CC MINS 20031202MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
DECEMBER 2, 2003
The meeting was called to order at 7:03 P.M. by Mayor Stern at Fred Hesse Community
Park, 29301 Hawthorne Boulevard.
Roll call was answered as follows:
PRESENT: Clark, Ferraro, Gardiner, McTaggart, and Mayor Stern
ABSENT: None
Also present were City Manager Les Evans; Assistant City Manager Petru; City Attorney
Carol Lynch; Director of Finance Dennis McLean; Director of Planning, Building, and
Code Enforcement Joel Rojas; Director of Public Works Dean Allison; Deputy Planning
Director Pfost; Senior Planner Kit Fox; Senior Planner Ira Mihranian; Assistant to the
City Manager Gina Park; City Clerk/Administrative Services Director Jo Purcell; and
Recording Secretary Denise Bothe.
The flag salute was led by Mayor pro tem Ferraro and Councilman McTaggart.
CEREMONIAL ITEMS HONORING MAYOR PRO TEM FERRARO AND
COUNCILMAN McTAGGART.
By way of a PowerPoint/slide presentation, Mayor Stern highlighted some of the past
events from Councilman McTaggart's tenure on the City Council pointing out
Councilman McTaggart's 30 years' of continuous service to Rancho Palos Verdes. He
stated that John McTaggart was on the Planning Commission for the first 10 years of
the City's incorporation and spent the next 20 years serving on the City Council. He
noted that Councilman McTaggart holds the record for being elected to the City Council
for five terms; that he served as Mayor four times and served as Mayor pro tern five
times. He highlighted Councilman McTaggart's service with various organizations such
as Contract Cities, MAX and SBCOG. On behalf of the City Council, Mayor Stern
expressed his appreciation of Councilman McTaggart's dedicated service to the City.
With the aid of a PowerPoint/slide presentation, Councilman Gardiner highlighted some
of the events that Mayor Pro Tern Barbara Ferraro participated in the past years —
pointing out that she was on the Planning Commission for two years and on the City
Council for eight years, from 1995 through 2003. He noted that Mayor Pro Tern Ferraro
was Mayor in 1998 and Mayor pro tem in 1997 and again in 2003. He highlighted her
work on the City's 25th anniversary celebration and other events such as the City's 30th
Anniversary. On behalf of the City Council, Councilman Gardiner expressed his
appreciation of Mayor Pro Tern Ferraro's many years of service to the City.
The following individuals representing various agencies honored Councilman
McTaggart and Mayor Pro Tern Ferraro for their service to the public:
Representing Supervisor Don Knabe, Chairman of the Board of Supervisors, was Field
Deputy Mike Gin, who presented Mayor Pro Tern Ferraro and Councilman McTaggart
with County plaques recognizing and commending them for their outstanding service to
local government and their leadership and high level of commitment to this community.
He wished them both well in all their future endeavors.
Representing Assemblyman Alan Lowenthal was Brock Coward who presented both
Councilman John McTaggart and Mayor Pro Tern Barbara Ferraro with Certificates of
Recognition for their service and achievements in the City of Rancho Palos Verdes.
On behalf of Rolling Hills Estates City Council, Councilwoman Susan Seamans
presented Councilman McTaggart and Mayor Pro Tern Ferraro with resolutions
commemorating their service to the community. Ms. Seamans briefly highlighted their
work on other committees and expressed appreciation and best wishes to both
Councilman McTaggart and Mayor Pro Tern Ferraro. .
On behalf of the California League of Cities, Los Angeles County Division, Ken
Blackwood, Councilman from Lomita, presented Councilman McTaggart and Mayor Pro
Tern Ferraro with Certificates for their outstanding service to the community.
On behalf of State Senator Betty Karnette and State Senator Ed Vincent, Mayor Stern
presented Certificates of Recognition to Councilman McTaggart and Mayor Pro Tern
Ferraro for their dedicated service.
On behalf of the City of Rolling Hills, Councilman Frank Hill presented Certificates of
Appreciation to Councilman McTaggart and Mayor Pro Tem Ferraro for their many
years of community service.
On behalf of the City of Rancho Palos Verdes, Mayor Stern presented Councilman
McTaggart and Mayor Pro Tern Ferraro with a plaque commemorating their service to
the community.
Mayor pro tem Ferraro happily announced that she will soon be a grandmother; and
expressed her sincere appreciation to the residents of Rancho Palos Verdes for
allowing her to serve in this privileged and honored position. She commended the hard
work and dedication of staff and stated that she knows that this community will continue
to move forward. She thanked everyone for their accolades. Mayor Pro Tern Ferraro
expressed her appreciation of Councilman John McTaggart for his guidance when she
was newly elected. She congratulated and wished Steve Wolowicz and Tom Long well
City Council Minutes
December 2, 2003
Page 2 of 23
in their new positions on the City Council. Mayor Pro Tern Ferraro extended her love
and appreciation to her husband and her daughter for their support and making it
possible for her to do this job all these years.
Councilman McTaggart thanked the public for giving him the opportunity to serve five
terms on the City Council. He commended the hard work and dedication of City staff.
He wished the new Councilmembers well and he thanked his wife and his family for
their love and support.
APPROVAL OF AGENDA
Mayor pro tem Ferraro moved, seconded by Councilman McTaggart, to approve the
Agenda as submitted. Without objection, Mayor Stern so ordered.
Certification of Election Results. (501)
City Clerk Purcell presented staff report and the recommendation to ADOPT RESOL.
NO. 2003 -98, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION
HELD IN SAID CITY ON NOVEMBER 4, 2003, DECLARING THE RESULTS
THEREOF AND SUCH OTHER MATTERS AS PROVIDED BY LAW.
