the owner of this
parcel; and that it is his intent to remodel the structure into a residential use.
Councilman McTaggart moved, seconded by Councilman Clark, to concur with staff
recommendation as amended. The motion carried on the following roll call vote:
AYES:
Clark, Ferraro, Gardiner, McTaggart, Stern
NOES:
None
ABSENT:
None
REGULAR BUSINESS:
Ordinance No. 390: Regulating Parking of Certain Vehicles. (1502)
Director Rojas presented the staff report and the recommendation to ADOPT
ORDINANCE NO. 3907 AS AMENDED - AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES REGULATING THE PARKING OF CERTAIN VEHICLES ON
PRIVATE PROPERTY AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL
CODE. (This ordinance was first RE- INTRODUCED at the May 20th City Council
meeting.)
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June 3, 2003
Page 10 of 22
Mayor Stern advised that he had reviewed a copy of the videotape of this discussion
from the May 20th meeting. Addressing the issue of the appropriate type of cover to
require in those circumstances that the proposed ordinance requires the covering of
vehicles, Mayor Stern expressed his belief that simply allowing a tarp to cover a vehicle
is not adequate; that he does not believe the cover must be custom made, but that
these vehicles should be covered with a cover that is made for a particular sized
vehicle; and that the cost for a cover should be within the realm of what is appropriate.
He stated that these vehicles should be covered when visible to the neighborhood.
Councilman Clark stated that while he would not support requiring expensive custom
made covers, the City should require that a cover should not be hanging all over the
ground and creating an additional unsightly condition.
Councilman Gardiner questioned how the City plans to define degradation of a
neighborhood.
Mayor Stern stated that simply allowing a tarp to be thrown over a vehicle would be
unacceptable, that it would degrade the aesthetics of a neighborhood if it were visible to
the public right of way.
Councilman Clark pointed out that residents have chosen to live in this incorporated
city; that there are particular values in this coastal peninsula where residents have a
right to some sort of adherence to reasonable aesthetics, such as landscaping and
absence of having to view damaged /disabled vehicles on neighbors' properties; and
that this City's residents certainly have a right to and should enjoy their recreational
vehicles, but that they should be sensitive to their neighbors and residential
neighborhoods in storing recreational vehicles on their property.
Councilman Gardiner questioned how the City can create regulations based on
aesthetics and how it will make a distinction between quality and aesthetics.
City Attorney Lynch explained that the City could distinguish between a cover that will
not detract from other properties in the area, that would be aesthetically pleasing, not
negatively impact neighboring property values, and maintained in a way to uphold the
property values. She noted that the Council could decide to require a cover only on
vehicles that are visible to the public right of way and parked on paved surfaces.
Further discussion ensued with regard to defining a properly maintained vehicle and
cover.
Mayor Stern stated that he is supportive of the work that the Planning Commission, staff
and other individuals have put into this proposal.
Councilman Clark highlighted the large amount of input this issue received from various
individuals; stated that he would support a 6 -month review process not only at the
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June 3, 2003
Page 11 of 22
Planning Commission level, but also at the City Council level to see if this proposal is
working as intended.
Councilman McTaggart questioned if the City can enforce someone parking a vehicle
on his or her own vacant lot.
City Attorney Lynch noted for Councilman McTaggart her belief that this could be
enforced.
Councilman Gardiner stated that he would support a resident parking their own vehicle
on their own vacant lot.
Ernest Giannioses, Rancho Palos Verdes, noted his opposition to requiring an
expensive vehicle cover; stated that a property owner should be permitted to reasonably
utilize their own vacant lot for their limited number of vehicles; and noted his support for
a 6 -month review of this process, suggesting that the City put in place a permit system
to all an owner of a vehicle to park on their own vacant lot.
Councilman Clark expressed his belief that the proposed ordinance is a reasonable
approach to covering vehicles that are in disrepair and /or unsightly; and noted the need
to tighten the language so that these vacant lots do not become a for - profit parking
area, but to allow a property owner of a contiguous vacant lot to utilize the lot for family
vehicles.
City Attorney Lynch suggested that the City Council might choose to continue this
matter to the next meeting so that staff could provide additional language to the
ordinance.
