CC MINS 20030819MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
AUGUST 19, 2003
The meeting was called to order at 7:02 p.m. by Mayor Stern at Fred Hesse Community
Park, 29301 Hawthorne Boulevard, Rancho Palos Verdes.
Roll call was answered as follows:
PRESENT: Clark, Gardiner, Ferraro, MCTaggart, and Mayor Stern
ABSENT: None
Also present were City Manager Les Evans; City Attorney Carol Lynch; Director of
Public Works Dean Allison; Director of Finance Dennis McLean; Deputy Planning
Director Gregory Pfost; Staff Coordinator Gina Park; City Clerk/Administrative Services
Director Jo Purcell; and, Minutes Secretary Debra Presutti.
Director Allison led the Pledge of Allegiance.
MAYOR'S ANNOUNCEMENT:
Mayor Stern made a brief announcement to inform the public that City ordinances and
public notices are now available on the City's website and can be located on the "News,
Information, and Other" link.
RECYCLE DRAWING:
David Yu and Vern Nagayama were chosen as recyclers of the month. Mayor Stern
congratulated the winners and thanked everyone who participates in the recycling
program.
APPROVAL OF AGENDA:
Mayor Stern requested that Item No. 13, the Agreement between the City and Ocean
Trails Regarding the Peer Review Board and Contracts with Peer Review Board
Members, be removed from the Agenda, stating he is not eager to approve such an
important agreement until the public has had ample opportunity to review and comment
on the matter and no agreement was included with the agenda package, nor was any
presented at the time of the meeting.
Mayor Stern requested that the Council add an item on an emergency basis that related
to the propriety of including personal re- election campaign information in the argument
submitted by Councilman McTaggart and Mayor pro tem Ferraro in opposition to the
term limits ballot initiative. Mayor Stern pointed out that the argument submitted by
Councilman McTaggart and Mayor pro tem Ferraro included reference to their individual
re- election campaign web site. Mayor Stern stated that he did not believe that the City
Council had authorized them to submit the arguments in opposition to the term limits
initiative so that they could direct the public to their individual campaign web sites.
Councilman McTaggart stated that he and Mayor pro tem Ferraro were agreeable to
withdrawing the reference to their individual campaign web sites, and replace it with a
reference to a web site that would not have any reference to, or links to their individual
re- election campaigns. The City Clerk will similarly include a reference in the pro term
limits ballot initiative argument to a web site that addresses that argument.
Based on the statements of Councilman McTaggart and Mayor pro tern Ferraro Mayor
Stern withdrew his request to agendize the matter.
Mayor pro tem Ferraro moved, seconded by Councilman McTaggart, to approve the
Agenda as amended. Motion carried.
APPROVAL OF CONSENT CALENDAR:
Mayor pro tem Ferraro moved, seconded by Councilman McTaggart, 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. (301)
Approved the minutes as amended of April 15 and July 15, 2003.
Councilman Gardiner, being absent from the April 15, 2003 meeting, abstained from
approval of those minutes.
Storm Drain System Master Plan Study Update —Award Of Professional Services
Agreement. (1405)
(1) Authorized the Mayor and the City Clerk to execute a Professional Services
Agreement for the Storm Drain System Master Plan Study with AKM Consulting
Engineers, for the not -to- exceed amount of $40,164; and (2) Authorized staff to expend
additional funds of $2,200 (-5 %) for additional services related to the Storm Drain
System Master Plan Study Update, for a total authorization of $42,172.
City Council Minutes
August 19, 2003
Page 2 of 11
Resol. No. 2003 -63: FY02 -03 Budget Adjustments. (602)
ADOPTED RESOLUTION NO. 2003 -63, AMENDING RESOLUTION 2002 -45, THE
BUDGET APPROPRIATION FOR FY02 -03, TO INCREASE BUDGETED
APPROPRIATIONS IN THE GENERAL FUND, STREET MAINTENANCE FUND AND
EQUIPMENT REPLACEMENT FUND.