Councilman McTaggart moved, seconded by Mayor pro tem Ferraro, to ADOPT
RESOLUTION NO. 2003 -98 as presented. Without objection, Mayor Stern so ordered.
RECESS AND RECONVENE
At 7:55 P.M., Mayor Stern recessed the meeting for refreshments and reconvened the
meeting at 8:21 P.M.
# # # # # # # # # # # # #
Swearing in of Newly Elected Council Members Long, Stern and Wolowicz.
City Clerk Purcell administered the oath to Councilmembers Long, Stern and Wolowicz.
Remarks by Mayor Stern and Council Members Clark and Gardiner.
Mayor Stern expressed his appreciation in being re- elected to the City Council; stated
that he is looking forward to working with each Councilmember; and noted that this body
is at its best when each member comes prepared to work on the problems of the public,
using each member's views, life experiences, background, and knowledge.
City Council Minutes
December 2, 2003
Page 3 of 23
Councilmember Clark congratulated Mayor Stern on his re- election to City Council,
stating that Mayor Stern has had a tremendous impact on this community. He
congratulated both Councilmembers Long and Wolowicz on their election to the
Council; and noted his appreciation for those who helped to change a major public
policy with respect to how this Council in the future will be organized in terms of length
of service at one time, believing that term limits was the right decision.
On behalf of City Council and the City, Council member Clark presented Council
member Tom Long and Council member Steve Wolowicz with a City Council pin that
was designed by former City Mayor and Councilmember Tom Hollingsworth.
To former Council members McTaggart and Ferraro, Council member Gardiner wished
fair winds and calm seas; and to the new members of Council, he welcomed them
aboard. He stated that he was delighted to be able to continue serving with Mayor
Stern.
Remarks by Newly Elected Council Members Long and Wolowicz.
Councilman Wolowicz expressed his appreciation for all the kind comments and
expressed his thanks and appreciation to all those in the community who supported him
through the campaign process; and expressed special appreciation of his family -- his
children Jennifer, Daniel and Karen, and to his wife, MaryJo, for her love and support.
He thanked his partners in his firm for their daily help and support. He stated that he
was honored and humbled to represent this City by serving on the City Council. He
expressed his thanks and appreciation to former Council members Ferraro and
McTaggart for their countless hours of service and contributions to the City.
Councilman Wolowicz encouraged the public to contact him should they desire and
stated that he will work hard to make this the best possible municipal government.
Councilman Long expressed his thanks and appreciation to everyone who supported
him throughout the campaign process; expressed special thanks to his wife, Laura Lee,
whom he stated made the largest sacrifice. He thanked the departing Council members
for their long commitment to the City. Councilman Long urged the public to contact him
should they desire and stated that he is looking forward to his tenure on this body.
Background on Mayor and Mayor Pro Tern Selection. (306)
With the aid of a PowerPoint presentation, Mayor Stern provided historical information
regarding the former Council members who have served this City, and commented on
the various selection rules /policies that have been used in the past to decide who would
be the next Mayor. He presented the history of the mayors of RPV since 1979, showing
that in each and every case since 1979, every newly elected city council member had
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December 2, 2003
Page 4 of 23
served as Mayor during his or her first term in office. He further stated that under a
1983 policy that some advocated be used, Mrs. Ferraro would have been Mayor for the
past term, and that under that 1983 policy he would be the incoming Mayor at this point
in time, as he began his second term. He noted that this would make him the first
person elected to City Council since 1979 who had not served as Mayor during his first
term, had that 1983 policy been followed. He also explained that under that 1983 policy
Councilman Clark would not have the opportunity to serve as Mayor in his first term, nor
would Councilman Long.
Mayor Stern then showed the various policies that the City Council had adopted over
the years, commencing with the 1975 policy, followed by the 1979 policy, 1983 policy,
1993 rule, and 2000 rule. He noted that prior Councils had not always followed the then
existing policy, as was the case in 1989 -90 and 1990 -91. He stated that the present
Mayor and Mayor pro tem selection policy is set forth in Rules 4.1 and 4.2 of the City
Council Rules of Procedure. Rule 4.1 provides that "The Mayor is a member of the City
Council and is annually elected by majority vote of the City Council at the first regular
meeting in December or, in the case of an election year, upon certification of the
election results." He noted that the Mayor pro tem selection rule is Rule 4.2 which
states "The Mayor Pro Tern shall be selected by a Council majority vote.
He pointed out that each Council can choose who they wish to serve as Mayor and
Mayor pro tem, and that in his view, the policy /rule of the Council did not dictate any
particular selection, and that this background was only provided for informational
purposes since some in the past couple of years had suggested that the City Council
was obligated to select a particular person to serve as Mayor and Mayor pro tem under
the policies that had previously been adopted but since superceded.
Council Reorganization. (306)
Mayor Stern presented his December 2nd report and the following recommendation: (1)
Select Mayor and Mayor pro tem using Rule Of Procedure 4.1 and 4.2, which state: 4.1
Election of Mayor: The Mayor is a member of the .City Council and is annually elected
by the majority vote of the City Council at the first regular meeting in December or, in
the case of an election year, upon certification of the election results. As a member of
the City Council, the Mayor shall have all the powers of a member. 4.2 Mayor Pro Tem:
The Mayor Pro Tern shall be selected by a Council majority vote.
Selection of Mayor. (306)
City Clerk asked for nominations from the floor for the selection of Mayor. Mayor Stern
nominated Councilman Gardiner to serve as Mayor. Councilman Clark seconded this
nomination. There being no objection, City Clerk Purcell so ordered.
City Council Minutes
December 2, 2003
Page 5 of 23
Mayor Gardiner took his seat as Mayor.
