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CC MINS 20030805MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING August 5, 2003 The meeting was called to order at 7:05 P.M. by Mayor Pro Tern Ferraro at Fred Hesse Community Park, 29301 Hawthorne Boulevard. After the Pledge of Allegiance, roll call was answered as follows: PRESENT: Clark, Gardiner, McTaggart and Mayor Pro Tern Ferraro ABSENT: Mayor Stern (excused) Also present were City Manager Les Evans; City Attorney Carol Lynch; Assistant City Manager Carolynn Petru, Director of Planning, Building and Code Enforcement Joel Rojas, Director of Public Works Dean Allison; City Clerk/Administrative Services Director Jo Purcell; Senior Engineer Glen Kau, and Recording Secretary Carla Morreale. RECYCLE DRAWING Mayor Pro Tern Ferraro announced that the recycling drum contained new entry forms for the drawing and encouraged all residents to enter the monthly drawing by completing the card included in their trash and recycling bills. Mirko Blasovich was announced as the winner from the drawing of the last meeting and asked Director of Public Works Allison to draw two cards for the next month's drawing for recycler of the month. Councilman Clark made a public service announcement regarding the increase in swarms of Africanized bees on the Peninsula and residents to be observant of their surroundings. He encouraged residents to contact the Los Angeles Vector Control at (310) 915 -7370 or (800) 825 -3400 if they find bees on their property. He added that the City's website had additional information regarding the Africanized bees. APPROVAL O F AGENDA Councilman McTaggart requested that Item 16 be moved to immediately follow after the Consent Calendar. Mayor Pro Tern Ferraro suggested that Item 18 follow immediately after Item 16 since there were people present to speak about that item. Councilman Gardiner moved, seconded by Councilman McTaggart, to approve the agenda, as amended. Motion carried without objection. APPROVAL OF CONSENT CALENDAR City Clerk Purcell asked for clarification from the Council regarding the maker and second for the motions made on the adoption of Resolution Nos. 2003 -52 and 2003 -53, on pages 8 and 9 respectively, of the minutes of the June 17, 2003. Councilman Gardiner stated that he seconded Councilman Clark's motion to adopt Resolution No. 2003 -52. Councilman Clark stated that he remembered Councilman McTaggart making the motion to adoption Resolution No. 2003 -53, seconded by Mayor Pro Tern Ferraro. Councilman McTaggart moved, seconded by Councilman Clark 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 of May 10, June 17, and July 1, 2003. (301) Approved the minutes of May 10 and July 1, 2003. Approved the minutes of June 17, 2003, as amended. June 2003 Treasurer's Report. (602) Received and filed the June 2003 Treasurer's Report for the City of Rancho Palos Verdes. Ordinance No. 396: Anti -Gang Ordinance. (1206) ADOPTED ORDINANCE NO. 396 OF THE CITY OF RANCHO PALOS VERDES PROHIBITING GANG MEMBERS FROM LOITERING WITH THE INTENT TO INTIMIDATE NEIGHBORHOODS AND CONCEAL ILLEGAL ACTIVITY AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. On -Call Professional Services Agreement —Limit Increase. (604 x 1204) Authorized a contract limit increase from $25,000 to $34,000 for contract engineering services under the On -Call Services Agreement for Merit Civil Engineering. City Investment Policy for FY 2003 -04. (602) Adopted the Fiscal Year 2003 -04 investment policy for the City. City Council Minutes August 5, 2003 Page 2 of 12 Fiscal Year 2003 -04 Grant for Seat Belt Compliance Campaign. (1206) Authorized the City to act as the pass through agency between the Lomita Sheriff's Station and the State Office of Traffic Safety for the FY 2003 -04 seat belt Compliance Campaign Grant. Resol. No. 2003 -60: Traffic and Engineering Speed Surveys. (1502) ADOPTED RESOLUTION NO. 2003 -60, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING SPEED LIMITS ON VARIOUS STREETS. Adoption of a Disadvantaged Business Enterprise (DBE) Goal for the Federal Fiscal Year 2002 -03. (601 x 1204) Adopted the Overall Annual Goal of four percent (4 %) for the Disadvantaged Business Enterprise (DBE) participation in Federal- Aid - Highway projects during the FY 2002 -03 Federal fiscal year. Resol. No. 2003 -61: Register of Demands. ADOPTED RESOLUTION NO. 2003 -61, 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: Clark, Gardiner, McTaggart, and Mayor Pro Tern Ferraro NOES: None ABSENT: Mayor Stern # # # # # # # # # # # # ORDINANCE NO. 397 AND RESOLUTION NO. 2003-62: REGULATING THE UNAUTHORIZED PARKING OF VEHICLES ON PROPERTY. (1502) City Attorney Lynch introduced Ordinance No. 397 that resulted from an inquiry and request made by the Palos Verdes Library District to prohibit individuals