CC MINS 20010306MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MARCH 6, 2001
The meeting was called to order at 7:00 P.M. by Mayor Lyon at Fred Hesse Community
Park, 29301 Hawthorne Boulevard. After the Pledge of Allegiance, roll call was
answered as follows:
PRESENT: Byrd, McTaggart, Stern, and Mayor Lyon
ABSENT: None
LATE ARRIVAL: Ferraro at 8:44 P.M.
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; City
Clerk/Administrative Services Director Jo Purcell; and, Deputy City Clerk/Recording
Secretary Jackie Drasco.
RECYCLING DRAWING:
The winner from the last drawing was J. S. Barrett, who will receive a check for $250,
which represents a year of free refuse service. Another card was selected.
APPROVAL OF AGENDA:
Councilman Byrd moved, seconded by Mayor Pro Tem McTaggart, to approve the
agenda. Motion carried.
APPROVAL OF CONSENT CALENDAR:
Mayor Pro Tem McTaggart moved, seconded by Councilman Byrd, to approve the
Consent Calendar as follows:
Minutes (301)
Adopted the minutes of January 30 and February 20, 2001, as amended.
Resol. No. 2001 -22 - Arterial Rehabilitation Program (1204 x 1403)
(1) Awarded a professional service contract to Nichols Consulting Engineers, Inc. for
pavement testing services related to the City's Arterial Rehabilitation Program. (2)
Authorized the Mayor and the City Clerk to execute a contract with Nichols Consulting
Engineers, Inc. for a not to exceed amount of $17,895, and authorized the expenditure
of up to an additional $2,105, for a total authorization of $20,000. (3) ADOPTED
RESOLUTION NO. 2001 -221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES AMENDING RESOLUTION 3000 -33, THE BUDGET
APPROPRIATION FOR FISCAL YEAR 2000 -2001, FOR A BUDGET ADJUSTMENT
TO THE CITY'S CAPITAL PROJECTS FUND.
Funding Request for Beverage Container Recycling and Litter Cleanup Activities
FY 2000 -2001 (1204 x 1301)
(1) Authorized the submittal of the funding request form to the Department of
Conservation's Division of Recycling for funding programs related to beverage
container recycling and litter cleanup activities for FY 2000 -2001. (2) ADOPTED
RESOLUTION 2001 -23, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
EXECUTE ALL NECESSARY FORMS FOR THE PURPOSES OF SECURING
PAYMENTS, AND IMPLEMENTING AND CARRYING OUT THE PROGRAMS.
Professional Services Agreement with Helix Environmental Planning, Inc. (1101 x
604)
Awarded a Professional Services Agreement to Helix Environmental Planning, Inc. in
the amount of $33,700 to prepare the CEQA documentation and to obtain federal and
state p ermits for the San Ramon Drainage Project, and authorized the Mayor and the
City Clerk to execute the Agreement.
January 2001 Treasurer's Report (602)
Ordered receive and filed.
Resol. No. 2001 -24 - Register of Demands (602)
ADOPTED RESOLUTION NO. 2001 -24, 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 carried on the following roll call vote:
AYES: Byrd, McTaggart, Stern, and Mayor Lyon
NOES: None
ABSENT: Ferraro
REGULAR BUSINESS:
City Council Minutes
March 6, 2001
Page 2
Natural Community Conservation Plan (NCCP) Comparison of Preserve Design
Alternatives (1203)
Director Rojas presented the staff report of March 6, 2001 and the recommendation to
(1) Review and discuss the three draft alternative preserve designs, along with the
information regarding implementation of the NCCP. (2) Direct staff to proceed with the
NCCP Program by initiating a biological and economic analysis of the three draft
alternatives.
Director Rojas summarized the three NCCP alternatives detailed in the staff report
using a computer generated visual presentation. He explained that from the five NCCP
alternative plans discussed in the past, these three were being considered and that
Alternative 1 was now "A ", Alternative 3 was now "B" and Alternative 5 was now "C ".
