APPROVAL OF CONSENT CALENDAR:

(This section of the agenda is for audience comments on items NOT on the agenda.)

Based on Government Code Section 54954.5
(All Statutory References are to California Government Code Sections)

G.C. 54956.8

Potential purchase of open space.

Property: Filiorum 7572-012-024, 7572-012-028, 7572-012-029,

7573-003-016, 7581-023-031, 7581-023-029, 7572-002-022

City Negotiators: City Manager; City Attorney; and, Director of Planning, Building and Code Enforcement

Negotiating Parties: York Long Point Associates

Under Negotiation: Price and Terms of Payment

Anticipated Litigation:

(G.C 54956.9(b)

A point has been reached where, in the opinion of the City Council/Agency on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City Council/Agency.

____________1_____________

(Number of Potential Cases)

A statement (voice mail message) made by Greg Sanders representing Sprint outside an open meeting of City and a record of the statement was made by Carol Lynch, City Attorney prior to the meeting and is available for public inspection in the City Clerk's office.

The meeting was called to order at 7:05 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: Ferraro, Gardiner, McTaggart, Stern, and Mayor Lyon

ABSENT: None

Also present were City Manager Les Evans; City Attorney Carol Lynch; Director of Planning, Building, and Code Enforcement Joel Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; Senior Planner Mihranian; City Clerk/Administrative Services Director Jo Purcell; and, Deputy City Clerk/Recording Secretary Jackie Drasco.

The winner from the last drawing was Albert Weinstein, who will receive a check for $250, which represents a year of free refuse service. Another card was selected.

City Clerk Purcell announced that requests had been received from the applicants to continue two items: the Review of Large Domestic Animal Nonconformity Statement No. 8 and the Request for Waiver of the Penalty Fee related to Conditional Use Permit No. 230.

Mayor Lyon announced that a request had been received to hear the following items immediately after approval of the Consent Calendar: Fencing and Signage at Inspiration Point and Vallon Drive/Hawthorne Boulevard Signalization.

Councilmember Gardiner asked that the Hawthorne Boulevard Beautification and Contract Amendments for San Ramon Project items be removed from the Consent Calendar for discussion.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart to approve the agenda, as amended. Motion carried.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart, to approve the amended Consent Calendar as follows:

Councilman Stern had submitted written revisions to the Minutes of August 21. Council consensus was to continue approval of the Minutes to the meeting on September 18, 2001.

Lois Larue, 3136 Barkentine Road, expressed her opposition to the type of pipe being purchased for the two drainage repair projects.

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.

Continued to September 18, 2001.

Reviewed and reconfirmed by a four-fifths (4/5) vote, the Council’s previous action on August 21 to authorize staff to conduct an informal bid process and pre-order HDPE drainage pipe for the Palos Verdes Drive South Drainage Repair Project.

Reviewed and reconfirmed by a four-fifths (4/5) vote, the Council’s previous action on August 21 to authorize staff to conduct an informal bid process and pre-order HDPE and RCP drainage pipe for the San Ramon Drainage and Landscape Stabilization Project.

ADOPTED RESOLUTION NO. 2001-65, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY MANAGER, THE ASSISTANT CITY MANAGER, AND THE DIRECTOR OF PUBLIC WORKS TO ACCEPT EASEMENTS ON BEHALF OF THE CITY FROM PROPERTY OWNERS.

(1) Accepted the work as complete. (2) Authorized the City Clerk to record a 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 Steiny and Company 35 days after recordation of the Notice of Completion by the County Recorder contingent on no claims being filed on the project.

Approved the comment letter of the Draft EIR/EIS for the proposed master plan improvements at Los Angeles International Airport and authorize the Mayor to sign the letter on behalf of the City Council.

Ordered received and filed.

(1) ADOPTED RESOLUTION NO. 2001-66, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2001-43, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2001-2002, TO CONTINUE CERTAIN EXPENDITURE APPROPRIATIONS FROM FISCAL YEAR 2000-2001. (2) ADOPTED RESOLUTION NO. 2001-67, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2000-33, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2000-2001, TO REDUCE THE BUDGET FOR CONTINUING APPROPRIATIONS THAT WILL BE REBUDGETED AND INCLUDED IN THE FISCAL YEAR 2001-2002 BUDGET.

ADOPTED RESOLUTION NO. 2001-68, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION 2000-33, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2000-2001, TO INCREASE BUDGETED APPROPRIATIONS IN THE GENERAL FUND AND RECYCLING FUND.

ADOPTED RESOLUTION NO. 2001-69, A RESOLUTION OF THE CITY COUNCIL OF

The motion to approve the Consent Calendar carried on the following roll call vote:

AYES: Ferraro, Gardiner, McTaggart, Stern, and Mayor Lyon

NOES: None

Assistant City Manager Petru presented the staff report of September 4, 2001 and the recommendation to approve the fencing design and signage for Inspiration Point and direct staff to install said improvements.

Assistant City Manager Petru added that Sarah Key Marer, who had initially requested this action, was in agreement with the staff recommendation.

Council discussion centered on alternate sources of funding for this project rather than using the General Fund; the length of the fence; and, changes to the wording on the warning sign to be posted in the area.

Lois Larue, 3136 Barkentine Road, commented on the appearance of the fence.

Councilman Stern moved, seconded by Councilwoman Ferraro, to approve the fencing design and amended signage for Inspiration Point and direct staff to install said improvements.

The motion carried on the following roll call vote:

AYES: Ferraro, Gardiner, McTaggart, Stern, and Mayor Lyon

NOES: None

Director Allison presented the staff report of September 4, 2001 and the recommendation to consider the recommendation from the Traffic Committee to install a signal at the intersection of Hawthorne Boulevard and Vallon Drive.

Council discussion focused on whether funding would be available from sources other than the General Fund; whether the Long Point project, if approved, could be required to pay a portion of the cost for the proposed signal because of increased traffic on Hawthorne Boulevard; the 11 warrants necessary to justify a signal, all of which were not satisfied; the possible need for other criteria to consider factors in addition to these standard warrants; analysis of other signals on Hawthorne for synchronization; the importance of providing ample warning of a signal as drivers come around the blind curve down the steep hill toward this intersection; the conflict of the current intersection sign and the flashing beacon; making sure a signal would improve safety, not make it worse; using definite criteria to make a decision regarding the signal for consistency in considering future signal requests; a comparison of other signals on other streets in the City with blind curves on steep slopes just prior to a signal; and, the possibility of increased rear-end collisions if a signal is installed.

Speaking in support of the recommendation were the following residents: Melvin Feldman, 6821 Vallon Drive; Tina Bothamley, 30714 Via La Cresta; Loretta Westlund, 6756 Vallon Drive, President of La Crest Homeowners Association; Thomas Cowell, 6780 Vallon Drive; Art Conner, 6729 Vallon Drive; Lilly Wang, 30626 Via La Cresta; Robert Bell, 6904 Vallon Drive; and, Robert King, 30764 Via La Cresta.

These speakers focused on the following concerns: Fog, rain, the blind curve, and the steep slope make it difficult to make a safe left turn on Hawthorne from Vallon; the money spent on a signal would be less than funds spent on a lawsuit if the City is held liable for a fatal accident; no one wants loss of life like the 12-year old girl from this neighborhood was killed at this intersection in 1983; there are more accidents at this intersection than are reported; delay in making a turn is not the issue but safety is; the traffic study should have been performed during the school year; there will be more traffic on Hawthorne because of the new Montessori school at Gold Cove, openings of other public schools, and possibly the Long Point development; other options to increase safety would be more speed limit signs along this portion of Hawthorne other than just the ones at Crest Road and Palos Verdes West and maybe stop signs at Via Rivera and Los Verdes Drive; approximately 80% of La Cresta Homeowners Association members are in favor of installation of this signal; the entrance to this tract was placed in a hazardous location when the County was controlling development.

Speaking in opposition to the recommendation were the following residents: Bill Kelly, 6611 Vallon Drive; Burton Glazer, 30514 Via La Cresta; and, Cathy Khaledi, 30524 Via La Cresta.

These speakers focused on the following concerns: The Traffic Committee made their recommendation prior to the traffic study being completed and they should look at this again now that they have the study; a large number of cars on Hawthorne would be inconvenienced by a small number of cars on Vallon; there have been no reported accidents there in the last year; that the most recent accidents would not have been prevented by a traffic signal; the beacon and cross traffic signs are so close together, it is hard to know which one to read and should be relocated; rear-end collisions would be increased because of long braking distance at speed traveled downhill in this area; there will always be delays when entering Hawthorne off Vallon in comparison to delays sometimes when one must wait for cross traffic to clear; a signal would cause an increase in noise from screeching brakes and diesel engines revving up; the specific 11 warrants are in place for a reason; alternatives were not studied adequately, particularly the traffic light at Dupre turning red when there was no cross traffic because some residents did feel that this improved the prospect of making a safe left turn onto Hawthorne from Vallon.

Further Council discussion centered on the signal being operated on demand: which meant that a red light would not be triggered on Hawthorne unless there was a car on Vallon; the trail period of coordinating the signal at Dupre and Hawthorne (up the hill from Vallon) to control traffic flow to possibly ease the process of turning onto Hawthorne from Vallon; the miniature light up the hill mirroring the signal at Vallon not being recognizing as a valid traffic control measure; the possibility of placing the signal on a very long mast arm and/or placing the signal on the opposite side of Hawthorne so that it could be seen as soon as possible traveling down the hill; the conflict of the flashing beacon being located so close to the intersection warning sign that it almost obscures it; the discrepancy between the frequency of accidents observed by the neighborhood versus the number of reported accidents; whether the times of the day that the traffic engineer took car counts provided the most helpful data; a comparison of conditions at this intersections with signals at other intersections in the City where the warrants were met; whether increased sheriff coverage would improve safety; why the residents seem to have felt the red light at Hawthorne and Dupre being triggered even when there was no cross traffic made the Hawthorne/Vallon intersection when the traffic engineer did not see a significant change; and, complaints received by drivers who were stopped by a red light at Dupre when there was no cross traffic.