Selection of Mayor Pro Tem. (306)
Mayor Gardiner asked for nominations from the floor for Mayor pro tem. Councilman
Long nominated Councilman Clark to serve as the Mayor pro tem. Councilman
Wolowicz seconded this nomination. There being no objection, Mayor Gardiner so
ordered.
Mayor pro tem Clark took his seat as the Mayor pro tem of Rancho Palos Verdes.
Remarks by Mayor and Council Members.
On behalf of the City Council, Mayor Gardiner presented Councilman Stern with a gift
certificate as a token of their appreciation for his years of service as the Mayor of
Rancho Palos Verdes. He commended Councilman Stern for his distinguished service
as Mayor.
Councilman Stern noted his pleasure in serving as Mayor.
As the new Mayor of the City Council, Mayor Gardiner expressed his delight and honor
in serving as Mayor of this body; and he expressed his plan to conduct the meetings in
an efficient and shorter manner and that he would attempt to complete all business by
10:00 P.M. He pointed out that the past City Council meetings were too lengthy. Mayor
Gardiner stated that one of the things to consider in shortening the length of the
meetings was to limit public comments to 3 minutes and to adhere to the speaker lights.
He stated that should a Council member wish to give the speaker additional time, if
necessary, they could authorize the speaker more time. He added that following
Roberts Rules of Order, it would help to have a motion on the floor before the start of
discussion on a particular item — believing that this will help to keep focus on the
discussion topic. He noted that there might be an occasion where a large number of
people wish to speak before the Council and that it may cause the meetings to go later
than 10:00 P.M.
Mayor pro tem Clark congratulated Mayor Gardiner on his position as Mayor; and stated
that Mayor Gardiner brings an outstanding intellect to this body. He noted his
appreciation of serving as Mayor pro tem and highlighted the great satisfaction he
experiences in serving this community. Mayor pro tem Clark stated that the last two
years on this body had been a time of tremendous growth for him and has been a
tremendous satisfaction in terms of serving this community, both professionally and
personally. On behalf of a member in the audience who requested to remain
anonymous, and also an elected official on the peninsula, Mayor pro tem Clark
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December 2, 2003
Page 6 of 23
distributed various hats to each member of this body and provided Mayor Gardiner with
a key to the City.
Remarks by Members of the Audience.
None.
RECESS AND RECONVENE:
Mayor Gardiner recessed the meeting at 9:02 P.M. and reconvened the meeting at 9:15
P.M.
RECYCLE DRAWING:
Mayor Gardiner announced the recycle winners for the first and last City Council
meetings in the month of November Jan Withey, Jeffrey Tom, and M. Wesselsburger,
each of whom would receive a check for $250, which represented a year of free refuse
service. He encouraged everyone to recycle.
APPROVAL OF CONSENT CALENDAR:
City Clerk Purcell advised that she distributed late correspondence, some corrections to
the Minutes, and an email from Ms. Bosworth; and announced that staff requested that
Agenda Item No. 3, Termination of the Non - Exclusive Commercial Refuse Collection
and Disposal Services agreement with Ace Roll Off Rubbish Service, be removed from
the Consent Calendar and brought back at a later date.
Responding to Mayor Gardiner's inquiry concerning the reason for Agenda Item No. 3
being removed, Director Allison explained that staff had discovered that the applicable
fees had been paid and that it would not need to reappear on the Agenda.
Councilman Wolowicz requested that Agenda Item Nos. 4 (October Treasurer's Report)
and 5 (Register of Demands) be pulled from the Consent Calendar.
Councilman Stern moved, seconded by Mayor pro tem Clark, to approve the Consent
Calendar as amended, pulling Agenda Item Nos. 3, 4 and 5 and approval of the Minutes
as amended. There being no objection, Mayor Gardiner so ordered.
City Council Minutes
December 2, 2003
Page 7 of 23
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 of November 5, 2003. (301)
Approved the Minutes as amended, with Councilmen Long and Wolowicz abstaining.
Treasurer's Report for the month of October. (602)
Staff recommended that this report be received and filed.
Councilman Wolowicz questioned if there was another summary of operations with
explanations from the budget or changes from the prior year.
Director McLean explained that on an annual basis, the financial statements of the City
are audited by an independent certified accountant; in addition to that, those audited
financial statements of operations are included in the City's comprehensive annual
financial report; and advised that the financial report ending June 30th, 2003 is expected
to be presented to the City Council at the next meeting or the meeting thereafter.
Councilman Wolowicz requested and received input concerning the routine practices
and policies for a monthly treasurer's report being presented to this body.
Councilman Wolowicz requested a copy of the City's investment policy.
Addressing Councilman Long's inquiry regarding LAIF, Director McLean explained that
it is a separate fund and is clearly protected from the grasp of the State of California.
Councilman Stern moved, seconded by Councilman Wolowicz, to receive and file the
October Treasurer's Report. There being no objection, Mayor Gardiner so ordered.
Resol. No. 2003 -99: Register of Demands.
ADOPT RESOL. NO. 2003 -99, 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.
City Council Minutes
December 2, 2003
Page 8 of 23
Director McLean noted for Councilman Wolowicz that the purpose of this report is to
provide a summary of each bill that is being presented for approval and disbursement of
payment/funds.
Councilman Long requested that staff provide a summary to indicate the routine items
that will come before this body.
Mayor pro tem Clark suggested that the two new Council members set up a meeting
with the Finance Director to go through some of the routine reports that are presented to
the City Council, as an alternative to providing the summary requested by Councilman
Long.
