CC MINS 20020702MINUTES
RANCHO PALOS VERDES CITY COUNCIL
JULY 29 2002
The meeting was called to order at 6:00 P.M. by Mayor McTaggart at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, and was immediately recessed to
a closed session per the Brown Act Checklist. The meeting was reconvened at
7:05 P.M. by Mayor McTaggart.
After Director Rojas led the Salute to the Flag, 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; City
Clerk/Administrative Services Director Jo Purcell; and Recording Secretary
Bothe.
CEREMONIALS MATTERS:
Mayor McTaggart announced the four recycle drawing winners who will receive a
check for $250, which represents a year of free refuse service: Helen Faerber, 4
Figtree; James E. Michaels, 6525 Via Siena; Joseph Pelezzare, 4948 Rockvalley
Road; and Robert Ackerman, 93 Hilltop Circle.
APPROVAL OF AGENDA:
Councilman Gardiner requested that Agenda Item No. 10, Appeal of Height
Variation No. 930 and Grading Permit No. 2279, be removed from the Consent
Calendar; and City Manager Evans requested that Agenda Item No. 6, Re-
appropriation of Funds for the Tree - Trimming for View Restoration and View
Preservation Program, be removed and addressed at a future meeting.
There being no objection, Mayor Pro Tern Stern moved approval of the Agenda
as amended. Motion seconded by Councilwoman Ferraro and carried.
APPROVAL OF CONSENT CALENDAR
Mayor pro tem Stern moved, seconded by Councilwoman Ferraro, to approve the
Consent Calendar as amended.
Minutes of April 30, May 20, May 21, and June 12, 2002 (301)
Following brief discussion, it was the consensus of the City Council to delay
approval of the Minutes to the next City Council meeting in order to provide the
City Council additional time to submit changes to staff.
Claim against the City by Jelena Berkovich (303)
Rejected the claim and directed the City Clerk to notify the claimant.
Notice of Completion for the Fiscal Year 2001 -2002 Arterial Rehabilitation
Program (1204 x 1405)
(1) Accepted the work as complete. (2) Authorized the City Clerk to record the
Notice of Completion with the County Recorder; and, if no claims are filed 35
days after recordation, notify the surety company to exonerate the Payment and
Performance Bonds. (3) Authorized the Director of Public Works to release the
10% retention payment to Sully - Miller Contracting Company 35 days after
recordation of the Notice of Completion by the County Recorder contingent upon
claims being filed against the project.
Ordinance No. 377 -Wind Energy Ordinance (1203 x 1601 x 1801)
ADOPTED ORDINANCE NO. 377 AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES ENACTING A WIND ENERGY ORDINANCE PURSUANT TO
ASSEMBLY BILL 1207. (This ordinance was introduced at the June 18tH
meeting.)
Resol. No. 2002 -51 - Re- appropriation of Funds for the Tree Trimming for
View Restoration and View Preservation Program (1203 x 1806)
ADOPTED RESOLUTION 2002 -51, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION
2002 -457 THE BUDGET APPROPRIATION FOR FISCAL YEAR 2002 -03, FOR A
BUDGET ADJUSTMENT TO THE CITY'S VIEW RESTORATION PROGRAM
WITHIN THE GENERAL FUND.
Resolution Nos. 2002 -52, 53 & 54 - Large Domestic Animal Nonconformity
Statement No. 3 (Bars, 1 Peppertree Drive), No. 8 (Sunshine 6 Limetree
Lane) and No. 19 (Downhill, 20 Vanderlip Drive) (1203 x 1804)
ADOPTED RESOLUTION NOS. 2002 -527 2002 -537 AND 2002 -54,
MEMORIALIZING THE CITY COUNCIL'S ACTION OF JUNE 121 20027 WITH
City Council Minutes
July 2, 2002
Page 2 of 20
RESPECT TO LARGE DOMESTIC ANIMAL NONCONFORMITY STATEMENT
NOS. 3,8 AND 19, RESPECTIVELY.
Resol. No. 2002 -55 - Peninsula Seniors Grant Extension (602 x 1101)
ADOPTED RESOLUTION N0. 2002 -55 AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT EXTENSION WITH THE CALIFORNIA
DEPARTMENT OF AGING TO OBTAIN THE REMAINING BALANCE OF A
$25,000 GRANT FOR THE PENINSULA SENIORS DURING FY 02 -03.
May 2002 Treasurer's Report (602)
Received and filed.
