CC MINS 20020618MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JUNE 189 2002
The meeting was called to order at 7:06 p.m. by Mayor McTaggart at Miraleste
Intermediate School in the Theatre Arts Building located at 29323 Palos Verdes
Drive East.
Following the Pledge of Allegiance, roll call was answered as follows:
PRESENT: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart
ABSENT: None
Also present were City Manager Les Evans; Assistant City Manager Carolynn
Petru; City Attorney Carol Lynch; Director of Planning, Building and Code
Enforcement Joel Rojas; Director of Public Works Dean Allison; Director of
Finance Dennis McLean; Senior Planner Ara Mihranian; City Clerk/Administrative
Services Director Jo Purcell; Senior Planner Kit Fox, and recording secretary
Diane McGivern.
RECYCLE DRAWING:
There were two cards drawn to receive a check for $250.00, representing a year
of free refuse service. The Mayor announced that last month there were no
winners.
APPROVAL OF AGENDA:
After removal of the item regarding the sidewalk repair delinquent account, and
moving forward the South Coast County Golf Course Presentation by Jim Tarr,
and the item regarding the November 2002 Election RPV Term Limits Ballot
Initiative. Mayor Pro Tern Stern moved, seconded by Councilwoman Ferraro, to
approve the agenda as amended. No objections were noted.
APPROVAL OF CONSENT CALENDAR:
Councilwoman Ferraro moved, seconded by Mayor Pro Tern Stern, 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 (301)
Approved the minutes. Adjourned Meeting of May 21, and Meeting of June 4,
2002.
Agreement for Legal Services — Thomas & Walton (103 x 1203)
Approved the Attorney - Client Fee Agreement with Thomas & Walton LLP to
provide representation in the Indian Ridge Crest Gardens, L.P. v. City of Rancho
Palos Verdes, et al., lawsuit.
Civic Center Window Replacement Project (1204)
(1) Awarded a contract for the replacement of windows in the Planning Building
to CTI Construction for an amount not to exceed $19,788 and authorize staff to
spend an additional $1,978 for possible extra work for a total authorization of
$21,766. (2) Authorized the Mayor and the City Clerk to execute a contract with
CTI Construction. (3) Authorized the expenditure of up to $2,000 for inspection
services with Charles Abbott Associates, Inc.
Resol. No. 2002 -48 - Ladera Linda Playground Improvement Project (1204 x
1201)
(1) Awarded a $38,583 construction contract to Ryco Construction for the
construction of playground improvements at Ladera Linda Park and authorize
staff to spend an additional $3,860 for possible extra work for a total
authorization of $42,443.00. (2) Authorized the Mayor and the City Clerk to
execute a contract with Ryco Construction. (3) Authorized the expenditure of up
to $4,000 for inspection services with Jon David Cicchetti and Associates. (4)
ADOPTED RESOLUTION NO. 2002 -48, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING
RESOLUTION NO. 2001 -43, THE BUDGET APPROPRIATION FOR FISCAL
YEAR 2001 -2002, FOR A BUDGET ADJUSTMENT TO THE CITY'S QUIMBY
FUND.
Resol. No. 2002 -49 Establishing New Speed Limit on Montemalaga Drive
(1502 x 1204)
(1) Established a speed limit of 35 mph on Montemalaga Drive between Silver
Spur Road and the westerly City limits. (2) ADOPTED RESOLUTION NO. 2002-
49, ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES ESTABLISHING A SPEED LIMIT OF 35 MPH ON
MONTEMALAGA DRIVE BETWEEN SILVER SPUR ROAD AND THE
WESTERLY CITY LIMITS.
Traffic Signal on Hawthorne Blvd. at Vallon Drive (1503 x 1204)
City Council Minutes
June 18, 2002
Page 2 of 18
Authorized staff to negotiate the purchase of traffic signal poles and mast arms in
accordance with Section 2.44.14 of the Municipal Code for a fee not to exceed
$17,536.50.
Point Vicente Interpretive Center (103 x 1201)
(1) Approved and authorized the Mayor to execute a Settlement Agreement with
the U.S. Army Corps of Engineers to resolve the City's claims concerning the
lead contamination at the Point Vicente Interpretive Center site. (2) Approved
and authorized the Mayor to execute a Right of Entry Agreement to authorize the
U.S. Army Corps of Engineers and the Corps' Agents to enter upon the Point
Vicente property to perform the cleanup work.
Asset Capitalization Thresholds and GASB Statement No. 34 Infrastructure
Valuation (602)
Adopted the recommended asset capitalization thresholds.
