CC MINS 20031105MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
NOVEMBER 5, 2003
The meeting was called to order at 6:00 P.M. by Mayor Stern at Fred Hesse Community
Park, 29301 Hawthorne Boulevard, and was immediately recessed to a closed session
per the Brown Act Checklist. At 7:03 P.M., the meeting reconvened.
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 Greg Pfost; Senior Planner Kit Fox; City Clerk/Administrative Services Director
Jo Purcell; and Recording Secretary Denise Bothe.
Councilman Gardiner led the flag salute.
MAYOR'S ANNOUNCEMENTS:
Mayor Stern commented on the November 4th City election; noted his appreciation for
everyone who ran for a position to serve on the City Council; and congratulated Tom
Long and Steve Wolowicz on their victories.
Councilman McTaggart and Mayor pro tem Ferraro echoed Mayor Stern's comments;
congratulated Mayor Stern on his re- election; and expressed best wishes to the
incoming Councilmembers.
Councilman Clark thanked Mayor pro tem Ferraro and Councilmember McTaggart for
their comments.
Mayor Stern highlighted the upcoming number of Commission /Committee positions that
will be appointed to the Planning Commission, Traffic Committee, Finance Advisory
Committee, and the Equestrian Committee; and gave a brief description of what these
bodies are responsible for and when they meet. He advised that the applications for
these positions may be downloaded from the City's website.
RECYCLE DRAWING:
Mayor Stern announced the recycle winner for the month of October, Hilde Aberle, who
will receive a check for $250, which represented a year of free refuse service. He
encouraged everyone to recycle.
APPROVAL O F AGENDA
Mayor pro tem Ferraro moved, seconded by Councilman McTaggart, to approve the
Agenda as submitted. Without object, Mayor Stern so ordered.
APPROVAL OF CONSENT CALENDAR
Councilman Clark asked that Bob Nelson's comments be further expounded upon on
page 6 of the Minutes and stated that the third paragraph on page 12 should reflect
"L.A. League Division Board of Directors Subcommittee."
Councilman McTaggart moved, seconded by Mayor pro tem Ferraro, to approve the
Consent Calendar as amended.
The motion to approve the amended Consent Calendar carried as follows:
AYES:
Clark, Ferraro, Gardiner, McTaggart, and Mayor Stern
NOES:
None
ABSTAIN:
Ferraro (October 7, 2003 Minutes)
ABSENT:
None
Motion to Waive Full Reading.
Adopted a motion to waive reading in full of all ordinances presented at this meeting
with consent of the waiver of reading deemed to be given by all Council Members after
the reading of the title.
Minutes of October 7, 2003. (301)
Approved the Minutes as amended.
ACLAD and Ridgecrest Rec. &Park District: Appointment of Members. (106 x
2000 x 1201)
Made the following appointments to two of the City's special districts: (1) Abalone Cove
Landslide Abatement District: Sharon Nolan, Neil Siegel and Emily Vaughan, each for a
four -year term of office until September 2007; and (2) Ridgecrest Recreation and Park
District: Appoint Endsley Collett and Julie Sulman to a full four -year term until December
2007; and, appoint Susan Anderson to serve out the unexpired term that she was
appointed to last year. Said term of office will be until December 2005.
September 2003 Treasurer's Report. (602)
Received and filed the September 2003 Treasurer's Report.
City Council Minutes
November 5, 2003
Page 2 of 16
Claim against the City by Joseph Pelezzare. (303)
Rejected the claim and directed staff to notify the claimant.
Resol. No. 2003 -89: Register of Demands.
ADOPTED RESOL. NO. 2003 -89, 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 HEARINGS:
Resol. Nos. 2003 -90 and 91: Ocean Trails Clubhouse Modifications - Conditional
Use Permit No. 163, Revision "U." (1411)
Deputy Planning Director Pfost presented staff report and the recommendation to
ADOPT (1) RESOLUTION NO. 2003 -90, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES APPROVING ADDENDUM NO. 16 TO
ENVIRONMENTAL IMPACT REPORT 36 FOR REVISION "U "; and (2) ADOPT
RESOLUTION NO. 2003 -91, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES APPROVING REVISION "U", AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 163 FOR AN EXPANSION OF THE CLUBHOUSE
BUILDING.