Appeal of Height Variation No. 930 and Grading Permit No. 2279 (1203 x
1801)
Councilman Gardiner noted his understanding that this body had concluded that
there was a view blockage; that the neighborhood was not in transition; that the
house was too big for the lot; that this body had reservations about digging holes
in the ground to lower houses; and that this body had moved to sustain the
appeal, to reject the application without prejudice. He expressed his belief that
the proposed resolution did not capture what the City Council voted on; that he
does not recall the City Council's motion including, for instance, "The design of
the structure can be further modified to minimize view impacts to neighboring
properties by further reducing the height, bulk and mass of the overall building" or
that "The proposed structure is not compatible with the character of the
immediate neighborhood because at 3,921 square feet, although not the largest
home on Nancy Road..." He expressed his belief that it was the City Council's
discussion that there may be larger homes, but that they're on much larger lots;
that it was the ratio of the size of the home on the lot that drew this body's
attention, not just the 3,921 square feet. He stated that he did not recall
discussing the City Council's concurrence with the Planning Commission's denial
of the minor exception permit.
City Attorney Lynch clarified that there was no appeal on the minor exception
permit denial; that staff was attempting to make the record clear that the City
Council had not changed the minor exception permit determination that was
made by the Planning Commission.
Mayor pro tem Stern suggested that wording be added to reflect that there was
no appeal of the matter and that for purposes of clarification, this wording be
added in the future when an item is denied by the Planning Commission and not
appealed to the City Council.
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July 2, 2002
Page 3 of 20
City Attorney Lynch stated that wording would be added to clarify this matter.
Councilman Gardiner suggested that on Page 5 of the proposed resolution, that
the following sentence be deleted: "Furthermore, the City Council finds that the
design of the structure can be further modified to minimize view impacts to
neighboring properties by further reducing the height, bulk and mass of the
overall building" and to delete the phrase in Paragraph C, "although not the
largest home on Nancy Road "; , and to revise Section 4 to state that the minor
exception permit was not considered by the City Council.
With regard to the last page of the proposed resolution, second paragraph, City
Attorney Lynch stated that the following language would be rewritten: "The City
Council concurs with the Planning Commission's denial of the Minor Exception
Permit."
It was the consensus of the City Council to bring this matter back on the next
Consent Calendar.
Councilman Clark stated that he would abstain from this item because he had not
been present when it was discussed at the prior meeting.
Councilman Gardiner suggested that the wording be more specific, reflecting that
the City Council did not find the neighborhood in transition, etc., that wording
reflect the issues for the City Council's findings of fact for disagreement — noting
that the findings of fact for agreement/disagreement will be different on a case -
by -case basis.
Mayor pro tem Stern noted the importance for the Planning Commission to
understand where the City Council stands on a certain item and that as much of
the City Council's rationale is reflected in the written materials.
Councilman Clark stated that specific direction to the Planning Commission
would be useful; and that there may be instances which arise where the City
Council needs to get together with the Planning Commission in a workshop
forum to go over trends or areas that need discussion between the two bodies.
Staff noted that revised language would be presented at the next City Council
meeting.
Resol. No. 2002 -56 - Register of Demands (602)
ADOPTED RESOLUTION NO. 2002 -56, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN
City Council Minutes
July 2, 2002
Page 4 of 20
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, Mayor Pro Tern Stern & Mayor
McTaggart
NOES: None
ABSTAIN: Councilman Clark on the Large Domestic Animal
Resolutions
REGULAR BUSINESS:
Appointment of View Restoration Mediators (301 x 1806)
City Clerk Purcell briefly presented staff recommendation to appoint five
mediators, which were interviewed from a group at the 6:00 P.M. meeting, to
carry out the work of the View Restoration Commission, serving as an adjunct to
the Planning Commission, and to determine if three mediators should be
appointed for a four -year term of office and two mediators appointed for a two -
year term of office. City Clerk Purcell advised that Debra Pole withdrew her
name for consideration.
The votes cast for the View Restoration Mediators are as follows:
Mayor McTaggart - Gil Alberio, Neva Drages, Ken Dyda, Bruce Franklin, and Jim
Slayden.
Mayor pro tem Stern - Neva Drages, Ken Dyda, Bruce Franklin, Jim Slayden,
and Paul Weber.
Councilman Clark - Neva Drages, Ken Dyda, Bruce Franklin, Jim Slayden, and
Paul Weber.
Councilwoman Ferraro - Gil Alberio, Neva Drages, Ken Dyda, Bruce Franklin,
and Jim Slayden,
Councilman Gardiner - Ken Dyda, Jim Slayden, and Paul Weber.
City Council Minutes
July 2, 2002
Page 5 of 20
Following the vote by the City Council, the following individuals were selected to
serve on the View Restoration Commission:
Neva Drages, 4 -year term;
Ken Dyda, 4 -year term;
Bruce Franklin, 2 -year term;
Jim Slayden, 2 -year term;
Paul R. Weber, 4 -year term.