Councilman Stern moved, seconded by Councilman Wolowicz, to approve the Register
of Demands, thus adopting Resolution No. 2003 -99. The motion passed as follows:
AYES: Clark, Long, Stern, Wolowicz and Mayor Gardiner
NOES: None
PUBLIC COMMUNICATIONS
Lois Larue, 3136 Barkentine Road, stated that this is the first induction meeting that she
has attended since attending these City Council meetings; and mentioned that a
resident had commended her for her comments made at these meetings.
CITY COUNCIL ORAL REPORTS:
Councilman Long stated that he spoke with Rolling Hills Councilman Steve Zuckerman
regarding the proposed development for the Sanitation Districts facility; and expressed
his desire to see some of the comments he made placed in the staff report if and when
comments are forwarded to the County of Los Angeles on the pending proposal.
Councilman Stern stated that on behalf of this City, he attended the L.A. County
Breakfast on World Aids Day in Downtown Los Angeles — pointing out that it remains a
huge problem worldwide.
Mayor pro tem Clark complimented staff on the annual City holiday celebration at Hesse
Park. He stated that the tribute dinner for the outgoing Council members was a
wonderful event and noted his appreciation of staff.
Councilman Wolowicz stated that he attended the South Bay Ethics in Government
Forum in Torrance — pointing out that it was an impressive presentation on ethics in the
City Council Minutes
December 2, 2003
Page 9 of 23
government sector. He noted that he provided the City Manager and Council with the
materials that were made available to the attendees of this forum.
Mayor pro tem Clark mentioned that the ethics forum was sponsored by the South Bay
Cities Council of Governments, COG.
Mayor Gardiner stated that some material had been sent to Channel 33 and that he
anticipates seeing it broadcast on Sunday.
City Manager Evans added that Cox would broadcast City business on Channel 33 on
Sunday, from 5:00 P.M. to 9:00 P.M.
Mayor Gardiner requested that staff send a list to each Council member reflecting all the
various committees, subcommittees, and other bodies currently in existence. He
requested that each Council member review the list and note their interest in adding to
the list or deleting from the list and for each Council member to highlight their interest in
being involved on any committee, according to preferences.
PUBLIC HEARINGS:
Resol. No. 2003 -100: FY 03-04 ERAF Shift and Consolidated Loan Agreement
between the City and Agency. (602 x 1900)
Finance Director McLean presented staff report and the recommendation to (1)
Authorize an additional advance of $40,355 from the city to the Rancho Palos Verdes
Redevelopment Agency for the FY 02 -03 Education Revenue Augmentation Fund
payment and previous payments of County administrative fees made from the City's
General fund; (2) ADOPT RESOLUTION NO 2003 -100, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES MAKING FINDINGS IN
CONNECTION WITH THE FY 03 -04 EDUCATIONAL REVENUE AUGMENTATION
FUND PAYMENT AND AUTHORIZING A CONSOLIDATED LOAN AGREEMENT
WITH THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY IN
CONNECTION WITH THE AGENCY'S PROJECT AREA NO. 1; (3) Authorize the
Mayor and City Clerk to execute the proposed Consolidated Loan Agreement between
the City and the Rancho Palos Verdes Redevelopment Agency; and (4) Authorize staff
to account for the cost of administrative services and facilities provided by the City to
the Rancho Palos Verdes Redevelopment Agency, beginning December 1, 2003; and to
add those costs annually to the outstanding consolidated loan balance between the City
and Agency.
Mayor Gardiner opened the public hearing.
City Council Minutes
December 2, 2003
Page 10 of 23
Finance Director McLean stated that the City has the indebtedness in its
Redevelopment Agency a $5.5 million bond; and advised that the City also owes the
County an additional $3 million of deferred interest associated with the original County
bonds. He indicated that all the property taxes that are generated in the portion of the
City in the RDA are committed to either the fire or school districts or that it goes to pay
off the bond indebtedness — pointing out that there is no money left over. City Manager
Evans explained that two years ago, the State started taking some of the City's
Redevelopment money, some of the tax increment money; and advised that the State
took more of this money once again this year. In addition to that, he explained that two
years ago, the County started charging the City an administration fee to handle paying
off this debt — noting that neither of those amounts of money, the money the State took
nor the amount the County charges — can be taken from the tax increment, so the City
has to pay it out of the General Fund. As a result, Director McLean explained that this
request is to take that money out of the General Fund, considering it to be a loan from
the City to the Redevelopment Agency.
Councilman Long questioned if there is any possibility of refinancing the 1997 bonds to
lessen this burden.
Responding to Councilman Long's inquiry, Director McLean explained that staff
contemplated refinancing the 1997 bonds; that because of the unique nature of the
whole arrangement, staff has determined that it would be prudent to leave them in place
as is. He noted that the bondholder is the County.
City Manager Evans stated that some laws have changed regarding bonds and
Redevelopment Agencies and that refinancing would not be to the City's advantage.
City Attorney Lynch explained that the City has until November of 2004 to meet the
deadline for the Agency to incur any additional debt; noted that there is a process by
which the Agency could extend that deadline; however, because of all the existing
agreements that have been outlined by the County, she explained that the County will
not allow the City to restructure the debt in such a way that the County would not get
paid first. She stated that basically, the ability of many Redevelopment Agencies to
extend the opportunity to take on more debt would not work for this Agency because of
its existing commitments to the County.
Highlighting staff's decision not to refinance the bonds, Mayor pro tem Clark questioned
if staff had sought professional /legal advice in regard to this matter.
Director McLean explained that this decision was made prior to the retention of Feldman
& Rolapp, the City's financial consultant; and noted that the $3.4 million of deferred
interest is non - interest bearing.
City Council Minutes
December 2, 2003
Page 11 of 23
City Manager Evans stated that staff had sought legal /professional advice on this
matter; and added that the Redevelopment Agency laws have changed so that if this
City refinances the $5.5 million to a lower interest rate, the City will have to agree to a
lot of onerous conditions, basically having to give up some additional tax increment.
