CC MINS 20020402MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
APRIL 2, 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. At 7:03 P.M. the meeting reconvened.
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;
Deputy Planner Director Pfost; City Clerk/Administrative Services Director Jo Purcell;
Senior Planner Kit Fox; and Recording Secretary Bothe.
RECYCLE DRAWING:
Because there was no winner from last month's Recycle Drawing program, Mayor
McTaggart asked that two cards be selected. The winners will receive a check for
$250, which represents a year of free refuse service.
At this time, Mayor McTaggart announced that on Saturday, May 4, 2002, from 9:00
A.M. to 3:00 P.M., the City Hall will host another Household Hazardous Waste Roundup
event for its residents.
APPROVAL OF AGENDA:
It was the consensus of the City Council to consider Appointment of Advisory Board
Chairs, as the first order of business.
Councilman Clark moved, seconded by Councilwoman Ferraro, to approve the Agenda
as amended. No objections were noted.
APPROVAL OF CONSENT CALENDAR:
Lois Larue, 3136 Barkentine Road, briefly addressed the Constitution of the United
States and this City's interaction with the First Amendment; expressed her concern with
the $4,000 fee the City paid for the four -hour Teambuilding Workshop; requested
clarification with regard to Rancho Palos Verdes executing annual contracts with the
State of California Franchise Tax Board for taxpayer information sharing services; and
congratulated the McTaggart family for the Rotary pinning event of Mayor McTaggart's
101- year -old father.
Councilwoman Ferraro moved, seconded by Mayor pro tem Stern, to approve the
Consent Calendar as follows:
Motion to waive full reading
Adopted a motion to waive reading in full of all ordinances presented at this meeting
with consent of the waiver of reading deemed to be given by all Councilmembers after
the reading of the title.
Minutes (301)
Approved the Minutes of March 9 and 11, 2002, as presented.
Ordinance No. 375 - Modification of Rule of Procedure 3.2 to Eliminate
Rescheduling of Meetings on Election Dates other than City Election Dates (301 x
1103)
ADOPTED ORDINANCE NO. 375 OF THE CITY OF RANCHO PALOS VERDES
ESTABLISHING REGULAR MEETING DAYS AND AMENDING CHAPTER 2.04 OF
THE RANCHO PALOS VERDES MUNICIPAL CODE. (This ordinance was introduced
at the March 19th meeting.)
Acceptance of Maintenance for a portion of the public improvements at Tract No.
46628 (Oceanfront Estates) (11204 x 1411)
(1) Accepted for maintenance the public trails, fencing, landscape, hardscape, and
parking lot for Tract 46628 as depicted in the exhibit. (2) Authorized the Director of
Public Works to execute a change order in the amount of $17,400 with Bemus
Landscaping.
Parkland Dedication Fees for Final Parcel Map No. 26047
(Applicant: Robert M. Patterson) (1203 x 1201)
Approved parkland dedication (Quimby) fees for Final Parcel Map No. 26047 pursuant
to the City's parkland dedication fee formula in the amount of $8,653.63.
February 2002 Treasurer's Report (602)
City Council Minutes
April 2, 2002
Page 2
Ordered received and filed.
Resol. No. 2002 -22 - Register of Demands (602)
ADOPTED RESOLUTION NO. 2002 -221 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
# # # # # # # # # # # #
PUBLIC HEARINGS:
Resol. No. 2002- 23 - Reconsideration of the Decision on the Appeal of
Conditional Use Permit No. 207 (Appellant: Mark Abrams, 44 Oceanaire Drive.)
(Continued from March 25, 2002 meeting.) (1801 x 1203)
Senior Planner Fox presented staff report and the recommendation to (1) Adopt the
proposed resolution adopting the Mitigated Negative Declaration Prepared pursuant to
Environmental Assessment No. 720. (2) Adopt the proposed resolution conditionally
approving Conditional Use Permit No. 207.
With regard to Condition No. 10, Mayor pro tem Stern expressed his preference that
"any" tree that dies or is felled by an act of God or any other intentional or unintentional
act must be replaced by another tree of evergreen variety of at least 24 -inch box size.
City Attorney Lynch noted for Mayor pro tem Stern that his preferred language will be
included to so reflect that change, as well as included in the language for the mitigation
monitoring program.
Meredith Eick, 2866 West 226th Street owner of 6 Cove View Drive, expressed his
belief that regulating antenna maintenance hours and the number of vehicles at the
subject property is reasonable; and noted his preference that applicants install their
antennas inside their attics or other areas inside their homes.
Sanford Samuels, P.O. Box 950489, Mission Hills, expressed his belief that the
recommended hours of maintenance is an unreasonable condition; and urged the City
to hire its own professional consultant to provide an opinion on antenna radiation
impacts, if any, and not to take into consideration what laymen have stated at these
hearings about antenna emissions.
