CC MINS 20021217MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
DECEMBER 17, 2002
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 7:10 p.m., the meeting was reconvened.
Roll call was answered as follows:
Present: Clark, Ferraro, McTaggart, Gardiner and Mayor Stern
Absent: None
Also present were City Manager Les Evans; Assistant City Manager Carolyn 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; Senior
Planner Kit Fox; City Clerk/Administrative Services Director Jo Purcell; and Minutes
Secretary Dianne McGivern.
Kailyn and Hailey Stern led the Pledge of Allegiance.
RECYCLE DRAWING:
The winner for the recycle drawing was John Long of Rancho Palos Verdes.
APPROVAL OF AGENDA
Councilman McTaggart requested to move the item regarding placement of
commemorative plaques at the end of the Agenda to accommodate a speaker who had
not yet arrived at the meeting.
Councilman Clark requested that the Non Exclusive Commercial Refuse Collection
Agreement be pulled from the Consent Calendar for discussion.
Mayor Stern indicated a request to move the item regarding funding for temporary
trailers at Pt. Vicente Interpretive Center to immediately after the Consent Calendar.
Mayor pro tern Ferraro inquired into a continuance for review of the proposed View
Restoration and Preservation Guideline Revisions. Mayor Stern suggested that item be
continued until a determination regarding the View Restoration Committee had been
made. He recommended that a joint workshop be conducted between the Planning
Commission and the City Council.
Mayor pro tem Ferraro moved to approve the agenda as amended. Councilman
McTaggart seconded. Motion carried.
APPROVAL OF CONSENT CALENDAR:
Mayor pro tem Ferraro moved, seconded by Councilman McTaggart for approval of 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 of October 15th and November 9th. (301)
Approved the minutes.
Claim Against The City By Southern California Edison. (303)
Rejected the claim and directed staff to notify the claimant.
Resol. 2002 -103: Additional Funding For Storm Water Program. (604 x 1204)
(1) ADOPTED RESOLUTION 2002 -103, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION
2002 -45, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2002 -03, FOR A
BUDGET ADJUSTMENT TO THE CITY'S GENERAL FUND — PUBLIC WORKS
ADMINISTRATION. (2) Authorized the expenditure of up to $3,200 for storm water
fees to the State Water Board Non - Exclusive Commercial Refuse Collection and
Disposal Services Annual Agreement For 2003.
Resol. 2002 -104: Register Of Demands.
ADOPTED RESOLUTION NO. 2002 -1049 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: Ferraro, Gardiner, Clark, McTaggart and Mayor Stern
NOES: None
City Council Meeting Minutes
December 17, 2002
Page 2 of 14
REGULAR BUSINESS
Non - Exclusive Commercial Refuse Collection and Disposal Services Annual
Agreement For 2003. (1301)
The staff report of December 17th recommended that Council authorized the mayor and
the city clerk to execute non - exclusive commercial refuse collection and disposal
services agreements as amended with: Ace Roll Off Rubbish Service, Inc., BFI Waste
Systems of North America, Inc., California Waste Services, Consolidated Disposal
Services, LLC, Easy Roll Off Services, EDCO Disposal Corporation, Gemini Services,
Inc., HM D Waste Company, Integrated Waste Industries, Inc., Ivy Rubbish Disposal, S
& H Disposal Company, and USA Waste of California dba Waste Management.
City Attorney Lynch described the amendments made to this agreement that were
contained in the version distributed at the outset of the meeting. She indicated that a
definition of administrator was added and also a certification that the collector must
certify that they have not attempted to or paid any consideration or compensation to any
city official, officer or employee in connection with obtaining the agreement.
City Attorney Lynch also highlighted the modifications to the penalty provisions if a
contractor fails to provide a timely quarterly report. In addition, she pointed out that the
insurance requirements were increased to meet Best Insurance rating of 87.
Councilman Clark questioned the topic of remittances and audits. He inquired whether
an audit had ever been conducted.
Public Works Director Allison responded that an audit had never been performed.
Councilman Clark inquired as to what would trigger an audit.
Mr. Allison responded that if a hauler was moving more trash than he was reporting
resulting in a lower fee being paid to the City; that would lead to an audit.
City Manager Evans stated that the dump reports to the City show how much has been
delivered. He indicated that a comparison between that report and the hauler's report
would reveal discrepancies between the two.
Councilman Clark asked about the possibility of exclusive hauling agreements.
City Manager Evans indicated that in approximately 2005 the City has intentions on
negotiating exclusive agreements to a small number of haulers.