Request for City Grant for S.H.A.W.L. (602 x 1101)
Assistant City Manager Petru presented staff report and the recommendation to
award a grant in the amount of $3,000 to S.H.A.W.L. (Support for Harbor Area
Women's Lives).
Becky Clark, representing S.H.A.W.L, explained that this organization provides a
home for homeless, alcohol /drug addicted women, a residential chemical
dependency house which can serve up to 12 women at a time; advised that the
clients must follow a 12 -step program; stated that the graduates of the
S.H.A.W.L. house can move across the street to reside in the Haviland House,
where they receive educational training and are assisted in becoming productive
members of the workforce. Ms. Clark advised that the S.H.A.W.L. agency also
helps to get these women reunited with their families. She added that
S.H.A.W.L. is primarily supported by St. Peters by the Sea Church; and she
advised that the program has a successfully low recidivism rate.
Councilwoman Ferraro noted her support for this organization.
Councilwoman Ferraro- moved, seconded by Mayor Pro Tern Stern, to concur
with staff's recommendation for approval of the request. Motion carried on the
following roll call vote:
Ayes: Mayor Pro Tem Stern, Clark, Ferraro, Gardiner & Mayor McTaggart
Noes: None
Contract with the Los Angeles County Sheriff's Department (1206)
City Council Minutes
July 2, 2002
Page 6 of 20
Assistant City Manager Petru presented staff report and the recommendation to
authorize the Mayor to sign the contract with the Los Angeles County Sheriff's
Department for FY 02 -03.
Assistant City Manager Petru clarified for Councilman Clark that the City receives
reimbursement for a few of the programs -- CORE Deputies, Student and the
Law, and the Sobriety Checkpoint programs from the two other cities (Rolling
Hills Estates and Rolling Hills).
City Manager Evans stated that this reimbursement agreement has been in effect
for many years.
Mayor McTaggart explained that this is essentially one contract covering the
three cities; and that the percentages owed by each city are calculated based on
the number of incidents, including tickets, calls to the police, false alarms, etc.
that occur during the previous year.
City Clerk Purcell explained for Councilman Clark that this is a regional contract;
and that the City is promptly reimbursed by the two other cities for their pro rata
share of bills submitted by the Sheriff's Department for the three regional cities.
Assistant City Manager Petru confirmed for Councilman Gardiner that it is not a
10.2 percent increase, as had been indicated during adoption of the FY02 -03
budget.
City Manager Evans explained that the budget for the Sheriff is not included in
just one part of the budget; that the City is reimbursed approximately $120,000
annually by the two other cities; and that the $2.9 million contract proposed for
signing does not reflect the $120,000 reimbursement nor does it reflect all the
other costs fed through the budget. City Manager Evans clarified that the
Sheriff's contract has actually increased 3.8 percent; that the amount the City
pays is based on actual services that have been provided; and he mentioned that
the final figures in the last few years have come in under budget.
Lieutenant John Herrera stated that no cut in services is being proposed for
these three contract cities; explained that the $120,000 reimbursed is to pay for
the three CORE deputies that the region pays for; and he explained that because
this is considered a low -crime area, the services calculated have gone down from
66 percent to 63 percent, not the level of service, and that this decrease in calls
saved the City approximately $19,000 last year.
Councilwoman Ferraro moved, seconded by Mayor pro tem Stern, to approve
staff's recommendation. Motion carried on the following roll call vote:
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July 2, 2002
Page 7 of 20
Ayes: Stern, Clark, Ferraro, Gardiner & Mayor McTaggart
Noes: None
California Law Enforcement Equipment Program (CLEEP) (1206)
City Manager Evans briefly presented staff report and staff's recommendation to
approve the Memorandum of Understanding Between the Los Angeles County
Sheriff and the City of Rancho Palos Verdes authorizing payment of the City's
$115,538 2000 -01 CLEEP Grant, in two equal installments, to the Los Angeles
County Sheriff for the purpose of designing, building, and adapting the hardware
and software and converting and warehousing the data for the LARCIS
database.
Councilwoman Ferraro moved, seconded by Councilman Gardiner, to approve
staff's recommendation. Motion carried on the following roll call vote:
Ayes: Stern, Ferraro, Gardiner & Mayor McTaggart
Noes: None
Absent: Clark
(At 8:46 P.M. Councilman Clark departed the room during discussion and vote of
this item.)