Council discussion focused on the importance of maintaining space to be used for
public recreation such as soccer fields, etc. and the possibility that Upper Point Vicente
Park might be used for such purposes; the resource agencies and other
environmentalists being concerned that habitat be preserved at Upper Point Vicente
Park; and, the need for criteria to determine the boundaries for the "bubble" areas
Mike Mohler, 11777 San Vicente Blvd., #900, Los Angeles, CA 90049, spoke in
support of Alternative "C" but said he was in favor of advancing the NCCP process and
urged the Council to consider the needs of non only environmentalists and developers
but also those of the City, recreational organizations, and current and future residents.
He noted the success of the gnatcatcher existing and multiplying on the Ocean Trails
development, which he said proved that development and the environment could co-
exist with careful management.
Mike Walker, 25200 La Paz Road, #250 Laguna Hills, CA 92653, supported the
concept of additional analysis and said that the NCCP was much more than simply
preserving pieces of land. He discussed revegetation, acquisition, and management
and the need to have a plan which was affordable. He felt that the "bubble" concept
was feasible; that this concept would not necessarily require disturbing all habitat in the
areas; and, agreed that the environment and development could co- exist.
Bill Tippets, 4949 Viewridge Avenue, San Diego, CA 92123, California Department of
Fish and Game, felt that a good effort had been made; encouraged movement to the
next phase; and discussed problems with Alternative "C" such as no criteria for the
"bubble" areas, edge effects from developments such as golf courses and the need to
minimize such effects. He was opposed to fragmentation of preserve areas and
removing all habitat from a bubble area to then be restored. He felt that some variation
of one of three plans submitted would be feasible; and discussed the importance of
City Council Minutes
March 6, 2001
Page 3
considering costs.
Vic Quirarte, 29319 Quailwood, questioned concepts in the staff report that seemed to
pit conservationists against developers and felt that the City had been allowing
developers to slow the NCCP process. He felt that the majority of residents were
opposed to using City property for a portion of a golf course and compared this concept
to Ocean Trails, stating that Mr. Zuckerman had not requesting the use of City land for
his development.
Dena Friedson, 1737 Via Boronada, felt that Alternative "A" was the only plan which
met the conservation goals of the NCCP and was concerned about maintaining links
between habitat areas and protection of native vegetation. She urged the Council to
include Upper Point Vicente Park in the preserve regardless of the plan approved.
Barbara Gleghorn, 28850 Crestridge Road, speaking for the Steering Committee for
SOC II, stated that the resource agencies considered Upper Point Vicente Park to be
an important area for protecting the gnatcatcher. She stated that keeping public land
for public use would minimize acquisition costs; maximize conservation; and, continue
compliance with the agreement with the federal government when the land was granted
to the City. She said that she favored Alternative "A" but urged the Council to consider
the SOC II proposal if the Upper Vicente Park was not included in the NCCP. (A letter
including Ms. Gleghorn's comments is on file with the City Clerk's Office.)
Jim Knight, 5 Cinnamon Lane, spoke in opposition to Alternative "C" because it not
include Upper Point Vicente Park and he wondered if it was because of the proposed
golf course. He emphasized that the NCCP plan adopted should protect the
gnatcatcher and preservation of Upper Point Vicente Park would contribute to this
protection. He felt that if the NCCP was going to be successful there needed to be a
balance between development and the needs of the City and the environment and he
urged the Council to consider the proposal presented by SOC II at the January 16,
2001 Council meeting. (A letter including Mr. Knight's comments is on file with the City
Clerk's Office.)
Angelika Brinkmann -Busi, 2141 West 35th Street, San Pedro, South Coast Chapter of
California Native Plant Society, spoke in opposition to Alternative "C" because it did not
include Upper Point Vicente Park in the preserve and said that this area was important
for the gnatcatcher and for a connection to other habitat areas. She was concerned
about the bubble concept because it had no clearly defined criteria and because of the
plan to remove all habitat in the bubble areas and then restore part of it which would
greatly impact the quality of the habitat. She also felt that the development would the
bubble areas should be reduced to 25 %.