Mayor Stern stated that he would support a continuance of this matter in order to tighten
up the language.
Mayor pro tern Ferraro urged this body to come together on this matter and to expend
staff and City Council time more efficiently -- pointing out that at the last meeting, she
had suggested that a property owner of a contiguous vacant lot be permitted to park on
their own lot, but she stated that there was no support by this body of that same
suggestion at the last meeting.
Tom Redfield, Rancho Palos Verdes, stated that the Planning Commission, staff and
other individuals put a lot of thought into this provision; and he urged this body to not
delay this item, to give this ordinance a 6 -month trial period. He noted that the intent of
this provision is to shield from view those vehicles that are wrecked and /or unsightly;
expressed his belief that the majority of neighbor complaints never make it this far, that
they are resolved amongst the neighbors in a reasonable fashion; and that this
provision helps to deal with those people that will not respond to neighbors' complaints.
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June 3, 2003
Page 12 of 22
Ralph Ortolano stated that the same language in 6c should be acceptable in 6a if the
City's concern is in regard to property values; noted his opposition to a 6 -month review
period, believing that it is not a good legal maneuver because it acts like an injunction.
He suggested that for clarification purposes, the definition include "street legal vehicles."
Mr. Ortolano questioned if this. provision would allow for someone to make their own
vehicle cover, specially designed for their vehicle; and expressed his belief that it will be
difficult to define the aesthetics of a vehicle cover. He urged the City to allow property
owners of contiguous vacant lots to reasonably utilize their own vacant lots for parking
of family vehicles; and stated that a vehicle should not have to be covered if it is not
viewed from the public right of way.
Mayor Stern stated that he would not like to see a profit motive created for people to
use their vacant land to store vehicles; noted that he would adopt this ordinance as is,
but that he would ask staff to look into the possibility of allowing the utilization of
contiguous vacant lots for use by the same property owners.
Mr. Ortolano stated that the ordinance could be worded to prohibit profiting from parking
business; and explained that he allowed a neighbor to park on his vacant lot to appease
another neighbor who had complaints with the vehicle.
Councilman Gardiner noted his appreciation for the City Council addressing his
concerns with this provision; expressed his belief that this provision is moving toward
something that he could support; and stated that the provision should approach the
covering of dilapidated vehicles in a sensible manner. He stated that if a vehicle is not
visible to the public right of way, it should not have to be covered; and stated that the
wording should be altered to allow for a family to use their contiguous vacant lot for a
reasonable parking purpose.
Councilman Clark stated that he would support the family's use of the lot as long as it is
screened from the public right of way and properly surfaced.
Councilman McTaggart suggested that the words "covered neatly" should be an
acceptable definition.
Councilman Gardiner expressed his belief that this needs to go through one more
iteration to tighten up the language.
Councilman Clark stated that the basic premise should be to cover vehicles in disrepair
on private properties.
Councilman McTaggart noted his concern with the lack of a definition for what is meant
by "disrepair."
City Attorney Lynch stated that the provision is not intended to require a person to
purchase a manufactured vehicle cover.
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June 3, 2003
Page 13 of 22
Councilman Gardiner noted the need to craft language so that the covering of a vehicle
will not create another mess or nuisance.
City Attorney Lynch stated that the wording will include a generic type of cover and that
the vehicle, if uncovered, should be out of view from the public right of way.
Councilman Clark moved, seconded by Councilman Gardiner, that this matter be
continued; that staff craft language that takes into account the input provided by the City
Council at this evening's meeting; and that the proposal be presented to the City
Council for further review at a suitable date.
City Attorney Lynch reiterated the City Council's desire that staff explore the notion to
allow parking on a contiguous vacant property under the same general ownership or
control as the developed property next door; that staff further define that vehicles
parked in a visible area cannot be in a state of disrepair; and if it's in disrepair or
inoperable, that it must be covered.
Mayor Stern noted his support that the contiguous vacant lot be utilized for personal use
by the immediate family of the property owners.
Councilman Gardiner noted his support for the wording of a generic cover if the vehicle
is visible from the public right of way.