Councilman Wolowicz asked if staff could do a projection that would basically take out
what the dollar amounts are through the rest of the extended period, to look at a
calculation of the ERAF shift and simply project out into subsequent years what its
impact might be. Director McLean stated that that could be done. Councilman
Wolowicz requested this projection. City Manager Evans stated that future ERAF shifts,
if any, are unknown at this time; therefore, could not be included in projections. Both
the Director McLean and Councilman Wolowicz agreed with Mr. Evans.
For Councilman Wolowicz, Director McLean explained that the projections that were
prepared were based upon an increase of tax increment at the rate of 2 percent each
year, which seems to indicate that looking out 10, 15 years, it is conceivable that there
may be enough tax increment to pay off the 1997 bonds, the $3 million of deferred
interest and then perhaps begin paying back the City's General Fund.
Councilman Stern stated that it would be helpful to have some projections on the
schedules of the loans.
Mayor pro tem Clark explained that it may not be necessary to project into the future,
year after year, due to the League of California Cities becoming more proactive in its
efforts to voice dissatisfaction with this type of ERAF shift. He explained that the
League is gaining clout with the State Legislature and new administration and is gaining
support to get the State to back off their shifting of funds. He advised that he is the
Vice - Chairman of the League's Revenue and Tax Policy Committee and that he will
keep this City well informed as new information comes forth regarding the budget
process.
There being no response to the Mayor's call for public testimony, he closed the public
hearing.
Councilman Stern moved, seconded by Councilman Wolowicz, to concur with staffs
recommendation, thus adopting Resolution No. 2003 -100. The motion carried as
follows:
AYES: Clark, Gardiner, Long, Stern, Wolowicz
NOES: None
City Council Minutes
December 2, 2003
Page 12 of 23
Proposed 2004 -2005 Community Development Block Grant (CDBG) Program. (601
x 1204)
The staff report of December 2 "d recommended the following: (1) Conduct a public
hearing to receive citizen input on the proposed 2004 -2005 Community Development
Block Grant (CDBG) Program; (2) Approve the proposed CDBG projects and budget;
and (3) Authorize the Director of Public Works to execute agreements for CDBG
projects with the Los Angeles County Community Development Commission.
Mayor Gardiner opened the public hearing.
Mayor pro tern Clark moved to waive staff report. There being no objection, Mayor
Gardiner so ordered.
Sunshine, 6 Limetree Lane, noted that the homeowners whose homes are in the
landslide area cannot take advantage of the City's Home Improvement program, to
bring their homes into conformity with code; advised that the grant funds are not enough
to fix foundations in this area; and asked that the City take another look at how to help
finance these problems in the landslide area.
Mayor pro tem Clark questioned if there is flexibility during the year with the project list,
asking if adjustments can be made once a project is approved.
In response to Mayor pro tem Clark's inquiry, Director Allison stated that there is
flexibility with this Federal grant program; and explained that during the year, the City is
permitted to advise the Federal government that a project is costing more to build or
less to build and that the City would request to make an adjustment.
Councilman Wolowicz questioned if the funds from the prior year have all been
expended.
Responding to Councilman Wolowicz' inquiry, Director Allison stated that the funds are
in various stages of the process, but that they are committed to projects that are
proceeding. He added that leftover monies would not be returned to the Federal
government, but that those leftover monies would either be shifted to another project or
sold.
Mayor pro tern Clark moved, seconded by Councilman Stern, to approve staff
recommendation. There being no objection, Mayor Gardiner so ordered.
City Council Minutes
December 2, 2003
Page 13 of 23
REGULAR BUSINESS:
Proposed Interview Schedule for Advisory Board Applicants. (106)
City Clerk Purcell briefly presented staff report and the recommendation to adopt one of
the following schedules for interviewing and appointment of committee and commission
applicants: (1) Interview candidates Tuesday, January 6th and Thursday, January 8th.
Make appointments at the January 20th City Council meeting; (2) Interview candidates
Tuesday, January 6 and Monday, January 19th. Make appointments at Tuesday,
January 20th meeting; and, (3) Interview candidates for committee chair at 6:00 P.M. on
Tuesday, January 20th or February 3rd.
Councilman Long noted his concern with the even number of people on the Equestrian
Committee and questioned if appointment of a 7th member is warranted.
City Clerk Purcell explained that sometimes, members of this committee must recuse
themselves from consideration of certain matters that come before this committee due
to their close proximity to a particular project being discussed. Also, during the last
appointment process, Council appointed all of those who had applied for this committee.
Mayor pro tem Clark requested that this process take place as soon as possible,
suggesting that January 6t be one of the interview dates.
Following discussion concerning each Council members' availability, there was
consensus to start the interview process January 6th, prior to the City Council meeting,
January 7th at 6:00 P.M., and the selection of Committee Chairs on February 17, prior
to the meeting.
Ganado Trail /Coolheights Lot Site Visit. (450 x 1203)
Staff recommended that Council select a date and time to conduct a site visit to the
private lot at the terminus of Coolheights to view the route of the Ganado Trail.
Mayor pro tem Clark moved to waive staff report, stating that it was an excellent and
comprehensive report. There being no objection, Mayor Gardiner so ordered.
There was consensus for the site visit to take place on Saturday, December 6th, at 3:00
P.M.
Sunshine, 6 Lime Tree Lane, asked that the Council keep in mind that the construction
activity at this site has removed some of the problems that have existed at this site; and
she questioned the accuracy of the labeling of trails on the conceptual plans.