Robert Bell described a near-miss accident that he observed which he believed would have been avoided if there had been a signal.

Cathy Khaledi felt that the trial period of using the Dupre signal up the hill to break up the stead flow of traffic down Hawthorne had resulted in safer turns at the Hawthorne/Vallon intersection.

Additional Council discussion focused on the near miss accidents which might result in a serious accident; the unfortunate placing of the entrance to this tract of homes which was allowed by Los Angeles County before the City was incorporated; the need to follow criteria consistently in installing signals; what new criteria should be included to take into account specific conditions at this intersection; making sure that safety is the focus of any action taken; and, the fact that so many residents in the area feel it is difficult to make a safe turn at the intersection indicates there is a problem even though the warrants do not show it.

Mayor Pro Tem McTaggart moved, seconded by Councilwoman Ferraro to approve the signal, direct staff to work with the Traffic Engineer to ensure that action taken will provide the greatest public safety.

Director Allison stated that two resolutions would be submitted at the next Council meeting, one approving installation of the signal with safety measures suggested by the traffic engineer and another with a budget adjustment.

Councilmember Gardiner suggested that the motion include a revision of the form used to include indicators that allow for this type of situation in order make consistent decisions and that staff speak to the residents to determine the best tome of the day to collect data.

The maker and seconder of the motion agreed to these additions.

Motion carried.

At 8:55 P.M., Mayor Lyon declared a recess. The meeting reconvened at 9:10 P.M.

Mayor Lyon opened the public hearing on this request to consider approval of Tentative Tract Map No. 52666, Grading Permit No. 2282, and Environmental Assessment No. 708. City Clerk Purcell announced that notice had been duly published and that all written comments were included in the agenda packet.

Senior Planner Mihranian presented the staff report of September 4, 2001 and the recommendation to adopt the proposed resolution adopting the Mitigated Negative Declaration and associated Mitigation Monitoring Program. (2) Adopt the proposed resolution approving, with conditions, Tentative Tract Map No. 52666, Grading Permit No. 2282 and Environmental Assessment No. 708, thereby allowing the land division of a 3.92-acre lot into 13 lots for single-family residential development with approximately 16,500 cubic yards of earth movement.

Councilwoman Ferraro, Mayor Pro Tem McTaggart, Councilmember Gardiner disclosed that they had met with Steve Kuykendall. Councilman Stern said that he had received a call from Steve Kuykendall but they did not discuss the project.

David Olin, 1243 Palm Drive, Hermosa Beach, CA 90254, said that he was the designer working with Mr. Esfahani and that he had worked with the neighbors and redesigned the project to accommodate their concerns. He said that there is not a plan established to dispose of the material from the existing road to comply with the City’s recycling requirements under AB939.

Lois Larue, 3136 Barkentine Road, spoke in opposition to the small size of the proposed lots.

Council discussion focused on the City of Palos Verdes Estates charge for trucks hauling dirt traveling their streets and their requirement that the truck to make a u-turn within a certain distance within their City.

Marshall Esfahani, 1460 Via Arco, Palos Verdes Estates, CA 90274, said that he would work with the City of Palos Verdes Estates to obtain their permission to bring the tucks through their City.

There being no further public testimony, Mayor Lyon closed the public hearing.

Director Allison said that he had spoken with the Public Works Director for the City of Palos Verdes Estates that afternoon and that he believed a reasonable solution could be worked out.

Further Council discussion centered on consideration of preserving views by the applicant and the fact that none of the neighbors were opposing the project.

Councilmember Gardiner moved, seconded by Mayor Pro Tem McTaggart to ADOPT RESOLUTION NO. 2001-70, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING THE MITIGATED NEGATIVE DECLARATION AND ASSOCIATED MITIGATION MONITORING PROGRAM. (2) ADOPT RESOLUTION NO. 2001-71, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, TENTATIVE TRACT MAP NO. 52666, GRADING PERMIT NO. 2282 AND ENVIRONMENTAL ASSESSMENT NO. 708, THEREBY ALLOWING THE LAND DIVISION OF A 3.92-ACRE LOT INTO 13 LOTS FOR SINGLE-FAMILY RESIDENTIAL DEVELOPMENT WITH APPROXIMATELY 16,500 CUBIC YARDS OF EARTH MOVEMENT and (3) make sure conditions are added which provide for dust control; to reduce the working hours to 9:00 A.M. to 5:00 P.M. on Saturday and to allow no work to be performed on Sunday; and, to make sure disposal of the material from the existing road complies with AB939. Motion carried

Mayor Lyon opened the public hearing on this request to consider approval of a revision to the conditions of approval for Vesting Tentative Tract Maps 50666 and 50667. City Clerk Purcell announced that notice had been duly published and that that all written comments were included in the agenda packet and that correspondence from Ray Green was included in material distributed to the Council before the meeting began.

Director Allison presented the staff report of September 4, 2001 and the recommendation to (1) Adopt the proposed resolution approving Addendum 13 to Environmental Impact Report 36 For Revision "R". (2) Adopt the proposed resolution approving Revision "R" to Vesting Tentative Tract Map 50666. (3) Adopt the proposed resolution approving Revision "R" to Vesting Tentative Tract Map 50667, revising the Conditions of Approval to revise a deadline for reconstructing La Rotonda Drive, adding a new deadline for re-paving portions of La Rotonda Drive, and placing a new deadline on the reconstruction of Palos Verdes Drive South.

Council discussion focused on correspondence from Ray Green which indicated that he was opposed to the staff recommendation even though it appeared that his concerns were being addressed and concern for land stability because the dirt stockpile on Ocean Trails property had become higher than allowed.

Ken Zuckerman, One Ocean Trails Drive, said that geologists from Cotton Shires were not concerned that the higher stockpile would create unstable land but he said that he had instructed the contractor not to add any additional dirt and to lower the height. He said that he had reported this to the City geologist when he became aware of the problem.

City Manager Evans said that when a report was received from the City geologist he would provide this to the Council.

Lois Wickham, 3200 La Rotondo Drive said that she had moved to Ocean Terraces seven months ago and was pleased with the peacefulness of the area but wondered when La Rotondo would be repaired because the road was very bumpy and she asked when the large hill of earth would be removed and where it was going.

Council advised Ms. Wickham that the earth was being used for the landslide repair.

Councilman Stern moved, seconded by Councilwoman Ferraro, to (1) ADOPT RESOLUTION NO. 2001-72, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES A APPROVING ADDENDUM 13 TO ENVIRONMENTAL IMPACT REPORT 36 FOR REVISION "R". (2) ADOPT RESOLUTION NO. 2001-73, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION "R" TO VESTING TENTATIVE TRACT MAP 50666. (3) ADOPT RESOLUTION NO. 2001-74, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION "R" TO VESTING TENTATIVE TRACT MAP 50667, REVISING THE CONDITIONS OF APPROVAL TO REVISE A DEADLINE FOR RECONSTRUCTING LA ROTONDA DRIVE, ADDING A NEW DEADLINE FOR RE-PAVING PORTIONS OF LA ROTONDA DRIVE, AND PLACING A NEW DEADLINE ON THE RECONSTRUCTION OF PALOS VERDES DRIVE SOUTH. Motion carried

Mayor Lyon opened the public hearing on this request to consider approval of a proposed amendment to Ocean Trails Development Agreement and amendment to Declaration of Restrictions. City Clerk Purcell announced that notice had been duly published and that all written comments had been made a part of agenda package.

Director McLean presented the staff report of September 4, 2001 and the recommendation to approve the proposed Amendment to Ocean Trails Development Agreement and the Amendment to Declaration of Restrictions regarding the determination of Ocean Trail’s golf tax liability and authorize the Mayor and the City Clerk to execute the documents on behalf of the City.

Council discussion centered on the breaking out of non-taxable fees, such as golf carts, from taxable fees for rounds of golf and the amounts of these fees; and, the change in the fee from year to year for a round of golf and the maintaining of the ratio between cart and golf fees even with these changes in fees.

City Attorney Lynch provided changes to the language in the development agreement and advised the Council that this agreement had to be approved by the Bankruptcy Court handling Ocean Trails’ bankruptcy.

Ken Zuckerman, One Ocean Trails Drive, said that he not had an opportunity to review the bankruptcy approval language and wished to have his attorney review it as well.

There being no response to the Mayor’s call for public testimony, she declared the hearing closed.

Councilman Stern moved, seconded by Councilmember Gardiner, to approve the proposed amendment with City Attorney Lynch’s language changes.

City Attorney Lynch suggested that rather than approve the amendment at this time, continue the item to provide time for Ken Zuckerman to review the changes.

Councilman Stern withdrew his motion.

Council consensus was to continue the item to September 18, 2001.

Director Allison presented the staff report of September 4, 2001 and the recommendation to remove the U-Turn restriction at the intersection of Hawthorne Boulevard and Highridge Road.

Council discussion focused on easier access to the car wash at Hawthorne and Highridge which would be accomplished with the removal of this U-turn restriction; the City’s wish to be "business friendly"; the recent U-turn prohibition at the first opportunity to make a U-turn on Highridge to enter the car wash from that street; the redesign of the car wash to allow access from Hawthorne as well as from Highridge and to place the facility closer to the street which made a sharper turn necessary to drive onto the property; the possibility of a green arrow on Hawthorne and a no right turn on red restriction on Highridge to allow safer U-turns if the restriction were to be lifted; the recommendation from the Traffic Committee which recommended maintaining the U-turn restriction even though the traffic engineer recommended that U-turn should be allowed; a fatal accident which originally out the U-turn restriction in place; the possibility of cutting through the median to make possible a left turn off Hawthorne; the dangerous situation created if a U-turn was made from Hawthorne and then immediately a sharp right turn into the car wash; the need for a traffic study, during the school year, to provide more accurate information; a discussion of other intersections on Hawthorne where U-turns are allowed; the need to make a decision based on data in order to make consistent decisions in the future; a direction to staff to provide specific information to be gathered in an additional traffic study;

City Attorney Lynch clarified that the owner of the car wash could not be asked to bear all or a portion of the cost to make modifications at the intersection because he did not have an application submitted to the City for changes to his property or business.