Resol. No. 2002 -50- Register of Demands
ADOPTED RESOLUTION NO. 2002 -50, 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: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart.
NOES: None
REGULAR BUSINESS:
South Coast County Golf Course Presentation by Jim Tarr (310)
Mr. Tarr, after expressing gratitude for the opportunity to speak, indicated his
concern for the location for the proposed golf course.
Mr. Tarr offered his experience in chemical engineering, and commented that he
has been working for 30 years in environmental research; specifically, attempting
to define the toxic chemical contamination in the neighborhoods that are located
close to facilities that emit toxins into the environment.
Mr. Tarr read a May 8, 2002 letter addressed to Rolling Hills Estates City Council
requesting a moratorium on all commercial development on the Palos Verdes
landfill site. The letter addressed concern for the air quality surrounding the
City Council Minutes
June 18, 2002
Page 3 of 18
landfill, including Rancho Vista Elementary School, and called for a
comprehensive ambient air monitoring system. The request was for the
moratorium to remain in effect until the causes have been defined. There was
further indication that the Sanitation District has never fully defined the cause of
the air pollution, thus necessitating the study. Mr. Tarr indicated that the landfill
is comprised of some 47 billion pounds of a combination of industrial and
municipal waste.
Mayor Pro Tern Stern inquired into the actions of the county toward a resolution,
to which Mr. Tarr regrettably reported that there have been no definable gains.
Councilman Gardiner, in an attempt to sum up the gist of the presentation,
offered two points: (A) that there is a presence of bad things in the area; (B) we
have a landfill that is emitting toxic gases.
Further, Mr. Tarr negated claims made by the Sanitation District that their landfill
gas verification system has an efficiency of 98 percent. He claimed that even if it
were true, they would have no way of doing that; and secondly, in his experience,
the most efficiency attainable is 75 percent, in the best of conditions. His
information included an attempt by the South Coast Air Quality Management
District to gather useful information. However, it was Mr. Tarr's belief that a
comprehensive study is still needed to detect organic chemical emissions, heavy
metal emissions, microbiological emissions, radiological chemical element
emissions, just to name a few.
Councilman Gardiner examined further into the contents of the landfill, to which
Mr. Tarr indicated, "They know no more about the contents of the landfill than I
do what's in my own trash can." He further explained that when something is
placed in the landfill, it is forgotten. After a while, these complex physical
chemical processes begin to take place and it is impossible to identify the toxins.
Mr. Tarr, in answer to Councilman Gardiner's question regarding safety of
peoples in and around this landfill, indicated that a study was done at Rancho
Vista Elementary School. In two of the classrooms surveyed, there was a
measurable amount of chemical contamination. A finding ignored by the
Sanitation District.
In conclusion, Mayor McTaggart offered that in his meeting with the Sanitation
District, they indicated that only a section of the landfill was contaminated with
toxic industrial waste and that the remainder of the landfill was not affected.
Councilman Clark indicated that after viewing a presentation on this very subject
on Cox Cable, the indication was that County Supervisor Knabe is not endorsing
the golf course, but instead would like to have comprehensive testing and
observation to define the extent of the toxins. The County Supervisor made it
very clear that he will put yellow tape around the area rather than sacrifice the
health of any of the residents.
City Council Minutes
June 18, 2002
Page 4 of 18
November 2002 Election RPV Term Limits Ballot Initiative (501)
Councilman Clark offered to lead the discussion, indicating he was the impetus
for this initiative. Fundamentally, over the years, he indicated that there have
been members of the community questioning the accessibility of election to the
City Council by the residents. One solution offered was to implement term limits,
thus opening the door for new council members. His indication was that
approximately 20 members of a community of 41,000 have actually served on
the council over the years. In substance, recognizing the strength of running for
re- election as an incumbent, it appears there is no room for new members.
In response to what is a seemingly interesting proposal by the members of the
community, Councilman Clark invited the council to put on the November ballot a
proposition for term limits in office, in effect, letting the residents decide whether
there should be term limits. He indicated surrounding cities, such as Redondo
Beach, Manhattan Beach, Long Beach, Torrance, Los Angeles, Cerritos and
Gardena, all have term limits.
He defined his proposed structure to be comprised of two consecutive terms at
any one time; in other words, a total of eight years. Then that person would have
to step down for at least one election, but could run for another term once that
two -year period has expired.