City Council Minutes
December 2, 2003
Page 14 of 23
Ralph Ortolano asked that the Director of Public Works visit this site in order to address
his concern with installing an adequate drainage plan — pointing out that since the brush
has been cleared from one side of the canyon, he believes a trench drain will be
necessary across the slope. Mr. Ortolano stated that staff report inaccurately identifies
him as being the one who suggested the Ganado Trail route alternative, but advised
that this suggestion was instead made by Mr. Al Saddler and Jim Bussy. He reiterated
his concern with the lack of proper public notice concerning this matter.
Councilman Stern moved, seconded by Mayor pro tem Clark, that the site visit be
conducted on Saturday, December 6, 2003, at 3:00 P.M.
Mayor pro tem Clark urged staff to do everything possible to publicize this site visit and
to invite anyone to attend; and suggested that staff notify the homeowner's
associations, place a notice on the website and List Serve system.
Workshop Issues for the Year 2004. (1101)
City Manager Evans presented staff report and the recommendation to identify issues
that the City Council should discuss in workshop sessions and set dates for those
workshops.
Councilman Stern stated that traffic issues and infrastructure financing are high on his
priority list.
Councilman Wolowicz stated that the Tactical Planning Workshop ranks top priority on
his list.
Councilman Long stated that the Infrastructure Financing Workshop ranks top priority
on his list.
Mayor pro tern Clark stated that the Tactical Planning Workshop ranks top priority on his
list, suggesting that this workshop be scheduled for January 10th. He highlighted his
interest for this body to take advantage of the League's Leadership Team Building
Workshop and the Contract Cities Legislative Tour. He suggested that the
Infrastructure Financing Workshop be scheduled for February and that after selecting a
new Traffic Committee, that a Joint City Council/Traffic Committee Workshop be
scheduled. He suggested that the joint meeting with the School Board be scheduled for
sometime late April, early May; and that the VIP Tour of the Long Beach Port take place
in March or April.
City Council Minutes
December 2, 2003
.Page 15 of 23
Mayor Gardiner noted his preference to first have the Tactical Planning Workshop so
that this body can establish priorities and identify what this body would like to
accomplish.
Mayor pro tem Clark moved, seconded by Councilman Stern, that this body commit to
attend the Annual Contract Cities Legislative Tour in Sacramento on January 12 and 13;
to schedule January 10th, 9:00 A.M., for the Tactical Planning Workshop; and that the
Council commit to the League's Leadership Team Building Workshop on January 28th -
30th. There being no objection, Mayor Gardiner so ordered.
Quorum Level for the General Plan Update Steering Committee. (701)
The staff report of December 2nd recommended that Council ADOPT RESOLUTION
NO. 2003 -101, RAISING THE QUORUM LEVEL FOR THE GENERAL PLAN UPDATE
STEERING COMMITTEE FROM 6 MEMBERS BACK TO 8 MEMBERS AND
RESCINDING RESOLUTION NO. 2003 -15.
Councilman Stern questioned the purpose for this resolution, noting his support for
public notice of meetings. He urged staff to make every reasonable effort to have some
sort of public notice, whether it's required or not.
Councilman Long commented on the purpose for this resolution; explained that the
specific concern is lack of quorum for many subcommittees and the desire to make it
clear that recommendations to a higher body were being made in a public forum.
City Attorney Lynch advised that publication in the newspaper is not required in the
Municipal Code, all that is required is posting in 3 public places.
Ralph Ortolano reiterated that the need for the site visit is partially due to the lack of
adequate public notice; and he echoed Councilman Stern's desire to see the public
notified of these meetings, giving people maximum opportunity to participate in the
process.
Councilman Wolowicz moved, seconded by Mayor pro tem Clark, to approve staff
recommendation.
Deputy Director Pfost noted for Councilman Stern that all Brown Act requirements will
be followed and that all other avenues will be utilized when possible, such as List Serve.
Councilman Long supported the adoption of this resolution in order to have a more
normal quorum and to allow the City to avoid technical violations of the Brown Act. He
City Council Minutes
December 2, 2003
Page 16 of 23
pointed out that this is not for purposes of avoiding public notice that its primary reason
is he does not want quorums to be less than the majority of the members.
Councilman Long offered a friendly amendment to the motion that staff will continue to
give public notice of all subcommittee meetings and adhere to the adopted schedule, to
the extent possible, and to attempt to give notice of all these subcommittee meetings in
compliance with the Brown Act, notwithstanding that quorums of the committee may not
be present at the subcommittee meetings.
Councilman Stern suggested an amendment that notwithstanding if there was technical
failure to comply with the Brown Act notice, that it not invalidate the subcommittee's
recommendation to a higher body.
The amendments were accepted.
There being no objection, Mayor Gardiner so ordered approval of the amended motion.
Border Issues Status Report. (310)
The December 2nd staff report recommended that Council review the current status of
border issues and provide direction to the City Council Committee and Staff.
With respect to the Palos Verdes Drive North (PVDN) portion of the former Navy
housing sites, Mayor pro tem Clark requested input from staff regarding the news
coverage last week with respect to the Navy's decision for usage of the excess housing
facility and reaction from staff with respect to whether they see any action Council
needs to take as it applies to this City or any projects before this City.
Senior Planner Fox stated that with respect to the PVDN portion, it appears that the
conveyance is consistent with the 1999 Reuse Plan; advised that there was no
information regarding the San Pedro /John Montgomery site as far as staff is aware; but
added that portion may be auctioned off with the current zoning for residential
development. He noted that any future developer would be obligated to provide for at
least 76 additional units of housing for the homeless. He stated that the PVDN seems
to be moving forward in a manner consistent with the Reuse Plan. He added that at this
time, he sees no implications for City projects.