Resolution No. 2002 -56 - Establishing Salary and Hourly Ranges for all
Competitive and Management Job Classifications (1101 x 1202)
City Manager Evans presented staff report and the recommendation to consider
adopting RESOLUTION NO. 2002 -56, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING SALARY AND
HOURLY RANGES FOR ALL COMPETITIVE AND MANAGEMENT EMPLOYEE
JOB CLASSIFICATIONS AT THE 75TH PERCENTILE.
(Councilman Clark returned to the meeting, the time being 8:49 P.M.)
City Manager Evans explained that raising the salary ranges to the 75tH
percentile would help to keep employees from leaving the City for higher salaries
elsewhere.
Councilman Gardiner stated that what is not reflected on the balance sheet is the
human asset account -- pointing out that every time an employee leaves a place
of business, it creates training costs and other turnover costs.
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July 2, 2002
Page 8 of 20
Mayor pro tern Stern moved, seconded by Councilwoman Ferraro, to concur with
staff's recommendation; and requested that staff communicate to the City
employees City Council's appreciation of their hard work. Motion unanimously
carried.
Cable Rate Increases (1101 x 605)
Assistant City Manager Petru presented staff report and explained that the City
does not have control over the cable rates because it is preempted by Federal
law; advised that. the FCC only has control over the rates that are charged for
basic service, installation and equipment rental — pointing out that those fees are
regulated by setting benchmarks each year; and that cable companies are able
to have their rates fixed anywhere at or below that benchmark. She stated that
the major increases are with premium channels being charged to the cable
companies that are being passed on to the consumers.
Mayor McTaggart stated that even those consumers who don't have the premium
channels got a substantial increase in their bills.
Councilman Clark pointed out that Cox is charging below the benchmark; and he
suggested that staff put an explanation of this issue on the City's website and in
the City's newsletter.
Border Issues Status Report (310)
Senior Planner Fox presented staff report and the recommendation to review the
current status of border issues, and provide direction to the City Council
Committee and staff. He added that a copy of the appeal form and cover letter
that Ms. Sandell submitted to the City of Los Angeles had been provided to the
City Council; and noted that her appeal of the zone boundary adjustment for the
Garden Village Shopping Center cites unknown future risks to her property and
unresolved litigation.
Mayor McTaggart highlighted his concern that Caltrans has now changed its
opinion that the storm drains did not leak and cause the problem at the shopping
center.
Mayor pro tem Stern stated that while Ms. Sandell has a right to protect and
preserve her rights by way of appealing this zoning change, the discussion
should focus on the narrow issue of zoning.
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July 2, 2002
Page 9 of 20
Mayor McTaggart stated that he does not want to abandon Ms. Sandell on this
problem but agrees with Mayor pro tem Stern that tonight's discussion should be
limited to zoning.
City Manager Evans clarified for Mayor McTaggart that the City's geologist had
not inspected the line and that the geologist had said if the lines do leak, there
could be a problem.
Several speakers addressed the proposed South Coast County Golf Course on
the site of the former Palos Verdes Landfill:
Jim Tarr, 63 Ranchview, RHE, expressed his concern with the huge quantity of
waste materials buried in the Palos Verdes Landfill; stated that no technology
exists to control the chemical and biological changes into the future; noted that
dangerous gas and liquid toxins will impinge on the neighboring residents for
years. Mr. Tarr expressed his belief that to date, comprehensive ambient air
monitoring has not been done around this landfill; and urged that this monitoring
be done, specifically that around Rancho Vista School. Mr. Tarr stated that the
materials that were disposed of in this landfill will create very serious air pollution
impacts to the community and that these impacts have not been addressed in the
fact sheets. Mr. Tarr submitted a list of what he considers to be a minimum
description of comprehensive ambient air monitoring that ought to be done at the
Rancho Vista School; and stated that it is time for the Sanitation District to take a
comprehensive look at the air pollution potential of this site and its impacts to the
community and that an ambient monitoring system should be put in place and
operated into the future to determine what's actually going on at that school.
Edward Hummel, 6903 Hartcrest Drive RPV, stated that the EPA has noted that
an earlier sampling of the soil at this site contained elevated levels /concentration
of heavy metals and that the ground water beneath this site was contaminated
with organic compounds and heavy metals; he expressed his concern with the
negative impacts to the ground water and the air into the future; and urged that
the public be fully informed of what is going on with this landfill and its impacts to
the health and safety of the residents. He urged the City to support the concept
of putting a hold on any plans to develop on the landfill and to support the
concept of best practice technology to clarify if any airborne toxins are currently
being released, as well as the extent of any current soil and water contamination.