Mayor pro tem Stern offered a detailed history of the numbers of people who
have served and their length of office. He agreed that restricting the term of
office would invite new Council members in office and making it only a ban on
consecutive terms would still allow the former Council members a chance to
serve a new term after sitting out one election. He pondered, however, whether
in light of the historical experience of the City, if this was a solution in search of a
problem.
Councilwoman Ferraro also agreed that opening up the process is a good idea.
She indicated that many people have approached her, saying, "I wouldn't have
your job." She also suggested concern that there is a modest percentage of the
population actually voting, i.e., 18 percent at the last election.
Councilwoman Ferraro continued that prior experience on the council is a major
benefit. Her experience on the planning commission was invaluable to her as a
council member. And that perhaps all those seeking positions as council
members ought to serve on the planning commission or traffic committees as an
introduction to the issues addressed by the council.
Councilwoman Ferraro, in furtherance of her position, edified Mayor McTaggart
as being an individual who is a devoted public servant. She indicated that his
experience proves invaluable in the face of the issues proffered by Rancho Palos
Verdes and that by just replacing him for one term just as a matter of procedure
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June 18, 2002
Page 5 of 18
would be an incredible mistake. She also indicated that it takes several years
just to figure out what is going on, and by the time you figure it out, it's time to
leave and let someone else come in and try to figure it out.
Councilwoman Ferraro indicated that she is not a fan of term limits at all,
explaining that it is experience on the council that allows one to make informed
decisions.
Councilman Clark responded first by saying that this would not be retroactive and
that any member on the council, including the Mayor, could serve two more
terms once the current terms expire. He further pointed out that if someone
serving on the council for eight years did not make a contribution in that time
period, then they should not be on the council. He pointed out that the
community possesses a tremendous amount of intelligent and talented
individuals.
Councilman Clark gave the example of the emergency preparedness task force
which was comprised of 16 community members, rather than a 7 member
council, as an indication of the people in the community that are willing to serve.
City Clerk Purcell indicated the cost of putting this initiative on the ballot was not
yet defined; however it ranges between $34,000 and $41, 000.
Councilman Gardiner pointed out that being on the Council is a definite
commitment, comprising 25 hours per week of time; the pay is zero. And every
time you make a decision, somebody gets mad at you. No wonder no one wants
to run for the job. He said he favored putting things on the ballot so voters could
vote on them whether or not he supported them personally as a rule, but that he
did not have to pay for them in the past and voiced concern over the cost and
proposed perhaps an informal polling to see if there is sufficient interest in putting
this on the November ballot.
Mayor McTaggart offered that he had been in favor of term limits up until the time
he met the state on it. He said that by the time you understand what is going on,
your term is up. Every time a new member joins, it takes considerable amount of
time to get them informed and up -to -date on the issues.
Donald Jones, 5511 Eau Claire Drive, Rancho Palos Verdes, commented
adversely on the issue of term limits. He pointed out that it is neither a life
position, nor a paid position. He indicated there is no need for term limits,
because the position is a voluntary one. He described the experience gained by
long -term Council members as one in which you cannot put a price on. He finally
commented, "Surely term limits should not apply for the Council since all
members are supposed to be non - partisan. Please vote no to term limits. Thank
you"
City Council Minutes
June 18, 2002
Page 6 of 18
Beverly Ackerson, 27129 Spring Creek, Rancho Palos Verdes, recommended a
blend of experienced Council members with new Council members, adding that
such a mixture would assure good sound knowledge and wisdom with fresh
ideas.
Ken Dyda, 5715 Capeswood Drive, Rancho Palos Verdes, warned that in
opening up an election, it is not opened only to talented people, but also to all
people, including those who are not devoted to the city. He also stated,
however, that in a democratic republic, you have a right of self - determination.
Eric Paris, 29234 Stadia Hill Lane, Rancho Palos Verdes, opined that term limits
have their place, but the RPV Council is not one of them. Certain governmental
entities involve large amounts of power and money; however, RPV is
categorically different. He indicated since this was an unpaid position, the only
people available would be senior citizens or those with dramatically flexible
schedules, which is a severe limitation. He offered that the imposition of term
limits is not only unnecessary, but is mean - spirited, especially against an
individual so committed to his community. Finally, Mr. Paris edified Mayor
McTaggart in his unselfish commitment to the city in his use of influential
resources for the benefit of the city and its members.
Don Shultz, 2129 Velez Drive, Rancho Palos Verdes, representing RPV
Homeowners Association, commented generally on the merits of term limits,
offering different citizens an opportunity to step up and serve their city. He
mentioned the possibility of some bad apples, but that everyone probably has
their favorite and not so favorite Council member anyway. His ending comment
was that although there is no pay, all those who serve on council enjoy it.