Resol. Nos. 2003 -64 & 65: FY02 -03 Continuing City Appropriations. (602)
(1) ADOPTED RESOLUTION NO. 2003 -64, AMENDING RESOLUTION NO. 2003 -42,
THE BUDGET APPROPRIATION FOR FY03 -04, TO CONTINUE CERTAIN
EXPENDITURE APPROPRIATIONS FROM FY02 -03; and (2) ADOPTED
RESOLUTION NO. 2003 -65, AMENDING RESOLUTION NO. 2002 -45, THE BUDGET
APPROPRIATION FOR FY02 -03, TO REDUCE THE BUDGET FOR CONTINUING
APPROPRIATIONS THAT WILL BE RE- BUDGETED AND INCLUDED IN THE FY03-
04 BUDGET.
Ordinance No. 397: Regulating parking in areas where parking signs establish
restrictions. (1502)
ADOPTED ORDINANCE NO. 397 OF THE CITY OF RANCHO PALOS VERDES
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. (This ordinance was introduced at the August 5th meeting.)
Ordinance No. 398: Repealing City Manager Residence Requirement. (1101)
ADOPTED 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. (This ordinance was introduced at the August 5t" meeting.)
Resol. No. 2003 -66: Register of Demands.
ADOPTED RESOL. NO. 2003 -66, 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: McTaggart, Clark, Gardiner, Ferraro & Mayor Stern
NOES: None
ABSTAIN: Gardiner on the minutes of April 16, 2003.
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City Council Minutes
August 19, 2003
Page 3 of 11
PUBLIC HEARINGS:
Resol. No. 2003 -67: Conformance with the 2002 L.A. County Congestion
Management Program (CMP), and adoption of the 2003 Local Implementation
Report. (1505 x 1203)
Councilman Clark moved, seconded by Councilman Gardiner, to waive presentation of
the staff report. Motion carried without objection.
Mayor Stern opened the public hearing. There being no response to his call for public
testimony, he declared the public hearing closed.
Mayor pro tem Ferraro moved, seconded by Councilman McTaggart, to ADOPT
RESOLUTION NO. 2003 -67, ADOPTING THE CITY'S 2003 LOCAL
IMPLEMENTATION REPORT (LIR) AND SELF - CERTIFYING THE CITY'S
CONFORMANCE WITH THE 2002 CONGESTION MANAGEMENT PROGRAM (CMP)
FOR LOS ANGELES COUNTY. Motion carried without objection.
Resol. Nos. 2003 -68 & 69: Agreement To Exchange Community Development
Block Grant (CDBG) Funds For FY 2003 -2004. (601)
Director Allison presented the staff memorandum of August 19, 2003 and
recommended the following: (1) Conduct a public hearing to receive citizen input on the
exchange of Community Development Block Grant (CDBG) Funds between the City of
Rancho Palos Verdes and the City of West Hollywood for Fiscal Year 2003 -2004; (2)
Approve the exchange of $400,000 from the City of Rancho Palos Verdes' Community
Development Block Grant (CDBG) allocation for $230,000 in General Funds from the
City of West Hollywood; (3) ADOPT RESOLUTION NO. 2003 -68, APPROVING AND
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF RANCHO PALOS
VERDES AND THE CITY OF WEST HOLLYWOOD REGARDING THE TRANSFER
OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FY 2003 -2004; (4)
ADOPT RESOLUTION NO. 2003 -699 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2003 -429
THE BUDGET APPROPRIATION FOR FISCAL YEAR 2003 -04, FOR A BUDGET
ADJUSTMENT TO THE CITY'S GENERAL FUND; AND (5) Authorize the City Manager
and City Clerk to execute the Agreement with the City of West Hollywood.
The public hearing was opened by Mayor Stern. There being no response to his call for
public testimony, he declared the public hearing closed.
Mayor pro tem Ferraro commended Director Allison for orchestrating the mutually
beneficial agreement with the City of West Hollywood, saying it is very difficult to
coordinate this type of financial transaction.
City Council Minutes
August 19, 2003
Page 4 of 11
Councilman Clark and City Manager Evans clarified the City's position of having to sell
these funds by explaining that money was being amassed for the Alta Mira Canyon
project, a very large project which the City later decided not to pursue. A large amount
of money had been accumulated for the project and, subsequently, the governing rules
for the accretion of these funds changed, necessitating the sale.