City Manager Evans stated that this item will be brought back at the City Council's July
1St meeting.
Hearing no objection, Mayor Stern so ordered the continuance of this matter to the July
1St meeting.
RECESS AND RECONVENE
Mayor Stern recessed the meeting at 10:34 P.M. and reconvened the meeting at 10:41
P.M.
Appointment of Members to the Emergency Preparedness Committee and
Selection of Chair. (401)
City Clerk Purcell briefly commented on the balloting process to: (1) Appoint seven
members to serve on the Emergency Preparedness Committee; and, (2) Select a chair
for the committee.
The following votes were tabulated:
Mayor Stern: Shirley Borks, Maureen Ford, Mel Hughes, Jack Karp, Tim McCully,
Stuart Salot, Richard Smith.
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June 3, 2003
Page 14 of 22
Mayor pro tem Ferraro: Shirley Borks, Jennifer Boudreau, Maureen Ford, Mel Hughes,
Jack Karp, Stuart Salot, Richard Smith.
Councilman Gardiner: Shirley Borks, Maureen Ford, Mel Hughes, Jack Karp, Tim
McCully, Stuart Salot, Richard Smith.
Councilman Clark: Shirley Borks, Jennifer Boudreau, Maureen Ford, Mel Hughes, Jack
Karp, Stuart Salot, Richard Smith.
Councilman McTaggart: Shirley Borks, Jennifer Boudreau, Maureen Ford, Mel
Hughes, Jack Karp, Tim McCully, Stuart Salot.
The following individuals were selected for the Emergency Preparedness Committee:
Shirley Borks, Maureen Ford, Mel Hughes, Jack Karp, Stuart Salot, Richard Smith.
The following individuals were tied with 3 votes each: Jennifer Boudreau and Tim
McCully.
Because of this large undertaking, Councilman Gardiner stated, echoed by Councilman
Clark, that he would support an 8- member committee.
City Attorney Lynch stated that the resolution will be amended to reflect the increased
size of the committee.
It was the consensus of the City Council to increase the size of this committee to 8
members, with 4 making a quorum.
Without objection, Mayor Stern so ordered the change to the resolution.
Based upon the preference by the candidates, Councilman Clark suggested the
following members serve a 2 -year term: Maureen Ford, Tim McCully, Stuart Salot,
Shirley Borks; and that the following members serve a 4 -year term: Jennifer Boudreau,
Jack Karp, Richard Smith, Mel Hughes.
Councilman Clark moved, seconded by Councilman Gardiner, to appoint these
members for the reflected number of years. No objection was noted.
Councilman McTaggart moved, seconded by Mayor Stern, to appoint Mel Hughes as
the Committee Chairman. This motion was ultimately superseded.
Councilman Gardiner suggested that while transitioning from the task force, Jack Karp
should continue as the Chair and Mel Hughes and Richard Smith be appointed as co-
vice- chairs.
By way of a substitute motion, Councilman Gardiner moved, seconded by Mayor pro
tem Ferraro, to appoint Jack Karp as Committee Chair and that Mel Hughes and
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June 3, 2003
Page 15 of 22
Richard Smith serve as co- vice - chairs for a term of one year. Motion carried without
objection.
Adoption of Resolution Denying Large Domestic Animal Nonconformity
Statement No. 26 [Sutton, 16 Peppertree Drive]. (1804)
Senior Planner Fox presented the staff report and the recommendation to ADOPT
RESOLUTION NO. 2003 -46, MEMORIALIZING THE CITY COUNCIL'S ACTION OF
MAY 20, 2003 WITH RESPECT TO LARGE DOMESTIC ANIMAL NONCONFORMITY
STATEMENT NO. 26.
Councilman Gardiner moved, seconded by Mayor pro tem Ferraro, to approve the staff
recommendation.
Mayor Stern stated that he had previously submitted a requested change to a
typographical error on Page 6 of the Draft Resolution; advised that he had listened to
the entire discussion of this matter from the prior meeting; and suggested that in Section
3, Page 7, wording should be included to make it clear that this does not supersede any
other constraints, such as the order in that particular court case; and that he believes it
would be beneficial to add "or any other order of any court or agency that may be issued
in the future."