(Mayor Lyon, who was ill, left the meeting at 10:55 P.M.)

Shiraz Govani, 6945 Alta Vista Drive, owner of the car wash at this intersection, said that the Council approved the redesign of his business and noted that he had 53 signatures from his customers supporting the approval of a U-turn off Hawthorne.

Councilman Stern moved, seconded by Mayor Pro Tem McTaggart, to continue this item to September 18 and directed staff to provide criteria for an additional traffic study at that time.

The motion carried (3-1-0) on the following roll call vote:

AYES: Gardiner, McTaggart, and Stern

NOES: Ferraro

ABSENT:Mayor Lyon

City Attorney Lynch presented the staff report of September 4, 2001 and the recommendation to introduce the proposed ordinance amending certain provisions of the Rancho Palos Verdes Municipal Code regarding the City’s golf tax.

Council discussion centered on the monthly payment of golf tax, the addition of a provision to make bundling golf fees with other charges clear so there is no avoidance of paying tax; and, whether Los Verdes County Golf Course should continue to be exempt from golf tax.

Councilman Stern moved, seconded by Mayor Pro Tem McTaggart, to continue this item to September 18 to provide time for City Attorney Lynch to look into the issues raised. Motion carried.

(1) Approved the preliminary median and parkway landscape plan for Hawthorne Boulevard. (2) Authorized a contract amendment with Land Images, Inc., to provide professional services in an amount of up to $53,500 to prepare final construction plans for the first phase of landscape improvements for Hawthorne Boulevard. (3) Revised the expenditure plan for the Recycling Fund, to reprogram funds from the neighborhood beautification program to Hawthorne Boulevard Beautification efforts. (4) Requested staff to prepare a fence/wall improvement program for Hawthorne Boulevard that establishes a fence/wall standard for Hawthorne Boulevard, and provides City funding for a portion of the cost of private fence/wall replacement.

Council consensus was to continue this item to September 18 because Mayor Lyon had left meeting because of illness.

(Councilwoman Ferraro left the meeting at 11:20 P.M.)

Assistant City Manager Petru presented the staff report of September 4, 2001 and the recommendation to authorize the Mayor and the City Clerk to amend the Professional Service Agreements associated with the San Ramon Project as follows: (1) Increase AMEC Earth and Environmental Inc. contract by $39,857 for a total contract amount of $84,107. (2) Increase DMc Engineering contract by $70,220 for a total contract amount of $124,610. (3) Increase Helix Environmental Planning Inc. contract by $14,500 for a total contract amount of $48,200.

Staff answered Council concerns regarding the procedure for requesting additional funds for projects already approved and noted that the scope of this particular project had changed drastically but that change orders were considered on a case by case basis to make sure that contractors did not offer a low price and then seek ways to obtain additional funds.

Councilmember Gardiner moved, seconded by Councilman Stern, to authorize the Mayor and the City Clerk to amend the Professional Service Agreements associated with the San Ramon Project as follows: (1) Increase AMEC Earth and Environmental Inc. contract by $39,857 for a total contract amount of $84,107. (2) Increase DMc Engineering contract by $70,220 for a total contract amount of $124,610. (3) Increase Helix Environmental Planning Inc. contract by $14,500 for a total contract amount of $48,200.

The motion carried on the following roll call vote:

AYES: Gardiner, McTaggart, and Stern

NOES: None

ABSENT: Ferraro and Mayor Lyon

Director Rojas presented the staff report of September 4, 2001 and the recommendation to review and adopt City Council Policy No. 34, which establishes a policy for handling "Border Issues."

Council discussion focused on how long a project is tracked and when would it be removed from the list of border issues being tracked.

Staff felt that an issue would be tracked until there was nothing more that the City could do to influence its resolution.

Council consensus was to incorporate this concept into the flow chart.

Councilmember Gardiner moved, seconded by Councilman Stern to adopt City Council Policy No. 34, as amended, which establishes a policy for handling "Border Issues." Motion carried.

City Manager Evans presented the staff report of September 4, 2001 and the recommendation to review the current status of border issues and provide direction to the City Council Committee and staff.

City Attorney Lynch reported that the time period has passed to comment on environmental issues for the Garden Village shopping center and that there was a possibility that the project could be challenged on a nuisance basis, depending on analysis of Bill Cotton's geology report which has just been received by the City.

Staff felt that analysis of Mr. Cotton’s report might bring forth issues which could be discussed with the developer.

Council consensus was to add this project to a future agenda when there is new information to report.

City Manager Evans presented the staff report of September 4, 2001 and the recommendation to direct staff to prepare an amended ordinance imposing additional restrictions on mobile food vendor parking.

Council discussion centered on the concerns associated with the operation of mobile food vendors such as noise and litter. It was noted that these businesses have City business licenses, have a legal right to operate, and that the City could not put restrictions on them merely to avoid competition with existing stationary businesses.

Councilman Stern moved, seconded by Councilmember Gardiner, to direct staff to prepare an ordinance based on consistency with other local cities.

City Clerk Purcell presented the staff report of September 4, 2001 and the recommendation to make Council assignments to certain delegate and alternate positions previously held by former Councilman Byrd.

Councilman Stern moved, seconded by Councilmember Gardiner, to continue this item to September 18 since Mayor Lyon had left the meeting because of illness and the Mayor makes these assignments.

City Attorney Lynch reported that no action was taken on either of the two items.

____________________
MAYOR

ATTEST:

______________________
CITY CLERK

TO: HONORABLE MAYOR AND MEMBER OF THE CITY COUNCIL

SUBJECT: AMENDMENT OF MUNICIPAL CODE – GOLF TAX

To approve the attached ordinance to the City’s golf tax.

At the last Council meeting, the City Attorney introduced an ordinance, which made a few minor amendments to the City’s golf tax that is set forth in Chapter 3.40 of the Municipal Code.

The attached ordinance expands the definition of "operator" to include agents, in the event the operator sells or transfers a block of tee time use of the golf course. As revised, that section now states:

In addition, paragraph G has been added to Section 3.40.040 to require any operator to adhere to generally accepted accounting principles that are acceptable to the City’s Finance Director, serving in the capacity of the tax administrator:

Staff recommends that the City Council adopt the ordinance.

Respectfully submitted,

___________________
Dennis McLean
Finance Director

Reviewed by,

__________________
Les Evans
City Manager

ORDINANCE NO. ___

THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDAINS AS FOLLOWS:

Section 1. Section 3.40.020 of Chapter 3.40 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended by amending paragraph C thereof to read as follows:

Section 2. Section 3.40.40 of Chapter 3.40 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows:

"3.40.040Tax collection.

Section 3.Section 3.40.130 of Chapter 3.40 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended by amending paragraph B thereof to read as follows:

Section 4.Savings Clause. The provisions of this ordinance are substantially the same as those originally set forth in Ordinance No. 291, as adopted in 1993. Therefore, this ordinance is to be construed as a restatement and continuation of this earlier ordinance, as previously codified, and not as a new enactment. Nothing contained in this ordinance shall be interpreted or enforced in any manner as to constitute an increase in the amount of the tax imposed by Ordinance No. 291.

Section 5.Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council of the City of Rancho Palos Verdes hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

PASSED, APPROVED and ADOPTED this ___ day of September, 2001.

_________________________
Mayor

ATTEST:

___________________________
City Clerk

Staff Coordinator: Lauren Ramezani, Sr. Administrative Analyst

Adopt Resolution No. 2001- ___, amending Resolution 2001-43, the budget appropriation for FY 2001-02, to increase budgeted appropriations in the Solid Waste Fund to fund new and enhanced recycling and NPDES activities.

The Solid waste fund funds activities relating to recycling, used oil, composting, and solid waste reduction activities. AB 939 mandates that cities reduce their solid waste disposal by 25% in 1995 and by 50% in the year 2000. The City's approved diversion rate for 1995, 1996, 1997 and 1998 were 28%, 20%, 38%, and 44% respectively.

As part of these efforts, the City has recently requested to change its base year from 1990 to 1999. California Integrated Waste Management Board (CIWMB) staff is currently reviewing the City's request. At this time our request is tentatively scheduled to be heard at the November 2001 CIWMB meeting is Sacramento. It is estimated that the City's 1999 and 2000 diversion rates, if the base year is approved, will be 30% and 44% respectively. However, the City's final 1999 and therefore 2000 diversion rates will be determined pending the outcome of the November meeting.

Staff is requesting additional appropriation in the Solid Waste Fund to promote new and enhanced recycling efforts for the following activities:

1. Electronics Recycling Day, October 27, 2001- This is a new event. Funding needed for producing Public Service Announcement (PSA), newspaper advertising and providing giveaways to participants at the upcoming event. If successful, this could become an annual event.
2. Composting Workshop, October 20, 2001- This is an annual event, however, additional funding is needed for printing a new gardening/pest control handbook for use at the public counter and for workshop participants.
3. NPDES Required Activities- This is a new funding source. Staff requested and has received approval for used oil funding for a couple of activities that typically were paid for by Gas Tax or General Fund. These include catch basin stenciling and storm water pollution prevention PSAs.

Staff will continue to work closely with the City's NPDES consultant to enhance other activities utilizing the used oil funds. Additional funding will be used to increase newspaper advertising, school assemblies, public education pieces and outreach.

4. City Newsletter- This is a new activity. Additional funding is needed to offset the increased cost associated with printing the City newsletters on recycled paper.

The attached resolution approves the additional budget of $12,000 in the Solid Waste Fund.

If the budget appropriation for additional solid waste funding is not approved, NPDES activities will continue to be charged to other funds rather than the solid waste fund, and other new recycling and additional used oil promotional and public education activities will be limited.

If authorized by City Council, the adopted FY 2001-02 budget will receive an additional appropriation in the amount of $12,000 from the Solid Waste Fund. A budget adjustment is needed in order to provide the additional funding to promote the upcoming Electronics Recycling Day, provide funding for NPDES required activities that typically were funded by Gas Tax or the General Fund and other public outreach. The Solid Waste Fund has an estimated FY 2001-02 year-end fund balance of $746,000.