from parking in spaces or areas designated for use by the patrons of a particular business. She stated that a section of the County Code was also included which would prohibit anyone from parking on private or public property without permission of the owner. She stated that this ordinance gives the owner or the operator of the particular property who has posted signs in plain view the tools necessary to eliminate unauthorized use of their parking area and also complied with the noticing provisions of California Vehicle Code Section 22658. She further stated that included with the ordinance is the adoption of a resolution to amend the City's Parking Penalty Schedule to add new Exhibit "C" which City Council Minutes August 5, 2003 Page 3 of 12 establishes a base penalty of $45.00 for each of the violations, which is the same penalty charged by the County and surrounding jurisdictions. Jane Jones, Rancho Palos Verdes, thanked the Council for the ordinance which thoroughly covered the issue the Library District had raised. Councilman Clark moved, seconded by Councilman McTaggart, to approve the staff recommendation to INTRODUCE ORDINANCE NO. 397, 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; and to adopt RESOLUTION NO. 2003 -62, ESTABLISHING PENALTIES FOR PARKING VIOLATIONS WITHIN THE CITY OF RANCHO PALOS VERDES. The motion carried without objection on the following roll call vote: AYES: Ferraro, Clark, McTaggart, and Gardiner NOES: None ABSENT: Mayor Stern National Airspace Redesign and excessive aircraft noise associated with LAX over flights. (306) Mayor Pro Tern Ferraro introduced this item dealing with excessive aircraft noise associated with LAX overflights, which was requested by Beverly Ackerson representing Peninsula Aircraft Noise /Safety Information Committee (P.A.N.I.C.). Beverly Ackerson, Rancho Palos Verdes, spoke regarding the air traffic over the Peninsula and stated that PANIC was attempting to get the air traffic (both jets and turboprops) monitored so that the noise level and pollution could be addressed and included in the National re- engineering of the use of airspace. She requested that several letters be written by city staff on the behalf of the Mayor and City Council to Marion Blakey, the FAA Administrator in Washington, D.C. and William Withycombe, the FAA Western- Pacific Regional Administrator, requesting answers to the specific problems that the residents of Rancho Palos Verdes and the entire peninsula are experiencing. Councilman McTaggart responded to a question raised by Councilman Clark regarding requirements for all Class B turboprops to have quieter engines by a certain date. He stated that the requirement was for jets, not turboprops to have quieter engines. He stated that since 1997 the public had been told that there would be a change to regional jets which would be flying higher and in the same slot as large jets, but that the fleet had not been changed due to the economic downturn for airlines since 9/11. Councilman McTaggart stated that aircraft were flying over the Peninsula for two reasons: 1) the jets were heavily laden and there was a 2 percent grade at the LAX airport towards the ocean, and 2) there was a tailwind present. He stated that there City Council Minutes August 5, 2003 Page 4 of 12 was hope that there would be a reduction in flights over the peninsula because China Air had agreed to cooperate with the LAX round table. Councilman Clark expressed concern that Mr. Withycombe's letter stated that he did not believe that there was a solution to the situation without transferring the problem to another community. Councilman Clark moved to have all City Council members sign letters to be sent to the FAA Administrators, seconded by Councilman McTaggart. The motion carried without objection. REGULAR BUSINESS: Sewer System Master Plan Study: Award of professional services agreement. (1900) City Clerk Purcell stated that staff handed out the contract for this item before the meeting. Councilman McTaggart made a motion to waive the presentation of the staff report, seconded by Councilman Clark. Motion carried without objection. Councilman Clark asked why a study of the sewer system had not been performed previously. Director Allison stated that the driving force behind the study of the sewer system is that the Federal regulations are becoming more stringent on sewer maintenance, and the receipt of a letter of notification from the County of Los Angeles approximately 2 years ago to absolve themselves of any responsibilities with respect to the sewer system. Councilman Clark asked how staff decided to perform video inspections on 12 -15 percent of the sewer collection system to be inspected on an annual basis. Senior Engineer Glen Kau responded that the figure was derived from the fact that video