Jess Morton, 787 West 4th Street, San Pedro, CA 90731, Endangered Habitat League,
City Council Minutes
March 6, 2001
Page 4
agreed that 50% development in the bubble areas was too much and he was opposed
to disturbing existing habitat which he felt would take decades to restore to its current
condition. He felt that any NCCP plan should designate Upper Point Vicente Park as
part of the preserve and that the plan should also analyze revegetation costs.
Allen Franz, 1336 26th Place, San Pedro, CA 90732, endorsed Alternative "A" for its
size, and lack of fragmentation and wondered if Alternative "C" might allow for a portion
of golf course to be placed on public property.
Council discussion focused on the merits of analyzing all three plans versus only
Alternatives "A" and "C ". It was argued that Alternative "B" seemed to be favored by no
one. However, it was noted that there would not be a significant reduction in cost to
include all three plans and that CEQA review would require the analysis of multiple
plans. Further Council discussion included the sources of funds for acquiring open
space; the concept of including in the NCCP preserve property which the City did not
own; and the difficulty of removing land included in the preserve should the City's needs
change in the future.
Councilman Stern moved to analyze Alternatives "A" and "C" only. The motion died for
a lack of a second.
Mayor Pro Tern McTaggart moved, seconded by Councilman Byrd, to adopt the staff
recommendation to direct staff to proceed with the NCCP Program by initiating a
biological and economic analysis of the three draft alternatives.
The motion carried on the following roll call vote:
AYES: Byrd, McTaggart, Stern, and Mayor Lyon
ABSENT: Ferraro
RECESS & RECONVENE:
At 8:32 P.M., Mayor Lyon declared a recess. The meeting reconvened at 8:44 P.M.
Councilwoman Ferraro arrived at 8:44 P.M.
PUBLIC COMMENTS:
Janet Gunter, 358 West 6th Street, San Pedro, CA 90731, presented copies of a video,
as well as the introduction to a report on air pollution. In particular, she was concerned
about the impact that the enlarging of the Port of Los Angeles would have on air quality
in this immediate region. Although the video described the conditions resulting from a
similar port in the State of Texas, Ms. Gunter requested that the Council have the video
City Council Minutes
March 6, 2001
Page 5
aired on the Cox local government access channel so residents could be made aware
of the hazard that might result from the L. A. Port project. (Literature giving further
details of Ms. Gunter's comments is on file with the City Clerk's Office.)
Lois Larue, 3136 Barkentine Road, related incidents during the groundbreaking for the
expansion of the Point Vicente Interpretative Center and at the recent Whale of a Day
event; praised the City for awarding a contract to women engineers; and reported that
there was going to be a meeting at Rolling Hills Estates City Hall to protest increased
water rates.
Kathy Snell, 8 Vanderlip Drive, stated that annually 900 wild animals are trapped in the
City by Los Angeles County and euthanized. She requested that the City newsletter
advise residents how to avoid attracting wild animals to their property.
Richard Bara, 1 Peppertree Drive, reported, not as Chair of the Equestrian but as a
private citizen, that an unofficial sub - committee was working on the establishment of a
Rancho Palos Verdes Equestrian Center. He emphasized that this planning incurred
no cost to the City and no City staff time and that the subcommittee would report its
findings to the Equestrian Committee which would then report to the City Council. Mr.
Bara indicated the tentative 30 -acre location on a map and explained that the purpose
of the center would be to ensure that the Ride to Fly to Fly and Pony Club programs
would have a site to continue their operations.
Rowland Driskell, 30 Via Capri, representing the Villa Capri development, said that a
petition signed by homeowners indicated that almost all of the residents felt the City
should not give up public land at City Hall to a private developer.