There was no objection to this amendment. Motion carried without objection.
The Appointment of an Ad Hoc Steering Committee Assigned with the Task of
Reviewing the Residential Development Standards of Title 17 of the Municipal
Code (Carryover from May 20th meeting). (1801)
Senior Planner Mihranian presented the staff report and the recommendation to review
staffs recommended process for appointing members to the ad hoc steering committee
and the committee's proposed scope of work, and provide staff with further direction.
Councilman McTaggart noted his concern that implementing these development codes
would create a large number of nonconforming uses throughout the City.
City Attorney Lynch explained for Mayor Stern that under existing codes, if more than
50 percent of the structure is burned or demolished, the owners would have to rebuild to
current standards.
Councilman Clark questioned whether a class of properties could be grandfathered in
under the old standard.
City Attorney Lynch explained that the City Council could change the standard.
Mayor Stern stated that development standards should be considered and suggested
that there may be a way to prevent a negative impact upon the current property owners.
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June 3, 2003
Page 16 of 22
Councilman McTaggart stated that if someone's house burned down, they would have
to obtain a variance in order to build the same type of house as their neighbors; and he
noted his opposition to the implementation of this provision.
City Attorney Lynch noted that in cases such as this the home could be rebuilt under the
grandfathering provisions of the Development Code.
Mayor Stern expressed his belief that the development standards should be considered,
that he is not opposed to taking steps in going forward with the future development of
this community; and he highlighted the need to not create a problem with these
standards.
Councilman Clark stated that this is an area that needs to be explored by the ad hoc
committee.
Mayor pro tem Ferraro pointed out that the current development standards were
completely revised in 1997; stated that one of the problems with houses being too close
and too large stems from the residential planned developments; and expressed her
belief that this may not be necessary.
Councilman Clark suggested there are areas in this portion of the development code
that needs further consideration to address legitimate concerns with new developments.
Mayor Stern recommended reappointing Councilmen Clark and Gardiner to this new
City Council ad hoc committee.
Councilman Gardiner stated that it would be better to have new sets of eyes look at
these standards, believing that new individuals can bring new and different insights to
this issue.
Mayor Stern suggested continuing this matter. No objection was noted.
Councilman Clark suggested that staff find out if members from the last ad hoc
committee are interested in serving on this new committee.
Proposed Wireless Emergency Network. (401 x 602)
Director McLean presented staff report and the recommendation to: (1) Authorize an
appropriation of $56,000 during FY 2002 -2003 from the California Law Enforcement
Equipment Program grant funds for payments to Palos Verdes on the Net (hereafter
"PVNET ") to perform services regarding the creation of a wireless emergency network
(hereinafter referred to as the "WEN ") and for the purchase of a wireless antenna
system from SMC Networks; and, (2) Authorize the Mayor and the City Clerk to execute
the proposed First Amendment to the Computer Network Services Agreement between
the City and PVNET.
City Council Minutes
June 3, 2003
Page 17 of 22
Responding to Councilman Gardiner's question, Director McLean explained that this is
an emergency wireless network that could serve as backup to the systems that are
currently out there, such as traditional phone and internet connectivity, and radio
service.
Director McLean noted for Mayor Stern that the antennas will need power; that in the
event of a 4 -hour or longer power outage, staff would be able to hook up an existing
standby diesel powered generator system; clarified that this is an emergency backup
power system; and noted that this is a line -of -sight communication service.
Councilman Gardiner questioned how staff proposes to get the signals from City Hall to
Hesse Park if it's a line -of -sight communication service.
Ted Vegari, PVNET, explained for Councilman Gardiner that the system is omni-
directional; that it has an antenna array and matrix in each of the 360- degree wireless
antenna devices; that in order to get around a corner /hill, a pair of repeater antennas
will be set up, a relay system; and advised that with this system, he and staff have
verified that there is line -of -sight capability in two directions from the Lomita Sheriff's
Station to City Hall and the radar systems. He stated that the repeater system has been
successfully tested.