Mayor pro tem Ferraro moved, seconded by Councilman Clark, to approve staff
recommendations. The motion carried on the following roll call vote:
AYES: Ferraro, Clark, McTaggart, Gardiner and Mayor Stern
NOES: None
Resol. Nos. 2003 -70 & 71: Ocean Trails Clubhouse Modifications - Conditional
Use Permit No. 163, Revision "T." (1411)
Mayor Stern declared the public hearing open.
Deputy Director Pfost presented the staff memorandum of August 19, 2003 and
recommended ADOPTING (1) RESOLUTION NO. 2003 -70, APPROVING ADDENDUM
NO. 15 TO ENVIRONMENTAL IMPACT REPORT 36 FOR REVISION "T"; AND (2)
RESOLUTION NO. 2003 -71, APPROVING REVISION "T", AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 163 FOR AN EXPANSION OF THE CLUBHOUSE
BUILDING.
Mayor Stern indicated that if the modifications create any problem in terms of noise, the
issue can be addressed in the future. He questioned what, if any, impact the relocation
of the golf cart path might have on the surrounding City park property.
Mr. Pfost replied that the proposed cart path would not take up any more useful park
space than it currently occupies and noted that the proposed path will have the added
benefit of providing access from the park to the public rest rooms.
Councilman Clark commented that the proposed 7500 square foot addition does not
include any provision for additional rest rooms and queried what would trigger the
necessity for adding rest room facilities.
Mr. Pfost clarified that rest room requirements are based on occupancy levels and that
the issue would be looked into prior to the actual revisions.
Tammy Lon worth, Rancho Palos Verdes, commented that the view from Ocean
Terrace is beautiful, the project is right on schedule, and the Trump Organization is
doing exactly what they said they would. She congratulated the City Council and
Deputy Director Pfost for the time and effort they have taken to ascertain that no
negative impacts would result from the clubhouse revisions. She reiterated her support
for the project.
City Council Minutes
August 19, 2003
Page 5 of 11
Herman Hagen, Rancho Palos Verdes, encouraged the Council to move ahead with the
project as quickly as possible and remarked that the Trump Organization is putting
together a world -class facility.
Vincent Stellio, Executive Vice President of the Trump Organization, introduced
attending members of the project including Luis DeMoraes, Architect; Jeff Kaplinski,
Senior Construction Manager; and Craig Simandl, General Manager. He indicated that
many of the revisions currently being proposed were included in the original owners'
plans and are now being undertaken to improve the building design, articulation, and
facade, as well as to provide additional services, such as a cafe, restaurant, and spa,
for the enjoyment of golfers, park visitors, and the general public. He stated that
increasing the terrace area will maximize the magnificent view and will provide an area
for patrons to unwind. He added that the use of complimentary valet parking will allow
more efficient management of the parking areas and provide additional on -site parking
if necessary.
Mr. Stellio explained that capping the chimneys would protect the flumes from water
infiltration, which, overtime, can weaken their integrity and cause future deterioration
problems. He indicated that the height of the chimney caps are below the allowed limits
of the building and create no view obstructions, something the Trump Organization has
been sensitive to throughout the development of the project.
Mr. Stellio requested substitution of the word "increase" for the word "change" on Page
8 of the Revision "T" /Clubhouse Expansion, which would then read, "Any increase to
the size of the structure shall require...," saying this would allow the project to move
forward without the need to come before Council for approval of any minor reductions
which may be deemed necessary for structural or engineering purposes.
Councilman Clark commented that the Trump Organization is proposing a quality
addition to the facility, which will benefit both golfers and the general public.
Mayor pro tem Ferraro added that it will be a very nice improvement and will most likely
become a very popular spot for the local community.
Councilman McTaggart noted that the structure is visually very pleasing and will provide
aesthetic appeal to people visiting the park as well as those using the facility.
Mayor Stern commended the Trump Organization for their thoughtfulness and effort in
maximizing this resource for the benefit of all.
Councilman McTaggart moved, seconded by Mayor pro tem Ferraro, to approve the
staff recommendation and the amended wording. Motion carried without objection.
City Council Minutes
August 19, 2003
Page 6 of 11
REGULAR BUSINESS:
Ocean Trails - Review of the Water Control Plan for the Residential Portion of
Tract No. 50667. (1411)
Deputy Director Pfost presented the staff memorandum of August 19, 2003 and
recommended approving the Ocean Trails' Interim Operations and Maintenance
Manual for Water Control, Groundwater Monitoring, and Ground Movement Monitoring
Facilities for the Residential Portion of Tract No. 50667 only.
