CC MINS 20010703MINUTES
RANCHO PALOS VERDES CITY COUNCIL
July 3, 2001
The meetin g was called to order at 7:01 p.m. by Mayor Lyon at Fred Hesse
Community Park, 29301 Hawthorne Boulevard. After the Pledge of Allegiance,
roll call was answered as follows:
PRESENT: Ferraro, McTaggart, Stern, and Mayor Lyon
ABSENT: None
Also present were City Manager Les Evans, Assistant City Manager Carolynn
Petru; City Attorney Carol Lynch; Director of Planning, Building, and Code
Enforcement Joel Rojas; Director of Public Works Dean Allison; Director of
Finance Dennis McLean; Director of Administrative Services /City Clerk Jo
Purcell; and, Recording Secretary Arlene Jaentsch.
CEREMONIAL MATTERS:
In appreciation for his service to the Community and outstanding contributions to
the county, Councilman Byrd was presented with a proclamation from the Los
Angeles County Board of Supervisors, in addition a Certificate of Recognition
was presented by the Palos Verdes Transit Authority for Councilman Byrd's input
on transit service and fiscal management advice. Letters of appreciation were
read by Mayor Lyon from State Senator Betty Karnette and Assemblyman Alan
Lowenthal. A tile commemorating Councilman Byrd's years of service to the City
was presented by Mayor Lyon.
RECESS: At 7:30 p.m Mayor Lyon declared a recess.
The meeting reconvened at 7:49 p.m.
RECYCLING DRAWING:
There was no winner for this meeting.
APPROVAL OF AGENDA:
Councilman Stern moved, seconded by Councilwoman Ferraro, to approve the
agenda. Motion carried.
APPROVAL OF CONSENT CALENDAR:
City Council Minutes
July 3, 2001
Page 1
The April 2001 Treasurer's report was removed from the consent calendar
because an attachment was missing. The report will be brought back at the next
meeting.
Councilwoman Ferraro moved, seconded by Councilman Stern to approve the
Consent Calendar as follows:
Motion To Waive Full Reading 9
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 June 5, June 16, June 19, and June 20, 2001
Approved the Minutes.
Notice of Completion for 2000 -2001 Residential Overlay and Slurry Seal
Program
(1) Accepted the work as complete. (2) Authorized the City Clerk to record a
Notice of Completion with the County Recorder; and if no claims are filed 35 days
after recordation, notify the surety company to exonerate the Payment and
Performance bond. (3) Authorized the Director of Public Works to release the
10% retention payment to Silvia Construction, Inc. 35 days after recordation of
the Notice of Completion by the County Recorder contingent on no claims being
filed on the project.
One -Year Extension of Agreement with Gary Arno for Public Information
Services
Approved a third one -year extension of the Agreement with Gary Arno for Public
Information Services and authorized the Mayor and the City Clerk to execute the
agreement extension.
Traffic Signal Installation on Crest Road at Highridge Road
(1) Approved the Plans and Specifications for the traffic signal installation on
Crest Road at Highridge Road. (2) Awarded a construction contract to
Dynalectric, Inc. for an amount not to exceed $99,400, and authorized staff to
spend an additional $10,600 for possible extra work for a total authorization of $
1101000. (3) Authorized the Mayor and the City Clerk to execute a contract with
Dynalectric, Inc. (4) Authorized the expenditure of up to $110,000 for
construction inspection and administration services.
City Council Minutes
July 3, 2001
Page 2
Claim Against the City by Michael Tahbaz
Rejected the claim and directed the City Clerk to notify the claimant of Council's
action.
Resol. Nos. 2001 -47, 48, and 49; November 6, 2001 General Municipal
Election
Adopted the following resolutions: RESOL. NO. 2001 -47, November 6, 2001
General Municipal Election (1) CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY
ON TUESDAY, NOVEMBER 6, 20011 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. 2001 -48, 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
6, 2001; and, (3) RESOL. NO. 2001 -49, 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 6, 2001.
City Investment Policy — Fiscal Year 2001 -2002
Adopted the Fiscal Year 2001 -2002 investment policy for the City of Rancho
Palos Verdes.
Loan Agreement Between the City and the RDA
Authorized the Mayor and the City Clerk to execute the proposed Loan
Agreement between the City and the Rancho Palos Verdes Redevelopment
Agency.
Resol. No. 2001 -50 - Register Of Demands
ADOPTED RESOLUTION NO. 2001 -501 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 COMMENTS:
City Council Minutes
July 3, 2001
Page 3
Lois Larue, 3136 Barkentine Rd., referred to the recent Slurry Seal project and
other Public Works projects and the funding involved..