inspecting 10 percent of the sewer system typically gives a good representation of the condition of the sewer system. Councilman Clark stated that the long -range plan includes the filming of 12,000 to 15,000 lineal feet per year, so that the entire system would be videotaped in seven years. He stated that he felt we could not wait seven years to understand the condition of the City's complete sewer system. Director Allison stated that staff had constraints due to the budget and did not want to end up with a drawer full of meaningless videotapes. Councilman Clark asked if the City were going to rely on a sampling video coupled with City Council Minutes August 5, 2003 Page 5 of 12 a comprehensive citywide model analysis. Director Allison replied that a model analysis would be done to afford staff the ability to make sound decisions. He stated that a videotape sample of 10 to 12 percent of the sewer system would give staff an indication as to the overall problems that exist within the entire system. Councilman McTaggart suggested that the City attempt to attain videotapes previously made by the County Engineer's office to reduce the videotaping cost to the City. Councilman Gardiner asked what amount of deterioration might occur over the seven - year period required to videotape the City's entire sewer system. Senior Engineer Kau stated that there are many factors to take into consideration in determining the state of the City sewer system. He stated that the Master Plan would give the City the ability to understand the state of the sewer system and the ability to devise a plan for the necessary replacement and repairs to the system. Councilman McTaggart stated that lining the inside of the sewer system with a plastic liner actually helps attain a better flow. He asked if staff intended to upgrade the system with complete sewer replacement or refurbishment. Senior Engineer Kau stated that the phrase "upgrading the system" would mean full pipe replacement, refurbishment, or the combination of both, depending on what is necessary. He stated that there would be opportunities to combine the project with a pavement restoration project, in which case the full section of pipe underneath the street would be replaced as required. There was discussion of the hydraulic flow capacity of the sewer pipes and the methods at which the capacities were originally derived and the methods that will be used in the proposed hydraulic models. Councilman Clark asked if staff had confidence that Dudek & Associates would be able to achieve Task 9 of the staff report, which is to prepare a five —year Capital Improvement Program, so that the Council could have a basis to discuss the financial demands of the entire project. Senior Engineer Kau stated that he felt confident that with the video inspections, hydraulic studies, and model data, staff would have an accurate assessment of the state of the sewer system citywide. Councilman Gardiner suggested that the word "validate" be used instead of the word "calibrate" in Task Four regarding the computer model used to calculate sewage flows. Director Allison said he felt comfortable making the suggested change. City Council Minutes August 5, 2003 Page 6 of 12 Councilman Gardiner moved that either the words "calibrate and validate" or the word "validate" be substituted for the word "calibrate" in the staff report, seconded by Councilman Clark. Councilman Clark asked if the reason for not discussing the financing mechanisms of this project is that the Finance Department and Finance Committee have been discussing the infrastructure needs of the City. City Manager Evans stated that discussion of the financing methods will take place after the information is attained from the Sewer Master Plan Study and the Storm Drain Master Plan Study. The motion to approve carried on the following roll call vote: AYES: Clark, McTaggart, NOES: None ABSENT: Mayor Stern Gardiner, and Mayor Pro Tern Ferraro ORDINANCE NO. 390: PROPERTY MAINTENANCE STANDARDS, INCLUDING RV PARKING AND STORAGE RESTRICTIONS. (1801) Councilman Clark moved to waive the presentation of the staff report, seconded by Councilman Gardiner. Motion carried without objection. Ernie Giannioses, Rancho Palos Verdes, representing the Good Sam and FMCA clubs, extended thanks to the Planning Commission, Director Rojas, and Code Enforcement Officer Neth for allowing him to participate in the drafting of the ordinance. He thanked the City Attorney for repeatedly drafting language to address the minor changes and the City Council for their hard work and fair approach to the complicated issue. Councilman McTaggart moved, seconded by Councilman Gardiner, to accept the staff recommendation to ADOPT ORDINANCE NO. 390 OF THE CITY OF RANCHO PALOS VERDES REVISING SECTION 8.24 060 (PROPERTY MAINTENANCE