CC MINS 20010807MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
AUGUST 7, 2001
The meeting was called to order at 7:10 P.M. by Mayor Lyon at Fred Hesse Community
Park, 29301 Hawthorne Boulevard.
After the Pledge of Allegiance which was led by United States Naval Sea Cadets Petty
Officer Alejandro Ruiz, Seaman Vanessa Ruiz, and Seaman Recruit Mario Lucero, roll
call was answered as follows:
PRESENT: Ferraro, Gardiner, MCTaggart, and Mayor Lyon
ABSENT: Stern
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; Accounting Manager Kathryn Downs; City
Clerk/Administrative Services Director Jo Purcell; and, Deputy City Clerk/Recording
Secretary Jackie Drasco.
RECYCLING DRAWING:
The winner from the last drawing was Victor Teresinski, who will receive a check for
$250, which represents a year of free refuse service. Another card was selected.
APPROVAL OF AGENDA:
Mayor Pro Tern McTaggart moved, seconded by Councilmember Gardiner, to approve
the agenda, as amended. Motion carried.
APPROVAL OF CONSENT CALENDAR:
Councilmember Gardiner asked that the item regarding Adoption of Ordinance No. 368
Adopting the Abalone Cove Sewer Maintenance Fee and Informal Bid and the item
regarding the Pre - Ordering of HDPE and RCP Pipe for the San Ramon Drainage and
Landslide Stabilization Project be removed from the Consent Calendar for discussion
before the item regarding Pre - Ordering of Drainage Pipe for Immediate Storm Drain
Repairs near Palos Verdes Drive South and Peppertree Drive.
Lois Larue, 3136 Barkentine Road, spoke about the City's investment policy and the
Minutes of July 3.
Councilwoman Ferraro moved, seconded by Mayor Pro Tern McTaggart, to approve the
amended Consent Calendar as follows:
Mayor Lyon suggested a correction to the Minutes of July 3. City Clerk Purcell said that
the change would be made.
Motion to waive full reading
Adopted a motion to waive reading in full of all ordinances presented at this meeting
with consent of the waiver of reading deemed to be given by all councilmembers after ,
the reading of the title.
Minutes (301)
Adopted the Minutes of July 3 and July 17, 2001.
Claim Against the City by Barbara Zuliani and Candy Rice
Rejected the claim and direct the City Clerk to notify the claimant of the City Council's
action.
Ordinance No. 366 Adopting Code Amendment No. 49 - Equestrian Overlay
District
ADOPTED ORDINANCE NO. 366 - AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES TO ADOPT AN AMENDMENT TO CHAPTER 17.46 (EQUESTRIAN
OVERLAY (Q) DISTRICT) OF TITLE 17 OF THE CITY'S MUNICIPAL CODE. (This
ordinance was introduced on July 17.)
Notice of Completion for the Palos Verdes Drive East and Bronco Drive Storm
Drain Project
(1) Approved a second and final Change Order in the amount of $59,272. (2) Accepted
the work as complete. (3) Authorized the City Clerk to record the Notice of Completion
with the County Recorder; and if no claims are filed 35 days after the recordation, notify
the surety company to exonerate the Payment and Performance Bonds. (4) Authorized
the Director of Public Works to release the 10% retention payment to Excel Paving 35
days after recordation of the Notice of Completion by the County Recorder contingent
on no claims being filed on the project.
Professional Services Agreement with Willdan for Temporary Professional
Planning Services
Reviewed and approved the proposed Professional Services Agreement between the
City and Willdan for temporary planning staffing for the Planning, Building and Code
Enforcement Department, and authorized the Mayor and the City Clerk to sign the
City Council Minutes
August 7, 2001
Page 2
agreement.
Resol. No. 2001 -53 - Register of Demands
ADOPTED RESOLUTION NO. 2001 -531 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 apl
AYES:
NOES:
ABSENT:
ABSTAIN:
)rove the Consent Calendar carried on the following roll call vote:
Ferraro, Gardiner, McTaggart, and Mayor Lyon
None
Stern
Ferraro on the Minutes of July 17 because she absent from that
meeting.
# # # # # # # # # #
PUBLIC HEARING:
Adopt Ordinance No. 365 Amending Animal Control Ordinance
Mayor Lyon opened the public hearing on this request to Adopt Ordinance No. 365.
City Clerk Purcell announced that notice had been duly published and that there were
no written comments received by the City.