City Council Minutes
April 2, 2002
Page 3
Mark Abrams, 44 Oceanaire Drive, stated that most of the conditions are unreasonable,
unjustified, and that the conditions will not stand up in court -- noting his intention to take
this issue all the way to the Federal Appeals Court, if necessary. He addressed his
objection to the.hours of operation and the recommended hours of ham radio antenna
maintenance; and stated that as previously agreed upon, staff had not yet removed
Condition No. 19 from the conditions, as noted in the faxed copy of staff report that his
attorney had sent him -- pointing out that the City had not sent him a copy of staff's
report for this evening's meeting. Mr. Abrams noted his objection to Condition No. 18,
believing that the language is improperly worded.
City Attorney Lynch concluded that Mr. Abrams was not in possession of the most `W
recent staff report/conditions; and suggested that this public hearing be recessed in
order to allow him some time to review the correct version of staff report/conditions.
Mayor McTaggart ordered a recess of this public hearing, Agenda Item No. 8, for the
benefit of Mr. Abrams' review of this evening's staff report.
PUBLIC COMMENTS
Lois Larue, 3136 Barkentine Road, commented on the freedom of speech and the
freedom of the press; she happily noted the arrival of Sean Patrick, who was born on
March 29, 2002, the new son of the president of the Homeowners Council; and
requested that City Council send a note of congratulations.
There being no further public comments, Mayor MCTaggart ordered the reconvening of
the reconsideration of the decision on the appeal of Conditional Use Permit No. 207
Mr. Abrams stated that he is not able to say that he's had sufficient time to review the
correct version of this evening's staff report/conditions; and reiterated his objection to all
the conditions, specifically the conditions addressing revoking the permit -- expressing
his belief that the City does not have the authority to revoke the permit. Mr. Abrams
stated that the condition of approval for painting the antenna structure is inappropriate;
and stated that the judge had ruled that there is no aesthetic impact and that forcing him
to paint the antenna and plant trees to mitigate the aesthetics is a totally unreasonable
condition -- pointing out that once the antennas are painted, it creates a maintenance
problem. He addressed his strong objection to the planting of trees for screening
purposes; noted his objection to Item No. 11, which restricts maintenance hours for the
amateur equipment; and stated that these conditions violate his religious convictions by
not being permitted to do these activities on Sundays — pointing out that he observes
the Sabbath. He noted his objection to the requirement for obtaining a business
license, stating that the City has no valid claim that these operations are a business
activity; and he addressed his objection to a 6 -month review of the conditional use
permit.
Councilman Clark expressed his belief that these conditions are appropriate for
commercial operations from this site and that, therefore, the business license
City Council Minutes
April 2, 2002
Page 4
requirement is appropriate; and he commented on the City's standard requirement for a
review period following the issuance of many conditional use permits — explaining that
this is done to ensure that the owner of a conditional use permit is complying with the
conditions.
Mr. Abrams advised that he has a business license for his office location where he
conducts his actual business; and expressed his belief that neither City staff nor the City
Council has been candid with him.
Highlighting Mr. Abrams' comment this evening in regard to his objection to screening,
Councilman Clark pointed out that Mr. Abrams himself had proposed at the last meeting
to add additional screening by way of adding a structure to his home.
Mr. Abrams stated that adding additional structure to his home is beneficial in providing
additional living space, but that adding the screening with plants provides no benefit and
that it detracts from the propagation of the radio signals; and advised that he already
experiences signal degradation from the existing foliage not only on his property, but
from those properties in the surrounding neighborhood.
In response to Councilman Gardiner's inquiry, City Attorney Lynch explained that State
law and other laws provide that a city can require a business license from any location
where a business is operated; however, the City has to do a representative
apportionment of a business license fee to reflect whatever occurs in the city.
Councilman Clark stated that following exhaustive discussions /efforts with respect to
this conditional use permit, it is his belief that the City has crafted both a reasonable and
appropriate set of conditions for this conditional use permit.
Mayor pro tem Stern requested that Condition 19 be added back into the final set of
conditions, now making it Condition 20, and that it require a listing of all radio facilities or
frequencies that are licensed.
Mr. Abrams noted for the record that he will not disclose confidential business
information, stating that there is no legitimate municipal purpose served by the
collection of that information. He expressed his belief that the City is attempting to
regulate frequencies, which is not within the purview of the City's jurisdiction; and that
this will be used against the City in court.
Councilman Clark stated that the City is attempting to verify what frequencies he is
using at this site.
Mayor pro tem Stern stated that the purpose for placing Condition 19 back into the final
Y
conditions has nothing to do with regulating frequencies, that it's simply a matter of
disclosure.