Councilman Clark asked for more clarification regarding the changes that were required
by the Coastal Commission versus those proposed by the applicant.
Deputy Director Pfost explained that the Coastal Commission is requiring additional
area or a balcony area for better public access, providing not only access from the front
of the clubhouse, but also from the parking lot area.
Vinnie Stellio, Trump Organization representative, expressed his belief that the Coastal
Commission was concerned with the improvements as one gets closer to Ocean Trails
Park — noting that if someone wanted to access the terrace area from the park, they
would have had to walk completely around and go through the building; and stated that
this new improvement will be more suitable by making the connection to this existing
elevated patio, giving continuity of the entire terrace area and more access for the
general public. He explained that the 25 -foot expansion on the patio area was not
correctly reflected on the plans, but that those plans now correctly reflect the 25 -foot
expansion on both sides; and advised that the Coastal Commission is comfortable with
the plans and that the Coastal Commission believes the applicant has met all the needs
for park access.
City Council Minutes
November 5, 2003
Page 3 of 16
Councilman Clark questioned when the applicant would expect to present the plans for
the clubhouse to the Coastal Commission.
Mr. Stellio noted for Councilman Clark that they possibly will be scheduled on the
December agenda for the Coastal Commission; explained that the timing will depend on
the final submission of the report from the Coastal Commission's biologist; stated that
they are almost complete with the drain work on the 3 holes; and that once the drain
project is complete, they will begin with the irrigation, finish the grading work and then
start with laying grass. He stated that they are awaiting City staff approval on the lake
design; noted that if every project continues to move forward, the course work should be
completed by January or March 2004, with the exception of the water features. Mr.
Stellio stated that they are focusing now on Hole 18 because it is not interfering with any
other holes at this time; and he noted his expectation to be completely finished with the
course by June 2004.
In response to Councilman Clark's inquiry regarding the Coastal Commission's opinion
on the proposed water features, Mr. Stellio stated that the Coastal Commission has not
made any negative nor positive remarks with regard to the proposed water features.
Sunshine, 6 Limetree Lane, expressed her belief that more shade trees should be
placed on this site for those using the trails and that restroom access should be
improved so that those using the trails do not have to go through the interior of the
building.
Mr. Stellio noted for Sunshine that tables with umbrellas will be placed on site;
explained that the public can already easily access the restrooms without having to
enter the building — noting that an individual using the park or the trails can access the
restrooms from the parking lot; and stated that once the park project is complete, all the
directional signage will be in place. With the aid of conceptual drawings, Mr. Stellio
gave a brief overview of the homes that will be built, including the ideas for lot layouts,
square footage, and home designs. He noted for Councilman Clark that these homes
will most likely cost over $1.5 million and stated that he would like to start the home
projects this January.
Mayor Stern requested that the conceptual drawings /plans be placed in the lobby of
Hesse Park for the public to review.
Mayor pro tem Ferraro moved, seconded by Councilman McTaggart, to approve staff
recommendation. There being no objection, Mayor Stern so ordered.
REGULAR BUSINESS:
Presentation from the Chairman of the Emergency Preparedness Committee.
(401)
The staff report recommended that the Council receive the oral report from the
Chairman of the Emergency Preparedness Committee.
Jack Karp, Chairman of the Emergency Preparedness Committee, stated that on
October 18th, the Committee held its first joint emergency preparedness drill; stated that
the Committee worked with the PERT /CERT Sheriff and Fire Department personnel in
this integrated drill — pointing out that the intent of the drill was to test the City's
readiness in the event of an emergency or disaster. He was pleased to advise that this
City is very well prepared. He explained that the Committee had determined the most
likely events that could happen in this City, such as an earthquake, brush fire, or
airplane crash. He noted that the drill exercise was set up to test several things: the
City's opening and operating of an emergency operations center, which was a practice
drill in how to function during an emergency. He indicated that the Committee was in
contact with the Sheriffs EOC offices; that the Committee also wanted to test how well
its members responded and, therefore, activated a phone tree. He mentioned that 54
volunteers showed up on Saturday morning to participate in the drill.