STANDARDS) TO INCLUDE RV PARKING AND STORAGE RESTRICTIONS ON PRIVATE PROPERTY. The motion to approve carried on the following roll call vote: AYES: Clark, McTaggart, NOES: None ABSENT: Mayor Stern Gardiner, and Mayor Pro Tern Ferraro Contract with the Los Angeles County Sheriff's Department. (1206) Assistant City Manager Petru presented the staff report and the recommendation to authorize the Mayor to sign the Fiscal Year 2003 -04 Regional Cities Law Enforcement City Council Minutes August 5, 2003 Page 7 of 12 Contract with the Los Angeles County Sheriff's Department. The formula used by the Sheriff's Department to spread the cost among the three regional cities is based on the number of service calls received in each city during the prior year. She stated that the cost for the Sheriff's contract actually went down from the previous year, based on the calls received in the previous year. Assistant City Manager Petru pointed out that the level of service in the contract presented to the Council was exactly the same as the previous year with the same number of deputies on the street and the same amount of technical support. Councilman Clark moved, seconded by Councilman McTaggart, to accept the staff recommendation. The motion to approve carried on the following roll call vote: AYES: Clark, McTaggart, NOES: None ABSENT: Mayor Stern Gardiner, and Mayor Pro Tem Ferraro Councilman McTaggart stated that although the cost for the Los Angeles County Sheriff's Contract have risen slightly over the years, the annual cost is approximately $70.00 per resident compared to an annual cost of $500.00 per resident in a neighboring city. He thanked the Sheriff's Department for keeping the costs down and the residents for not creating too many calls. Lt. Herrera, representing the Sheriff's Department, stated that because of the formula used to calculate costs, the City of Rancho Palos Verdes saved about $43,000. He stated that the Sheriff's Department will keep up the good work in serving the City of Rancho Palos Verdes. Border Issues Status Report. (310) Director Rojas presented the staff report and recommendation to review the current status of border issues and provide direction to the City Council Committee. He stated that there were no new border issues to report on, but gave brief progress updates on two continuing issues: the Rolling Hills Covenant Church Expansion, in Rolling Hills Estates; and the Harbor -South Bay Water Recycling Project (Army Corps of Engineers/West Basin MWD). He stated that the City of Rolling Hills Estates decided at their July 22, 2003 City Council meeting to hire a mediator to help resolve issues associated with the Rolling Hills Covenant Church Expansion project. On the issue of the Harbor -South Bay Water Recycling Project, Director Rojas reported that per Councilman McTaggart's request at the last City Council meeting, staff drafted and sent a letter to the Army Corps of Engineers regarding the inclusion of a system lateral to serve the Ocean Trails Golf Course. He stated that they are awaiting a reply to the letter. Director Rojas reported that staff is still waiting for the receipt of the Draft EIR regarding City Council Minutes August 5, 2003 Page 8 of 12 the proposed South Coast County Golf Course on the Palos Verdes Landfill Site. He stated that staff received information regarding letters that were sent by Joan Davidson to the Director of the Los Angeles County Parks and Recreation Department and the State of California, Department of Toxic Substance Control, regarding an incident that was termed by the Los Angeles County of Sanitation as a " liquid discharge ". He stated that he was not aware of any responses to the letters to this date. Mayor Pro Tern Ferraro stated that according to the information received, there were two discharges in May. Director Rojas stated that the letter written by the Los Angeles County Sanitation Department wrote to the Regional Water Quality Control Board described the details of the incident on May 12, 2003. Councilman Gardiner stated that he understood that there were two incidents and stated that he asked that these be added to the minutes of the Golf Course proposal for the landfill because this is a case of approximately 200 gallons overflowing out of the landfill into the public drains and evidently there are no waste discharge requirements on the Palos Verdes. Landfill. He stated that there are no landfills on the globe that are worse than a Class I Toxic Landfill, yet there are no waste discharge requirements. Director Rojas responded to a question Councilman Clark raised regarding the length of time it has taken for the public to receive the EIR. He stated that the City does not have any information regarding that matter from the City of Rolling Hills Estates. Councilman Clark inquired if