Bruce Trotman, 4029 Via Pima PVE noted his opposition to building a golf
course on the Palos Verdes Landfill site; expressed his concern that no manifest
system was in place for materials being dumped in the landfill from 1952 through
1970 — pointing out that it is not known what exactly exists at this site; and
advised that this landfill was receiving approximately 40 percent of all hazardous
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July 2, 2002
Pagel 0 of 20
industrial waste from Los Angeles County in the 1970's. Mr. Trotman stated that
there is no protective bottom liner; advised that this landfill is within 1,200 feet of
an active seismic fault line; and noted his concern with the proposed 400,000
gallons of water per day being put on the proposed golf course — believing that
this amount of water will only exacerbate further migration of contaminants and
landslides.
Joan Davidson, 1525 Via, Arco,, PVE, expressed her concern that the EPA data
only documented six years of the hazardous waste operations, not the 17 years
this landfill was operating; noted her concern with the lack of a liner and with this
site being within 1,200 feet of a known seismic zone; and she questioned who
will be legally responsible if landslides occur should this project go forward.
Christina, Zimmerman!, 19 Ranchview, RHE, expressed her concern with the
close proximity of this toxic landfill to surrounding residents, schools, churches
and equestrian center; stated that this landfill is at least 100 feet higher in
elevation than the homes surrounding it; and that, therefore, any problems
developed will adversely affect those residents below the landfill. She urged that
all concerned be given ample time to review the EIR and to have enough time to
comment.
Jim Stahl, Chief ,Engineer and General Manager of the County Sanitation District,
explained that one of the Sanitation District's main responsibilities is to safely
maintain this closed landfill — pointing out that the primary focus is on the
protection of public health and safety and the environment. Mr. Stahl explained
that currently, the PV Landfill is an extensively, environmentally controlled
system that provides a safe environment for the surrounding community,
including that of the children who attend Rancho Vista School. He noted that that
is not only the Sanitation District's firm belief, but also the conclusion of an 8 -year
study that was conducted and supervised by the State Department of Toxic
Substances Control (DTSC); and added that the 8 -year study used a very
conservative methodology to reach the conclusion that the landfill was safe. He
mentioned that this site is not an EPA Superfund site. He explained that tests
were extensively performed for air pathways, surface water pathways, ground
water and soil; advised that many community meetings were held to receive
public input; and stated that the Sanitation District is diligently and proactively
working with the school district to make sure that sufficient testing is done at the
site to the school district's satisfaction. He reiterated that the Sanitation District
believes the testing has been sufficient to assure that there is not a significant
health risk to the children or to the surrounding community; stated that the
Sanitation District will continue to cooperate with the school district to do
additional testing; and that the test results will be shared with the public. He
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July 2, 2002
Page 11 of 20
added that the most recent testing has concluded and confirms for the Sanitation
District that the air at the landfill and school is at acceptable levels.
In response to the previous speakers' comments /concerns, Mr. Stahl stated that
the Sanitation District is aware of the nature of the compounds coming out of this
landfill; explained that the end result of the testing resulted in 1.4 additional
cancer risk per million people, which assumes 95 percent efficiency of the gas
recovery system; and added that AQMD's statistics reflect an average ambient
air risk in the southwest air basin around 1,400 per million. Mr. Stahl urged
everyone to keep an open mind and to look at the data provided by professional
agencies; and he assured the residents that cutting -edge technology is being
utilized to provide the most environmentally sound ecosystem at this landfill and
that the Sanitation District will maintain these extensive efforts into the future.
Mr. Stahl stated for Mayor McTaggart that the Sanitation District is neither a
proponent nor an opponent for the development of a golf course; and that the
decision for the development of the golf course will be in the hands of the County
of Los Angeles and this City.
Addressing Councilman Clark's question concerning the lack of a systems
manifest at this site for a number of years, Mr. Stahl explained that from 1957 to
1964 there was not a manifest system; that for a period of years after that, it was
required to record the liquids that came in; and advised that those records reside
with the County Engineer. Mr. Stahl explained that the Sanitation District's focus
is to provide for the protection of the waste that is there regardless of what toxins
were dumped on site; advised that the Sanitation District has all the necessary
monitoring systems to monitor water or gas that might leave the site; and pointed
out that if there were a manifest system in those years, it still would not change
the Sanitation District's approach /management that it has taken with regard to
the environmental protection systems that are in place to date.
In response to Councilwoman Ferraro's question with regard to the cap on site
and the toxic plumes traveling near Hawthorne Boulevard, Mr. Stahl explained
that there was not a formal requirement of capping the site off when this landfill
was closed; and that based on the detailed analysis performed by DTSC, it is
shown that this site is very tight. Mr. Stahl confirmed that there is a gas plume
that got offsite down Hawthorne Boulevard, but explained that this condition is
extensively and routinely monitored. He explained that it is known by way of
routine samples that are taken that this condition has reached a steady state as
far as its advancement is concerned; and that it is also known that the
constituents that are in that plume are going down in concentration due to the
natural degradation processes that are taking place. Mr. Stahl explained that the
Sanitation District does not believe it was a plume that left the site as much as it
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July 2, 2002
Page 12 of 20
was water that passed through lenses of landfill gas, but regardless, there is an
impact offsite from the landfill along Hawthorne Boulevard, which is believed to
be under control. Mr. Stahl noted that other regulatory agencies concur with the
Sanitation District's findings in this regard.