Mr. Karp commented on the various tasks which were undertaken, such as fire
suppression; light search and rescue activity, where victims were set up at multiple
locations; assertiveness training; heavy lifting training; extraction; and triage center. He
noted that a surprise fake heart attack was thrown in, which caused the participants to
reallocate its resources. He mentioned that this exercise also integrated with the Palos
Verdes Estates teams and noted that everyone worked very well together. He
highlighted the concept for everyone to be prepared, to be self- sustaining for a minimum
of 72 hours, which included shelter, food, water, medicines, sanitary supplies, diapers.
He reminded everyone to never wait to the last minute to have their prescriptions filled;
and explained that PERT /CERT members are trained to take care of themselves, their
family members, their neighborhood and then to report for further duty in their
community. He pointed out that one of the greatest needs was for people who could
write legibly — noting that many things had to be tracked.
Mr. Karp highlighted the fact that people who train together work well together in the
event of disasters; and stated that part of the Committee's mission is to convince this
community that there are trained volunteers, civilians, as well as fire and Sheriff's
departments to help out in case of an emergency on the peninsula. He advised that the
Committee will be putting together a website, trying to integrate with the Neighborhood
Watch Program that is also developing its own program. On behalf of the Committee,
Mr. Karp expressed his thanks and appreciation for everyone who played a part in
making this drill happen.
Responding to Councilman Clark's inquiry regarding the Committee's next step, Mr.
Karp stated that the next step will be to get the website going and to get residents
prepared for an emergency.
The City Council thanked Mr. Karp for his excellent presentation.
City Council Minutes
November 5, 2003
Page 5 of 16
Authorization for California Water Service Company to File a Conditional Use
Permit Application for a Mobile Radio Antenna at City Hall. (1601 x 1801 x 1804)
Assistant City Manager Petru presented the staff report and the recommendation to (1)
Authorize the City Manager to sign the Conditional Use Permit application to allow
California Water Service Company to seek approval for a mobile radio antenna facility
at City Hall; (2) Consider whether to waive all or part of the application or penalty fees
associated with the after - the -fact permit applications; and, (3) Provide staff with
direction regarding whether to charge a lease amount for the proposed use of City
property.
Assistant City Manager Petru noted that the penalty to the California Water Service
Company would be due because it is an after - the -fact situation, the same type penalty
that would be applied to a resident who undertook a project without benefit of the proper
paperwork.
Mayor Stern questioned if there would be any reason for the City to waive the penalty in
this case and questioned what, if any, standards would be considered for waiving a
penalty fee.
Councilman Clark mentioned that from time to time, the City Council has waived a
penalty fee after the fact for a reasonable circumstance and explanation brought
forward during the hearing of an item; and he questioned why the subcontractor started
this project without approval.
Assistant City Manager Petru concurred with Mayor pro tem Ferraro's statement that
the waiving of a penalty fee would be considered on a case -by -case basis.
City Manager Evans explained that several years ago the District Manager of California
Water Service Company, Mr. Jensen, asked him if there was a place to put an antenna
on top of the City Hall building; and stated that he advised Mr. Jensen at that time that
he thought it would be an agreeable proposal, but noted that this communication must
have been misunderstood as being permission to go ahead with the project.
Councilman McTaggart suggested that consideration be given to conditioning the
removal of the penalty fee with the removal of the unsightly pressure- reducing valve at
the turnout on Palos Verdes Drive.
Ross Moilan, Assistant District Manager for California Water Service, Rancho
Dominguez District, noted for Councilman McTaggart that that particular valve is not the
property of his company but that of Ocean Trails.
Councilman McTaggart suggested that the issue of the aesthetics of that valve be
brought to the attention of Mr. Stellio.
City Council Minutes
November 5, 2003
Page 6 of 16
Councilman Gardiner noted that the City Council had requested about a year ago that
California Water Service Company submit to the City Council a report concerning the
department's plans to meet future demands.