City Manager Evans presented the staff report of August 7, 2001 and the
recommendation to adopt the proposed ordinance adopting by reference Title 10,
Animals, of the Los Angeles County Code and amending Chapter 6.04 of the Rancho
Palos Verdes Municipal Code.
Council discussion centered on the 50% license fee increase which might be significant
to some residents; changes to the procedure which required that a "Vicious Dog"
appeal be handled by a court instead of by the City Manager's Office; who would pay
for legal fees when a matter goes to court; the County's requirement that the City
accept all provisions of its code to allow uniform enforcement by their representatives in
all cities it services for animal control; and, the need for a simple pamphlet, possibly
with a flow chart, to clearly explain the procedure to residents.
There being no response to the Mayor's call for testimony, she declared the hearing
closed.
Councilwoman Ferraro moved, seconded by Mayor Pro Tern MCTaggart, to ADOPT
ORDINANCE NO. 365. ADOPTING BY REFERENCE TITLE 10, ANIMALS, OF THE
LOS ANGELES COUNTY CODE AND AMENDING CHAPTER 6.04 OF THE RANCHO
City Council Minutes
August 7, 2001
Page 3
PALOS VERDES MUNICIPAL CODE.
The motion carried on the following roll call vote:
AYES: Ferraro, Gardiner, McTaggart, and Mayor Lyon
NOES: None
ABSENT: Stern -- --
Ordinance No. 368 - Adopting the Abalone Cove Sewer Maintenance Fee
Staff recommendation was to adopt the proposed Ordinance Amending The Rancho
Palos Verdes Municipal Code By Adding New Chapter 13.06 Establishing Sewer
Maintenance Fees For The Abalone Cove Sewer System. (This ordinance was
introduced on July 17.)
Council discussion centered on the expected life of the equipment, cost and funding
sources for maintenance and spare parts and provisions to avoid system shutdown in
the event of power outages.
Councilmember Gardiner moved, seconded by Mayor Pro Tem McTaggart, TO ADOPT
ORDINANCE NO. 368 AMENDING THE RANCHO PALOS VERDES MUNICIPAL
CODE BY ADDING NEW CHAPTER 13.06 ESTABLISHING SEWER MAINTENANCE
FEES FOR THE ABALONE COVE SEWER SYSTEM.
The motion carried on the following roll call vote:
AYES:
Ferraro, Gardiner, McTaggart, and Mayor Lyon
NOES:
None
ABSENT:
Stern
Informal Bid and Pre - Ordering of HDPE and RCP Pipe for the San Ramon
Drainage and Landslide Stabilization Project
Staff recommendation was to review and reconfirm by a four -fifths vote, the Council's
previous action on July 17, 2001, to authorize staff to conduct an informal bid process
and pre -order HDPE and RCP drainage pipe for the San Ramon Drainage and
Landslide Stabilization Project.
Council discussion focused on the advantage of purchasing the pipe for this project
along with the pipe for the Immediate Storm Drain Repairs near Palos Verdes Drive
South and Peppertree Drive even though the items would be discussed and approved
separately.
Councilmember Gardiner moved, seconded by Mayor Pro Tern McTaggart, to reconfirm
City Council Minutes
August 7, 2001
Page 4
by a four -fifths vote, the Council's previous action on July 17, 2001, to authorize staff to
conduct an informal bid process and pre -order HDPE and RCP drainage pipe for the
San Ramon Drainage and Landslide Stabilization Project.
REGULAR BUSINESS:
Pre - Ordering of Drainage Pipe for Immediate Storm Drain Repairs near Palos
Verdes Drive South and Peppertree Drive
' Director Allison presented the staff report of August 7, 2001 and the recommendation to
(1) Find that an emergency exists which will not permit a delay resulting from a
competitive solicitation for bids, and that the following actions are 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 $35,000. (3) Adopt the proposed
resolution Amending Resolution No. 2001 -43, the Budget Appropriation for Fiscal Year
2001 -2002, for a Budget Adjustment to the City's Capital Improvement Projects Fund.
Council discussion centered on the discovery of this problem during an inspection,
revegetation and road repairs necessary because of the repairs; alternative types of
pipes and the reasons for selecting the material being purchased; and, a suggestion
that a blanket purchase order be prepared in the hope of stabilizing a price for future
pipe purchases.
Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart, to (1) Find
that an emergency exists which will not permit a delay resulting from a competitive
solicitation for bids, and that the actions taken below are 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 $35,000. (3) ADOPT RESOLUTION NO. 2001-
54, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, AMENDING RESOLUTION NO. 2001 -43, THE BUDGET APPROPRIATION
FOR FISCAL YEAR 2001 -2002, FOR A BUDGET ADJUSTMENT TO THE CITY'S
CAPITAL IMPROVEMENT PROJECTS FUND.
The motion carried on the following roll call vote:
AYES:
Ferraro, Gardiner, McTaggart, and Mayor Lyon
NOES:
None
ABSENT:
Stern
Approve Process for Handling "Border Issues"
City Manager Evans presented the staff report of August 7, 2001 and the
recommendation to consider establishing a process for City Council involvement in
issues involving development, or other activities, proposed for adjacent communities
City Council Minutes
August 7, 2001
Page 5
that may affect residents of Rancho Palos Verdes.
Council discussion focused on the importance of considering cumulative impact of
projects; the concept of Council bringing up projects to be discussed rather than staff
because they are out in the community and talking to residents; the suggestion to use
maps to pinpoint project locations to indicate cumulative impact; the influence of the
Council to comment or change projects in other jurisdictions and specific actions which
can be taken; the need to have written documentation of objection if the City wishes to
file a lawsuit later; the suggestion that a written procedure will be helpful when the
membership on the ad hoc committee changes; the reasons this situation lends itself
better to an ad hoc committee rather than a standing committee;
City Attorney Lynch indicated that it was sometimes hard to determine the status of a
development because it was not always clear if a Notice of Determination had been
recorded with the County.
April Sandell, 28026 Pontevedra Drive, expressed thanks to the Council for their
interest, and suggested that staff develop a checklist to indicate when constitutional
rights had been violated or laws broken and then bring those concerns to the Council's
attention. She said that mixed -use projects were becoming more common and
development could not be stopped but safeguards could be in place.
Don Shults, 2129 Velez Drive, representing Rolling Hills Riviera Homeowners
Association, expressed his appreciation for the Council's support and hoped that since
the new Mayor of the City of Los Angeles and the new Los Angeles City
Councilmember both live in San Pedro, they would be receptive to the problems being
investigated by the ad hoc committee. He said that cumulative impact was very
important and that it was critical to address problems in the early stages of
development.
Councilmember Gardiner moved, seconded by Councilwoman Ferraro to: (1) Direct
staff to establish a process, which includes consideration of cumulative impact, for most
effective City Council involvement in issues involving development, or other activities,
proposed for adjacent communities that may affect residents of Rancho Palos Verdes.
(2) Direct staff to write a letter to the County advising Supervisor Knabe that the County
Community Development staff is failing to notify adjoining property owners of pending
projects.
RECESS & RECONVENE:
At 8:50 P.M., Mayor Lyon declared a recess. The meeting reconvened at 9:00 P.M.
PUBLIC COMMENTS:
Eric Paris, 27234 Stadia Hill Lane, described what he considered to be unacceptable
City Council Minutes
August 7, 2001
Page 6
behavior at a recent Planning Commission meeting. He also said that he was told that
since Planning Commission minutes had been scanned onto the CDs that hard copies
were no longer available.
City Clerk Purcell reported that hard copies were still available at City Hall.
Lois Larue, 3136 Barkentine Road, reiterated her request that the City's GPS system be
named the Lee Byrd Global Positioning System because of his efforts in having
Magnavox donate the system to the City.
Discussion of November 6 General Municipal Election Ballot Measures
City Attorney Lynch presented the staff report of August 7, 2001 and the
recommendation to take whatever action Council deemed necessary, including
adoption of appropriate resolutions. She also related the recent court decisions
necessitating this action.
Mayor Lyon stated that even though Councilman Stern was not present he had verbally
expressed his wish to have these two measures appear on the ballot for the election on
November 6, 2001.
Council discussion centered on the requirement to take this action because of a court
decision; the fact that these taxes had been in place since 1991 for the Transient
Occupancy Tax and for the Golf Tax since 1993 and that the election would enable the
people to ratify these taxes and remove the risk of litigation; ratification by the residents
was preferable to depending on a development agreement; the printing cost to put
these measures on the ballot; the fact that a 10% hotel occupancy tax is fairly standard;
that the Los Verdes County golf course is exempt from the golf tax; and, the preference
for the word "ratify" instead of "validate" which was used in the proposed resolutions.