Councilman McTaggart stressed the importance of inspecting foundation subdrains to
ascertain that they are properly connected to the street.
Mayor pro tem Ferraro inquired whether there are monitoring stations in the area that
would be able to detect something such as the breakage of an underground pipe.
Mark Schluter, Senior Engineering Geologist for Converse Consultants, explained that
the soils in the area are very clayey and, therefore, have a very low permeability. He
stated that because of the soil composition, in the event of a pipeline break near the
surface, the water would rise up to the surface rather than infiltrate the ground.
City Attorney Lynch advised changing the word "should," which is used in numerous
places throughout the Water Control Plan document, to the word "shall" so that people
purchasing the lots will understand that the delineated items are obligations not merely
recommendations.
Councilman Clark moved, seconded by Councilman Gardiner, to approve the staff
recommendation and the amended wording. Motion carried without objection.
Recess and Reconvene: Mayor Stern recessed the meeting at 8:19 p.m. and
reconvened the meeting at 8:30 p.m.
CITY COUNCIL ORAL REPORTS
Mayor pro tem Ferraro reminded everyone of the barbecue /picnic at City Hall on
September 6th to commemorate the City's 30th anniversary. She also indicated that
invitations would be going out to all of the home owners' associations, committee
members, commissioners, and community leaders for the dinner /dance at the Los
Verdes Country Club on October 17th, adding that the event is for all City residents and
anyone interested in receiving an invitation should contact Holly at City Hall. She stated
that the maximum capacity is 250 to 300 and advised everyone to make their
reservations early. In conclusion she mentioned that the videos that were produced for
the City's 25th anniversary celebration, which contain some wonderful interviews with
the founding members of the community, are once again available for purchase at City
Hall.
City Council Minutes
August 19, 2003
Page 7 of 11
Councilman Clark indicated that, since he was away on business, City Manager Evans
attended the L.A. Division of the California League of Cities meeting and presented
Gary Coleman, the outgoing Executive Director, with a letter of appreciation from the
Council.
Councilman McTaggart attended a Steering Committee meeting on August 6th where a
number of projects were discussed, one being Operation Jump Start which is just being
implemented to help provide jobs in California and help eradicate some of the State's
deficit. He also attended the LAX Community Round Table meeting to discuss noise
issues related to changing flight paths and increased air traffic due to different runway
configurations.
Councilman McTaggart attended an MTA South Bay Governance Council meeting on
August 8th where a presentation was made by the Home Depot. He indicated there is a
strong possibility that the 225 and 226 bus routes will be removed sometime in October
and that efforts are being made to safeguard them at least during peak weekday
boarding times when many school children and others ride the bus. He indicated that a
hearing will take place on September 9th at 6:00 p.m. in Carson and urged people to
attend to help preserve bus transportation in the community. He said that a meeting
was held on August 12th with a number of other transit operators to discuss meeting the
needs of transit dependent people on the Peninsula.
On August 13th Councilman McTaggart attended another LAX Round Table meeting
and a short meeting of the Vector District Board on August 14th.
PUBLIC COMMENTS
Lois Larue, Rancho Palos Verdes, expressed reservations over the implications of term
limits and concerns over the proposed Long Point project.
Resol. No. 2003 -72: CALPERS Health Insurance. (1202)
City Manager Evans presented the staff memorandum of August 19, 2003 and
recommended ADOPTION OF RESOLUTION NO. 2003 -72, ELECTING TO CEASE
TO BE SUBJECT TO THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE
ACT.
Councilman Gardiner inquired what the consensus among the City employees is and if
there would be a gap in coverage as a result of the proposed change. He also queried
what would occur if, as a result of the decrease in employees' costs, they elect to
upgrade their plans.
City Manager Evans responded that no employees have opposed the proposal and that
there would be no lapse in coverage. He added that even if employees elect to improve
City Council Minutes
August 19, 2003
Page 8 of 11
their coverage, the City would still be paying less than the current rate.
Mayor Stern expressed support, saying this option provides a cost - saving opportunity
for the City as well as its employees.