City Council Minutes
April 2, 2002
Page 5
Councilman Clark moved, seconded by Councilwoman Ferraro, to (1) ADOPT, AS
AMENDED, RESOLUTION NO. 2002 -231 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES ADOPTING THE MITIGATED
NEGATIVE DECLARATION PREPARED PURSUANT TO ENVIRONMENTAL
ASSESSMENT NO. 720. (2) ADOPT, AS AMENDED, RESOLUTION NO. 2002 -247 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
CONDITIONALLY APPROVING CONDITIONAL USE PERMIT NO. 207.
Mayor McTaggart closed the public hearing.
RECESS AND RECONVENE
At 8:00 P.M. Mayor McTaggart recessed the meeting, and he reconvened the meeting
at 8:10 P.M.
Tentative Tract Map No. 53305, General Plan Amendment No. 30, Grading Permit
No. 2242 and Environmental Assessment No. 738 (JCC Homes Inc. /California
Water Service Company, 5837 Crest Road) (1203 x 1803)
Senior Planner Fox presented staff report and the recommendation to review the
revised project to determine if the applicant has adequately addressed the issues raised
by the City Council and concerned neighbors, and direct staff to either: (1) bring back to
the next meeting resolutions of approval for the revised project, as recommended by the
Planning Commission; or, (2) prepare resolutions of denial due to City Council concerns
with the revised project.
Councilwoman Ferraro noted for the record that she had met with Mr. Jensen in regard
to this property.
Mayor pro tem Stern expressed, echoed by Councilman Gardiner, some concern that a
former staff member had made the determination to zone this site inconsistent with the
General Plan and that for the better part of the past 20 years, it has remained
inconsistent with the General Plan.
City Attorney Lynch expressed her opinion that the former staff member believed this
zoning determination was consistent; and City Attorney Lynch stated that she, herself,
takes the opposite view.
Mayor McTaggart stated that he had previously requested, and not received, an
analysis from California Water Service (Cal Water) of its plans for emergency
preparation for the Peninsula, questioning what amount of water is expected to be
available following an emergency situation; and questioned the appropriateness of
abandoning this site.
Councilman Clark requested information on where the other reservoir sites are located
and how they connect into the existing facility.
City Council Minutes
April 2, 2002
Page 6
Mayor pro tem Stern questioned if there are sites that Cal Water owns or plans to
acquire so that this City is not faced with a difficult situation during /after an emergency.
Representing Cal Water, Mike Risso advised that a hydraulic study of the Palos Verdes
Peninsula has been completed, including recommendations in that study which puts Cal
Water into a ten -year capital improvement budget arena; and stated that the study
identifies City -owned land and other land that could be acquired throughout the
Peninsula. Mr. Risso explained that the study identifies a better mix of pumping
arrangements and other arrays of piping that would benefit the distribution of water
throughout the system in the Peninsula; and he stated that Cal Water has not acquired
any of these recommended sites at this point in time. He added that the hydraulic study
would be provided to the City Council.
In response to Mayor pro tem Stern's inquiry, Mr. Risso explained that it has been
calculated that approximately 11 million gallons of additional capacity /storage would be
needed in this 10 -year plan, wherever the reservoir will be located; that this water would
be distributed throughout the entire Peninsula, not just Rancho Palos Verdes; advised
that the existing reservoir is an approximate 9.5- million gallon reservoir; and that its
supplies are currently distributed to various reservoirs throughout the entire Peninsula —
pointing out that approximately 33 million gallons of storage exists for the entire
Peninsula. He stated that Cal Water has identified this site as surplus.
Councilman Clark noted his understanding that this additional 11 million gallons of
capacity is over and above the total capacity of the existing reservoir on site.
Councilman Gardiner requested that an engineered analysis be provided to support the
claim that this site is a surplus reservoir; and that assumptions and projections be
included to address the Peninsula's water needs.
Mr. Risso stated that Cal Water annually studies the fire flow availability, water
distribution, sources of supplies, every scenario Cal Water can think of. Mr. Risso
mentioned that the hydraulic report was done in advance of the subdivision request.
Responding to Councilman Clark's request, Mr. Risso reiterated that Cal Water would
provide the City Council a copy of the analysis /study and any other information the City
requests. Mr. Risso explained that it would be more beneficial to build small reservoirs
throughout the Peninsula rather than have one large facility; and that these smaller
reservoirs would more favorably be between 1.5- and 3- million gallon reservoirs.
Mr. Risso noted for Councilman Gardiner that the average life cycle of a reservoir is 50
years; and stated that this reservoir was built in 1970.
Addressing Mayor McTaggart's inquiries, Mr. Risso stated that in the past 31 years, no
reservoirs have been constructed on the Peninsula; and advised that there is enough
supply/capacity to support a 3- to 4 -day emergency situation on the Peninsula.
City Council Minutes
April 2, 2002
Page 7
Ken Dyda, 5715 Capeswood Drive, Rancho Palos Verdes, commented on the history of
the various zoning in this area and its consistency with the General Plan.