Mr. Stahl stated that as far as the cap of the landfill is concerned, while the
Sanitation District did not put on a formal cap that is required today, it believes
that the testing performed shows that the approximate foot - and -a -half clay cap is
effective.
Also speaking for the Sanitation District was John Gulledge, who explained that
in terms of the cap that is on the site that the Sanitation District constructed a
five -foot monolayer type cap with reasonable consistency in terms of permeability
throughout that entire layer; that the five -foot high clay content is relatively
impermeable and is larger than the one -foot layer recommended by today's
prescriptive standards.
Councilman Gardiner stated that he would prefer to see a system in place to
clearly identify and measure what the dangers are; and that a collective effort
take place to sort out and highlight the facts and to discard non - factual
assertions.
Mayor pro tem Stern stated that the question should first be answered as to
whether or not this landfill is safe for the community and its residents; that if it is
not safe, that actions be taken to assure the safety of the community; and to
determine if development on this site will create additional risk.
Mayor McTaggart stated that the approximately 400,000 gallons of water a day
over the entire surface of the proposed golf course should be included in the
equation of whether or not it would exacerbate any risk.
Mr. Stahl stated that the Sanitation District does extensive air monitoring at this
site; that the concentrations are considered very low levels that are in
accordance with AQMD standards. Mr. Stahl reiterated that these reports are
available to the public.
Councilman Gardiner, echoed by Councilman Clark, stated that the facts should
be cleared up and presented in workshop settings and to include residents
throughout the Peninsula.
Mayor McTaggart stated that the County needs to determine if this landfill is safe
and proceed from that point.
City Council Minutes
July 2, 2002
Page 13 of 20
Councilwoman Ferraro concurred that a determination should be made for the
safety of this landfill and stated that a further determination will have to be made
as to whether any development on this site will destabilize the protection system
that's in place.
Mr. Hummel noted his appreciation for the City Council's discussion of this
matter.
Ms. Davidson requested that the Final Closure Report for the landfill be made
available for public review.
RECESS & RECONVENE
At 9:31 P.M., Mayor McTaggart declared a recess. The meeting was
reconvened at 9:39 P.M.
PUBLIC COMMENTS
Lois Larue, 3136 Barkentine� Road, stated that with regard to wind energy,
Southern California Edison will continue to charge fees on their meters and
wiring; and questioned if the City is planning to conduct geology testing before
undergrounding activities take place in lower Abalone Cove.
In response to Ms. Larue's comment concerning wind energy, Mayor McTaggart
explained that the wind energy proposition is from Sacramento and that the City
is still required to put it in place.
Resol. No. 2002 -57 -Roof repair and replacement project (1204)
Councilman Gardiner moved, seconded by Councilwoman Ferraro, to waive staff
report. No objection was noted.
Staff recommendation was to (1) Award a contract for the repair and replacement
of roofs on City -owned buildings to Commercial Roofing for an amount not to
exceed $67,978 and authorize staff to spend an additional $6,797 for possible
extra work for a total authorization of $74,775. (2) Authorize the Mayor and the
City Clerk to execute a contract with Commercial Roofing. (3) Authorize the
expenditure of up to $2,500 for inspection services with Charles Abbott
Associates, Inc. (4) ADOPT RESOLUTION 2002 -57, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING
RESOLUTION 2002 -45, THE BUDGET APPROPRIATION FOR FISCAL YEAR
2002 -2003, FOR A BUDGET ADJUSTMENT TO THE CITY'S BUILDING
REPLACEMENT FUND.
City Council Minutes
July 2, 2002
Page 14 of 20
Director Allison explained that the lowest bid of $52,000 was deemed non-
responsive because it did not provide a complete list of pricing on all of the
required items.
City Attorney Lynch explained that the contract with Commercial Roofing would
be legal due to the lowest bidder having been deemed a non - responsive bidder.
Mayor pro tem Stern moved, seconded by Councilman Gardiner, to concur with
staff's recommendation. Motion carried on the following roll call vote:
Ayes: Stern, Clark, Ferraro, Gardiner & Mayor McTaggart
Noes: None
Open Space Planning And Recreation And Parks Task Force Scope Of
Work and Funding Proposal (1201)
City Manager Evans presented staff report and the recommendation to approve a
scope of work for the newly formed Open Space Planning, Recreation and Parks
Task Force and establish a budget of $100,000 for contract assistance for the
Task Force.