Tom Redfield, 31273 Ganado Drive, Rancho Palos Verdes, representing the
coalition Revival Renaissance 2002, offered an interesting perspective in a
search for qualified council members. His research revealed three problems: (1)
time constraints; (2) energy, where perhaps single parenting was an issue; and
(3) doubt as to victory against incumbents. He suggested that there are pros and
cons to term limits, but basically an intimidation would be removed regarding
running against an incumbent, realizing that that incumbent can run again in a
future election. He alluded to the fails of government and how we should stay
away from politics, only looking forward to the benefit of those being served.
Councilman Gardiner explained the issue as a council decision about whether or
not to put the term limit decision on the ballot, not whether or not term limits is a
good idea. He suggested that it be taken further into the community to get a feel
for whether or not there is sufficient support for putting this on the ballot for voters
to decide.
Councilman Clark agreed with Councilman Gardiner. He indicated his regret that
his instant proposal was taken as one of personality conflict, when, in fact, it is
not. He explained that a number of people in the community approached him in
City Council Minutes
June 18, 2002
Page 7 of 18
an effort to synergize the talent pool of residents in Rancho Palos Verdes, but
they felt prematurely defeated based on the statistics of incumbents being
replaced. It was based on his interaction with the community that he brought this
initiative.
Councilwoman Ferraro suggested waiting two weeks to see if there is any more
response from the community. Mayor Pro Tern Stern countered with a month.
Mayor Pro Tern Stern made some final comments that it is not the process, but
the people. He pointed out that the council members are accessible by phone or
email, and that they all live in the area, so that their concern is the same concern
as the residents.
Mayor Pro Tern Stern agreed to continue the matter for a month. He suggested
running an informative article in the PV News. He confirmed the importance of
the people being in control of who is on Council. His further proposal was for the
local papers to run a poll on how the voters feel about the issue, asking voters to
weigh it against the cost it will incur to put it on the November ballot.
Mayor McTaggart indicated consensus made on the part of the council to put this
on the July 16, 2002 agenda for further discussion.
At 8:26 P.M., Mayor McTaggart recessed the meeting, and he reconvened the
meeting at 8:36 P.M.
# # # # # # # # # # # #
AUDIENCE COMMENTS:
Eric Paris, 29234 Stadia Hill Lane, Rancho Palos Verdes, voiced concern over
those residents who make a conscious decision to disregard the building codes.
He cited the property at Cachan Place, who went through an exhaustive process
at the planning level. The owner is still not satisfied and has added masonry and
landscaping, but has failed to comply with the building codes regarding his
backfilling obligation. His fear is that if one individual refuses to comply with
building codes and directives from the council, that it will become commonplace
for all to do it.
He expressed an interest in a decisional policy that should be enacted to protect
property purchasers from buying property with dangerous and illegal
modifications. He offered two suggestions, the first of which is to implement a
cost neutral property inspection by the city when properties are about to be sold.
This would give the buyer warning about illegal modifications. Any code
violations would then have to be corrected by the seller prior to the sale.
The second option would be to require that the seller pay the city to give the
potential buyer a permit report that would disclose variances, permits and
City Council Minutes
June 18, 2002
Page 8 of 18
conditional use permits granted by the city. The buyer would then note and
follow up on any discrepancies on the property.
Mayor Pro Tern Stern pointed out the mandatory disclosure provided for in the
Civil Code that requires all sellers to list those items plaguing the property. He
explained that it would be a liability to get involved in private transactions that are
already covered by state law.
Councilman Clark suggested putting it in the newsletter, making people
cognizant that these things occur, and to think ahead and plan better to prevent
such things from happening.
Mayor McTaggart indicated that a disinterested party emphasizing safety would
be the best resource of an unbiased inspection and opinion. He agendized this
item and indicated that he would ask the planning and legal departments to take
a look at what other cities are doing.
Ken Dyda, 5715 Capeswood Drive, Rancho Palos Verdes, regarding disclosure
on real property, pointed out that since the realtor is a representative of the
seller, that the realtor can be held legally liable as well. He offered that in his
experience, when there was no disclosure, that he received treble damages. He
endorsed putting it in the newsletter.