Mr. Moilan stated that a water demand study had been conducted a few years ago for
the entire Palos Verdes Peninsula in terms of citing future projections and what the
company would need to do to meet those water demands.
Councilman McTaggart commented on the residents' complaints with water pressure
when the irrigation is being turned on at Ocean Trials.
Mr. Moilan advised that there are a few issues with the water pressure around the
Ocean Trails area; and stated that they have hired the Clay Valve Company to study the
condition and make adjustments.
Pete Akhotnikoff, representative from California Water Service Company, explained that
Ocean Trails is using so much water that it creates a surge in the water system, causing
a hammering effect that goes back up the hill and creates a surge on the pressure
regulator valves; and noted that Clay Valve is providing its expertise on how best to
calm these surges down with the valves, a process that is currently underway. He
noted that consideration is being given to possibly adding additional storage capacity for
that part of the peninsula.
Mr. Akhotnikoff mentioned that California Water Service Company and Ocean Trails is
working with West Basin to provide recycled water for its irrigation needs, but noted that
this is only in the planning stage at the moment.
Mr. Moilan noted that if recycled water was used for irrigation purposes at Ocean Trails,
it would solve a lot of the hammering problems on the hill; advised that his company will
continue to work on the existing system with Clay Valve; and noted that some
adjustments have already been made to improve these problems. He mentioned that
they are also working with Ocean Trails to limit the times they use this water to
decrease the impact to the residents.
Mr. Akhotnikoff pointed out that as this area grows in population, it creates more of a
demand on this older system; and noted the project phasing that is taking place to
update the entire system.
Mr. Moilan stated that some plans for the improvements have been presented to the
City for approval and that additional information can be provided to the City. He noted
that the study that was conducted concerning the existing and potential future water
demands for the entire Palos Verdes peninsula needs to be fine -tuned before they
present it to any peninsula city; and stated that the report identifies areas that may be
needing additional feed and also identifies areas that may be meeting current demands
but are having difficulty meeting those demands at peak hours. Mr. Moilan noted his
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November 5, 2003
Page 7 of 16
expectation to present this report to the peninsula cities within the next couple of
months.
Councilman Clark asked that the City's website include an understandable
description /explanation of this water flow problem that impacts the residents on the east
side and that it also include what is being done to solve the problem.
Councilman Gardiner suggested that this matter be continued until the requested water
study report has been provided.
Councilman Gardiner moved, seconded by Councilman Clark, to continue this item until
such time that California Water Service Company has submitted its report concerning
the existing and potential future water demands in this area; and that the City's website
include an explanation of this problem and plans to solve this condition. There being no
objection, Mayor Stern so ordered.
Mr. Moilan explained that the antennas would be placed at this site on the hill for
purposes of improving the communications for the entire Rancho Dominguez Water
District operations. He noted that this has been a necessary project for the past two
years. He stated that the gaps in communication coverage are primarily on this hill
because of its unique terrain and that this is the final phase of the project. Mr. Moilan
reiterated that the company is still working on this report and noted that he will also
provide the reasons for why the submittal of this report has taken this long.
Councilman Clark requested that staff work with California Water Service Company on
providing the comprehensive description for the website and the steps that are being
taken to take care of the problem.
RECESS AND RECONVENE
Mayor Stern recessed the meeting at 8:39 P.M. and reconvened the meeting at 8:50
P.M.
CITY COUNCIL ORAL REPORTS:
Mayor Stern stated that on October 23rd, he attended the City Selection Committee
meeting at the Redondo Beach City Hall; explained that the attendees had tried to
appoint a representative to the South Coast Air Quality Management District
(SCAQMD); and commented on the dysfunctional method for appointing an individual to
this body. He explained that in order to select a representative, the candidate had to
receive a majority vote of both the cities (each city casting one vote) and a majority by
population. Since Los Angeles had a majority of the population, it effectively had a veto
preventing any city other than Los Angeles from serving as the representative. He
noted that there have been some efforts on the legislative front to modify this voting
situation, but stated that there was basically a stalemate at this meeting — pointing out
that L.A. once again has its representative. He mentioned that since 1989, when the
City Council Minutes
November 5, 2003
Page 8 of 16
system was set up, L.A. has been the representative every year and that the smaller
cities believe they are being left out of this system.