Mr. Vegari stated for Councilman Gardiner that the band is 801.11.g and upgradeable to
48 megabit.
Councilman Gardiner requested that he be provided a geographical diagram of where
the links are located.
Mayor Stern questioned where the antennas are located and whether they will
negatively impact any of the residents.
Mr. Vegari stated that the radar domes are in areas that are unobtrusive; and noted that
staff has not had a chance to determine the specific or general locations for the other
sites at this point in time.
Councilman McTaggart questioned if the antenna system can be placed on light
standards.
Responding to Councilman McTaggart's inquiry, Mr. Vegari stated that yes, the antenna
system can be placed on light standards; and he noted that this communication activity
would also cover the Interpretive Center should the City Council meetings be relocated.
Mayor pro tem Ferraro questioned where the funding will be obtained for this system.
Director McLean noted for Mayor pro tem Ferraro that what's being proposed is an
appropriation that staff expects will provide connectivity not only to Lomita Sheriff's
Station, but also Hesse Park and Ladera Linda.
City Council Minutes
June 3, 2003
Page 18 of 22
Mr. Vegari explained for Mayor pro tem Ferraro that the backup power in the system
can be upgraded or modified to easily support up to 24 hours' worth of power; that it's
just a matter of identifying the actual needs and load and then building /fabricating the
enclosure and the power supplies accordingly.
John Freeman suggested that this proposal be put before the Emergency Preparedness
Committee that was just appointed; expressed his belief that the proposed system has
many limitations; and urged the City to consider alternative technologies. He suggested
that this item should be put out to bid and to evaluate different alternatives.
Director McLean stated that staff could review the design of the wireless emergency
network system with the Emergency Preparedness Committee.
Mayor Stern expressed his belief that the committee should not be reviewing the
technical aspects, only the features and capability.
Councilman Gardiner stated that the task force should be able to review the functional
requirements and that the specialization of technical requirements should be sent out to
bid in terms of cost and effectiveness.
Director McLean clarified that SMC is the sole provider of 360- degree wireless antenna
enclosure systems and noted that there are additional manufacturers of other wireless
equipment.
Mayor Stern directed staff to further consider the City Council's input from this evening's
discussion on this issue.
Border Issues Status Report. (310)
Senior Planner Fox reviewed the current status of border issues.
Mayor Stern questioned whether a particular route has been specified for the soil
importation into Green Hills from Rolling Hills Covenant Church.
Responding to Mayor Stern's inquiry, Senior Planner Fox stated that the EIR identified
what the proposed impacts would be and that the reflected route would go past many
rear yards of RPV residents.
Senior Planner Fox noted for Councilman McTaggart that HUD had rejected the City of
Los Angeles' housing plans for the former Navy housing site; that the City of Los
Angeles will need to respond to HUD by June 7, 2003; and that staff will be contacting
the City of Los Angeles to find out what its response will be to HUD's rejection.
Councilman McTaggart requested that that information be forwarded to City Council
when it is obtained.
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June 3, 2003
Page 19 of 22
Senior Planner Fox noted for Councilman Clark that staff will have to investigate what
could happen with the former Naval housing site as a result of HUD's decision, and
stated that staff will forward that information to City Council when it is obtained.
November 2003 General Municipal Election -Term Limits Ballot Initiative. (501)
Staff recommendation to consider placing an initiative on the November 4th Ballot
Establishing Term Limits. City Manager Evans briefly noted that the report summarizes
Councilman Clark's proposal for the term limits initiative on the November ballot.
With the aid of a power point presentation, Mayor Stern highlighted the important facts
and considerations with what Councilman Clark is proposing; explained that the
proposal would limit Councilmembers to serving two consecutive terms, sitting out for
one election, and then running in another election. He noted that there would be no
lifetime bans; and stated that the issue this evening is to address whether to put this
initiative on the ballots for the voters to decide. He highlighted the impact this would
have on each of the current City Councilmembers, pointing out that all would be capable
of being re- elected to two additional full terms should this be enacted by the residents.