Leah Marinkovich, 28544 Montereina Drive, Rancho Palos Verdes, Rolling Hills
Riviera Home Owners Association, indicated she is the president. She thanked
Mayor Pro Tern Stern and Councilman Clark for attending their board meeting
held on May 23rd. These council members encouraged the HOA to list their
issues and to bring them before the Council. Those issues are as follows:
The Western Avenue Task Force appears to be flailing. There are issues with
the walls that need to be addressed, specifically holes and signage and the block
walls. She indicated no other specifics.
Ms. Marinkovich continued on to express grave concern over the traffic attendant
to Dodson Middle School, which now serves over 2400 students, with an
increase in student body anticipated. She indicated no help in traffic, either by
the Sheriff or anyone else in assisting the residents in getting in and out of their
properties. She requested help.
Ms. Marinkovich also addressed the last beautification program, where she
voiced concern over the potential legal exposure involving any of the areas that
were serviced by the program. She inquired into the possibility of obtaining
insurance for the volunteers that help.
Ms. Marinkovich protested the lighting provided by the Port of Los Angeles as
being an imposition on her. She requested lobbyists in Sacramento to speak on
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June 18, 2002
Page 9 of 18
behalf of the residents who are affected by the illumination the Port emanates,
and relief.
PUBLIC HEARINGS:
View Restoration Permit No. 118 — Appeal (1806 x 1203)
Peggy Collins, attorney for Lynn Doran, indicated a settlement had been reached
between the parties as follows: Ms. Doran has agreed to maintain the Italian
stone pine as it is presently trimmed; the holly tree will be removed and replaced
with a 24 -inch box tree; the Japanese black pine that's immediately behind the
holly tree will be trimmed and laced; all the other trees on the Doran property will
be trimmed to the ridgeline of the family home structure (not the garage). All of
these trimmings and trees will be kept that way every six months; if any of the
Japanese pines die because of the trimming, (there was concern about one), that
will be replaced with a 24 -inch box. All of this trimming will be done at the Beck's
expense. It will be done by Ms. Doran's arborist as long as it is at a competitive
rate.
Following the recitation of the settlement agreement, Ms. Collins requested a
refund of fees.
Mayor McTaggart asked for Mr. Beck's agreement on the settlement, to which
Mr. Beck replied affirmatively.
City Attorney Lynch requested that there be a withdrawal of their application once
their settlement is memorialized in writing.
Councilman Gardiner and Councilman Clark both express their appreciation and
congratulations to both parties for resolving this matter.
James Beck, 4115 Maritime Drive, Rancho Palos Verdes, expressed gratitude to
the Council members, and requested a refund of fees upon withdrawal of the
application.
Councilman Gardiner moved, seconded by Councilman Clark, for refund of
application fees for Lynn Doran and Mr. and Mrs. James Beck.
Warren Sweetnam, 7 Top Rail Lane, Rancho Palos Verdes, requested to speak
on this item to indicate the depth of the view ordinance as he was instrumental in
writing same ordinance. He indicated that the ordinance was to take care of
structures and foliage. The foliage was not to impair anyone's view after the
ordinance passed in November of 1989. Since then, the view restoration permit
process was implemented whereby if there was foliage that existed in November
'89 and a view owner wanted to have that removed, he had to pay for a permit
and he had to pay for the removal of the foliage.
City Council Minutes
June 18, 2002
Page 10 of 18
Mr. Sweetnam indicated for clarity that if the foliage is not over 12 years old and
hasn't been blocking the view for those 12 years, then it's the foliage owner's
responsibility to trim it, not the person requesting the trimming.
Councilwoman Ferraro moved, seconded by Mayor Pro Tern Stern, for refund of
application and appeal fees.
AYES: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart.
NOES: None
Long Point Resort Hotel: Conditional Use Permit No. 215 and Tentative
Parcel Map No. 26073 (1804 x 1410)
Mr. Mihranian presented the staff report indicating a revised plan proposed
improvements consisting of hotel accommodations and a public golf practice
facility will occur entirely on the Long Point property, which was once previously
referred to as the resort hotel area. The project will encompass 102.1 acres of
property and no longer includes the CIGNA parcel. There will be 400 hotel
rooms including freestanding bungalows. The hotel will include a conference -
banquet facility, villas, casitas, and a retail area. Additionally, the proposal
includes a golf clubhouse, spa facility, maintenance facilities, a new parking
structure, various pool and spa cabanas.
The architecture will resemble the theme of Mediterranean village with Spanish -
Italian elements to the exterior fagade. There will be a two -story parking
structure that will blend in with the grading of the hill. Furthermore, views of the
ocean are to be preserved as defined by the Pt. Fermin and Catalina view
corridors. All structures, including the villas, will be built according to height limits
established by the Coastal Specific Plan, as well as be constructed with a roof
ridgeline height that is lower than PV Drive South.