Councilman Clark explained that the L.A. League Division Board of Directors appointed
a subcommittee to focus on the filling of the vacancy for the western region and to
continue the momentum towards a permanent solution, especially changing the statute
that is in place, so that the City of Los Angeles gets its own seat on the SCAQMD; and
that the rest of the 24 western region cities has at least one seat. He noted that the City
of Santa Monica has proposed a regrouping of the cities into a more understandable set
of regions and additional representation for some of the eastern counties, Riverside and
San Bernardino. He advised that there was a subcommittee teleconference yesterday;
stated that he will report tomorrow night at the monthly meeting of the Leagues' Policy
Board of Directors and the General Dinner meeting on where this issue stands. He
stated that although Jan Perry has been selected for the current vacancy, there is going
to be continued pursuit for legislative change early in the new term, in January, to
correct this structure flaw.
Mayor Stern stated that on October 25th, he attended the grand re- opening of Golden
Cove, along with Mayor pro tem Ferraro and Councilman McTaggart; stated that it was
a nice event; and he expressed best wishes on its success.
Mayor Stern stated that last Friday, he attended the court hearing on the Monk's lawsuit
dealing with Zone 2 in the Landslide Moratorium area; noted that the judge ruled in the
City's favor; and he congratulated the City Attorney's Office for its victory. He
mentioned that this matter is likely to be appealed.
Mayor pro tem Ferraro expressed her pleasure with attending the Golden Cove grand
re- opening; and wished them success. Mayor pro tem Ferraro stated that she attended
the Rotary luncheon and the Chamber of Commerce meeting, wherein she gave a
speech on the State of the City. She added that she attended the P.V. Transit Board
meeting and noted that they are continuing to use the City Hall site to store their buses
due to the bus strike.
With regard to the Cable Committee, Councilman Gardiner advised that there are
ongoing negotiations to provide programming on Channel 33.
Councilman Clark commented on the success and pleasure of the City's 30th
Anniversary celebrations; complimented the Committee for its organization of the
events; and expressed his appreciation of Mayor Stern, Mayor pro tem Ferraro, Carolyn
Petru, Holly Starr, and the entire volunteer resident community for this fine celebration.
He stated that on Monday night, he accompanied City Manager Evans, City Attorney
Lynch, and Senior Planner Mihranian to the La Canada Flintridge City Council meeting
to present this City's Neighborhood Compatibility Initiative, the handbook, to discuss the
process that evolved through the subcommittee over a year's effort, and to provide a
comprehensive overview of neighborhood compatibility for this community in terms of
what this City has moved ahead on. He stated that they were very interested in this
City Council Minutes
November 5, 2003
Page 9 of 16
topic; and noted that they had been given 15 minutes to provide this presentation, but
that the interesting dialogue went on for an hour. Councilman Clark stated that they
complimented this City for its presentation and noted that they are considering pursuing
a similar program. He commended Senior Planner Mihranian for his comprehensive
presentation. He highlighted the City's ability, through its external relationships in
associations, to collaborate and share good ideas with other communities.
City Manager Evans stated that Councilman Clark did an outstanding job on his
presentation of this item.
Councilman McTaggart thanked and commended all those who helped him on his
campaign; and he urged every resident to dispose of the campaign signs in a
responsible manner.
Councilman McTaggart stated that on October 22nd, he attended the LAX Roundtable
meeting to finalize the group's comments on the LAX expansion; and noted that a copy
of the report will soon be provided to this City. He stated that on October-23rd, he
attended the Aviation Issues Committee meeting to present the LAX expansion report;
and stated that he attended the Golden Cove grand re- opening on October 25th _
expressing his thanks and appreciation for the help Mr. and Mrs. Woods provided to the
youth of this community. He stated that on October 30th, he attended the COG
workshop on the vision of what L.A. and the region might look like in 2030, noting that
this was a great exercise to participate in. He stated that today, he attended the
Norwalk Liability Trust Fund Oversight Committee meeting, advising that it has a mid -
$20 million surplus.