Councilman Clark moved to approve the amended agreement as amended, seconded
by Councilman McTaggart. No objections were noted.
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December 17, 2002
Page 3 of 14
Resol. No. 2002 -105: Funding For Temporary Trailers At The Pt. Vicente
Interpretive Center. (1201 x 602)
(1) ADOPTED RESOLUTION 2002 -105, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION 2002 -45, THE
BUDGET APPROPRIATION FOR FISCAL YEAR 2002 -03, FOR A BUDGET
ADJUSTMENT TO THE CITY'S GENERAL FUND — PARKS AND TRAILS
MAINTENANCE. (2) Authorized the expenditure of up to $10,000 to install and lease
an information trailer at the Point Vicente Interpretive Center.
Director of Public Works Dean Allison reported that the docents would be able to recruit
and provide information to the public if trailers were brought in. He stated that the
grounds were green and the site is open. He requested the Council to approve an
expenditure of $10,000 to have the trailer on site from January to July 1 St.
Joan Barry, 30770 Ganado Drive, Rancho Palos Verdes, spoke in support of the trailers
and expressed her excitement on behalf of the docents. Ms. Barry gifted all of the
Council members with docent caps.
Mayor pro tem Ferraro moved, seconded by Councilman Gardiner, to approve the staff
recommendation.
The motion carried on the following roll call vote:
AYES: Ferraro, Gardiner, Clark, McTaggart and Mayor Stern
NOES: None
Ord. No. 386: Disbandment of the View Restoration Commission (VRC). (1806)
INTRODUCED ORDINANCE NO. 386 FORMALLY DISBANDING THE VIEW
RESTORATION COMMISSION AND AMENDING THE RANCHO PALOS VERDES
MUNICIPAL CODE TO TRANSFER ITS WORKLOAD AND RESPONSIBILITIES TO
THE PLANNING COMMISSION.
Councilman McTaggart moved, seconded by Councilman Clark, to approve the staff
recommendation.
The motion carried on the following roll call vote:
AYES: Gardiner, Clark, McTaggart and Mayor Stern
NOES: Ferraro
Landslide Moratorium Exception Permit Case No. ZON2002 -00347 for
Property located at 38 Cinnamon Lane. (1203 x 1801)
Assistant Planner Beilin Yu presented the staff report of December 17th and the
recommendation to adopt the proposed resolution denying, without prejudice, Landslide
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December 17, 2002
Page 4 of 14
Moratorium Exception Permit Case No. ZON2002 -00347 and pointed out that this case
preexisted the moratorium ordinance adopted on November 5 .
Director Rojas reviewed the history of the pending application for this property and
concluded that the proposed addition could be engineered to avoid aggravation of the
landslide. He stated that staff is not satisfied as to the amount of information relating to
the landslide and the geologic conditions in the entire Zone 2 area to warrant the
proposed addition to the property.
Mayor Stern asked for clarification on the Dale Hinkle report regarding the landslide -
affected bed rock.
Mr. Rojas responded that underlying material appeared to have been affected by
landslide activity in the past.
Councilman Clark referred to the comment made by staff that correct engineering would
permit the project to continue. He inquired of staff if they had taken that comment into
consideration in their recommendation.
Mr. Rojas indicated that although that statement was made, the main source of
information on that topic was taken from the Cotton and Shires report that addressed
the underlying material and the entirety of Zone 2.
Councilman Clark inquired about the Cabrillo Fault and its location relative to the
subject property.
Mr. Rojas indicated it to be a mile or two.
Olympia Greer, 267 Palos Verdes Drive West, Palos Verdes Estates, began her
testimony by stating that the subject project predated the moratorium. She requested
grandfathering the project as is. (Ms. Greer distributed a written copy of her testimony;
said copy is on file with the City Clerk's Office.)
Ms. Greer divided the 1,180 square foot proposal into increments. She stated that 617
square feet was intended for the ground floor and the remainder at the mezzanine level
and other smaller locations such as entry, storage, and stairs.
Councilman McTaggart requested definition of the word "mezzanine."
Ms. Greer responded that it is an area that is within one -third of the overall area of the
house.
Councilman McTaggart commented that it appeared to be a second floor.
Mr. Rojas assured the Council that Staff had considered that area as a second floor
addition.
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December 17, 2002
Page 5 of 14
Mayor Stern inquired of Mr. Siegel whether the Homeowner's Association reviewed the
design for architectural compatibility.