August 7, 2003, is the date when HUD will make their final determination regarding the disposal of the property involved in the border issue of San Pedro Facility Restoration Advisory Board (Department of Defense and City of Los Angeles). Director Rojas stated that staff will keep City Council apprised of the updates on this border issue. ORDINANCE NO. 398: REPEALING CITY MANAGER RESIDENCE REQUIREMENT. (1101) City Attorney Lynch presented the staff report and recommendation TO INTRODUCE 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. She stated that this is a clean -up ordinance that was suggested by Mayor Stern because the existing section of the City code now conflicts with State law. Councilman Gardiner moved, seconded by Mayor Pro Tern Ferraro, to accept the staff recommendation. City Council Minutes August 5, 2003 Page 9 of 12 The motion to approve carried on the following roll call vote: AYES: Clark, McTaggart, NOES: None ABSENT: Mayor Stern Gardiner, and Mayor Pro Tern Ferraro Recess and Reconvene: Mayor Pro Tern Ferraro recessed the meeting for five minutes at 8:36 P.M. and reconvened the meeting at 8:42 P.M. CITY COUNCIL ORAL REPORTS: Councilman Clark reported that he attended the California League of Cities Mayors' and Councilmembers' Executive Forum in Monterey and stated that it was a productive forum where the State budget was discussed and he encouraged other Councilmembers to attend in the future. Councilman Clark presented an article from the August issue of Los Angeles Golf Magazine to the Council regarding an article written by Eric Tracy, regarding Ocean Trails. He stated that of particular interest was the statement that Donald Trump wanted to change the name of Ocean Trails to Trump National Los Angeles. Councilman Clark stated that the subcommittee would talk to Mr. Trump regarding any proposed names changes for Ocean Trails, which might reflect Los Angeles instead of Palos Verdes or Rancho Palos Verdes. Councilman McTaggart presented pictures that he requested from Director of Public Works Allison of the pressure regulator at the scenic overlook of Ocean Trails to Councilman Clark to present at the next meeting with Ocean Trails suggesting a remedy to the unsightly situation. Councilman McTaggart reported that he had become aware of another problem that was beginning to surface involving limbs breaking off of mature trees. He stated that recently he saw members of the Fire Department cutting up an old tree on Golden Meadow that had fallen blocking the crosswalk and a driveway. He stated that the City needs to be aware of the aging trees that could potentially damage cars or pedestrians and stated that the tree service did an excellent job in cleaning up after the Fire Department had provided access to the public right -of- way. Councilman McTaggart reported that he attended the Los Angeles County Integrated and Solid Waste where there was discussion of a bill to hold cities responsible for monitoring pollution caused by waste hauling trucks which operate in their city. He stated that it was not a well thought out issue and questioned how the issue would be reinforced. He stated that on July 23, 2003 he attended a joint meeting of the SCAG Policy Committees; on July 24, 2003, he attended a PV Transit meeting with Mayor Pro Tern Ferraro where one of the issues raised was the discontinuance of Lines 225 and 226 by the MTA in October 2003. He stated this would essentially leave the peninsula without transportation to the downtown area. He stated that as a result of that meeting, he set up a meeting with the MTA, South Bay Sector and Gateway Sector, PV Transit, where a commitment was made to continue to service the schools lines during the school hours. He stated that he also contacted MAX Transit to set up a meeting to help solve the school transportation issue. He announced that there will be a public hearing on September 9, 2003, at 6:00 p.m. regarding the public transportation City Council Minutes August 5, 2003 Page 10 of 12 line cuts that are proposed at Carson City Hall and he encouraged representation by the residents of Rancho Palos Verdes. He stated that on July 26, 2003, the AMR ambulance was turned over to Dr. Collins and the Fire Chief of Loreto, Mexico. He stated that he showed his prize Mustang at Ruby's in Redondo Beach on July 27, 2003, where he received another trophy; he attended a Boy Scouts of America Executive Selection Committee Meeting on July 28, 2003; he attended the unveiling of the future Senior Center at the Hesse Park Seniors Meeting on July 30, 2003; he attended the SCAG Housing Committee where the State budget problems were discussed which has delayed the 2004 Regional Transportation Plan Inclusion Date and the Regional Housing Needs Assessment; he attended the Contract Cities Goal Setting