PUBLIC COMMENT:
Pt. Vicente Living History Museum Presentation. (1203 x 1201)
Vic Quirarte, president of Los Serenos Point Vicente, stated that Joan Barry would be
providing a brief overview of what the docents have planned for Lower Point Vicente.
With the aid of a Power Point presentation, Joan Barry provided a presentation on
behalf of the Los Serenos Point Vicente Docents for the proposed outdoor living history
museum at the Interpretive Center. She explained that this unique piece of land
surrounding the Interpretive Center will be used as an outdoor natural laboratory, an
extension of the Interpretive Center; stated that the outdoor history museum concept
would allow a visitor the opportunity to experience life as it was on this peninsula
throughout the centuries; noted that one would be able to walk through an Indian
gathering area; participate in an archeological find; study dry farming techniques on this
site; wander through the trails of the natural habitat; catch a glimpse of the wildlife in the
area; and touch the rocks, fossils and crystals that have been a part of the peninsula for
millions of years.
City Council Minutes
November 5, 2003
Page 10 of 16
Ms. Barry noted that the existing farm at Point Vicente is the last original farm on the
hill; and stated that Mr. Hatano, the farmer, has indicated that he will share his heritage
and assist in explaining dry farming methods that have been so important to this area.
She noted that there will be periodic lectures, seasonal festivals, school tours, Japanese
and Indian heritage displays, native plants and bushes that will be labeled, crafts and
games, and plans to integrate the 6th grade Palos Verdes School District geology
studies with this program. She noted that the trails will connect with others on the hill;
that a grassy area will allow for picnics, family gatherings, and Shakespeare by the Sea
activities. She noted that these historical elements are tied to this particular piece of
land; and concluded that all of these ideas are low on cost and maintenance.
Councilman Gardiner complimented Ms. Barry for her clear presentation and stated that
he is impressed with the plans for the living history museum, which is unique to this
particular property.
Councilman Clark urged that this presentation be given to the entire Open Space and
Recreation Task Force prior to the Task Force's status report coming before the City
Council in December.
In response to Councilman Clark's request, Ms. Barry noted her intent to provide this
presentation to the entire Task Force prior to the City Council's review of the Task Force
status report.
Lois Larue, 3136 Barkentine Road, asked that a future agenda include an item to
discuss placing on the agenda face wording that the City Council must also abide by the
same rules of orderly conduct as those of the audience members; and she provided
some brief clarification on the Indian tribes that used to live on the peninsula.
Coolheights Trail &Easement. (450 x 1203)
Joan Ortolano, 3776 Coolheights Drive, congratulated Mayor Stern on his re- election,
thanked Mayor pro tem Ferraro and Councilman McTaggart for their many years of
service to the City; and expressed best wishes to Tom Long and Steve Wolowicz on
their victory.
Ms. Ortolano commented on her family's intent and desire to donate to the City part of
their property for the construction of a cul -de -sac; and stated that because of concerns
with the inaccuracy of the City's legal land descriptions for these properties, she has
spent $2,500 to obtain accurate legal property descriptions. She commented on the
inequity that her family has had to pay for these services; and stated that her family is
more than willing to donate part of their property for this use. She addressed her
concerns with the short timeframes that the City has imposed upon the grantors to
return various documents; and recommended that these time restraints begin once the
documents are in the grantors' hands.
City Council Minutes
November 5, 2003
Page 11 of 16
Councilman Gardiner expressed his opinion that the time restraints should not start until
the documents have been delivered to the grantors.
Director Allison commented on the source of the delay and inaccuracies; stated that he
has spoke with the City's contract engineer and confirmed that the errors are not minor;
and stated that the two engineers will need to agree on the final legal descriptions
before the paperwork is ready for signature.
Councilman Gardiner stated that the timeframe for document review and signature
should be reset for this matter and noted that he is not comfortable with the Ortolano's
paying for their own study on land that they will be donating to the City.