Mr. Siegel stated that the Portuguese Bend Community Association Committee has
approved the design.
Mayor Stern asked Ms. Greer for clarification on the factor of safety. He stated that the
1.5 factor of safety relates to the whole area, but that a 2.65 factor of safety had been
determined for the localized area.
Councilman Gardiner pointed out the factor of safety calculation contained within the
Surficial Slope Stability Analysis that revealed the vertical depth of the slip surface as
being four feet. He asked whether that calculation encompasses earth going deeper
than four feet.
Mr. Evans opined that it was just the depth to the bedrock. He stated that the factor of
safety has always been determined to the point of bedrock on similar applications. He
indicated it was just a local factor of safety.
Councilman Gardiner asked how far the bedrock continues.
Ms. Greer suggested 175 feet.
Mayor Stern requested Mr. Siegel to respond to that inquiry.
Neil Siegel, 38 Cinnamon Lane, Rancho Palos Verdes, stated that based on
discussions with Dr. Ehlig, his information was between 130 and 200 feet in the location
tested.
Mr. Siegel addressed the Council beginning with the neighboring real estate records.
He indicated that houses within a few hundred yards were between 4000 and 5,000
square feet. He felt that upon completion of the proposed work, the home would be
compatible in size. He offered statements from adjoining neighbors in support of their
remodeling plans.
Mr. Siegel continued by saying that the neighborhood houses were between 50 and 70
years old. He indicated that among the neighbors he spoke with, none of them admitted
cracks that would be related to landslide activity.
Mr. Siegel stated that his proposed remodel would not affect the original footprint of the
house.
Ms. Greer indicated that the second story addition square footage appears to make the
house bigger, but that the additional size is cantilevered over the garage.
Councilman McTaggart moved, seconded by Mayor pro tem Ferraro, to proceed with
the application to the Planning Commission by approving the exceptions.
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December 17, 2002
Page 6 of 14
The motion carried on the following roll call vote:
AYES: Ferraro, Clark, McTaggart
NOES: Gardiner, Mayor Stern
RECESS AND RECONVENE
Mayor Stern declared a recess at 9:00 P.M. The meeting reconvened at 9:10 P.M.
COUNCIL REPORTS
Councilman Gardiner stated that he attended a walkthrough as an "interested party" of
the proposed golf course on the county landfill in Rolling Hills Estates. He stated that
Alan Lowenthal attended as well and also two members of the Rolling Hills Estates City
Council.
Mayor pro tem Ferraro reported that she had done two PSA's for PV Transit. She
stated that they are offering shuttle service around the commercial area of RHE
Peninsula Center, The Avenues and Longs Drug Store. She said that PV Transit was
offering a special dollar ride for New Years Eve.
Councilman Clark commented on the terrific one -year effort of the subcommittee on
neighborhood compatibility. He suggested reviewing this topic within the joint workshop
with the Planning Commission. He requested that staff provide the other
councilmembers that weren't on the subcommittee with a binder of the minutes and the
documentation from the subcommittee.
Councilman Clark reported on the Ocean Trails subcommittee meeting. He stated that
the rainfall would not affect the stability of the 18th hole landslide repair. He further
commented that the rain has extended the expected completion by a week or two. He
further indicated that since ownership has changed from Credit Suisse to Trump, a new
master schedule is being created. He stated that more than likely it will show an
accelerated schedule of currently planned activities.
Councilman McTaggart asked whether the changes proposed by the Trump
organization are going to be forwarded to the Fish & Wildlife Service, or whether the
current Council would be reviewing them.
Councilman Clark stated that it would depend on the content of the changes. He
deferred to Mr. Rojas for comment.
Mr. Rojas stated that the Trump organization is formulating a plan realizing that there is
habitat to consider.
Councilman Clark reported that work on PV Drive South would continue throughout the
holidays with City inspections to continue as well.
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December 17, 2002
Page 7 of 14
Councilman Clark stated that the affordable housing units are progressing at Ocean
Trails.
Councilman McTaggart reported that the SBCOG Steering Committee would not be
meeting in December.
Councilman McTaggart stated that Councilman Clark and he participated in the
Peninsula Parade leading the mayor and mayor pro tem. He stated that he went to the
Rolling Hills Community Holiday Party. He also reported that the Vector District meeting
was held across the street from the Playa Vista project. He stated that there have been
no other reports of the West Nile Virus.
Councilman McTaggart reported on the meeting at the U.S. Corps of Engineers office in
Downtown L.A. to learn about the TMDL's on the water storm permit.