Councilman Clark suggested that the task force be provided the scope of work as
outlined in staff report; that the task force be charged with placing a priority on
this scope of work and present the list of suggested priorities and its proposal on
the process and implementation of accomplishing those tasks to City Council
some time in October.
It was the consensus of the City Council that the task force provide a priority and
operational timeline report by October; and that the City Council agreed that
appropriating $100,000 from the reserves is unnecessary at this point in time;
and that during the next 12 -month period, funding for the operation of this task
force will be provided incrementally, if necessary.
Mayor pro tem Stern concurred with Councilman Clark that the City Council
adequately defined for the task force the general parameters which it needs to
operate; that he believed that the seven suggested tasks to be accomplished in
the staff report was a solid starting point; and that the task force provide its own
suggestions on what should be added to the list.
Councilman Gardiner expressed caution
research — pointing out that the returns
holding a series of public meetings
information from comparable cities.
in sponsoring field research or survey
are routinely dismal; and he suggested
to obtain public input and to obtain
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July 2, 2002
Page 15 of 20
Councilwoman Ferraro suggested taking a look at the demographics and the
need for input on what facilities might be needed.
Councilman Clark suggested that this matter be placed on the City's website for
public input.
City Manager Evans clarified that the City Council's intent is to accept the
suggested tasks 1 through 7 and to add an additional item that the task force
identify its suggested list of priorities and present a timeline to the City Council for
approval.
Councilman Clark moved, seconded by Councilwoman Ferraro, to concur with
the list of 7 tasks and to include an additional item that the task force identify its
suggested list of priorities to be presented to City Council by October, including
their own suggestions to focus on; that the task force is to develop its own
process and prioritization of the tasks to be accomplished; and that the task force
report back to the City Council by mid - October 2002 with a list of priorities to first
accomplish.
Director Rosenfeld explained that some additional financial resources will be
necessary to staff the task force; and stated that he will be the main staff liaison
to the task force.
Councilman Gardiner suggested adding $25,000 as seed money to start this
process.
Councilman Clark amended his motion to include $25,000 to assist staff with the
startup of this project. Councilwoman Ferraro concurred. There being no
objection, Mayor McTaggart so ordered.
City Manager Evans stated that a resolution would be presented to City Council
that appropriates those funds and identifies the source of funding.
November 2002 Election: Term Limits Ballot Initiative (501)
The recommendation was to approve a description of the Council's request for
citizen input regarding a possible November ballot initiative establishing term
limits for posting on the City's website.
City Manager Evans highlighted Councilman Clark's suggestion that the question
regarding term limits be placed on the City's website to give it a little more
exposure; and he solicited suggestions as to the wording to be placed on the
website in regard to this matter.
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July 2, 2002
Page 16 of 20
Councilman Clark explained that his idea for putting this issue on the City's
website is to assist in gaining community input and to be able to clarify the
question of should the Council sponsor a Term Limits ballot initiative on the
November 2002 ballot. Councilman Clark said he viewed this as a public policy
issue.
Mayor McTaggart stated that the potential costs for this ballot initiative should
also be reflected on the website.
Mayor pro tem Stern questioned that should the initiative appear on the 2002
ballot, what are the implications. He stated that one implication of being on the
2002 ballot is that the City will incur an additional cost because that will be an
election that the City otherwise would not have conducted — pointing out that this
can cost approximately $30,000 to $41,000. He questioned that if the City
delayed it to November 2003, what is the difference in the financial aspects and
what is the difference in the sense of does it change any result in terms of when
people are termed out. Mayor pro tem Stern questioned if there is a difference in
the impact if the City delays this to 2003.
City Attorney Lynch explained that dependent on the timing of what the County
does, it could have an impact on the actual number of terms a candidate can
serve; that the initiative becomes effective when the canvass of returns occurs
and when it is certified, which typically happens on time; and that if it occurs prior
to the installation of the Councilmembers, then any Councilmember who is
installed is subject to that provision.
City Clerk Purcell advised that if the City Council wants this initiative on the
November 2002 ballot, it would have to meet the August 6 deadline to adopt
resolutions calling for an election.
Councilman Clark suggested refining Question No. 1, that should the answer be
yes, term limits should be in place, that the cost of the 2002 initiative should be
included, approximately $41,000; and that the approximate cost of a 2003
initiative should also appear.
Mayor pro tem Stern expressed his belief that there is no urgency in placing this
matter on a November 2002 ballot; stated that delaying it would save several
thousand dollars; and suggested only including Question No. 1 on the website,
not the cost.