Removal of Debris from a Canyon Outside the City Right -of -Way (1204 x 1200)
Council consensus was to continue to the meeting on April 3, 2001 to provide an
opportunity for the residents in that particular area to speak.
Landslide Geology —Zone II (1101 x 1801)
City Manager Evans presented the staff report of March 6, 2001 and the
recommendation to authorize the expenditure of $30,000 of general fund reserves for a
review by Cotton, Shires and Associates of existing geologic and geotechnical
documents to determine whether the data is sufficient to support the conclusions of the
Peer Review Group to allow development in Zone II under certain conditions. Using a
computer generated visual presentation, he showed a map with the eight zones in the
moratorium area established by Dr. Perry Ehlig.
Council discussion centered on a comparison of Zones One and Two, regarding current W
City Council Minutes
March 6, 2001
Page 6
development or lack of development, geological studies performed, and stability.
Comments were also made regarding whether the City should fund geological studies
on privately owned land and the possible effect on the stability of Zone Two from the
sewers currently being installed and from the proposed Altamira Canyon storm drain
project.
In response to a Council query, City Manager Evans replied that there would most likely
be sufficient funding for the Altamira Canyon drain project from County donations,
CDBG funds, and remaining funds from the sewer project.
Keith Ehlert, 927 Deep Valley Drive, Rolling Hills Estates, CA 90274, said that until the
early 1990's, he was a City geologist and that he had worked with Dr. Perry Ehlig since
1970. He felt that the overall stability of Zone Two was not as significant as the local
factor of safety on individual subdivided lots and he compared conditions in Zones One
and Two, describing studies conducted by Dr. Ehlig.
The following persons spoke in opposition to the staff report recommendation:
Tom Redfield, 31273 Ganado Drive; Joan Kelly, 6 Fruittree Road; Maureen Griffin, 5
Ginger Root Lane; Bill Griffin 5 Ginger Root Lane; Marianne Hunter, 1 Cinnamon Lane;
Lois Larue, 3136 Barkentine Road; and, Carole Davis, 27402 Sunnyridge Road, Palos
Verdes Peninsula, CA 90274.
A summary of their comments is as follows: It was important to postpone any review
until the effects of the sewers and the proposed Altamira Canyon storm drainage
project can be determined. There was a concern that the request for individual vacant
lot owners to develop their property would lead to requests for new housing tracts by
developers, or would lead to higher prices for open space. There was opposition to
spending City money to determine conditions on private property and to risking litigation
against the City if new construction causes land movement. An opinion was expressed
that some of the vacant lot owners bought their land knowing that construction would
not be allowed so it was incorrect to say that their rights had been taken away. There
was a request that a notice should be placed in the newspapers and letters sent to
property owners in the moratorium area when a hearing regarding development in the
moratorium area was scheduled. Even though it had been stated that the land in Zone
Two has not moved in 100,000 years, the same thing was said of Zone Five and there
was movement in 1974 and 1978. It was noted that a study performed in January 1996
by Impact Science suggested that an EIR be performed before any development was
allowed in Zone Two. There was an opinion expressed that the panel of experts and
Dr. Perry Ehlig did not agree about the stability of Zone Two and that there were
videotapes of the meetings were available for loan to substantiate this. It was felt that
vibration, not just ground water, could cause land movement.
City Council Minutes
March 6, 2001
Page 7
RECESS & RECONVENE:
At 10:22 P.M., Mayor Lyon declared a recess. The meeting reconvened at 10:32 P.M.