Mayor Stern reported attending the Open Space Acquisition Subcommittee.
He further reported on the meeting he attended with Councilman Clark with the Ocean
Trails liaison. He reiterated the City's expectation to be kept apprised of events as they
occur so as to avoid complications in working with staff.
Mayor Stern reported on the monthly mayor's breakfast held on Friday the 13th. He
indicated that it was attended by the chairpersons of various committees.
PUBLIC COMMENTS
Lois Larue, 3136 Barkentine Road, Rancho Palos Verdes, commented that Jim York's
property is exempt from the moratorium.
Mayor Stern indicated that the majority of it is within the moratorium.
Ms. Larue read a letter from her daughter -in -law concerning the subject of PAGE,
Professional Advocates for Gifted Education, making a $2,000 donation to the California
Association for Gifted Children.
Tom Redfield, 31273 Granada Drive, Rancho Palos Verdes, encouraged the City
Council to persevere in addressing the RV problems it is currently experiencing. He
also encouraged the public to seek advice from the City as they have creative ideas in
solving RV issues.
Request To Place Commemorative Plaques On City Property. (1203 x 1201)
Director Rojas presented the December 17th staff report which recommended: (1)
Approved the Palos Verdes Peninsula Land Conservancy's request to place a
commemorative plaque on the City owned Forrestal property in recognition of a
$500,000 endowment donated by Dr. Allen and Charlotte Ginsburg that will p rovide
funds to assist the Conservancy in managing the City's property, said marker will be
similar to the one installed by the City at the view point on PV Dr. South; also, a stone
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December 17, 2002
Page 8 of 14
bench will be installed; and, (2) Agreed that similar plaques may be placed near the
entrance to the proposed Portuguese Bend Open Space Preserve and Aqua Armaga
Canyon, if those privately held properties are acquired by the City and managed by the
Conservancy
Barbara Dye, 29743 Knollview Drive, Rancho Palos Verdes, spoke on behalf of the
Land Conservancy stating that this is a first step towards stewardship endowment which
will help budget spade and some of their obligations to the NAACP. Ms. Dye noted a
minor change from the staff report regarding Ms. Ginsburg's request to replace the
planned boulder with a plaque similar to the one on the rock at Abalone Cove.
Bill Ailor, 1052 Via Palestra, Palos Verdes Estates, spoke on behalf of the Land
Conservancy. He indicated that the Conservancy requires funding for both the
acquisition and maintenance of land. He expressed gratitude to Dr. and Mrs. Ginsburg
and encouraged others to work together in developing a standard for how donations
should be treated in the future. He stated that the Conservancy wanted to acknowledge
the generosity of the current donors in keeping with the overall goals of the
Conservancy.
Mr. Ailor suggested beginning the process of looking at the issue of developing some
guidelines for the future.
Councilman Clark moved, seconded by Mayor pro tem Ferraro, for approval of the
commemorative plaque done in rock formation including a stone bench.
The motion carried on the following roll call vote:
AYES: Ferraro, Gardiner, Clark, McTaggart and Mayor Stern
NOES: None
Educational Access Channel. (305 x 1101)
City Manager Evans presented the staff report of December 17t" and the following
recommendations: (1) ADOPT RESOLUTION NO. 2002 -106 DIRECTING COX
COMMUNICATIONS TO ESTABLISH AN EDUCATIONAL ACCESS CHANNEL
PURSUANT EXHIBIT E, SECTION I(C)(1) OF THE OCTOBER 17, 2000 CABLE
TELEVISION FRANCHISE AGREEMENT ON THE LOCAL CABLE TELEVISION
NETWORK; (2) Establish astart-up date of March 1, 2003 for launching the channel;
(3) Approve the use of the old Cable TV studio on City Hall property for filming and
editing; (4) Establish a budget of $125,000 for re- furbishing the studio and purchasing
of camera and editing equipment; and, (5) Establish an annual budget of $70,000 for
operating the studio. (6) Staff to look for additional sources of funding; prepare a
program schedule for first year.
City Manager Les Evans stated that on November 5, the education institutions
presented at the Council meeting their support of an educational access channel. He
discussed a workshop sponsored by the appointed ad hoc committee to explore
City Council Meeting Minutes
December 17, 2002
Page 9 of 14
resources available. He indicated that as a result of that meeting, Cox requires a 30-
day notice for the implementation of the Educational Access Channel and that there is
no minimum programming requirement. He added that if no programming is available,
a scrolling reader board would be broadcast.