With regard to the Sanitation District transferring liability to the County of L.A. for the
golf course project above the landfill, Councilman Long questioned the value of those
indemnities, potential liability or risk issues connected with 200,000 gallons of water per
day being placed on top of this Class I landfill and that water leaching through that
hazardous waste mass into the ground water - table; and with a capping membrane, the
City Council Minutes
December 2, 2003
Page 17 of 23
trapping of methane and the possibility for explosion. He asked that these issues be
addressed when the appropriate time comes for input.
Mayor Gardiner reiterated his concern with the EIR reflecting a death risk of 3.4 in
100,000 for the golf course project — stating that this is unacceptable. He questioned
the status of communication with Supervisor Knabe and Councilman Stern on this
matter and the desire for an extension for the comment period to March 4, 2004.
Councilman Long noted his understanding that some type of preliminary meeting will be
taking place on December 8, 2003.
Councilman Stern stated that Supervisor Knabe, at the last discussion, indicated to him
that he saw no problem extending the EIR comment period to January 30, 2004.
Mayor pro tem Clark recommended that Mayor Gardiner put in a call to Supervisor
Knabe in regard to the request for an extension to March 4, 2004.
Mayor Gardiner suggested that if there is resistance to the various municipalities'
requests for an extension, that the other Supervisors be contacted on the extension
requests; and he requested that Councilman Stern join him in conversing with
Supervisor Knabe.
RECESS AND RECONVENE
Mayor Gardiner recessed the meeting at 11:40 P.M. and reconvened the meeting at
11:50 P.M.
Continued Border Issues. (310)
With regard to the South Coast County Golf Course item, Councilman Wolowicz noted
for the record that it was his firm that prepared the financial projections for that golf
course four years ago.
With regard to the September 6th incident for the RWQCB notice date of August 1st,
Councilman Wolowicz questioned if the city of Rolling Hills Estates or Palos Verdes
Unified School District filed any actions.
In response, Senior Planner Fox stated that the City was not aware that any actions
were filed.
City Council Minutes
December 2, 2003
Page 18 of 23
With regard to the San Pedro facility, Councilman Wolowicz questioned if the Navy's
conveyance of the lands that were announced in the newspaper in November effectively
concluded on all the issues addressed in the Mayor's letter dated November 8, 2003.
Senior Planner Fox explained that two sites are involved concerning the conveyance of
land, the PVDN and the San Pedro /John Montgomery site; stated that the newspaper
article focused on the PVDN site and reflected that those conveyances were consistent
with the 1999 Reuse Plan. He indicated that to staffs knowledge, the San Pedro
property has not been conveyed to anyone; that it would be auctioned to a developer for
single - family residential use, which is not the use that was anticipated in the original
1999 Reuse Plan. He briefly provided a background of the activities on these two sites.
With regard to the Navy properties, Councilman Wolowicz commented on the numerous
residents of this community who have expressed frustration about being excluded from
the decisions which impact their neighborhoods; and stated that these residents have
many concerns with the proposal for homeless housing, questioning if there is anything
this City can do in an aggressive manner to help prevent the proposed homeless
housing at that location.
City Manager Evans commented on the numerous meetings that have taken place over
the years in regard to these properties; and indicated that it is very clear that it's going
to be the Federal agency's decision on what will be placed on this property.
Councilman Wolowicz suggested that a Congress person be contacted in regard to
these concerns.
City Manager Evans commented on the possibility of contacting Congressman
Rohrabacher, asking to schedule a meeting in this regard.
Mayor pro tem Clark moved, seconded by Councilman Stern, for Council to authorize
Councilman Wolowicz, Mayor pro tem Clark and City Manager Evans to engage
Congressman Rohrabacher on this matter. There being no objection, Mayor Gardiner
so ordered.
Regarding the Rolling Hills Covenant Church, Councilman Wolowicz questioned if there
are any outstanding issues addressed by the RPV City Council to the city of Rolling Hills
Estates.
Senior Planner Fox stated that the main issue that this City expressed to Rolling Hills
Estates was that the EIR identified significant unavoidable adverse noise and air quality
impacts that exclusively affected residents in RPV. He explained that the concerns are
related to the exportation of soil from the church site onto the Green Hills Memorial Park
City Council Minutes
December 2, 2003
Page 19 of 23
site and noted that staff had asked very early in the EIR process to include an
alternative analysis whereby that fill did not go to the Green Hills Memorial Park site.
He noted that the EIR does include such an alternative as requested by this City. He
advised that RPV has continued to stress to Rolling Hills Estates that if they are inclined
to approve the project at some point, that this City would still prefer to see them require
the fill go somewhere else. He also noted that Green Hills does not have authorization
to accept the fill at this point in time and that this issue is unresolved.
Relating to the Harbor -South Bay Water Recycling project, Councilman Wolowicz
questioned if any elements of the trenching in public rights -of -way can be coordinated
with the infrastructure repairs and /or the street maintenance.
Senior Planner Fox stated that this City had addressed in the DEIR its concerns about
the condition of these streets following the completion of construction and that this City
asked that this issue be evaluated. He noted that just last week, staff received the final
draft environmental assessment that does include some responses to RPV's comments,
and that staff plans on providing those responses on the next Border Issues report.
Councilman Wolowicz questioned if any part of the funds related to this recycling project
can be applied to the infrastructure funding needs if this City sees there is a nexus
between the infrastructure repairs and this trenching in the public rights -of -way.
Senior Planner Fox noted for Councilman Wolowicz that he does not know any of the
funding details.
Councilman Wolowicz requested that staff research this matter.