He noted that Mayor Stern, Mayor pro tem Ferraro and Councilman McTaggart would
all be termed -out in the year 2011, while Councilman Gardiner and Councilman Clark
would be termed -out in 2013. Mayor Stern reviewed some of the historical facts relating
to the City Council. He pointed out that 20 residents had been elected to the City
Council in its 29 -year history, only 4 Councilmembers had served more than 2 terms,
and only 5 Councilmembers had attempted to serve more than two terms. He also
noted that two incumbents had been defeated for re- election — one seeking a fourth
term, another seeking a third term. He stated that 88 residents had sought to be
elected to City Council in the City's history, and he set forth information on the number
of residents who had run in each of the elections since 1978.
Councilman Clark explained that the main question is how do the majority of residents
feel about this issue; pointed out that many South Bay and Southern California cities
have term limits; and stated that this ballot initiative would give the members of this
community the opportunity to make the decision on this important "public policy" issue
as to whether or not to initiate term limits prospectively in Rancho Palos Verdes.
Councilman Clark moved, seconded by Councilman Gardiner, to put the term limit ballot
initiative on the fall ballot.
Councilman McTaggart expressed his opposition to term limits — pointing out that term
limits have had a negative impact on the state; and he explained that the residents
already have a vehicle to put people into office by voting in the City election process.
Mayor pro tem Ferraro expressed her belief that this proposal is only a political ploy that
targets current members on this body; and she pointed out that the residents on many
occasions have decided whom they want in office through the election process. She
stated that she would prefer to see the $4,000 that it will cost to put this on the ballot be
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June 3, 2003
Page 20 of 22
used for the grant program, that it is a waste of funds when a system already exists for
voting people into office. She stated she has witnessed no big outcry from the public for
term limits; and explained that if the term limits initiative goes into effect, it will restrict
who the residents can vote for — pointing out that the residents should be entitled to
return anyone to office that has experience and a good track record. Mayor pro tem
Ferraro stated that this City's residents have made it clear who they want to be in office
regardless of how much money is spent during the elections.
Councilman Gardiner stated that this initiative is a matter of principle, that he is
supportive of placing initiatives on the ballot to let the voters decide; and expressed his
belief that the $4,000 estimate is a reasonable fee to get it on the ballot. He pointed out
that Councilman Larry Clark was consistent in his campaign promises to work on getting
term limits placed on a ballot.
Councilman Clark, in response to Mayor Pro Tern Ferraro's comments, stated that this
proposal is about giving voice to our residents to make a decision on what the majority
of our residents want with respect to term limits in the future. He stated that in the last
election, numerous people expressed their desire to see the City's election process
opened up for non - incumbents to run for office; and he expressed his belief that while
some may argue term limits may not work in Sacramento, they can work on a local
level. He stated that the residents have communicated that they want the opportunity to
decide this major public policy issue and that this initiative provides that opportunity to
make that decision.
Mayor Stern reiterated that this is not a lifetime ban, that it does allow someone who
wishes to run again to come back after sitting out one election cycle; and he expressed
his belief that this is not politically driven nor focused on removing specific individuals
from this body. He noted that the residents should have an opportunity to vote on this
matter.
Councilman McTaggart stated that statistics reflect it is not necessary because of the
current voting process.
Mayor pro tern Ferraro expressed her concern that the City would lose good people by
forcing an incumbent to wait four years to serve on this body again, expressing her
belief that experience and continuity is extremely important for this body; and expressed
her belief that the City loses the momentum to bring back effective incumbents.
Councilman Clark stated that there is tremendous talent in this community and that this
provides an opportunity to open up the process and create a better playing field for
those who want to run for office.
Councilman McTaggart stated that while in office, he has not heard about a widespread
desire for term limits and that, therefore, it is his belief that this is motivated to target
one or two members on this body.
City Council Minutes
June 3, 2003
Page 21 of 22
The motion carried on the following roll call vote:
AYES: Clark, Gardiner, Stern
NOES: Ferraro, McTaggart
ABSENT: None
ADJOURNMENT
At 12:43 A.M. the City Council meeting was formally adjournqe}:
Attest
City Clerk
WA2003 City Council Minutes \06032003 cc mins.doc
�W.
Mayor
City Council Minutes
June 3, 2003
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