Mr. Evans stated that the committee discussed the importance of developing policies on
deciding programming. He indicated that the committee felt comfortable in side-
stepping pitfalls should they develop by keeping control of the programming.
Continuing with the report, Mr. Evans stated that an open studio, minimum staffing,
equipment, such as cameras, lighting and audio equipment, are required to refurbish
the old cable TV building on city hall property that once held a studio. He stated that PV
on the Net offered three editing stations at no cost to the City and that they would be
willing to staff the station for $45,000. He divulged the estimated costs would be
approximately $50,000 to refurbish the studio, $75,000 for equipment, and $70,000 per
year to operate the studio.
Councilman Gardiner proposed using school students under 18 to work in the studio to
obtain experience while meeting the requirement of staffing. He suggested developing
a school internship program. He proposed having Cox provide some funding for the
equipment. He stated that when Cox had to provide public access, equipment,
resources and training were required. Since the City has relieved Cox of this
requirement, those funds would potentially be available.
Councilman Gardiner suggested using a reader board between the end of January and
May 1 while conducting testing and putting signals on.
Councilman Gardiner stated that rather than providing an open forum for programming
that the City maintain control by requesting information from educational institutions and
then picking the best material.
Councilman Clark referenced the Harbor College studio and their education station
format. He asked if there had been consideration given to the utilization of their studio.
Councilman Gardiner explained that Harbor College had received a grant with which
they are starting from the beginning and moving forward. He stated that they do have a
program or television station now.
Councilman McTaggart clarified that the college will be employing electronic classrooms
and providing a degree program.
Councilman Gardiner added that the college would be offering distance learning similar
to El Camino College's program.
Councilman Clark inquired into the acquisition of grant money.
Councilman Gardiner affirmed that grants have been discussed. He stated that there
are one -time expenses such as the building and equipment, but that there will also be a
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December 17, 2002
Page 10 of 14
need for staff as well as ongoing costs.
Mayor pro tem Ferraro moved, seconded by Councilman Clark, to adopt the staff
recommendations changing the start date of March 1.
The motion carried on the following roll call vote:
AYES: Ferraro, Gardiner, Clark, McTaggart and Mayor Stern
NOES: None
City Council Assignments. (306)
Mayor Stern made the following assignments: Outside Organizations: City Selection
Committee - Stern /Ferraro; League of Calif. Cities L.A. County Division - Stern /Clark; So.
Calif. Assoc. Of Governments (SCAG) — McTaggart; So. Ba Cities Council of Govts.
(SBCCOqj- Clark/Stern 1St Alt.)/Ferraro 2nd Alt. and McTaggart (3rd Alt.); San. Districts
(Dist. No. 5 & So. Bay San. District) - Stern /Ferraro; Calif. Joint Powers Ins. Authority(CJPIA)
Stern /Ferraro; Contract Cities - McTaggart/Gardiner; So. Bay Youth Project -
Ferraro /McTaggart; Chambers of Commerce - Entire Council; Santa Monica Bay Restoration
Project - Clark/Ferraro; Palos Verdes Trans. Authority - Ferraro /McTaggart; Max Policy
Steering Committee - McTaggart/Gardiner; Pen. Regional Law Enforcement -
Stern /McTaggart; West Basin Water Association - Gardiner /Ferraro; Calif. Coastal Coalition -
Stern /Clark; and, L. A. County West Vector Control District - McTaggart.
Ad Hoc Committees: Open Space Acquisition - Stern /Clark; Neighborhood
Compatibility - Clark/Gardiner; School District Liaison - Gardiner /Clark; Ed. Cable TV -
McTaggart/Gardiner; and, 30th Anniversary - Stern /Ferraro.
Standing Committees: Council Liaison to Ocean Trails /Long Point - Stern /Clark.
Liaison Assignments: Western Avenue Corridor Task Force - Ferraro /Gardiner; LAX
Expansion /Noise - McTaggart/Ferraro; L.A. Community Roundtable -
McTaggart/Gardiner; and, Peninsula Forum — Stern.
Policy For Selecting Peer Review Consultants. (11101)
City Manager Evans introduced the item as stemming from a request by Mayor Stern
that policy be drafted for the selection of peer review consultants. Beginning with the
Form 700, which he described as a disclosure form applicable to the prior 12 months of
personal and business activity, he inquired if Mayor Stern intended on extending that
time period.