Another concern was considered, that being the villas will be sold to individual
investors, where they will have a limited stay of no more than 29 consecutive
days with a period of 90 days per year the maximum number of days that the
owner could occupy the villas. The casitas would similarly be sold and be
available to the owners for 29 consecutive days, except the maximum annual
stay would not exceed 60 days. Further, when the owners are not occupying
their villas or casitas, the units will be made available to the public through the
hotel.
The project also proposes public amenities consisting of a 2.2 -acre bluff -top park,
trails, bike lanes and 100 public parking spaces. The Planning Commission
conditioned the project so that the trails are designed according to ADA
regulations.
City Council Minutes
June 18, 2002
Page 11 of 18
To address traffic concerns, a shuttle service using low emission vehicles to and
from Ocean Trails running every half -hour is proposed.
Mayor McTaggart requested response from the developers on various issues.
The first issue was the elevation of the villas. According to the Mayor, the
verbiage was unclear as to the view of the rooftops, indicating that he has seen
"ugly" rooftops existing below grade.
He was also concerned about lighting, noise propagation, glare and reflection
from cars. Also he voiced concern over ample parking in light of a major event,
as well as employee parking.
Councilman Gardiner expressed concern about reviewing all of the issues in one
meeting, indicating it was impossible to cover them all. He suggested that a list
be made and that they be discussed one by one at subsequent meetings.
Councilman Clark agreed that taking it in piecemeal fashion as issues come up
would make it manageable. Mention was made regarding many subjects,
including Ocean Trails' involvement, trash and waste, 9 -hole golf course, traffic;
however, overwhelming speculation took over until these issues could be
addressed specifically.
Mike Mohler, 11777 San Vicente Boulevard, Suite 900, Los Angeles, Destination
Development Corp. Applicant, invited issues and questions with respect to the
project, and offered general assistance in clarifying areas of the project.
In regards to the parking, Mr. Mohler indicated that the structure proposed is
based on the exact footprint that had been approved previously, just adding
elevation.
Councilman Clark expressed concern over parking as well, indicating that special
events will impact the parking situation.
Mr. Mohler indicated that the parking ratio for this project is 1.5 cars per room, as
compared to 1.3 range utilized with other similar resort hotels with a golf amenity,
such as the La Costa resort in Carlsbad.
Mayor McTaggart renewed his concern over employee parking. Mr. Mohler
offered that the lower parking is reserved for employees.
Mr. Mohler said that a pool is planned to be built in the location of the former fish
tank that existed as part of Marineland, with an added coastal trail along the bluff
to the shore.. He also addressed concerns of the water quality, indicating that a
state -of -the -art system will be employed to assure the deliverance of quality
drinking water.
City Council Minutes
June 18, 2002
Page 12 of 18
Rob Lowe, 11777 San Vicente Boulevard, Suite 900, Los Angeles, Destination
Development Corp., addressed concerns regarding the villas and casitas. He
indicated that there were many other projects in which there was a blend of
casitas and villas, which he described as the hotel /rental management business.
He explained that when their owners are not utilizing the villas and casitas, the
hotel rents them out, which not only provides more hotel accommodations, but
also acts as an investment on the part of the individual owner to offset his
payment, and further provides capital.
Mayor McTaggart voiced concern on behalf of the residents that those investors
who purchase a share in the resort will have voting power. Councilwoman
Ferraro indicated that they would not qualify for voting privileges in RPV because
of the requirement to reside in the area for a minimum time.
Finally, Mayor McTaggart suggested that the Council list their questions, forward
them to Director Rojas, where the staff will compile the data and submit it to the
developers, who, in turn, will respond before the next meeting.
Recess and Reconvene: At 10:22 P.M., Mayor McTaggart recessed the
meeting, and he reconvened the meeting at 10:31 P.M.
Bob Nelson, 6612 Channelview Court, Rancho Palos Verdes, spoke in favor of
the project. He allayed concerns regarding the glare and lighting concerns by
explaining that his home is directly affected by the project. Currently, he offered
that supposedly lights and glare affect his property, but they do not. He indicated
that the only glare they see is off the ocean.
Sonja Hayes, 64 Via Capri, Rancho Palos Verdes, offered fervent support for this
project, indicating that the city is the perfect location in terms of weather, ocean
views, Ocean Trails Golf Course. She spoke to the possibility of local charities
utilizing this location for fundraising, as well as corporate events.