Session at the San Pedro Hilton on August 1 and 2, 2003. Mayor Pro Tern Ferraro reported that she attended the Mayor's Luncheon and the Sanitation District Meeting in the absence of the Mayor._ She reported that on July 23, 2003, she attended the Director's Facility Tour of the Puente Hills Landfill and San Jose Creek Water Reclamation Plant where the science of the project was discussed. She reported that she attended the PV Transit Board meeting where they decided to put off electing new officers until the first of the year; she and the Mayor attended the Ocean inspection boat trip with the Sanitation District on July 26, 2003 which was a very interesting trip that she encouraged other Councilmembers and staff to attend; she attended the Peninsula Senior's presentation on July 30, 2003; she attended one of the two meetings since the last Council meeting of the City's 30th Anniversary Celebration committee meeting and she reminded everyone to save the date of September 6, 2003, for the family- oriented barbecue scheduled on City Hall property and the dinner /dance scheduled for October 17, 2003; and, she stated she was interviewed by Cox Cable regarding the 30th Anniversary Celebration in a public service announcement recently. PUBLIC COMMENTS: (at approximately 8:40 P.M.) (This section of the agenda is for audience comments on items NOT on the agenda.) Lois Larue, Rancho Palos. Verdes, spoke regarding the minutes that were on the agenda for approval this meeting and that the City Clerk should be commended. She commented on the Budget in Brief brochure and information she picked up regarding the City's 30th Anniversary barbecue. California Water Service Company application for rate increase. (1601) Councilman McTaggart presented a report regarding the need for an additional reservoir on the East side of the City due to the problems residents are experiencing due to water usage by Ocean Trails. He reported that there will be a public hearing on August 12, 2003, at 1:00 p.m. in the City Hall at the City of Palos Verdes Estates. Councilman Gardiner stated that if his memory was correct he remembered that when California Water Service wanted to build houses on top the reservoir on Crest Road they had stated that they did not need that reservoir any longer. He inquired as to the sudden need for new infrastructure. City Council Minutes August 5, 2003 Page 11 of 12 Councilman McTaggart suggested that we need to see the proposed plans that California Water Service has, and an explanation for the increase in operating expenses. He stated that this water shortage is one of the reasons he suggested that the Army Corps project using recycled water incorporate a lateral to Ocean Trails to remove some of the burden on the water usage. Councilman Clark stated that he believes he recalls Rolling Hills Estates was discussing a request for another reservoir site for their city, and he stated that he is not receiving the water pressure that he used to at his personal residence due to the demand on the water supply by Ocean Trails. Don Norton, Rancho Palos Verdes, spoke regarding a specific matter with California Water Service regarding the proposed rate increases to residents who have fire sprinklers installed. He stated that there is a connection charge which is a permanent fee that is $24 .00 per month more than the standard fee for residents who do not have fire sprinklers. He stated that the proposed rate increase is $38.00 per month for those who have fire sprinklers. He stated that this is not for water usage, but for the potential of water usage and that there appears to be an established mechanism in place whereby municipalities can request a rate relief for residents who are penalized in this way. He stated that he understood that the City of Redondo Beach and other neighboring cities have requested and received this rate relief and he requested that our City pursue the same rate relief. Councilman McTaggart moved, seconded by Councilman Gardiner, that a letter be sent to the California Public Utilities Commission to object to the proposed rate increase until the City receives justification for the rate increase by the California Water Service; and, secondly that there be a request for a relief in rates for our residents who are required to have larger connections for fire safety sprinklers. Motion carried without objection. CLOSED SESSION REPORT: City Attorney Lynch reported on the Closed Session and stated that the Council voted unanimously, (4 -0 -1, with Mayor Stern absent) to retain outside counsel to assist in the negotiations to amend the Franchise Agreement with Cox Cable for a not to exceed amount of $25,000. No further action was taken. ADJOURNMENT: Adjourned at 9:26 P.M. Wj Mayor Attest: City Clerk City Council Minutes August 5, 2003 Page 12 of 12