City Attorney Lynch clarified that the Council could request that the percentages for
these taxes be increased on the ballot but it was recommended that the voters be
asked to simply ratify the percentages already in place. I
Councilwoman Ferraro moved, seconded by Mayor Pro Tern McTaggart to ADOPT
RESOLUTION NO. 2001 -557 AS AMENDED, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDERING THAT A
PROPOSITION RELATED TO THE TRANSIENT OCCUPANCY TAX BE SUBMITTED
TO THE VOTERS AT THE REGULAR MUNICIPAL ELECTION ON NOVEMBER 6,
2001
City Council Minutes
August 7, 2001
Page 7
The motion carried on the following roll call vote:
AYES:
Ferraro, Gardiner, McTaggart, and Mayor Lyon
NOES:
None
ABSENT:
Stern
Councilwoman Ferraro moved, seconded by Mayor Pro Tern McTaggart, to ADOPT
RESOLUTION NO. 2001 -561 AS AMENDED, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDERING THAT A
PROPOSITION RELATED TO THE CITY'S GOLF TAX BE SUBMITTED TO THE
VOTERS AT THE REGULAR MUNICIPAL ELECTION ON NOVEMBER 6, 2001.
The motion carried on the following roll call vote:
AYES:
Ferraro, Gardiner, McTaggart, and Mayor Lyon
NOES:
None
ABSENT:
Stern
Council discussion next centered on the additional resolutions to be adopted;
suggestions for clarification regarding the original dates and percentages of these
taxes; and, the lack of impact of Propositions 62 and 218 depending on when the taxes
were originally instituted.
Councilwoman Ferraro moved, seconded by Mayor Pro Tern McTaggart, to ADOPT
RESOLUTION NO. 2001 -571 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES PROVIDING FOR THE FILING OF REBUTTAL
ARGUMENTS FOR CITY MEASURES SUBMITTED AT THE NOVEMBER 6, 2001
GENERAL MUNICIPAL ELECTION.
The motion carried on the following roll call vote:
AYES:
Ferraro, Gardiner, McTaggart, and Mayor Lyon
NOES:
None
ABSENT:
Stern
Councilwoman Ferraro moved, seconded by Councilmember Gardiner to ADOPT
RESOLUTION NO. 2001 -58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES SETTING PRIORITIES FOR FILING WRITTEN
ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.
City Council Minutes
August 7, 2001
Page 8
The motion carried on the following roll call vote:
AYES: Ferraro, Gardiner, McTaggart, and Mayor Lyon
NOES: None
ABSENT: Stern
Councilwoman Ferraro moved, seconded by Mayor Pro Tern McTaggart to ADOPT
RESOLUTION NO. 2001 -59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES SETTING PRIORITIES FOR FILING WRITTEN
ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.
The motion carried on the following roll call vote:
AYES:
Ferraro, Gardiner, McTaggart, and Mayor Lyon
NOES:
None
ABSENT:
Stern
Ordinance No. 369 - Making Minor Amendments to the City's transient Occupancy
Tax
City Attorney Lynch presented the staff report of August 7, 2001 and the
recommendation to introduce the proposed Ordinance Amending Chapter 3.16.030 of
the Rancho Palos Verdes Municipal Code Relating to a Transient Occupancy Tax. She
described minor changes to update the code and said that an urgency ordinance was
not necessary.
Councilwoman Ferraro moved, seconded by Mayor Pro Tern McTaggart, to
INTRODUCE ORDINANCE NO. 369 AMENDING CHAPTER 3.16.030 OF THE
RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO A TRANSIENT
OCCUPANCY TAX.
The motion carried on the following roll call vote:
AYES:
Ferraro, Gardiner, McTaggart, and Mayor Lyon
NOES:
None
ABSENT:
Stern
Adoption of an Ordinance Making Minor Amendments to the City's Golf Tax
City Attorney Lynch recommended that this item be continued to a future Council
meeting.
City Council Minutes
August 7, 2001
Page 9
CITY COUNCIL REPORTS:
Councilmember Gardiner expressed appreciation to persons who gave their time to
assist him in gaining perspective; mentioned that he had meet with the Homeowners
Association Council; and, complimented the United States Naval Sea Cadets on their
flag ceremony.
Mayor Lyon reported on her League of California Cities monthly dinner meeting and
agreed it was good to have participation by the youth of the community.
Mayor Pro Tern McTaggart gave details of a meeting with Assemblymember Alan
Lowenthal at which a number of subjects of importance to the City were discussed.
ADJOURNMENT: Adjourned at 9:45 P.M. on motion of Mayor Lyon.
ATTEST:
CITY CLERK
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