Jack Cameron, 17 Lariat Lane, Rolling Hills Estates, CA 90274, Chairman of JCC
Homes, questioned whether he should proceed with his proposal until such time that the
City Council has made its determination of the water company's request.
City Attorney Lynch noted for Mr. Cameron that the City Council is not going to take
action on Cal Water's proposal this evening because the City Council is ruling on a
General Plan amendment.
Mr. Cameron stated that his proposal to develop an RS -4 site will not require any open
space, but that Cal Water has agreed to dedicate, in perpetuity, and maintain an open
space area; advised that the proposal is to build 7 houses which will comply with the
City's standards; and explained that this alternate plan is being proposed to
accommodate the concerns and requests of the neighbors and Planning Commission.
Mr. Cameron expressed his desire to work with the residents and the City to build a
project that will be acceptable to all involved.
Kenneth Bley, 2049 Century Park East, Los Angeles, counsel representing JCC Homes,
commented on Mr. Shirley's December 3, 2001, letter, stating that he agrees with the
first three paragraphs, but that he disagrees with Mr. Shirley's conclusions. He added
that this City Council does have the authority to make this change to the General Plan
and that there is nothing in the law which prohibits this body from doing so.
The following individuals spoke in support of this request:
Dennis Rizza, 1811 Santa Rena, Rancho Palos Verdes;
George Wong, 6916 Willow Tree Drive, Rancho Palos Verdes;
Stephen Kauffman, 28825 King Arthur Court, Rancho Palos Verdes;
Brian Horne, 23 Santa Catalina Drive, Rancho Palos Verdes;
Tom Alley, 6304 Sattes Drive, Rancho Palos Verdes;
Gary Yardumian, 58 Oceanaire Drive, Rancho Palos Verdes;
Todd Anderson, 2 Masongate Drive, RHE; and
Gerald Marcil, 544 Paseo Del Mar, PVE;
Issues addressed in support of the applicant's proposal are as follows:
The project will enhance property values; that it will improve a blighted area; that it will
not impact any of the neighbors' ocean views; that it is compatible with the surrounding
neighborhood; that the applicant is willing to accommodate the requests of the
residents; and that the donation of $250,000 for the youth sports facility is an excellent
example of the applicant's interest in the betterment of this city.
As a result of the supportive statements in regard to the applicant's offer to donate
City Council Minutes
April 2, 2002
Page 8
$250,000 for a youth sports facility, the City Council strongly expressed its
dissatisfaction with any notion that the City Council's determination will have a bearing
on the applicant's generous offer— pointing out that the final decision will rest solely on
the merits of the project and not on the donation. The City Council suggested that the
Applicant make that generous donation regardless of the outcome of this case.
The following individuals spoke in opposition to this request:
Carolyn Tuttle, 29541 Oceanport Road, Rancho Palos Verdes;
Tom Tuttle, 29541 Oceanport Road, Rancho Palos Verdes;
Leo Lawson, 5827 Sunmist Drive;
Greg Johnson, 29643 Stonecrest Road, Rancho Palos Verdes;
Robert Shirley, 29635 Stonecrest Road; and
Jim Vesely, 29651 Stonecrest Road.
Issues addressed in opposition to the applicant's proposal are as follows:
That this project negatively impacts the Catalina view for the ,Tuttle residence —
requesting that a full silhouette be erected; that there will not be adequate water
supplies to sustain those living in the Peninsula following an emergency situation; that
the Lawson residence will lose some of its privacy; that this proposal is not consistent
with previous development in Rancho Palos Verdes; that it is not the highest and best
use of the property; that what is being proposed this evening is different than what was
considered and approved by the Planning Commission; that the houses should be
lowered in height and that the setbacks should be increased; and that the excavation
and construction activities could have a negative impact upon the surrounding homes
and the walls of the existing reservoir. ,
Dorothy Turley, 5814 Scotwood Drive, stated that until she has seen the final plans, she
is neither for nor against the project at this time.
Kurt Nelson, 3480 Torrance Boulevard, Torrance, representing JCC Homes, advised
that soil tests have been conducted and that more will be done; commented on the
numerous communications the applicant has had with the residents — pointing out that
the applicant supports additional neighborhood meetings in order to clear up any
confusion the residents have and to reach a reasonable solution to their concerns; and
explained that the applicant is more than willing to make modifications to the plans for
Lot No. 9 so that it does not negatively impact any of the surrounding neighbors. Mr.
Nelson stated that the applicant is sensitive to Mr. Lawson's concerns; explained that
the home on Lot 9 will be located 52 feet from Mr. Lawson's property line; and that it will
be generously landscaped to ensure that his privacy is not being impinged upon.