AB 1160 (Steinberg) Limits Local Control on Second Housing Units on Single-
Family Lots. (1101)
The staff report of December 2 "d recommended that Council consider the request from
the League of California Cities to oppose AB 1160 (Steinberg) and authorize the Mayor
to send a letter of opposition to the appropriate member of the California Assembly
and /or committee.
Mayor pro tem Clark moved to waive staff report and recommended approval of staff
recommendation.
Councilman Stern offered an amendment that the document be signed by the current
Mayor, Mayor Gardiner.
City Council Minutes
December 2, 2003
Page 20 of 23
Mayor pro tem Clark concurred. The motion was seconded by Councilman Wolowicz.
There being no objection, Mayor Gardiner so ordered.
Council Liaison for Eastview Traffic Issues. (1502 x 1204)
Mayor pro tem Clark commented on the traffic and safety concerns in the Eastview area
and the residents' urging immediate attention, noting that the traffic concerns have
grown worse over the last decade; and requested to raise the bar of
involvement/engagement in this area by assigning a volunteer member of this body as a
liaison member who would not act as an adjudicator, but would bring some perspective
from an elected's standpoint to the discussions run by that community and perhaps
some of the Traffic Committee sessions that deal with the Eastview traffic area. He
stated that this liaison would bring a status report back to the City Council.
Mayor pro tem Clark moved, seconded by Councilman Wolowicz, that the City Council
establish an ad hoc liaison member of the City Council to interface with the Eastview
community, the Traffic Committee, and staff as parties work through a reasonable
approach to the traffic solution.
Councilman Stern concurred with the necessity to address the traffic problems in this
area of the community; but stated that he was not sure of what role the liaison would
play in terms of addressing the traffic issues. He stated that the City already has a good
system in the way staff does the technical workup and analysis and the Traffic
Committee works through the problems. He expressed his concern that a liaison would
become more of a fifth wheel that really doesn't function; that it may make sense to
either address this in the context of committees, or more appropriately at Council's
January 10th session, to see how it fits in with the kinds of things this body wants to do.
He stated that at this time, he would not support Mayor pro tem Clark's proposal.
Councilman Wolowicz stated that he is conceptually in favor of what Mayor pro tem
Clark proposed and advised that he had witnessed the frustration in that community
with regard to their concerns with traffic safety; and questioned to what extent this
liaison would interact at that level.
Councilman Long stated that he understood the traffic concerns in the Eastview area
and the need for these issues to be addressed; and noted the need for the Eastview
community to believe that this community is unified in seriously addressing their traffic
concerns. He addressed his concern that a liaison for one neighborhood might be
perceived by other neighborhoods as showing favoritism to another neighborhood.
Mayor pro tem Clark expressed his belief that engaging a City Council member on
various committees can be effective in bringing the status of issues back to City
City Council Minutes
December 2, 2003
Page 21 of 23
Council; he stated that this liaison would not be making decisions but would be reporting
back to the entire City Council and that it would demonstratively show a concerned
sector of this community that the City is concerned with their concerns. He reiterated
that this liaison would not take the place of the Traffic Committee, staff or be the
ultimate adjudicator.
Mayor Gardiner expressed his concern that appointing a City Council liaison to this
particular community would set a precedent; he commented on the framework within
which the Traffic Committee explores issues and alternatives so that they don't develop
something that can ultimately be rejected at the Council level; and stated that he would
prefer to see a citywide approach with the use of mechanisms in place and possibly put
together an ad hoc subcommittee on traffic issues for the moment, to work with the
Traffic Committee and the Eastview residents. Because of the late hour, Mayor
Gardiner suggested that this matter be continued to the Tactical Planning Workshop on
January 10th.
Mayor pro tem Clark expressed his preference to discuss Council assignments, the
need to form an ad hoc committee on citywide safety and traffic; expressed his belief
that this can fit well with the concept of the liaison for this particular neighborhood
because if the Council moves in that direction, it would meet all of the objectives that
have been mentioned; and that it would also designate to Eastview one of the two
Council members who end up on that safety and traffic ad hoc subcommittee. He
suggested that this body establish that subcommittee and that both Councilmen Long
and Wolowicz serve on that subcommittee, one of them being the liaison for the
Eastview issue. He highlighted the importance of Council presence with this issue.
Councilman Long stated that he would not like to see as a matter of routine the
designation of Council members as liaisons to neighborhoods on particular issues;
stated that he could support Mayor pro tem Clark's recommendation as he had
structured the liaison's role; and stated that he would like to see the traffic ad hoc
committee assignments deal with the highest priority issues on traffic throughout the
community.
Rather than having someone go to Eastview as a liaison, Mayor Gardiner suggested
taking two members of the City Council, two members from the Traffic Commission and
forming a subcommittee along the lines that was done for the Neighborhood
Compatibility Committee, having a group from Eastview help generate a solution for
their area.
Councilman Stern suggested that this matter be taken up at the January 10th workshop.
City Council Minutes
December 2, 2003
Page 22 of 23
Councilmen Long and Wolowicz volunteered to attend the December 8th Traffic
Commission meeting regarding Eastview issue, stating that he will act as an observer
and return to the Council with a report.
With Councilmen Long and Wolowicz volunteering to attend the December 8th Traffic
Commission meeting, Mayor pro tem Clark tabled his motion to a larger discussion for
the establishment of an ad hoc committee on safety and traffic issues citywide.
There being no objection to table the motion until January 10th, Mayor Gardiner so
ordered.
CLOSED SESSION REPORT:
None provided.
ADJOURNMENT:
On motion of Councilman Stern, the meeting was formally adjourned at 12:36 A.M. to
Saturday, December 6th, 2003, 3:00 P.M. It
Attest:
WACity Council Minutes\2003 \12022003 cc mins.doc
City Council Minutes
December 2, 2003
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