Respectfully Submitted:
Dean E. Allison, Director of Public Works

Reviewed by:
Les Evans, City Manager

Attachment:Resolution 2001- ___

WHEREAS, Section 3.32 of the Rancho Palos Verdes Municipal Code provides that all expenditures in excess of budgeted allocations must be by supplemental appropriation of the City Council: and

WHEREAS, on June 5, 2001, the City Council of the City of Rancho Palos Verdes adopted Resolution 2001-43, approving a spending plan and authorizing a budget appropriation for the 2001-02 fiscal year: and

WHEREAS, the City Council desires that the fiscal year 2001-02 budget appropriation be increased as follows:

BE IT, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES:

The following increase be made to the fiscal year 2001-02 Solid Waste Fund budget:

PASSED, APPROVED, AND ADOPTED THE 16th DAY OF OCTOBER, 2001.

___________________________
MAYOR

ATTEST:

______________________
CITY CLERK

State of California)
County of Los Angeles)ss
City of Rancho Palos Verdes)

I, JO PURCELL, City Clerk of The City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2001- __ was duly and regularly passed and adopted by the said City Council at regular meeting thereof held on October 16, 2001.

_____________________________
CITY CLERK
CITY OF RANCHO PALOS VERDES

Staff Coordinator: Lauren Ramezani, Sr. Administrative Analyst

Authorize the Mayor and City Clerk to sign an agreement with SoCal Computer Recyclers for an Electronics/Computer recycling event.

AB 939 mandates that each city reduce its solid waste by 25% by 1995 and 50% by 2000. In recent years, disposed computers and electronic equipment is one of the fastest growing segment of items landfilled.

The City is organizing an Electronics Recycling Day on Saturday, October 27, 2001 from 9 a.m. to 3 p.m. at City Hall/City Yard to provide an opportunity to recycle, reduce and reuse electronics and computer material. The event will be similar to a household hazardous waste roundup that is held at the City Yard on an annual basis. The other peninsula cities of Rolling Hills, Rolling Hills Estates and Palos Verdes Estates are also participating and promoting this event.

Staff has negotiated an agreement with SoCal Computer Recyclers (SoCal), formerly All Tech, for this recycling roundup event. SoCal has provided similar roundup events for several cities such as Torrance, Redondo Beach, Lakewood and Los Angeles. SoCal will accept items such as computers, monitors, printers, cables, keyboards, TVs, stereos, telephones, VCR's, handheld computer games and network equipment. These items can be in working or not working condition. SoCal will not accept furniture, software and appliances such as washing machines and microwaves.

SoCal will provide labor, transportation, survey takers and traffic control to execute a successful event. This will be done at no cost to the City or participants. SoCal will load the equipment brought to City Hall into their trucks(s) and transport the equipment to their facility in the City of Hawthorne that same day.

Typically, most dropped off equipment is either too old or broken. This old and obsolete equipment is sold by SoCal. SoCal will resell used non-working equipment that may have a market value after all information on the hard drive is erased. Steel, aluminum, copper, plastic and gold will be reintroduced into the raw materials stream. Hazardous CRTs (Cathode Ray Tubes) can be rebuilt into new monitors, thus alleviating the treat of dumping lead into landfills. There will also be a few working equipment collected, which will be donated to schools, churches and non-profit organizations. This roundup is timely, because beginning, November 1, 2001, TVs and monitors will be considered as "universal Waste" and can no longer be disposed at landfills and will not be picked up at the curb by the City haulers. These items will have to be disposed at other similar events.

Approximately a week after the event, the City will receive a report detailing total weight recycled, number of participants, the City of residence, and summary of equipment collected, etc. This event will help reduce the City's solid waste disposal tonnage at landfills and improve the City's recycling efforts

The City newsletter, a billing insert, City website, a public service announcement (PSA) and Channel 3 Reader Board are currently promoting this event. PV on the Net will also provide 1-2 volunteers to help with taking survey information from participants.

There is no fiscal impact to the staff recommendation. Staff does estimate a cost of approximately $2,600 for administration, event promotion, newspaper advertising, and funding PSA and giveaways to participants. On October 16, 2001, in a separate staff report, staff requested additional budgetary appropriation to cover these costs. The proposed funding source is the Solid Waste Fund, which has an estimated FY 01-02 year-end balance of $746,000.

Respectfully Submitted:
Dean E. Allison, Director of Public Works

Reviewed by:
Les Evans, City Manager

Attachment:Agreement

FROM: DIRECTOR OF PUBLIC WORKS

Staff Coordinator: Lauren Ramezani, Sr. Administrative Analyst

1. Authorize the Mayor and City Clerk to sign a Memorandum of Understanding (MOU) between the cities of Lomita, Lakewood, Rancho Palos Verdes, Redondo Beach and Torrance, and Food Finders, a non-profit organization, relative to the administration and management of a Reuse Assistance Grant that was previously approved by the California Integrated Waste Management Board (CIWMB).
2. Adopt Resolution No. 2001 - ___, amending Resolution 2001-43, the budget appropriation for FY 2001-02, to increase budgeted appropriations in the Solid Waste Fund to fund the grant's required match.

AB 939 established a hierarchy for solid waste management with the most preferred option being source reduction, which includes materials reuse. Reuse is defined, as using a material over again in its current form without any significant processing that would alter its material structure.

A multi-jurisdictional grant with the cities of Lomita, Lakewood, Rancho Palos Verdes (RPV), Redondo Beach, and Torrance was submitted to the California Integrated Waste Management Board (CIWMB) in March 2001. This grant was approved by the CIWMB in April 2001. The grant is for a two-year period beginning May 1, 2001 and ending May 1, 2003. The City of Lomita will be the lead agency managing and administering the grant for the cities. The cities intend to work with Food Finders, a nonprofit organization established in 1989 that is dedicated to feeding those in need. Food Finders collects and distributes food along with other essential items to over 160 service agencies such as missions, shelters, senior centers and children's homes in both Los Angeles and Orange Counties at no cost to recipients. To date, Food Finders has diverted over 13 million pounds of food to the needy, that otherwise would have ended up in landfills. Food Finders will initially target large supermarkets in the participating cities, followed by restaurants and smaller food establishments.

The grant requires a 50% match. The cities collectively applied for the grant maximum of $50,000 and the participating cities committed to another $50,000 in required matching funds. RPV's share is $10,000. RPV's match commitment for the grant was $5,000 for FY 2001-02 and $5,000 for FY 2002-03. The participating cities are providing a total of $45,000 in cash and $5,000 in printing and other services for the grant's match. The breakdown of each city's match and contribution is outlined in the MOU.

On February 20, 2001, City Council approved providing a City match in the amount of $5,000 in FY 2001-02 and $5,000 in FY 2002-03 as part of the grant application. The attached resolution merely approves the additional expenditure of $5,000 in the City Grants of the Solid Waste Fund.

The grant was approved in the amount of $28,168; however, CIWMB staff has notified the cities of the possibility of the grant increasing to the requested $50,000 because another CIWMB grant recipient may not be able to fulfill its grant obligations and the additional funding could be given to our grant.

Staff recommends keeping the city's match to the above amounts because:

• All participating cities have agreed to maintain their original committed match funds in order to make this project more successful. Reducing the match will negatively impact the project.
  
  
• CIWMB has informed the cities that the grant might be fully funded after all and an equal match is required to receive the funds.

This MOU was approved by the City Attorney's office and outlines each city's responsibility and financial commitment and requires Food Finders to submit reports and food tonnage information to the cities. Food Finders will also indemnify and hold harmless the cities and will provide general liability and commercial auto liability insurance, with each of the cities as additionally insured. Fortunately, "The Good Samaritan Law" states when food is donated in good faith, the donor is not liable unless it can be proved that the donor intentionally sought to injure food recipients.

1. The food re-use grant has already been approved, but a MOU is needed to implement the program. If the MOU is not submitted, the City cannot participate in this grant program.
2. Reduce the City's match from $5,000 to $2,800. However, staff does not recommend this reduction since it will hinder Food Finders ability to properly service the cities.

If authorized by City Council, the City will provide a $5,000 funding match for FY 2001-02. The additional $5,000 match for FY 2002-03 will be requested later as part of the FY 2002-03 budget approval process. Providing a matching fund is a condition of the

grant and will be paid from the Solid Waste Fund. A budget adjustment is needed in order to provide the required match for the first of the two fiscal years. The Solid Waste Fund has an estimated FY 2001-02 year-end fund balance of $746,000.

Respectfully Submitted:
Dean E. Allison, Director of Public Works

Reviewed by:
Les Evans, City Manager

Attachments:
Resolution
MOU

WHEREAS, Section 3.32 of the Rancho Palos Verdes Municipal Code provides that all expenditures in excess of budgeted allocations must be by supplemental appropriation of the City Council: and

WHEREAS, on June 5, 2001, the City Council of the City of Rancho Palos Verdes adopted Resolution 2001-43, approving a spending plan and authorizing a budget appropriation for the 2001-02 fiscal year: and

WHEREAS, the City Council desires that the fiscal year 2001-02 budget appropriation be increased as follows:

The following increase be made to the fiscal year 2001-02 Solid Waste Fund budget:

PASSED, APPROVED, AND ADOPTED THE 16th DAY OF OCTOBER, 2001.

___________________________
MAYOR

ATTEST:

______________________
CITY CLERK

State of California)
County of Los Angeles)ss
City of Rancho Palos Verdes)

I, JO PURCELL, City Clerk of The City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2001- __ was duly and regularly passed and adopted by the said City Council at regular meeting thereof held on October 16, 2001.