Mayor pro tern Stern commented on the importance of being very cautious in making a
decision that could have an impact on the water supplies for the Peninsula.
Mayor McTaggart urged Cal Water to provide in a timely manner ample engineering
City Council Minutes
April 2, 2002
Page 9
documentation to support its claim that the water supplies will not be negatively
impacted as a result of this housing project.
Councilman Clark moved, seconded by Councilman Gardiner, to close the public
hearing. No objections were noted.
RECESS & RECONVENE:
At 10:10 P.M., Mayor McTaggart declared a recess. The meeting reconvened at 10:19
P.M.
Councilman Clark expressed concern that the applicant is proposing a project which is
different than what had been proposed and approved at the Planning Commission level;
and stated that this altered proposal should go back to the Planning Commission for
consideration.
Mayor MCTaggart commented on the need for City Council to address the Peninsula
water supply issue; and highlighted his concern that a 3 -day supply of water will not be
adequate to support the Peninsula in case of an emergency situation.
Councilman Gardiner expressed his belief that consideration of any housing proposal
for this site is somewhat a waste of time until the City Council has resolved the issue of
releasing this site from its current use to a use that allows housing on it; and expressed
his belief that not enough information has been presented for him to make a well -
informed decision that could have an impact on the water supplies.
Mayor pro tem Stern noted his concurrence with Councilmen Clark's and Gardiner's
statements; noted his support that this proposal be presented to the Planning
Commission for consideration; and commented on his preference for smaller homes
with more open space on this parcel.
Mayor MCTaggart pointed out that even if this remains a public utility infrastructure, the
City can't compel the water company to build another reservoir; and addressed his
concerns with the inconvenience and nuisance of excavation activities — questioning
how the applicant plans to do the ground moving activities.
Councilman Clark suggested that the Planning Commission look at the density factor
with regard to neighborhood compatibility.
Councilman Clark moved that this application be sent back to the Planning Commission
for review of its altered proposal; that the City Council review the analysis which was
conducted by California Water relative to water supply capability and the reservoir
concept and planning over the next ten years, of which was outlined to City Council by
the Applicant at this evening's meeting.
Councilman Gardiner offered two friendly amendments: that the developer be given the
City Council Minutes
April 2, 2002
Page 10
option of going back to the Planning Commission with the understanding that the City
Council may or may not make that land suitable for development of housing, and; 2,
rather than just limit the motion to review the Cal Water study, that other
agencies /resources be consulted and that the Emergency Preparedness Committee
provide suitable guidance and recommendations.
Councilman Clark supported the friendly amendments.
The motion was seconded by Councilman Gardiner.
Councilwoman Ferraro questioned whether consulting with the Emergency
Preparedness Committee will unnecessarily delay the process and subject the City to a
challenge.
City Attorney Lynch explained that because this is a General Plan Amendment, the City
is not under the Permit Streamlining Act requirement to take action within the time
constraints set forth.
There being no objection, the motion carried.
Councilwoman Ferraro departed the meeting at10:45 P.M.
PUBLIC COMMENT:
David Cobb, 5485 Spring Street, Los Angeles, representing the West Basin Municipal
Water District, requested a letter of support from the city of Rancho Palos Verdes on
Proposition 13 (Water Bond Grant Application), which is to support its effort to expand
West Basin's recycled water plant in El Segundo; and stated that in addition to various
environmental agencies, every city in the West Basin Water District, with the exception
of Rancho Palos Verdes and Palos Verdes Estates, has indicated its support of this
proposition. He explained that this proposal will bring additional potable water supplies
to the region and that it will help protect the ground water in the Torrance area from
seawater intrusion.
Because this matter cannot be voted on this evening, Mayor MCTaggart requested that
staff place this matter on the next City Council Agenda.
Overview of the Current View Restoration and Preservation Process (11203 x
1806)
Councilman Gardiner moved to waive staff's presentation. Councilman Clark seconded
the motion to waive.
Because much of the work of the View Restoration Commission has been done,
Councilman Gardiner suggested that the City can provide this service in a more cost-
effective manner by designating some mediators who will serve as an adjunct to the
City Council Minutes
April 2, 2002
Page 11
Planning Commission.
Councilman Clark noted his support of Councilman Gardiner's suggestion.
Mayor pro tem Stern noted his support for the creation of a mediation team at the
Planning Commission level; and questioned whether the City has the legal authority to
mandate trimming trees below the 16 -foot height or ridgeline.
While creating this mediation team, Councilman Gardiner asked that no current permits
in the process be disrupted while this change is taking place.
Councilman Clark noted his support for two or three volunteers to be selected to serve
on the mediation team.
Following discussion, it was the consensus of the City Council that five volunteers be
selected to serve on this mediation team.
City Manager Evans advised that, if necessary, the City would provide training
opportunities for members of the mediation team.