Bob Bush, 6030 Montemalaga Drive, Rancho Palos Verdes, thanked the Council
for lowering the speed limit on that street. Mr. Bush expressed his favor with the
project. He spoke about the developer and his personal experience with him
being commendatory.
Barbara Sattler, 1904 Avenida Aprenda, Rancho Palos Verdes, addressed the
issue of the El Segundo Blue Butterfly and wanted to know if the habitat will be
preserved. She indicated that the EIR, Resolution 37, does not include the
biological mitigation monitoring program and she would like to see those
documents merged.
Ms. Sattler also inquired as to whether there is a conservation plan at this point
for this project; and if so, what are the details. If there is no such plan, how can
we be assured that the impact will indeed be mitigated.
City Council Minutes
June 18, 2002
Page 13 of 18
Mr. Rojas indicated that there is no plan currently because the project is of no
threat to the habitat.
Mayor McTaggart offered to receive Ms. Sattler's documented questions and
look into finding the answers.
Mary Jane Schoenheider, 3700 Palos Verdes Drive North, Palos Verdes Estates,
Palos Verdes Concours D'Elegance, spoke in favor of the hotel for fundraising.
Anne Milliken, 13 Tramonto Drive, Rancho Palos Verdes, voiced a genuine
concern regarding increased traffic and the speed limit attendant to this stretch of
land. She indicated the decreased safety that an increase in traffic will bring,
especially to children who reside along P.V. Drive South. She revealed that the
speed limit is 40 miles per hour, often violated by passenger cars exceeding the
speed limit by 15 miles per hour, for a total speed of up to 55 miles per hour.
She testified to witnessing three accidents, two involving children as they were
trying to catch a bus, and one involving a cyclist.
Jack Downhill, 20 Vanderlip Drive, Rancho Palos Verdes, expressed a need for
the casitas and villas to have definition under CC& R's as to how exactly they
operate.
Jim Knight, 5 Cinnamon Lane, Rancho Palos Verdes, voiced grave concern over
conditional use permits, in that allowing temporary grading for events such as
filming may not be advisable because of the disruption to the land and the
habitat.
Mr. Knight also expressed concern over the El Segundo Blue and wanted
specifically to point out where on the setbacks of the bluffs the Blues were
identified.
Mr. Knight raised issues with regard to irrigation, indicating that the proposed
plan for irrigation may interrupt habitat and that there needs to be a plan in place
to assure that there is no chemical runoff, i.e., pesticides, that would interfere
with natural habitat.
Mr. Knight voiced concern over the pools and the possibility for landslide, so he
requested a full geological survey. Mayor McTaggart responded by indicating
that the Ocean Trails project offered great experience in double lining of pools.
Another point Mr. Knight raised was with regard to delivery trucks, air pollution,
gas pollution, and the overall impact of traffic on P.V. Drive South.
Leah Marinkovich, 28544 Montereina Drive, Rancho Palos Verdes, offered a
story of her son driving down P.V. Drive South when he was hit with a golf ball.
The damage came to approximately $500, and her son is safe. However, there
is no remedy if a golfer hits a ball and his identity is unknown. Ms. Marinkovich
City Council Minutes
June 18, 2002
Page 14 of 18
was glad to see the golf course ran the length of the road so that in the proposed
golf course, the golf balls will not be crossing P.V. Drive South.
Mike Mohler presented a Power Pointe presentation in 3 -D of the projected
resort. He was requested to, and agreed, that he would provide the city with a
copy of the Power Point presentation on CD.
Mayor McTaggart moved, seconded by Councilman Gardiner, to put this matter
over to the July 16 Council meeting.
ORDINANCE NO. 376U -Wind Energy Ordinance (1203 x 1601)
Councilman Gardiner moves to waive reading of staff report, seconded by
Councilwoman Ferraro.
Councilman Gardiner moved, seconded by Councilwoman Ferraro to ADOPT, as
amended, ORDINANCE NO. 376U, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES ADOPTING A WIND ENERGY ORDINANCE
PURSUANT TO ASSEMBLY BILL 1207 AND DECLARING THE URGENCY
THEREOF.
The motion carried on the following roll call vote:
Ayes:
Stern, Ferraro, Gardiner, Clark and Mayor McTaggart
Noes:
None
Absent:
None
Councilwoman Ferraro moved, seconded by Councilman Gardiner to
INTRODUCE, as amended, ORDINANCE NO. 3771 AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES, ADOPTING A WIND ENERGY
ORDINANCE PURSUANT TO ASSEMBLY BILL 1207.