Filling Vacancy on the City Council
City Attorney Lynch gave a summary of the staff report and the staff
recommendation that if Councilmember Byrd resigns from the City Council, the
Council should determine at the July 3rd City Council meeting whether to appoint
an individual to serve the remainder of Councilmember Byrd's term, and should
the Council wish to do so, the Council should make the appointment at that
meeting.
Eric Paris, 29234 Stadia Hill Lane, stated two reasons for appointment, to assure
a quorum and as a trial period for the people to evaluate the performance of
whomever is appointed before the election. He encouraged the Council to
appoint an interim member.
Tom Redfield, 31273 Ganado, spoke in favor of leaving the Council seat vacant
until the November 6 election decides who the people think should be there. He
felt that appointment was an unfair advantage to whoever was selected.
Gil Alberio, 2177 Rocking Horse Road , presented his views as a candidate for
appointment and as a candidate for the November election. He expressed his
opinion that although it would be a tough decision the Council should appoint
someone so that there would be five members.
Council discussion focused around appointment or waiting until the election or
calling a special election. The majority expressed the opinion that it would be
best to appoint someone to fill the vacant seat to assure that there would be a
quorum for future meetings. After some discussion it was decided to vote for
candidates nominated by Council members. Council nominated candidates as
follows:
Council Member
Nominee
Stern
Stefan Wolowicz
McTaggart
Eric Paris
Ferraro
Gil Alberio
Lyon
Peter Gardiner
Councilman Stern nominated Stefan Wolowicz a member of the Finance
Advisory Committee with an excellent background who is also a C.P.A.
Mayor Pro Tern McTaggart nominated Eric Paris who in the last election got the
next to the most votes for a seat on the Council.
City Council Minutes
July 3, 2001
Page 4
Councilwoman Ferraro nominated Gil Alberio who has served on Planning
Commission and the View Restoration Commission.
Mayor Lyon nominated Peter Gardiner, who has served as a Trustee for the
Palos Verdes Peninsula Unified School District.
Ballots were distributed by City Clerk Purcell and she explained the voting
procedure and that this would not be a secret ballot.
In the first round each Council member voted for their nominated candidate. In
the second round. Peter Gardiner was elected by a vote of three, Councilman
Stern voted for his nominated candidate.
Immediately following the vote City Clerk Purcell administered the oath of office
to Peter Gardiner.
Councilman Gardiner accepted the office and thanked the Council for their votes
and stated that he would listen well to fellow citizens and do his best to represent
the views and interests of the residents of Rancho Palos Verdes.
The Council welcomed Council member Gardiner, thanked the other candidates
and expressed appreciation to everyone who came forward to serve the City as a
volunteer for the Council seat.
Ordinance No. 363 Amending Traffic Code — Repeal of "For Sale Sign"
Prohibition
City Attorney Lynch gave the staff report and the recommendation to
Introduce Ordinance No. 363 AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES REPEALING REGULATIONS RELATING TO PARKING
VEHICLES FOR SALE ON PUBLIC STREETS AND AMENDING TITLE 10 OF
THE RANCHO PALOS VERDES MUNICIPAL CODE.
Donald Jones, 5511 Eau Clair Drive, referred to a citation he received for having
a "For Sale" sign in his car. He said that a Los Angeles County court had
overturned the previous ordinance, and stated that he supports the right of an
individual to sell an auto and urged the Council to introduce the Ordinance.
Council discussion centered on signage. City Attorney Lynch explained that this
Ordinance would only affect signs affixed to vehicles and would not affect signs
on property. Councilmember Stern moved, seconded by Mayor Pro Tern
McTaggart to introduce the Ordinance.
Motion carried on the following roll call vote:
City Council Minutes
July 3, 2001
Page 5
AYES: Ferraro, McTaggart, Stern, and Mayor Lyon
NOES: None
ABSTAIN: Gardiner
PUBLIC COMMENTS:
Vic Quirarte, 29369 Quailwood, spoke in opposition to the proposed softball
fields at the Lower Point Vicente location as well as the proposed golf course at
the City Hall site. He expressed dissatisfaction with Destination Resorts and said
that he thinks the City Council and the Mayor run the City not Destination
Resorts.
Alan White, 32614 Coastsite Drive, a docent at the Interpretive Center for ten
years, told the Council that school tours and children fascinated by the whales,
tourists from all over and the citizens of RPV, make heavy use of the Interpretive
Center. He urged the Council to refuse to consider offers made by Destination
Resorts.
Lois Larue, 3136 Barkentine Road, said that she had called City Hall with many
questions about the Register of Demands and commended Assistant City
Manager Petru for answering these questions.