Ken Dyda, 5715 Capeswood Drive, noted his support for a mediation team; suggested
that some of'the experienced members from the View Restoration Committee be
considered to serve as the mediators; and addressed the necessity for the City to
establish and define clear -cut criteria for this program — noting that this criteria should
apply both to restoration and preservation. Mr. Dyda commented on some of the
conflicting criteria, wherein one section states that the VRC can order removal and that
another section states that the removal is at the discretion of the foliage owner. He
highlighted other conflicts which places unfair financial obligations upon an applicant.
Councilman Gardiner suggested that before the VRC is officially retired, that the
members identify the minor ambiguities and present these ambiguities to City Council.
Mayor pro tem Stern suggested that the VRC also provide to City Council its
recommendations on how some of those conflicting issues can be dealt with.
Martin Dodell 5751 Capeswood Drive, Rancho Palos Verdes, encouraged the City to be
more specific and to better define what it means when it states "integrity of the
landscape" and "aesthetics "; and expressed his preference that members of the
mediation team be experienced and knowledgeable with all of the work the VRC has
accomplished to date.
Mayor pro ter Stern stated that a photo album depicting various before - and -after
photos would be beneficial and that these photos be made available to the residents
when dealing with these matters.
Bruce Franklin, 15 Oceanaire Drive, Rancho Palos Verdes, volunteered to serve as one
City Council Minutes
April 2, 2002
Page 12
of the mediators; and offered his assistance on modifying some of the suggested
guideline modifications. Mr. Franklin noted his opposition to trimming trees back to 4
feet after growing above 16 feet; and suggested that the applicant and foliage owner be
given a copy of the guidelines so that they know what is required.
City Attorney Lynch noted that some minor guideline adjustments would be made and
presented to City Council at a future meeting.
REGULAR BUSINESS:
Appointment of Advisory Board Chairs (106)
City Clerk Purcell presented the staff report of April 2, 2002 and the recommendation to
appoint the Chairs for the Planning Commission, Finance Advisory Committee and
Traffic Committee.
The votes cast for the candidates for Planning Commission Chair were as follows:
Mayor McTaggart - Jon Cartwright
Mayor Pro Tern Stern - Thomas Long
Councilman Clark - Jon Cartwright
Councilwoman Ferraro - Jon Cartwright
Councilman Gardiner - Thomas Long
Jon Cartwright was.selected as the new Planning Commission Chairman.
The votes cast for the candidates for Finance Advisory Committee Chair were as
follows:
Mayor McTaggart - Steve Wolowicz
Mayor Pro Tern Stern - Steve Wolowicz
Councilman Clark - Steve Wolowicz
Councilwoman Ferraro - Steve Wolowicz
Councilman Gardiner - Steve Wolowicz
Steve Wolowicz was selected as the new Finance Advisory Committee Chairman.
The votes cast for the candidates for Traffic Committee Chair were as follows:
Mayor McTaggart -Bill Schurmer
Mayor Pro Tern Stern -Bill Schurmer
Councilman Clark -Bill Schurmer
Councilwoman Ferraro -Bill Schurmer
Councilman Gardiner -Bill Schurmer
Bill Schurmer was selected as the new Traffic Committee Chairman.-
City Council Minutes
April 2, 2002
Page 13
Ocean Trails — Extension of Vesting Tentative Tract Map No. 50666 (1203 x 1411)
Deputy Director Pfost presented the staff report of April 2, 2002 and the
recommendation to extend the approval for Vesting Tentative Tract Map No. 50666 for
the Ocean Trails project for one year until April 15, 2003.
Councilman Gardiner moved, seconded by Councilwoman Ferraro, to adopt staff
recommendation. Motion carried.
Intersection of Hawthorne Boulevard at Highridge Road (1204 x 1503)
Director Allison presented staff report and the recommendation to (1) Request staff to
develop a citywide Traffic Signal Program to include a plan for new signal installation
and modification of existing facilities. (2) Request staff to develop a funding plan for the
first five years of the traffic signal program for incorporation into the City's Five -Year CIP
and Financial Model.
Christian Faulk, 22497 Kent Avenue, Torrance, addressed his concerns that motorists
can make a U -turn at Hawthorne Boulevard going eastbound at Highridge Road, but
that no U -turn is allowed for those motorists traveling in the westbound direction at
Highridge; stated that with the increasing number of "No U- turn" signs in this area,
motorists will be forced to go all the way down to Grand Via Altamira to make a U -turn;
and explained that a U -turn is allowed at Grand Via Altamira, which is much closer to
the corner than the driveway at Highridge — advising that the driveways on Hawthorne
Boulevard at the Highridge Carwash have been relocated to be further away from the
corner.
Mr. Faulk noted for Mayor pro tem Stern that the new driveway for the Highridge
Carwash is approximately 40 feet away from the intersection.