Mayor Stern responded by stating the example of Zone 2 panel. He described a
process by which the geologists involved had been members of the community for
some time and could possibly benefit economically by reaching the conclusion that it
was safe to build, as they would then have the ability to provide geological services to
the lot owners who desired to obtain building permits. Conversely, those individuals
might find it difficult to announce to their friends that property development would not be
City Council Meeting Minutes
December 17, 2002
Page 11 of 14
allowed. Mayor Stern made no personal implications but merely cited the example for
illustrative purposes.
Councilman Gardiner spoke in favor of credentialing. He stated that when looking for
committee members, it is important that those with the expertise sought be engaged in
policy or making decisions. He also stated that perhaps summoning an expert from out
of town would be advisable for a fresher perspective.
Mayor Stern spoke in support of Councilman Gardiner's opinion and reinforced the
notion that an out of town expert would have no gain to realize within a project in which
he has no interest.
Councilman McTaggart countered by stating that it is those involved who know the land
the best.
Recess And Reconvene: Mayor Stern announced a break at 10:32 p.m. The
proceedings were resumed at 10:39 p.m.
Mayor Stern proposed to defer the issue to consult general policy.
Mayor pro tem Ferraro spoke in favor of local experts as well as disclosure.
Councilman Gardiner opined that a mixed panel consisting of local experts and
imported experts should be utilized.
Councilman McTaggart agreed on selecting at least a three - member panel with
disclosure made by the potential committee members.
It was the consensus that the Council could handle these situations on a case -by -case
basis and that the matter should be tabled until a specific case arises that has to be
decided upon.
Lois Larue, 3136 Barkentine Road, Rancho Palos Verdes, inquired into the
disappearance of Keith Ehlert.
Councilman McTaggart stated that Mr. Ehlert had moved away.
Ord. No. 387: Requiring Disclosure Of Geological Conditions. (1203)
City Manager Evans presented the staff report of December 17th and the
recommendation to introduce the proposed ordinance Establishing Disclosure
Requirements For Geological Conditions In Connection With Applications For Permits
And Amending The Rancho Palos Verdes Municipal Code. He stated that Mayor Stern
had requested such an ordinance to prevent people from obtaining unfavorable
geological reports and then going to another geologist until they received the answer
they liked, and then submitted the favorable geology to the City to support an
application.
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December 17, 2002
Page 12 of 14
Councilman McTaggart asked whether an individual could hide behind a legal privilege
by hiring geologists through their attorney.
Mayor Stern opined that if the hiring were done in the context of litigation, it would
probably be deemed work product and would be protected. He stated that if an
individual just hires a lawyer to perform this function that it is likely to be invalid.
Barbara Sattler, 1904 Avenida Aprenda, Rancho Palos Verdes, spoke in support of
disclosure and encouraged all to support Mayor Stern's proposal.
Mayor Stern clarified by stating that this ordinance was designed to bring forth all
geological surveys ever performed on property. He stated that a property owner who
does not approve of a geological report they had done could hire another geologist,
continuing the process until they receive a report they approved of.
Councilman McTaggart questioned how the ordinance could be enforced.
Mayor Stern opined that most people will comply honestly if required to. He suggested
that a certain degree of risk should be built in to prevent people from being dishonest,
such as a permit revocation.
Councilman Clark moved to adopt staff recommendation and INTRODUCE No. 387, AN
ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING
DISCLOSURE REQUIREMENTS FOR GEOLOGICAL CONDITIONS IN CONNECTION
WITH APPLICATIONS FOR PERMITS AND AMENDING THE RANCHO PALOS
VERDES MUNICIPAL CODE ORDINANCE NO. Councilman Gardiner seconded the
motion.
The motion carried on the following roll call vote:
AYES: Ferraro, Gardiner, Clark, McTaggart and Mayor Stern
NOES: None
City Council /Planning Commission Joint Workshop. (307)
City Manager Evans presented the December 17th staff memorandum that
recommended that the Council set a date for a joint meeting with the Planning
Commission to be held sometime in February.
Councilman Clark motioned to schedule the workshop on February 8th from 9:00 A.M.
until 3:00 P.M. Motion carried.
City Attorney Closed Session Report:
City Attorney Lynch reported that a strategy for the People vs. Abrams case had been
discussed.
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December 17, 2002
Page 13 of 14
City Attorney Lynch advised that the Council added an item to the closed session
agenda to discuss an issue concerning a home repair project pursuant to the City's
home improvement program. She stated that no action was taken regarding that
matter.
Adjournment: The meeting was adjourned at 11:25 motion ft Mayor Stern.
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