City Attorney Lynch stated that there is no urgency with giving additional time to review
the corrected paperwork; explained that the two engineers are trading their information;
and agreed that the timeframe is a disadvantage to the property owners.
Councilman Clark questioned the work product of the City's contract engineer and the
inaccuracies with the legal land descriptions; and stated that consideration should be
given to compensating the Ortolano's for the cost of their engineer.
Director Allison noted for Councilman Clark that the City has used this engineer before
without any problems; and stated that he is surprised with the mistakes.
Mayor Stern noted his discomfort with the inaccuracy of this City report.
City Attorney Lynch explained that the City's contract engineer accidentally rotated the
plans 5 degrees when he plotted that error; and stated that the corrections have been
made following the last City Council meeting. City Attorney Lynch stated that an item to
compensate the Ortolano's would be placed on a future agenda.
Councilman McTaggart concurred that the Ortolano's should not have to pay for giving
away property for community benefit; and suggested that the City look into this
engineer's errors and omissions insurance.
City Manager Evans advised that this is the company's first failure and that the
company will repair this situation and that the City will not have any out -of- pocket
expenses as a result and that the Ortolano's would be made whole.
City Attorney Lynch explained that this matter should be placed on this agenda because
of the issues that arose since the publication of the agenda; that the Ortolano's should
be given ten days from the receipt of the documents to return them to the City.
Councilman McTaggart so moved, seconded by Councilman Gardiner. The motion
carried on the following roll call vote:
AYES: Clark, Ferraro, Gardiner, McTaggart, and Mayor Stern
NOES: None
City Council Minutes
November 5, 2003
Page 12 of 16
Councilman McTaggart moved, seconded by Mayor pro tem Ferraro, to place this
matter on a future agenda so that the timeframe can be extended, and that the grantors
are given 10 days from the date of receipt of the documents to return the paperwork.
The motion carried without objection.
Ralph Ortolano questioned if the refund to his family would need to be agendized.
Mayor Stern asked that Mr. Ortolano work with staff on the possibility of agendizing that
matter.
Mr. Ortolano thanked Mayor pro tem Ferraro and Councilman McTaggart for their
dedicated service to the City while serving on this body; and he requested that staff
agendize for future discussion the one trail easement.
Councilman Clark thanked Mrs. Ortolano for bringing this matter to the City Council's
attention.
Border Issues Status Report. (310)
Senior Planner Fox reviewed the current status of border issues and provided direction
to the City Council Committee and Staff. He noted that staff had obtained a cost
estimate for a consultant to review the technical aspects of the Draft EIR for the South
Coast County Golf Course project. He also stated that the City of Rolling Hills Estates
had retained its own team of consultants for this purpose.
Councilman Gardiner commented on documentation that indicates that a rifle range was
located at the Palos Verdes Landfill in the past and that the environmental documents
did not reflect that fact. He expressed his concern that the City's request for an
additional 90 -day extension was not granted; and highlighted his concerns with the
inaccuracies in the information that has been provided. He reiterated his request for a
90 -day extension, to March 4, 2004; commented on his concerns for the health of the
residents and the children that would be attending Rancho Vista Elementary School;
and stated that the City needs expert advice to sort through the information that has
been provided before it makes its comments on the Draft EIR. He highlighted his
conversations relative to the 90 -day extension with Mike Gin of Supervisor Knabe's
Office. He stated that the Draft EIR does not specify that children will not be at risk.
Councilman Clark suggested that Supervisor Don Knabe be contacted directly with
respect to this requested extension.
City Manager Evans noted that staff wrote a letter specifically requesting 90 days
beyond the original expiration of December 2003.
Mayor Stern stated that he would work with City Manager Evans to contact Supervisor
Knabe the day after the meeting. If there are collaborative efforts with Rolling Hills
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November 5, 2003
Page 13 of 16
Estates in this matter, Mayor Stern expressed his desire that there be no duplication of
effort by the two cities.
Councilman Clark concurred with Councilman Gardiner's request for the City to have its
own independent expert consultant to sort through this document and to try and
collaborate with Rolling Hills Estates; and noted his displeasure that ten local elected
officials' request for a 90 -day extension have not been taken seriously by the County;
and that he would like to know the reason for not being given the additional 90 days to
comment on the DEIR.