The motion carried on the following roll call vote:
AYES: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart.
NOES: None
REGULAR BUSINESS
Appointment of chair for Emergency Preparedness Task Force (106 x 401)
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June 18, 2002
Page 15 of 18
Councilwoman Ferraro moved, seconded by Councilman Gardiner to appoint
Jack Karp chair of this task force, and to appoint Melvin Hughes and Richard
Smith as co -vice chairs. Motion carried without objection.
Purchase of Emergency Generator for the Abalone Cove Sewer System
(1900 x 1204)
Councilman Gardiner moved, seconded by Councilwoman Ferraro to waive the
staff report. Motion carried.
Councilman Gardiner moved, seconded by Councilwoman Ferraro to adopt the
staff recommendation to award a contract under the provisions of Municipal Code
2.44.140 (d) to Sun Electric to obtain atrailer- mounted emergency generator for
the Abalone Cove Sewer System for a cost of $16,023.91 and authorize staff to
spend an additional $1,976.09 for possible additional work or unforeseen
conditions for a total authorization of $18,000.00. Motion carried on the following
roll call vote:
AYES: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart.
NOES: None
California Redemption /Refund Value Payment And Contract Amendment
(1301 x 1204)
Councilman Gardiner moved, seconded by Councilwoman Ferraro, to waive
reading of the staff report.
Councilwoman Ferraro moved, seconded by Mayor Pro Tern Stern, to adopt the
staff recommendation to prepare a contract amendment for the City's exclusive
residential solid waste and recycling agreements with Ivy Rubbish Disposal and
Waste Management of Los Angeles clarifying the language on payment of
California Redemption /Refund Value (CRV) revenue to the City. Motion carried
without objection.
Adoption of Resolution Establishing Salary and Hourly ranges for all
Competitive and Management Job Classifications (1202)
Mr. Evans described the procedure by which every three years approximately,
salaries are evaluated in comparison with what other cities in our geographic
area are paying for similar positions and relative responsibilities. He further
indicated that all non- management positions were surveyed; however, the
assistant city manager, department heads, deputy of public works director and
the deputy - planning director are not included in the study.
Of those surveyed, the salaries of the comparable cities are listed on Page 18 of
the report.
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June 18, 2002
Page 16 of 18
The recommendation by staff is that the Council approve a 60th percentile
increase in the salary ranges. This will hopefully prevent turnaround on staff
while improving recruitment.
Mr. Evans recommended a professional firm be hired to do more of a
sophisticated study of the department heads.
Councilman Clark suggested performing exit interviews to those employees who
leave the employ of the city, to which Mr. Evans responded that these exit
interviews are already being conducted. Two of the main reasons included
geographic desirability and no room for advancement.
Mr. Evans indicated that there is money in the budget to accommodate merit
increases. The gist of the request is that the Council approves the percentages
up to 60 percent in the salary ranges only, while keeping the salaries where they
are. Councilman Gardiner suggested moving the percentage up to 75 or 80
percent.
Mayor McTaggart suggested that aiming for a higher level would be a great
source of problem solving.
Councilman Clark moved, seconded by Councilman Gardiner, to adopt
recommendation of staff with the revision to increase the salary range for the
mid - career professional planners, engineers and accountants to the range of 75
percent. It was the consensus that such a resolution would be placed on the
consent calendar for the next meeting.
League of California Cities Resolution (310)
Councilman Gardiner moved, seconded by Mayor Pro Tern Stern to waive
reading of staff report.
Mayor McTaggart noted that Councilman Larry Clark would be submitting this
resolution on behalf of the City.
Councilman Gardiner moved, seconded by Mayor Pro Tern Stern to authorize
Councilmember Larry Clark to submit a Resolution to the California League of
Cities Advocating the Development of Additional Funds to Support Conversion of
Overhead Utilities to Underground. Motion carried without objection.
Applicants for View Restoration Mediator Positions (106)
Councilman Gardiner suggested that the applicants provide an explanation as to
why they think they're qualified to be mediator. Mayor Pro Tern Stern agreed
and requested that the applicants bring their summary when they interview.
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June 18, 2002
Page 17 of 18
Mayor McTaggart requested to schedule the appointment of mediators for July
2nd, 6:00, closed session.
ADJOURNMENT:
The meeting was adjourned at 12:28 P.M. on motion of Councilwoman Ferraro.
ATTEST:
WA2002 City Council Minutes\06182002 cc mins.doc
City Council Minutes
June 18, 2002
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