Mayor pro tem Ferraro moved, seconded by Councilman McTaggart, to approve the
staff recommendation. Motion carried without objection
Resol. No. 2003 -73: Employee Participation In CALPERS Service Credit Purchase
Plan. (1202)
Coordinator Park presented the staff memorandum of August 19, 2003 and
recommended the ADOPTION OF RESOLUTION NO. 2003 -73, AUTHORIZING THE
PARTICIPATION IN THE PAYROLL DEDUCTION PLAN FOR EMPLOYEES
DESIRING TO PURCHASE CALPERS SERVICE CREDIT.
Councilman Clark moved, seconded by Councilman McTaggart, to approve staff
recommendation. Motion carried without objection.
SB 196 (Kuehl) California Regional Water Quality Control Board Membership.
(306)
City Manager Evans presented the staff memorandum of August 19, 2003 and
recommended authorizing the Mayor to send a letter of support for increasing
representation of cities and counties on the California Regional Water Quality Control
Boards.
Mayor pro tem Ferraro indicated that the legislation as currently proposed states that
appointees must be "associated with the City," whereas the new bill would require that
appointees are elected officials of the City -- a mayor, mayor pro tem, or council
member. She commented that this legislation is an attempt to provide the body with a
common sense framework and noted that the Sanitation District and the League of
California Cities recommend support.
Mayor pro tem Ferraro moved, seconded by Councilman McTaggart, to approve the
recommendation. Motion carried without objection.
Metropolitan Transit Authority Service Changes. (306 X 1505)
Councilman McTaggart stressed the importance of maintaining public transportation on
the Peninsula and summarized the August 19, 2003 memorandum, recommending
Council (1) Send a letter of support for transferring MTA service along Routes 225 and
226 to other local transit agencies, and (2) Advertise public hearing on the
discontinuance of this service to be held in the City of Carson on September 6th at
City Council Minutes
August 19, 2003
Page 9 of 11
6:30 p.m.
Councilman McTaggart moved, seconded by Councilman Clark, to approve the
recommendation. Motion carried without objection.
Air Resources Board Proposed Diesel Truck Rule. (306)
Councilman McTaggart presented the August 19, 2003 memorandum and
recommended authorizing the Mayor to sign the letter drafted by the Public Works
Department and send to the Air Resources Board (ARB) opposing the proposed ruling
effecting diesel trash trucks.
Mayor Stern stated that everyone is in favor of improving air quality but that cities
should not be put in the position of enforcing air quality regulations. He said he
believes it is reasonable for cities to have only the limited role of providing information
on their contracted vendors to the appropriate State agency thereby allowing the
agency to deal with the regulation and enforcement issues. Mayor Stern presented an
alternative proposed letter for the City Council to use, which contained the thoughts he
had expressed.
Councilman McTaggart stated that he agreed with the alternative letter proposed by
Mayor Stern.
Mayor pro tem Ferraro moved, seconded by Councilman McTaggart, to approve the
recommendation using the letter submitted by Mayor Stern. Motion carried without
objection.
Sage House And Salvation Army. (306)
In presenting the memorandum of August 19, 2003, Councilman Gardiner noted that
the Sage House is providing a tremendously valuable service to the community and
recommended Approval of a letter of support for Sage House and the Salvation Army
and requested that the Board of Supervisors give the CUP for the new home of the
Sage House every consideration.
Councilmen McTaggart agreed, adding that it is a wonderful facility, and suggested that
all Council members sign the letter.
Lois Larue, Rancho Palos Verdes, noted that the Salvation Army is a religious
organization, expressed concern over the separation of church and state, and
encouraged the Council to take no action in the matter.
Mayor Stern responded that the Sage House is an adult day care facility not a church or
religious organization and that Council is supporting that aspect only, which has nothing
to do with religion.
City Council Minutes
August 19, 2003
Page 10 of 11
Mayor pro tem Ferraro and Councilman Clark agreed and stated that the Sage House
certainly serves a need in the community.
0
Councilman Gardiner moved, seconded by Councilman McTaggart, to approve the
recommendation and that the letter by signed by the entire Council. Motion carried
without objection.
ADJOURNMENT: At 9:19 p.m. the City Council meeting was formally adjourned on
motion of Mayor Pro Tern Ferraro. r....� n
Attest:
City Clerk
City Council Minutes
August 19, 2003
Page 11 of 11