_____________________________
CITY CLERK
CITY OF RANCHO PALOS VERDES

Whereas, AB 939 (Sher, Chapter 1095, Statutes 1989) established a hierarchy for solid waste management with the most preferred option being source reduction, which includes materials reuse. Reuse is defined as using a material over again in its current form without any significant processing that would alter its material structure; and

Whereas, at the October 26, 1999 California Integrated Waste Management Board (Board) meeting, a funding allocation was approved for a major reuse initiative. A component of this initiative was funding for encouraging California public agencies to promote and apply the concept of reuse; and

Whereas, the Reuse Assistance Grants are available to California local public agencies as defined by Government Code § 54951; and

Whereas, public agencies may apply as part of a regional group; and

Whereas, a local public agency may partner with a California nonprofit organization or commercial business to fulfill the requirements of this grant program; and

Whereas, the City of Lomita, (Applicant), has agreed to be the lead agency in a joint application, and as the applicant, will be responsible for administering the grant, and be accountable for how the grant funds are expended; and

Whereas, the joint program seeks to remove edible food from the solid waste stream and divert it to those who require assistance in meeting their daily nutritional needs; and

Whereas, the cities of Lakewood, Rancho Palos Verdes, Redondo Beach and Torrance have agreed to cooperate in a combined effort to divert edible food from the solid waste stream; and

Whereas, Food Finders, a non-profit organization established to collect edible food and divert it to other agencies that immediately distribute the collected food to those in need of supplemental nutritional sustenance, has agreed to coordinate the collection, diversion, documenting and reporting of any edible food collected and diverted as a result of their participation in this grant application; and

Whereas, Food Finders has agreed to name each participating city as an additional insured on their insurance policy, in addition to the protections afforded each agency through the State’s recent codification of the Good Samaritan Laws; and

Whereas, by the signing of this Memorandum of Understanding, each Agency agrees to adhere to the requirements of the California Integrated Waste Management Board (Board) Reuse Assistance Grant Application program.

Now, Therefore, the parties hereto, in consideration of the mutual benefits and promises contained herein, hereby agree as follows:

1. The participants understand that this grant application applies for funds that will provide sufficient resources to cover one-half of the program costs for a total of two (2) years.

2. The participants further understand that between the participants, an equal amount of matching funds need to be contributed in order to meet the requirements of this grant program.

3. The parties further understand that this Memorandum of Understanding (MOU) affirms that each governmental agency will actively participate in the proposed program to the extent of its respective organizational commitment.

1. The respective participation of each of the participating agencies are as follows:
1. Lomita, as lead Agency, shall be responsible for overall grant administration. Additionally, Lomita shall provide a total of five thousand dollars ($5,000) over the two (2) year term of the grant program at a rate of two thousand five hundred dollars ($2,500) per year.
2. Rancho Palos Verdes shall provide a total of ten thousand dollars ($10,000) over the two (2) year term of the grant program at a rate of five thousand dollars ($5,000) per year.
3. Torrance shall provide a total of twenty thousand dollars ($20,000) over the two (2) year term of the grant program at a rate of ten thousand dollars ($10,000) per year.
4. Lakewood shall provide a total of ten thousand dollars ($10,000) over the two (2) year term of the grant program at a rate of five thousand dollars ($5,000) per year.
5. Redondo Beach shall provide brochure design and printing over the two (2) year term of the grant program.

4. Participating Cities also understand and agree that they are required to provide Applicant with all program documentation necessary for Applicant to complete all reports required by the Board.

Food Finders, shall submit to each City such other information or reports in such forms and at such times as the City may reasonably request or require, including, but not limited to the following:

1. Quarterly Reports shall be provided to each participating City within thirty (30) days following the end of each calendar quarter. These quarterly reports shall provide a summary of the following:

6. Food Finders understands and agrees that it shall obtain and maintain, at its own expense, the following types and levels of insurance which shall be obtained from companies that are admitted to do business in the State of California with an A M Best rating of at least A-VII:

"The Cities of Lomita, Torrance, Rancho Palos Verdes, Lakewood and Redondo Beach, their employees, agents, volunteers and officers, are hereby added as additional insureds regarding liability arising out of activities performed by or on behalf of Food Finders."

"This policy shall be considered primary insurance as respects any other valid and collectible insurance the participating Cities may possess including any self-insured retention, and any other insurance the Cities do possess shall be considered excess insurance and shall not contribute with it."

"This policy shall act for each insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company."

"Thirty (30) days’ prior written notice by certified mail, return receipt requested, shall be given to each of the participating Cities in the event of suspension, cancellation, reduction in coverage or in limits or non-renewal of this policy for whatever reason. Such notice shall be sent to the City Administrators/Managers, City Attorneys and City Clerks."

"The Cities of Lomita, Torrance, Rancho Palos Verdes, Lakewood and Redondo Beach, their employees, agents, volunteers and officers, are hereby added as additional insureds regarding liability arising out of activities performed by or on behalf of Food Finders."

"This policy shall be considered primary insurance as respects any other valid and collectible insurance the participating Cities may possess including any self-insured retention, and any other insurance the Cities do possess shall be considered excess insurance and shall not contribute with it."

"This policy shall act for each insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company."

"Thirty (30) days’ prior written notice by certified mail, return receipt requested, shall be given to each of the participating Cities in the event of suspension, cancellation, reduction in coverage or in limits or non-renewal of this policy for whatever reason. Such notice shall be sent to the City Administrators/Managers, City Attorneys and City Clerks."

In Witness Whereof, the parties to this Memorandum of Understanding have caused this Agreement to be executed as of the date set forth below by the signature of their respective authorized officers.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

Staff Coordinator: Judy A. Huey, Senior Administrative Analyst

Adopt Resolution 01- , a resolution of the City Council of the City of Rancho Palos Verdes, amending Resolution 2001-43, the budget appropriation for fiscal year 2001-2002, for a budget adjustment to the City’s Capital Projects Fund.

On October 2, 2001 the City Council authorized staff to proceed with the overlay of Crenshaw and Hawthorne Boulevards, including Segment One, as well as Segments Two and Three. Although funding for Segment One was previously approved by Council as part of the FY 2001-2002 budget, Segments Two and Three required additional funding and Council directed staff to prepare a budget adjustment to cover the additional costs.

The FY 2001-2002 approved budget allocated $880,000 for the overlay of Crenshaw and Hawthorne Boulevards. However, subsequent to the adoption of the budget it became apparent that the cost of energy related products, including roadway materials, had increased substantially, and the engineer’s final cost estimates for this project far exceeded the budget. On October 2, 2001 the City Council awarded contracts totaling $1,067,399 for the construction of all three segments of the Crenshaw Boulevard and Hawthorne Boulevard Arterial Rehabilitation project. Based on the previously approved budget allocation of $880,000, the additional funding required to complete all three segments of the project is $187,399. Possible funding sources for these additional costs were identified in the October 2, 2001 staff report as the Proposition C Fund, the Gas Tax Fund, and Traffic Congestion Relief (AB2928) funds. Staff has investigated these funding sources and found that funds are available from all three sources.

Adopting the staff recommendation will authorize additional funding of $187,399 for the Crenshaw Boulevard and Hawthorne Boulevard Arterial Rehabilitation project.

The $187,399 expense was not anticipated in the adopted FY 2001-02 budget, and a budget adjustment is necessary to allocate funds for this project. The funding sources are the Proposition C Fund which has an estimated fund balance of $148,848 and $40,000 of Traffic Congestion Relief (AB2928) funds.

Respectfully submitted,

Dean Allison
Director of Public Works

Reviewed,

Les Evans
City Manager

Attachments:
Budget Resolution No. 2001-

RESOLUTION NO. 2001-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS

VERDES, AMENDING RESOLUTION 2001-43, THE BUDGET APPROPRIATION

FOR FISCAL YEAR 2001-02, FOR A BUDGET ADJUSTMENT TO THE CITY’S

CAPITAL IMPROVEMENT PROJECTS FUND

WHEREAS, Section 3.32 of the Rancho Palos Verdes Municipal Code provides that all expenditures in excess of budgeted allocations must be by supplemental appropriation of the City Council; and

WHEREAS, on June 5, 2001, the City Council of the City of Rancho Palos Verdes adopted Resolution 2001-43, approving a spending plan and authorizing a budget appropriation for the 2001-02 fiscal year; and

WHEREAS, it is necessary for the City to allocate additional funds for the Crenshaw Boulevard and Hawthorne Boulevard Arterial Rehabilitation project; and

WHEREAS, a budget increase in the Capitol Improvement Projects Fund is necessary to authorize the expenditure of additional funds for the project.

BE IT, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES:

The following adjustments be made to the following fund budgets:

Capital Improvement Projects Fund:

PASSED, APPROVED, AND ADOPTED THE 16^TH DAY OF OCTOBER, 2001.

___________________________
MAYOR

Resolution No. 2001-
Page 1 of 2

ATTEST:

______________________
CITY CLERK

State of California)
County of Los Angeles)ss
City of Rancho Palos Verdes)

I, JO PURCELL, City Clerk of The City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2001- was duly and regularly passed and adopted by the said City Council at regular meeting thereof held on October 16, 2001.

_____________________________
CITY CLERK
CITY OF RANCHO PALOS VERDES

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PUBLIC WORKS

DATE: October 16, 2001

1. Authorize the Department of Public Works to purchase a new vehicle
2. Authorize the Mayor and City Clerk to enter into a purchase agreement with Golden State Truck Center, in the amount of $ 20,250.08

The equipment replacement fund includes $25,000 for the acquisition of a new vehicle for the Public Works department. Funding for this item was carried over from FY 00-01. The new vehicle will replace an existing vehicle in the City’s fleet, a 1991 Ford Taurus. The 1991 vehicle is fully depreciated and will require significant maintenance to become operational.

The Department recommends the purchase of a 2002 Ford Ranger 4x4. The vehicle will be used primarily by the department’s Maintenance Superintendent and will be particularly useful for off-road destinations. The vehicle currently used by the Maintenance Superintendent will be transferred to the City’s fleet.

A Notice Inviting Bids for the purchase of a 2002 Ford Ranger Edge 4x4 was published in the Daily Breeze and PV news in accordance with the purchasing process identified in Municipal Code Section 2.44. A subsequent request was posted on the Internet to certified dealerships. Under the terms of the purchase agreement the 1991 vehicle will be traded in. The following is a summary of bids:

Based on the bids received, staff recommends the acquisition of a new vehicle from Golden State Truck Center. The color of the new vehicle will be white to match the City’s existing vehicle fleet.

1. Deny the proposed acquisition.
2. Other direction as the City Council deems appropriate.

Funding is available in the adopted FY 01-02 budget.