Director Allison confirmed for Councilman Gardiner that the Hawthorne Boulevard and
Highridge Road intersection has a higher collision rate along Hawthorne Boulevard; and
that it is staff's recommendation that the green right -turn arrow at this location on
Highridge Road needs to be removed.
Director Allison clarified that staff's recommendation is to bring this and other
intersections back to the Traffic Committee and come back to the City Council with a
prioritized list that will focus on the City's needs.
Councilman Gardiner moved, seconded by Councilman Clark, to concur with staff's
recommendation that a study be conducted. There being no objection, motion carried.
Ladera Linda Community Center and Portuguese Bend Fields (1101 x 1201) W
City Council Minutes
April 2, 2002
Page 14
City Manager Evans presented staff report and the recommendation to schedule a joint
meeting with the Palos Verdes Peninsula School Board to discuss the possible
relocation of School District Administrative Offices to Ladera Linda.
Thursday, May 16, 2002, 7:00 P.M., was selected for the first joint meeting of City
Council and the Palos Verdes Peninsula School Board at Ladera Linda.
Border Issues Status Report (310 x 1203)
Senior Planner Fox presented staff report and the recommendation to review the
current status of border issues and to provide direction to the City Council Committee
and staff.
In regard to the Harbor Hills project, Senior Planner Fox mentioned that the Traffic
Committee for the city of Lomita will be reviewing a traffic study related to the addition of
the recreation facility at Harbor Hills; and stated that staff will keep the City Council
apprised of those hearing dates. In regard to the revitalization activities at the Garden
Village Shopping Center, he stated that no additional complaints have been received
from the neighbors and that an update to City Council is anticipated to be provided next
month.
Councilman Gardiner complimented staff for providing the new written material in regard
to the golf course; and suggested that a question be included in the documents with
respect to what are the potential consequences if mitigation strategies fail at this golf
course site.
Director Rojas stated that that question could be included /answered at the end of
Section 9.
City Manager Evans advised that staff report will be revised to reflect that there is no
longer an ad hoc committee.
General Plan Update — Steering Committee Formation (1203 x 701
Council consensus was to waive presentation of the staff report.
Staff recommendation was to (1) Formulate a "General Plan Update Steering
Committee." (2) Direct Staff to develop and implement a public participation strategy.
Ken Dyda, 5715 Capeswood Drive, expressed his desire that there be a provision made
in the schedule he presented at the City Council's March 9, 2002, meeting to allow time
for citizen input from the Council of Homeowners; and advised that he has been asked
to present this plan to the Council of Homeowners at its next meeting.
Pointing out that this matter will be coming before the City Council for consideration,
Councilman Gardiner suggested cutting back on the number of City Council members to
City Council Minutes
April 2, 2002
Page 15
serve on this Committee and to replace these vacancies with members from the Council
of Homeowners or the general public.
Councilman Clark questioned whether any Councilmembers should be on this
Committee since this matter will be coming to City Council for final determination; and
suggested that two Planning Commissioners be appointed to the Steering Committee --
one new member and one seasoned member.
Mayor McTaggart noted his concurrence, but suggested that the criteria for serving on
the ,Committee should be that they are familiar with the City.
Councilman Gardiner moved, seconded by Mayor pro tem Stern, to delete the two City
Councilmember positions and to replace them with two Planning Commissioners.
There being no objection, Mayor McTaggart so ordered.
Agenda for the Joint Workshop with the Planning Commission and Finance
Advisory Committee Concerning the Crestridge Properties (11203 x 602)
Deputy Planning Director Pfost briefly presented staff report and the recommendation to
approve the proposed Draft Agenda for the joint workshop between the City Council,
Planning Commission and Finance Advisory Committee on May 7, 2002.
Councilman Clark expressed his desire that the focus should be placed on the
alternative uses for the Crestridge property and where does the City go from this point
forward.
With regard to Paragraph 4 on Circle Page 5, Councilman Gardiner requested that the
park suggestion /comparison be included as a topic for consideration.
City Manager Evans stated that that comparison would be provided.
Councilman Gardiner suggested that a provision be included for City Council to exercise
its direction.
City Manager Evans explained that due to the limited time to complete the meeting, staff
is handling this as an information gathering session; that it would be very difficult for City
Council to hear all of the new information and presentations; and that it is anticipated
that the .City Council would have to come back for a second meeting. He suggested
that No. 7 could include a provision that City Council make a decision.
There being no objection, the Draft Agenda was approved.
In Lieu Fee Agreement with the Palos Verdes Peninsula Land Conservancy for
Off -Site Wetlands Mitigation for the San Ramon Drainage and Landslide
Stabilization Project. (1204 x 305 x 604)
City Council Minutes
April 2, 2002
Page 16
Assistant City Manager Petru briefly presented staff report and noted staff
recommendation to authorize the Mayor and City Clerk to execute the In Lieu Fee
Agreement with the Palos Verdes Peninsula Land Conservancy for off -site wetlands
mitigation at Chandler's Preserve associated with the San Ramon Drainage and
Landslide Stabilization Project.