The following persons spoke in support of the staff recommendation:
Tracey LeRoy, 7936 East 3rd Street, Downey, CA 90241; John Monks, 32200 Schooner
Drive; Jesus Gutierrez, 1324 W. 35th St., San Pedro, CA 90731; Greg Clark, 1456
Silvius Drive, San Pedro, CA 90731; Jack Monks, 32200 Schooner Drive; Chris Haber,
8720 Bleriot Avenue, Los Angeles, CA 90045; Mike Ahahee, 1917 Via Tampa, Lomita,
CA 90717; Lisa Dennen, 32200 Schooner Drive; Michael Kiss, 616 N. Paulina Ave.,
Redondo Beach, CA 90277; Aerial Cruce, 17 Swift Court Newport Beach, CA 92663;
Richard Cruce, 17 Swift Court Newport Beach, CA 92663; Kathy Snell, 8 Vanderlip
Drive; and, Christopher Smith, 1236 Via Landera, Palos Verdes Estates, CA 90274.
A summary of their comments is as follows: A request was not being made to lift the
moratorium but merely for the City to grant exceptions, 15 of which have been granted
since the moratorium was established. When some lots in Zone II were purchased,
buyers believed that information from Dr. Perry Ehlig and the panel of experts indicated
that this area was stable enough for lots to be developed if the individual lot had a
safety factor of 1.5; that Zone Two had not moved in 100,000 years; that it was not part
of any slide; and that its inclusion in the moratorium area was cautionary until additional
studies could be conducted. Vacant lot owners felt it was unfair that they had to pay
ACLAD fees, property taxes, mortgage payments, weed abatement costs for fire safety;
and, that they received no benefit from owning their property. Vacant lot owners also
felt that they had not contributed to the landslide but homeowners in Zone Two had
because of the septic tanks adding to the ground water and yet these same
homeowners were receiving free sewers and the right to enjoy their home and the
privately owned vacant lots which constituted parkland for the homeowners. It was
opined that the City was in violation of the Fifth Amendment of the United States
Constitution because the vacant lot owners had been denied use of their land. To mark
the distinction between Zones One and Two, it was noted that Zone Two is not raw land
but an already subdivided, existing neighborhood. The question which needs to be
answered by a respected geologist is whether individual lots with a safety factor of 1.5
can be developed without causing land movement on that lot or adjacent properties.
The Council called Keith Ehlert to the podium to inquire if he felt that development of
homes on lots with at least a 1.5 safety factor would cause movement to adjacent
properties.
Mr. Ehlert replied that he was not aware of any way that development would trigger
movement and that it might help.
City Council Minutes
March 6, 2001
Page 8
Although it was argued that Cotton Shires should review the studies in the way they felt
best, Council consensus was to direct the review by Cotton Shires to answer the
specific question of whether development of homes on lots with at least a 1.5 safety
factor would cause movement to adjacent properties.
Other Council discussion topics included exceptions permitted in the past; whether the
City or owners of vacant lots in Zone Two applying for an exception should pay for the
review of past studies; and, whether the review should be postponed until the effects of
the sewers and the proposed Altamira Canyon drainage project are known.
� Councilwoman Ferraro moved, seconded by Mayor Pro Tern McTaggart, to (1)
Authorize the expenditure of $30,000 of general fund reserves for a review by Cotton,
Shires and Associates of existing geologic and geotechnical documents to determine
whether the data is sufficient to support the conclusions of the Peer Review Group to
allow development in Zone II under certain conditions. (2) Request that staff give
direction to the consultant as follows: (a) Review to include lots 8, 10, 22, and 98
Vanderlip Drive. (b) Review to determine if it is safe to build on lots with a localized
safety factor of 1.5 assuming that the gross area factor is not that high and to determine
any cumulative effect by development on the 40 vacant lots.
The motion carried on the following roll call vote:
AYES: Byrd, Ferraro, McTaggart, and Mayor Lyon
NOES: Stern
ORAL CITY COUNCIL REPORTS:
Mayor Pro Tern McTaggart reported that on March 1 the City Selection Committee met
in conjunction with the League of California Cities but an election could not be held
because for the third consecutive meeting there was no quorum.
ADJOURNMENT: Adjourned at 11:20 on the motion of Mayor Pro Tern McTaggart.
ATTEST:
CITY CLERK
WA2001 City Council Minutes \03062001 cc min.doc
City Council Minutes
March 6, 2001
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