Respectfully yours,

Dean Allison
Director of Public Works

Reviewed by:

Les Evans
City Manager

1. Authorize staff to apply for a grant from the Watershed, Wildlife and Parks Improvement Bond Act of 2000 Urban and Community Forestry Program.
2. Adopt Resolution No.2001 - authorizing the Director of Public Works to execute any agreements and requests for payment.

Funding from the State of California, Department of Forestry and Fire Protection is available for the installation of new trees. Under the program for Urban and Community Forestry grants up to $50,000 are available.

If the grant is approved it will be used to install new trees within the City’s street right of ways, medians and parks. Tree species will be selected based on environmental conditioning and tolerances, those that are long-lived and require little maintenance, and those that have a low hazard or nuisance potential. Trees planted in this program will be carefully selected and located to minimize impact to views.

Adopting staff recommendations will result in the application of a state grant of $50,000 for the installation of new trees.

If the grant is approved the City could receive up to $50,000. The grant will require the City to match the grant amount. The City has traditionally funded the City’s portion with Gas Tax funds.

Do not apply for the Urban and Community Forestry Program grant and utilize alternative funding to purchase the trees and incidentals.

Respectfully Submitted,

Dean Allison
Director of Public Works

Reviewed,

Les Evans
City Manager

CC:

Resolution 2001 –

WHEREAS, the Governor of the State of California in cooperation with the California State Legislature has enacted Proposition 12, which provides funds to the State of California and its political subdivisions for urban forestry programs; and

WHEREAS, the State Department of Forestry and Fire Protection has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies and non-profit organizations under the program; and

WHEREAS, said procedures established by the State Department of Forestry and Fire Protection require the applicant to certify by resolution the approval of application before submission of said application to the State; and

WHEREAS, the applicant will enter into an agreement with the State of California to carry out a tree planting project,

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF RANCHO PALOS VERDES:

1. Approved the filing of an application for "PROPOSITION 12" tree planting grant program funds; and
2. Certifies that said applicant has or will have sufficient funds to operate and maintain the project; and
3. Certifies that funds under the jurisdiction of the City of Rancho Palos Verdes are available to begin the project; and
4. Certifies that said applicant will expend grant funds prior to March 1, 2004.
5. Appoints the Director of Public Works as agent of the City of Rancho Palos Verdes to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on which may be necessary for the completion for the aforementioned project.

The foregoing resolution was passed by the City Council this sixteenth day of October 2001.

__________________________________
Mayor

ATTEST:

_______________________________
City Clerk

State of California
County of Los Angeles
City of Rancho Palos Verdes

I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution 2001- __ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on October 16, 2001.

______________________
Mayor

ATTEST:

_________________________
City Clerk

State of California
County of Los Angeles
City of Rancho Palos Verdes

I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution 2001-__ was duly and regularly passed and adopted by the said City Council at regular meeting thereof held on October 16 , 2001.

TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL

FROM: DIRECTOR OF PUBLIC WORKS

DATE: OCTOBER 16, 2001

SUBJECT: TREES FOR THE MILLENNIUM GRANT

1. Authorize the expenditure of up to $80,000 to purchase and install new trees within the City’s parks and public rights-of-way.
   
   
2. Adopt Resolution 01-______ , a resolution of the City Council of the City of Rancho Palos Verdes, amending Resolution 2001-43, the budget appropriation for fiscal year 2001-2002 from the Gas Tax Fund.

On November 4, 1999, the City Council authorized staff to submit a grant application for the "Trees for the Millennium" program with the California Department of Forestry and Fire Protection. In January 2000, the City received notice that a grant in the amount of $50,000 was approved. The grant requires a matching contribution of $30,000 from the City. If the City wishes to take advantage of the grant, a budget resolution appropriating the matching funds is required. In addition, to move forward with the project the City Council must authorize the project expenditures.

This staff report recommends the appropriation of $30,000 from the Gas Tax fund for the City match, and authorizes project expenditures of $80,000.

The proposed project consists of the planting of approximately 525 trees in medians, parkways, and parks. The project includes the purchase and development of informational flyers to give to residents when a tree is planted in front of their home.

The selected species of trees that are planted will be based on environmental conditions and tolerances, and include those that are long-lived and require little maintenance, and have a low hazard or nuisance potential. Trees planted in this program will be carefully selected and located to minimize impact to views.

Adopting the staff recommendation will result in the planting of approximately 525 15-gallon-sized trees in parks, medians and public rights-or-way.

The recommended actions will authorize the expenditure of an additional $80,000 in street landscape maintenance services, of which $50,000 is from the "Trees for the Millennium" grant and $30,000 from the Gas Tax fund.

Do not commit the $30,000 of Gas Tax funds, and delete the project.

Respectfully Submitted,

Dean Allison
Director of Public Works

Reviewed by:

Les Evans
City Manager

Attachments: Resolution No. 2001-__

WHEREAS, Section 3.32 of the Rancho Palos Verdes Municipal Code provides that all expenditures in excess of budgeted allocations must be by supplemental appropriation of the City Council; and

WHEREAS, on June 5, 2001, the City Council of the City of Rancho Palos Verdes adopted Resolution 2001-43, approving a spending plan and authorizing a budget appropriation for the 2001-02 fiscal year; and

WHEREAS, it is necessary for the City to allocate additional funds for street landscape maintenance services (to purchase and install new trees within the City’s street rights-of-way); and

WHEREAS, a budget increase in the Gas Tax Fund is necessary to authorize the expenditure of additional funds for the project.

BE IT, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES:

The following adjustment be made to the Gas Tax Fund budget:

PASSED APPROVED, AND ADOPTED THE 16^th DAY OF OCTOBER, 2001

________________________________
MAYOR

ATTEST:

_____________________
CITY CLERK

Resolution No. 2001-

Page 1 of 2

State of California)
County of Los Angeles)ss
City of Rancho Palos Verdes)

I, JO PURCELL, City Clerk of The City of Rancho Palos Verdes, hereby certify that the above resolution No. 2001- ______ was duly and regularly passed and adopted by the said City Council at regular meeting thereof held on October 16, 2001.

___________________________
CITY CLERK
CITY OF RANCHO PALOS VERDES

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: OCTOBER 16, 2001

Approve Contract Addendum No. 4 to the Agreement for Consulting Services between the City of Rancho Palos Verdes and Robert Bein, William Frost & Associates (RBF) for preparation of the Long Point Resort Hotel / Golf Course Environmental Impact Report, in the amount of $138,689.

York Long Point Associates (applicant) submitted applications for a Specific Plan and related applications to the City on October 21, 1997, at which time the determination was made that an Environmental Impact Report (EIR) would be required for the project. In light of this requirement, staff solicited requests for proposals, conducted interviews of environmental consulting firms, and ultimately selected Robert Bein, William Frost & Associates (Consultant) to prepare the EIR. The City contracted directly with the Consultant in order to retain control over the document preparation. However, the applicant is responsible for all costs associated with the document preparation. The applicant has established a trust deposit for the payment of preparation costs along with a 10% administrative fee assessed to cover City Staff’s management of the contract. A separate "Agreement to Pay Environmental Analysis Costs for a Proposed Specific Plan with Related Applications" was approved by the City Council and executed by the applicant to ensure that the City receives the necessary funds from the applicant. Although the applicant has since changed to Destination Development Corporation, York Long Point Associates as owner of the Long Point portion of the project site, continues to pay the EIR preparation costs.

The applicants have modified the project significantly from that initially submitted, which has caused the EIR Consultant to revise the scope of its work. The cost of completing the environmental documentation has increased due to an increase in the project management costs resulting from the longer term of the consultant’s services and the complex nature of the project.

The additional cost that is covered through Addendum No. 4 is $138,689.00. The proposed increase is described in the Consultant’s Addendums No. 4 and 5 proposal (see attachment). The additional cost brings the total cost for the EIR preparation to $545,346.00. It should be noted that the consultant’s proposed contract Addendums No. 4 and 5 have been combined by Staff and together are being considered as Addendum No. 4. Due to the complexity of the project, Staff has added an additional $10,000.00 to the Consultant’s addendum costs to account for potential EIR activity resulting from the City Council’s review of the project. This additional amount is reflected in the Staff recommendation. It should also be noted that the addendum cost reflected in the Staff recommendation does not include the consultant’s costs for preparing electronic copies of the EIR (Draft and Final EIR) for the City’s website. The preparation of electronic copies of the EIR was requested by the City to provide improved public access to the project’s EIR documents and was not a part of the original contract.

The applicant has reviewed the increased amount, and has verbally agreed to pay this amount, with an acceptance letter to follow before the October 16^th Council meeting.

The Contract Addendum will have no fiscal impact on the City due to the obligation of the applicant to cover all costs for the preparation of environmental documentation, including a 10% administrative fee to cover the City’s contract management costs.

Staff and the applicant reviewed the proposed increase and find it appropriate given the changing circumstances associated with this complex project. Approval of Addendum No. 4 would result in no changes to the original contract other than the cost components discussed therein, and all other provisions of the contract would apply to the Addendum items. Therefore, and based on the discussion above, staff recommends that the City Council approve Addendum No. 4 as presented. The applicant has verbally agreed to the increased cost.

The following alternatives are available for consideration by the City Council:

1. Deny the proposed Addendum No. 4; or,
2. Adopt Addendum No. 4 with modifications as deemed appropriate by the Council.

Respectfully submitted:

Joel Rojas, AICP
Director of Planning, Building and
Code Enforcement

Reviewed by:

Les Evans
City Manager

• Contract Addendum Nos. 4 and 5 from RBF, dated July 11, 2001 and October 5, 2001

Appoint Emily Vaughan to serve on the Abalone Cove Landslide Abatement District Board of Directors until November 2003.

The City is in receipt of a letter from the Abalone Cove Landslide Abatement District requesting that the City Council confirm the appointment of Ms. Emily Vaughan to fill a vacancy on their board. Said vacancy was created by the resignation of Stephen King whose term ran until November 2003.

The City is in receipt of a letter from ACLAD requesting that the City Council confirm the appointment of Ms. Emily Vaughan to their Board of Directors to serve until November 2003.