Mayor pro tem Stern advised that he was on the Board of Directors of the Land
Conservancy; and stated that as far as he is aware, he is not required to excuse himself
from consideration of this matter.
Councilwoman Ferraro moved, seconded by Councilman Clark, to concur with. staffs
recommendation. Motion carried.
Quarterly Off-Site Council Meeting Schedule (1101 x 307)
Assistant City Manager Petru presented staff report and the recommendation. to select
dates for the spring and summer off -site City Council meetings for 2002 and select a
location for the Saturday, May 18, 2002, meeting regarding the Zone 2 Report.
Mayor pro tem Stern stated that it would be preferable to select the meeting site in
conjunction with an Agenda matter that is near the same meeting venue.
It was the consensus of the City Council that the site selections be left to the discretion
of staff.
Oral City Council Reports (110'1 x 310)
Mayor McTaggart advised that he attended the MAX Transit meeting on Monday night;
that a mid -year financial report was provided; and he noted his delight that they are on
budget and that they have done a good job with their projections. He urged those in
Rancho Palos Verdes to use the MAX transit system; explained that a consultant had
proposed removing a couple of stops for efficiency purposes — one of those stops being
at Valley Drive; and he commented on the new buses which are roomier, more .
comfortable and more accommodating to the passengers' needs.
With regard to Ocean Trails, Mayor pro tem Stern noted that Credit Suisse is the major
creditor of Ocean Trails and that if everything goes as planned, the bank should be in
control of Ocean Trails in approximately five weeks.
Mayor pro tem Stern stated that he attended the Tri -City Chamber of Commerce event
last week wherein Congresswoman Jane Harman spoke on emergency preparedness
issues.
IV Councilman Gardiner advised that the Palos Verdes Transit Authority is contemplating
putting video cameras inside its busses for disciplinary/record - keeping purposes. He
explained that the City may have to increase the price of the taxi service vouchers due
City Council Minutes
April 2, 2002
Page 17
to the increasing difficulty of getting taxis up into Rancho Palos Verdes — noting that the
City pays below the average rates of the marketplace.
Councilman Gardiner advised that the Neighborhood Compatibility Committee is moving
along in its activities.
Mayor McTaggart advised that he received a communication from the Mayor of El
Segundo asking for the City's support to oppose Senate Bill 633, a bill which would
allow the Federal government to have some input over the local airport planning
decisions; stated that this bill is currently pending in the Senate; and he requested that
this matter be placed on the next City Council Agenda.
Councilman Clark advised that Cox Cable TV has offered to provide a 15- to 20- minute
interview of a City Councilmember following every meeting to discuss the key issues
that are being tackled by the Council at that particular meeting — pointing out that this
will be done a couple days after each City Council meeting; he suggested that Council
rotate the interviews so that it does not become a burden for any one Councilmember;
and he requested staff to interface with Cox Cable TV on setting up an interactive
format.
Councilman Clark highlighted some of the issues which were discussed at the March
281 2002, South Bay COG meeting: 1) South Bay Railroad presentation was provided
of its 26 -mile rail corridor north of LAX all the way down to Wilmington and its reducing
of truck trips in relation to the Alameda Corridor. 2) Addressed MTA's management
reorganization to improve its service to its customers using MTA buses and its intent to
hire four new GM's. He stated that an MTA representative would be present at the next
COG meeting to discuss the management restructuring in more detail. 3) And he
commented on the proposed COG cities dues increase and stated that the members
from various cities had recommended that it be studied further and that more
explanation be given on the increased revenues and expenses.
City Manager Evans highlighted the inequity in how the cities are allocated funds; and
expressed his belief that the city managers group will be proposing a new form of
distribution.
Councilman Clark commented on the Playa Vista project elected officials' tour
scheduled for Thursday, May 9, 2002. He noted that this project is a good model of a
future livable communities planned development/concept.
City Clerk Purcell mentioned that City Council is scheduled to attend the Regional
Police Committee meeting on Thursday, May 9, 2002.
Councilman Clark noted the League of California Cities sponsorship of the May 15 and
161 2002, Legislative Action Days in Sacramento; and suggested that it would be useful
to send some of this body's members to attend this event.
City Council Minutes
April 2, 2002
Page 18
Conference with Legal Counsel
City Attorney Lynch advised that no action was taken on any of the items.
ADJOURNMENT:
The meeting was adjourned at 12:24 A.M. on motion of Mayor McTaggart.
ATTEST:
CITY CLERK
WA2002 City Council Minutes \04022002 cc min.doc
City Council Minutes.
April 2, 2002
Page 19