REGULAR BUSINESS:
Ordinance No. 364 - Prohibiting Hunting on Public Land
City Attorney Lynch gave the Staff Report and the recommendation to
INTRODUCE ORDINANCE NO. 364 AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES ESTABLISHING REGULATIONS PROHIBITING
HUNTING ON CITY PROPERTY AND AMENDING THE RANCHO PALOS
VERDES MUNICIPAL CODE
Lois Larue, 3136 Barkentine Road, had read in the staff report about the use of
sling shots. She referred to a recent movie being made with guns in RPV and
wanted a resolution against them too. City Attorney Lynch explained that there
already was an Ordinance against the use of guns in Rancho Palos Verdes.
Councilman Stern moved, seconded by Mayor Pro Tern McTaggart to introduce
Ordinance No. 364.
Motion carried on the following roll call vote:
AYES: Stern, Ferraro, McTaggart, Gardiner and Mayor Lyon
NOES: None
City Council Minutes
July 3, 2001
Page 6
Ordinance No. 365 - Animal Control Ordinance
City Attorney Lynch gave the Staff Report and the recommendation to
INTRODUCE ORDINANCE NO. 365 AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES ADOPTING BY REFERENCE TITLE 10, ANIMALS,
OF THE LOS ANGELES COUNTY CODE AND AMENDING CHAPTER 6.04 OF
THE RANCHO PALOS VERDES MUNICIPAL CODE. (2) Direct the City Clerk to
set a public hearing on the adoption of this Ordinance at the City Council meeting
on August 7, 2001, and to publish notice according to Government Code Section
50022.3.
City Attorney Lynch stated that this is introduction of the County code by
reference and that there will be a public hearing before it is adopted. Council
Inquired about the county contract and expiration date, which runs for another
two years. Citizens have to go to the pound in Carson and it is difficult for some.
The county had offered to put shelters closer but individual cities would have to
provide the funding.
Councilman Stern moved, seconded by Councilwoman Ferraro to introduce
Ordinance No. 365. Motion carried on the following roll call vote:
AYES: Stern, MCTaggart, Ferraro, Gardiner and Mayor Lyon
NOES: None
RECESS:
City Council Assignments
City Clerk Purcell gave the staff report and the recommendation to assign
Council members to various committee seats upon the resignation of Councilman
Byrd.
Council consensus was to discuss this item at a future meeting.
Pre - Ordering of Drainage Pipe and Issuance of a Notice of Exemption for
the San Ramon Drainage and Landslide Stabilization Project.
Assistant City Manager Petru gave the Staff Report and the recommendation to
(1) Based on the facts set forth in this report, find that an emergency exists which
will not permit a delay resulting from a competitive solicitation for bids, and that
the actions requested in numbers 1 and 2 were necessary to respond to the
emergency. (2) Authorize staff to conduct an informal bid process and pre -order
HDPE drainage pipe for an estimated cost of $50,000. (2) Adopt the Notice of
Exemption for the San Ramon Drainage and Landslide Stabilization Project and
City Council Minutes
July 3, 2001
Page 7
direct staff to post notice of this action as required by law.
Council discussed the availability of the pipe. Assistant City Manager Petru
explained that distributors are scarce and that after ordering there would be a six
weeks wait for delivery. Council stated that they have known about this for
about a year and that this item was put in the budget.
Councilman Stern moved, seconded by Mayor Pro Tem McTaggart to approve
the staff recommendation. Motion carried on the following roll call vote:
AYES: Stern, McTaggart, Ferraro and Mayor Lyon
NOES: None
ABSTAIN: Gardiner
CLOSED SESSION REPORT:
City Attorney Lynch reported on closed session items as follows. For the Pt.
Vicente Interpretive Center item, Council unanimously voted to approve a tolling
agreement. Council also approved a second tolling agreement with Chandler
landfill, voting unanimously for a 90 -day agreement.
On the second item Olson v. R.P.V., Council approved the settlement agreement
in exchange for waving of the appeal.
The third item, R. P.V. v. Chiles, Council unanimously approved the settlement
agreement at $150.00 per parcel, the same amount as previously paid for sewer
easement.
ORAL CITY COUNCIL REPORTS: Mayor Pro Tem McTaggart reported on the
recent meeting of the County Contract Oversight Committee and the Liability
Trust Fund.
ADJOURNMENT: Meeting adjourned at 9:13 p.m. on the motion of Mayor Lyon.
ATTEST:
CITY CLERK
WA2001 City Council Minutes \07032001 cc min.doc
City Council Minutes
July 3, 2001
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