Mayor Stern asked that staff research this matter further and that it be placed on the
next agenda.
Councilman Gardiner pointed out that the City Council is not taking a position on this
matter at this time, but that the City is intending to have additional time to gather
additional facts and to fully understand the information.
RECESS AND RECONVENE
Mayor Stern recessed the meeting at 10:25 P.M. and reconvened the meeting at 10:34
P.M.
Senior Planner Fox completed his Borders Status report. He noted that a letter would
be sent to the Navy regarding the former housing sites in San Pedro; and that the
Coastal Commission had approved the County Fire Department's Coastal Monitoring
Network on October 7tn.
Resol. Nos. 2003 -92 and 93: Pt. Vicente Interpretive Center. (1203 x 1201)
Director Allison presented the staff report and the recommendation to (1) Approve a
revised funding plan for the expansion of the Point Vicente Interpretive Center; (2)
ADOPT RESOLUTION 2003 -92, AUTHORIZING THE APPLICATION TO THE
COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT FOR
TRANSFER OF GRANT FUNDS FROM THE ABALONE COVE BEACH
IMPROVEMENT PROJECT TO THE POINT VICENTE INTERPRETIVE CENTER
EXPANSION, PROJECT IN THE AMOUNT OF $556,682; (3) Authorize the return to the
Los Angeles County Regional Park and Open Space District the amount of $129,854,
previously paid to the City for Abalone Cove Beach Improvement project administrative
costs; and (4) ADOPT RESOLUTION 2003 -93, AMENDING RESOLUTION 2003 -42,
THE BUDGET APPROPRIATION FOR FY 2003 -041 TO ADJUST THE CITY'S
QUIMBY, MEASURE A, DEVELOPMENT IMPACT MITIGATION (EET) AND CAPITAL
IMPROVEMENTS PROJECT FUNDS.
City Council Minutes
November 5, 2003
Page 14 of 16
Mayor pro tem Ferraro moved, seconded by Councilman Clark, to approve staff
recommendation. The motion carried as follows:
AYES:
Clark, Ferraro, Gardiner, McTaggart and Mayor Stern
NOES:
None
ABSENT:
None
Letters of support for the South Bay Energy Rewards Program. (1601 x 1101)
Assistant to the City Manager Gina Park presented staff report and the recommendation
to authorize the Mayor to send letters of support for grant applications proposing to
extend and expand the South Bay Energy Rewards Program.
Councilman Clark moved, seconded by Mayor pro tem Ferraro, to approve staff
recommendation. There being no objection, Mayor Stern so ordered.
LAX Master Plan Draft Supplemental (EIR) Environmental Impact Report and
comments. (1505)
Assistant to the City Manager Gina Park presented staff report and the recommendation
to (1) Consider comments from the South Bay Cities Council of Governments and other
outside sources regarding the Draft Supplemental Environmental Impact Report on the
LAX Master Plan; and (2) Authorize the Mayor to send a letter of comments to the Los
Angeles World Airports by the public comment deadline date, November 7, 2003.
City Manager Evans highlighted the late correspondence distributed to the Council at
the outset of the meeting from the LAX Community Noise Roundtable and a letter from
South Bay Cities Council of Governments.
Councilman Gardiner moved, seconded by Mayor pro tem Ferraro, to approve staff
recommendation. There being no objection, Mayor Stern so ordered.
Councilman Clark questioned whether the proposed plan for everyone to park off LAX
property would work.
CLOSED SESSION REPORT:
City Attorney Lynch stated that the agenda should indicate that Nick Miller is now the
lead City negotiator on the cable franchise item and stated that no discussion took place
on the other two items. She stated that the last two items would be placed on a future
agenda.
City Council Minutes
November 5, 2003
Page 15 of 16
ADJOURNMENT:
At 10:45 P.M. Mayor pro tem Ferraro moved to adjourn the meeting.
Attest:
City Clerk
WA2003 City Council Minutes \11052003 cc mins.doc
City Council Minutes
November 5, 2003
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