Mayor McTaggart. questioned how the City can regulate /restrict the survey
respondents to RPV residents only and how does the City obtain input from
those who don't use the Internet.
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July 2, 2002
Page 17 of 20
Councilman Gardiner concurred that there is no way to restrict the voting to RPV
residents only and the number of times they vote online; and suggested that a
decision be made to foster communication this evening or to continue this matter
as is for another month until the City gets a sense of what the public is sending in
for input.
Councilman Gardiner expressed his desire that the cost of the ballot be included
on the City's website.
Mayor McTaggart expressed his belief that this issue is unnecessary, pointing
out that the residents in this community can turn out a Councilmember when they
want to.
Mayor pro tern Stern moved, seconded by Councilman Gardiner, that this issue
not be placed on the November 2002 ballot, but rather the 2003 ballot if that is
the community's desire; and that the estimated cost of this initiative be placed on
the website with Question No. 1, Should the City Council sponsor a term limits
ballot initiative.
Mayor pro tern Stern suggested that City Manager Evans email to each City
Councilmember his proposed wording for the website.
Following brief discussion, City Manager Evans stated that the wording would be
presented at the next City Council meeting for City Council approval.
Amendment to City Council Policy No. 30 (1203 x 1806)
Director Rojas presented the staff report and the recommendation to amend City
Council Policy No. 30, thereby establishing a procedure for the removal of view
covenants that have been recorded against properties, on a case -by -case basis.
Director Rojas stated for Mayor McTaggart that he has not yet received a signed
agreement by the two parties (Scalfaro and Merrell) and that this covenant is
technically still on file.
Councilwoman Ferraro moved, seconded by Councilman Gardiner, to concur
with staff's recommendation.
Councilman Clark questioned if there is a mechanism under which the City can
make this cost neutral by implementing a policy.
City Attorney Lynch stated that staff is putting in a removal fee clause and
clarifying that if a covenant is removed, the remedy resorts to view preservation.
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July 2, 2002
Page 18 of 20
City Manager Evans advised that with the view covenants, it is a civil matter
between two property owners who bear all of the costs; that in the case where a
view covenant is removed and the property is subject to view preservation, the
City bears all of the costs.
City Attorney Lynch stated that the City would require a trust deposit fee to cover
the cost for removal.
There being no objection, Mayor McTaggart so ordered.
ORAL CITY COUNCIL REPORTS
Mayor McTaggart highlighted the topics which will be placed on the joint City
Council /School Board workshop scheduled for July 18: Palos Verdes Drive
South, operation and control of the construction area; playing fields /other
facilities, need for more fields to support school athletic programs; recycling, city
requirements and school district programs; beautification grants, how the city
process may be used by the school district; and Eastview impacts, report on the
impact of the legislated attendance option; and then public comments.
Mayor pro tem Stern announced that a new project schedule has been made for
the Ocean Trails activities.
Councilman Clark announced that the Ocean Trails landslide repair is underway
and that work will begin next week; that storm drain activity /construction will start
early next week; stated that PV Drive South has been broken down into 3
phases; and that bids have gone out for Phase I and II. Councilman Clark stated
that the new master schedule is an excellent tool for tracking the progress at
Ocean Trails.
RECESS & RECONVENE
At 11:00 P.M., Mayor McTaggart declared a recess. The meeting reconvened at
11:07 P.M.
ORAL CITY COUNCIL REPORTS (cont'd)
Mayor McTaggart advised that the South Bay Cities gave a presentation on the
Aviation Issues Committee and the potential impacts of the Hahn Non - Expansion
Plan; stated that the COG budget was passed, with 3 negative votes; noted that
RPV, PV Estates and Hawthorne voted no on the budget because the
background information that was requested as far as the hours of attendance at
meetings, etc., was never presented and that these three cities believed this
information should have been presented prior to the vote on the budget.
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July 2, 2002
Page 19 of 20
Mayor McTaggart advised that Caltrans has cut off all funds to SCAG for
consultants; that no moneys can be spent on any COG consultants until an audit
is performed by Caltrans - noting his belief that the concern lies with the number
of consultants hired and the contracts that they dole out.
Mayor McTaggart stated that he will attend the COG Steering Committee
meeting at Lomita City Hall; and advised that the meetings have been
permanently moved from El Segundo to Lomita. He added that a plaque was
presented to Sandy Jacobs in appreciation of her service.
ADJOURNMENT: Mayor McTaggart adjourned this meeting at 11:10 P.M.
ATTEST:
CITY CLERK
WA2002 City Council Minutes \07022002 cc min.doc
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