Respectfully submitted,

Jo Purcell

Reviewed:

Les Evans, City Manager

1. Authorize the Director of Public Works to submit a grant application to the California Integrated Waste Management Board for funding assistance to install a rubberized surface at the East View Park Playground area.

2. Adopt Resolution Number 2001__ thereby authorizing the Director of Public Works to submit an application to the California Integrated Waste Management Board and empowering the director to execute in the name of the City of Rancho Palos Verdes all necessary contracts, agreements, amendments, and payment requests hereto for the purpose of securing grant funds to implement and carry out the purposes specified in the grant application.

The California Integrated Waste Management Board (CIWMB) receives an annual appropriation from the California Tire Recycling Management Fund (Tire Fund) to administer the Tire Recycling Act. As part of the Act, CIWMB is offering the Waste Tire Playground Cover Grant Program to encourage the reduction of landfill disposal and stockpiling of California waste tires. Grant funds are available over the next five years for numerous projects including the installation of rubberized surfaces within playground-equipped areas. Eight hundred thousand dollars ($800,000) will be available for fiscal year 2001-2002. Grant funding will not exceed twenty-five thousand ($25,000) for any jurisdiction and it is understood that each grant recipient must match the award amount.

The playground area at East View Park would be improved if a rubberized surface were installed. Grant funding is available for this activity from the California Integrated Waste Management Board. Therefore, staff recommends that the Director of Public Works be authorized to submit a grant application, to construct these improvements, and the Director be empowered to execute all necessary contracts, agreements, amendments, and payment requests hereto for the purpose of securing grant funds to implement and carry out the construction of these improvements.

Adopting the staff recommendations will authorize the Director of Public Works to submit a grant application for installing a rubberized surface at the East View Park Playground area.

Deny approval to submit a grant application and forgo improvements or direct staff to pursue other sources of funding.

The approval of this grant will necessitate a subsequent budget adjustment and the appropriation of the required matching funds. Based on a preliminary estimate, the cost of installing a rubberized surface at the East View Park Playground area is $48,000. Under the terms of the grant, the city would have to appropriate $24,000 for the construction of these improvements. It is staff’s intention to include this project, and the necessary funding in the FY 02-03 budget. Quimby Act funds are available for this project.

Submitted by,

___________________
Dean E. Allison
Director of Public Works

Reviewed by,

___________________
Les Evans
City Manager

Attachments:

1. Authorize the Director of Public works to submit a grant application to the California Integrated Waste Management Board for upgrading play equipment at Abalone Cove.
2. Adopt Resolution Number 2001___thereby authorizing the Director of Public Works to submit an application to the California Integrated Waste Management Board and empowering the Director to execute in the name of the City of Rancho Palos Verdes all necessary contracts, agreements, amendments, and payment requests hereto for the purpose of securing grant funds to implement and carry out the purposes specified in the grant application.

Pursuant to the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000, the California Integrated Waste Management Board (CIWMB) is offering a grant program for the upgrading of park playground equipment. Two million, five hundred and fifty eight thousand dollars ($2,558,000) has been appropriated for this program in fiscal year 2001-2002. Grant funding will not exceed fifty thousand ($50,000) for any jurisdiction and it is understood that each grant recipient must match the award amount.

The playground equipment at Abalone Cove needs to be upgraded. Therefore, staff recommends that the Director of Public works be authorized to submit a grant application for the upgrade of this equipment, and the Director be empowered to execute all necessary contracts, agreements, amendments, and payment requests, hereto for the purpose of securing grant funds for this project.

Adopting the staff recommendation will authorize the Director of Public Works to submit a grant application for upgrading the playground equipment at Abalone Cove.

Deny approval and forego upgrade improvements or direct staff to pursue other sources of funding

In order to apply for the funding, the City only needs to identify the specific site. The exact type of upgrades and/or replacements can be determined at a later date through the review process with the Recreation/Parks Department and City Council. Under the terms of the grant, the City would have appropriate matching funds in fiscal year 2002-2003. It is staff’s intention to include this project and the necessary funding in the FY 02-03 budget. Quimby Act funds are available for this project.

Respectfully Submitted,

Dean Allison
Director of Public Works

Approved

Les Evans
City Manager

Attachment:
Resolution

Park Playground Accessibility and Recycling Grant Program
Proposition 12 Funds (Villaraigosa-Keeley Act)
Accessibility for the Mobility-Impaired.

WHEREAS, the California Integrated Waste Management Board has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies, businesses and non-profit organization under the program; and

WHEREAS, if awarded the grant, the applicant will enter into an agreement with the State of California for development of the project;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF RANCHO PALOS VERDES: authorizes the submittal of an application to the California Integrated Waste Management Board for 01/02 Park Playground Accessibility and Recycling Grant Program. The City Manager of the City of Rancho Palos Verdes is hereby authorized and empowered to execute in the name of the City of Rancho Palos Verdes all necessary applications, contracts, agreements, amendments and payment requests hereto for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant application.

The foregoing resolution is passed by the City Council this XXX day of October, 2001

PASSED, APPROVED. ADOPTED this sixteenth day of October, 2001.

_____________________
Mayor

ATTEST:

________________
City Clerk

State of California)
County of Los Angeles)
City of Rancho Palos Verdes)

I, JO PURCELL, City Clerk of The City of Rancho Palos Verdes, hereby certify that the above Resolution 2001-__ was duly and regularly passed and adopted by the said City Council at regular meeting thereof held on October 16, 2001.

ATTEST:

____________________
City Clerk

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: OCTOBER 16, 2001

Staff Coordinator: Kit Fox, aicp, Senior Planner

Table this matter until the Planning Commission has completed its review of the revised project proposal.

JCC Homes, Inc. has applied for permission to subdivide the California Water Service Company site at 5837 Crest Road for residential development. Staff prepared a Mitigated Negative Declaration for the project and agendized this matter for City Council consideration at tonight’s meeting, assuming that the Planning Commission would complete its review of the project by October 9, 2001. However, at its September 25, 2001 meeting, the Planning Commission identified significant issues of concern, directed the applicant to modify the project, and continued the matter to the October 23, 2001 Planning Commission meeting. Since the project was noticed for tonight’s meeting, it is necessary to place it on the agenda. However, Staff recommends that the City Council table the matter until the Planning Commission completes its review. At that time, the project will be re-noticed.

Respectfully submitted:

Joel Rojas, aicp, Director of Planning, Building and Code Enforcement

Reviewed by:

Les Evans, City Manager

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: OCTOBER 16, 2001

Staff Coordinator: Eduardo Schonborn, aicp, Associate Planner/Equestrian Committee Staff Liaison

Determine that the "Ride-to-Fly" therapeutic riding program is operating in compliance with the conditions of approval for Conditional Large Domestic Animal Permit No. 2, and receive and file this report.

On October 17, 2000, the City Council adopted Resolution No. 2000-70, thereby approving Conditional Large Domestic Animal Permit No. 2 for the operation of a therapeutic riding program by "Ride-to-Fly." Condition No. 7 of Resolution No. 2000-70 required the City Council to review this permit within six (6) months of its approval. Staff agendized this matter for the City Council’s review on April 17, 2001. At that meeting, Staff reported that the applicant had made substantial progress in fulfilling the conditions of approval for the project, but recommended that the City Council extend the performance review period for another six (6) months to monitor the completion of all of the required site improvements.

The attached matrix summarizes the twenty-one (21) conditions of approval for Conditional Large Domestic Animal Permit No. 2. Most of these are either general conditions, or conditions related to the on-going maintenance and operation of the facility. In the year since the City Council’s approval of Conditional Large Domestic Animal Permit No. 2, Staff has received a complaint regarding the lengthy period of time that it has taken the applicant to conduct the required improvements to the site. Staff believes that a good-faith effort has been made and acknowledges that construction of the sewer project prolonged construction of some improvements. However, the improvements have been conducted since the sewer project was completed in the area.

Condition No. 11 requires the applicant to make specific modifications and improvements to the property during the initial 6-month performance review period. These include:

• Repair and replacement of deteriorated sections of the existing perimeter fencing around the corrals;

• Installation of additional landscape screening along the perimeter of the corrals, especially along the Narcissa Drive frontage of the property; and,

• Installation of "soft" paving such as decomposed granite in the off-street parking area along Narcissa Drive, subject to the authorization of the Portuguese Bend Community Association.

On April 17, 2001, Staff reported that the applicant had repaired the corral fencing, but was still re-painting all of the fences. As of the date of this report, the applicant has completed the painting of the fencing. The applicant has also installed native shrubs (mostly saltbush) around the perimeter fencing to screen and soften the appearance of the fencing. Staff met with the applicant to identify appropriate locations for landscape screening that would not create traffic safety hazards at the "Five Corners" intersection. Although the recently planted landscaping will take time to grow, Staff will monitor this issue to ensure that the landscaping sufficiently grows out and provides the necessary screening. Lastly, the sewer construction in the area was recently completed, and since the applicant made arrangements with the Portuguese Bend Community Association (PBCA) and the sewer contractor to spread gravel in the parking area along Narcissa Drive, the required "soft" paving has been installed.

On September 28, 2001, public hearing notices for the continued 6-month review of Conditional Large Domestic Animal Permit No. 2 were mailed to the property owner, the applicant, the Portuguese Bend Community Association and forty other property owners within a 500-foot radius of the project site. On September 29, 2001, public notice of the October 16, 2001 City Council hearing for the continued 6-month review of Conditional Large Domestic Animal Permit No. 2 was published in the Palos Verdes Peninsula News. As of the date this Staff report was completed, Staff had received no comments from any notified parties.

Please note that, pursuant to Condition No. 7 of Resolution No. 2000-70, the approval of Conditional Large Domestic Animal Permit No. 2 is valid until October 17, 2002, notwithstanding any action(s) by the applicant and/or property owner that would terminate the permit sooner. At the end of the initial 2-year permit period, the City Council will have another opportunity to review this permit and the applicant’s compliance with the conditions of approval.

Based upon the above analysis, Staff believes that the applicant has fulfilled the conditions of approval for Conditional Large Domestic Animal Permit No. 2 during the established review period. Nonetheless, Staff will monitor the growth of the recently planted landscaping to ensure that the landscaping sufficiently grows out and provides the necessary screening. Therefore, Staff recommends that the City Council determine that the "Ride-to-Fly" therapeutic riding program is operating in compliance with the conditions of approval for Conditional Large Domestic Animal Permit No. 2, and receive and file this report.

Pursuant to Section 17.78.010(D)(5) of the Rancho Palos Verdes Development Code, the original application fee for this permit was waived. As such, the costs associated with the review of this application have been—and will continue to be—borne by the City’s General Fund.

In addition to Staff’s recommendation, the following alternative is available for the City Council’s consideration:

1. Identify any issues of concern with the operation of the "Ride-to-Fly" therapeutic riding program, provide Staff and/or the applicant with further direction, and continue this matter to a date certain.

Respectfully submitted:

Joel Rojas, aicp
Director of Planning,
Building and Code Enforcement

Reviewed by:

Les Evans
City Manager

• Conditions of Approval matrix
• Resolution No. 2000-70
• City Council Minutes of October 17, 2000 and April 17, 2001 (excerpts)

MEMORANDUM

Consider Councilman Stern’s amendment to the August 21, 2001 minutes.

At the September 4, 2001 meeting, staff presented Councilman Stern’s proposed amendment to the August 21, 2001 minutes. To give council members adequate time to read the amendment, it was the consensus that approval of these minutes should be carried over to the September 18^th meeting. The amendment was again submitted to Council at the September 18^th meeting where discussion of their approval turned to the overall format of the minutes. Council discussion of the matter concluded with a motion to delay approval of the minutes until October 2^nd when discussion of the Council policy on minutes would be agendized. At the October 2^nd meeting, Council decided that the next three sets of minutes should be prepared in an "extended summary" format.

Attached is a copy of the August 21^st minutes showing corrections on Page 1, Page 9, and a duplicate copy of pages 10 and 11 showing where Councilman Stern’s amendment would be inserted in these minutes.

Approval of the August 21^st minutes has been continued from September 4^th, staff is now requesting Council’s action on those minutes.

Respectfully submitted,
Jo Purcell

Reviewed:
Les Evans, City Manager

The meeting was called to order at 7:32 P.M. by Mayor Lyon at Fred Hesse Community Park, 29301 Hawthorne Boulevard.

After the Pledge of Allegiance, roll call was answered as follows:

Also present were City Manager Les Evans; City Attorney Carol Lynch; Director of Planning, Building, and Code Enforcement Joel Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; Director of Recreation & Parks Ron Rosenfeld; Acting Principal Planner Greg Pfost; Associate Planner Eduardo Schonborn; City Clerk/Administrative Services Director Jo Purcell; and, Deputy City Clerk/Recording Secretary Jackie Drasco.

The winner from the last drawing was Betty Harwood, who will receive a check for $250, which represents a year of free refuse service. Another card was selected.

Councilman Stern asked that the item regarding Payment for 2001 July 4^th Celebration and Extension of Contract item be removed from the Consent Calendar for discussion. Councilmember Gardiner asked that the item regarding Ordinance No. 369 - Relating to a Transient Occupancy Tax be removed from the Consent Calendar for discussion.

Councilwoman Ferraro moved, seconded by Councilman Stern, to approve the agenda, as amended. Motion carried.

Lois Larue, 3136 Barkentine Road, spoke on the following subjects: restrictions on shooting guns in the city; vaccination of cats; her opposition to the City offering helicopter rides at the Independence Day celebration; giving credit to whomever arranged for donations to the Independence Day celebration; and, storm drain repairs at Palos Verdes Drive and Peppertree.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart, to approve the amended Consent Calendar as follows:

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.

Adopted the Minutes of August 7, 2001.

Reviewed and reconfirmed by a four-fifths (4/5) vote, the Council’s previous action of August 7, 2001 to authorize staff to conduct an informal bid process and pre-order drainage pipe for the San Ramon Drainage and Landslide Stabilization Project.

Reviewed and reconfirmed by a four-fifths (4/5) vote, the Council’s previous action on August 7, 2001 to authorize staff to conduct an informal bid process and pre-order HDPE drainage pipe for the Palos Verdes Drive South Drainage Repair Project.

(1) Accepted the work as complete. (2) Authorized the City Clerk to record a Notice of Completion with the County Recorder; and if no claims are filed within 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 PCI, Ltd., 35 days after recordation of the Notice of Completion by the County Recorder, contingent on no claims being filed on the project.

ADOPTED RESOLUTION NO. 2001-60, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2001-43, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2001-2002, FOR A BUDGET ADJUSTMENT TO THE CITY’S CAPITAL IMPROVEMENT PROJECT FUND.

Accepted the Gifts for Parks donations and directed staff to prepare letters for the Mayor’s signature expressing the Council ‘s appreciation.

ADOPTED RESOLUTION NO. 2001-61, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.

The motion to approve the Consent Calendar carried on the following roll call vote:

AYES: Ferraro, Gardiner, McTaggart, Stern, and Mayor Lyon

NOES: None

ABSTAIN: Stern on Minutes of August 7 as he was on vacation and was absent from this meeting

Staff recommendation was to (1) Authorize payment to Conte Productions for the production of the July 4^th, 2001, Independence Day Celebration. (2) Accept Conte Production’s proposal to continue to produce the City’s Annual July 4^th Independence Day Celebration for a period of five years, and authorize the Mayor and the City Clerk to execute the proposed agreement.

Council discussion focused on modification of the contract for more security for the City and Mr. Conte in the scheduling of this event to indicate that the agreement may be terminated by either party upon 9 months (270 days) written notice rather than the 120 days indicated in the agreement presented.

Mr. Conte agreed to the suggested change.

Councilman Stern moved, seconded by Councilmember Gardiner (1) Authorized payment to Conte Productions for the production of the July 4^th, 2001, Independence Day Celebration. (2) Accepted Conte Production’s proposal as amended, to continue to produce the City’s Annual July 4^th Independence Day Celebration for a period of five years, and authorized the Mayor and the City Clerk to execute the proposed agreement.

The motion carried on the following roll call vote:

AYES: Ferraro, Gardiner, McTaggart, Stern, and Mayor Lyon

NOES: None

Staff recommendation was to adopt Ordinance No. 369 relating to a Transient Occupancy Tax. (This ordinance was introduced on August 7.)

City Attorney Lynch clarified that an owner of a unit (such as the villas at the proposed Long Point project) would not be subject to transient occupancy tax, nor would someone renting for longer than 30 days. She said that a developer agreement could address different types of fees but the transient occupancy tax would not apply.

Councilman Stern moved, seconded by Mayor Pro Tem McTaggart to ADOPT ORDINANCE NO. 369 AMENDING CHAPTER 3.16.030 OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO A TRANSIENT OCCUPANCY TAX. (This ordinance was introduced on August 7.)

The motion carried on the following roll call vote:

AYES: Ferraro, Gardiner, McTaggart, Stern, and Mayor Lyon

NOES: None

Mayor Lyon opened the public hearing on this request to consider a resolution regarding conformance with the 1999 L.A. County Congestion Management Program (CMP) and adoption of the 2001 Local Implementation Report. City Clerk Purcell announced that notice had been duly published and that there were no written comments received by the City but that correspondence from Barbara Covey had been received and distributed to the Council just prior to the onset of the meeting.

Associate Planner Schonborn presented the staff report of August 21, 2001 and the recommendation to adopt the proposed resolution adopting the City’s 2001 Local Implementation Report (LIR) and Self-Certifying the City’s Conformance with the 1999 Congestion Management Program for Los Angeles County.

Council discussion centered on the possibility of installing a traffic signal in a location which might not meet the required criteria for traffic congestion but for which special circumstances might warrant a signal.

Ann Shaw, 30036 Via Borica, stated that the semi-rural, uncongested, peninsula with its ocean views should be preserved and special consideration based on common sense should be made to accomplish this.

Barbara Covey, 2742 San Ramon Drive, a member of the City’s Traffic Committee, said that circumstances in the City were not the same as downtown Los Angeles yet the same rules applied. She added that special circumstances like fog, steep slopes, and blind curves as well as a desire to preserve the semi-rural quality of the Peninsula indicated that sometimes a traffic signal was required even though the guidelines would not normally indicate this action. (A copy of Ms. Covey’s remarks is on file with the City Clerk’s Office)

Additional Council discussion focused on the acknowledgement of the special circumstances which existed on the Peninsula and the fact that conformance with the County program was necessary to receive funding for traffic improvements projects, however, the City had the right to impose stricter standards if so desired.

There being no further testimony, Mayor Lyon closed the public hearing.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart to ADOPT RESOLUTION NO. 2001-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING THE CITY’S 2001 LOCAL IMPLEMENTATION REPORT (LIR) AND SELF-CERTIFYING THE CITY’S CONFORMANCE WITH THE 1999 CONGESTION MANAGEMENT PROGRAM FOR LOS ANGELES COUNTY. Motion carried.

Mayor Lyon opened the public hearing on this request to consider General Plan Amendment No. 29 – Housing Element Amendment. City Clerk Purcell announced that notice had been duly published and that there any written comments received by the City were made a part of the agenda packet.

Acting Principal Planner Pfost presented the staff report of August 21, 2001 and the recommendation to (1) Adopt the proposed resolution certifying a Negative Declaration for the Project. (2) Adopt the proposed resolution approving General Plan Amendment No. 29 for the Final Draft Housing Element.

Council discussion focused on specific aspects of the Amendment; conformance with the State mandate in order to have the Housing Element approved; and, meetings with Assemblyman Alan Lowenthal to request his assistance in the State’s developing a more regional, realistic approach to the requirements.

There being no response to the Mayor’s call for public testimony, she declared the hearing closed.

Councilwoman Ferraro moved, seconded by Councilman Stern to (1) ADOPT RESOLUTION NO. 2001-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CERTIFYING A NEGATIVE DECLARATION FOR THE PROJECT. (2) ADOPT RESOLUTION NO. 2001-64, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING GENERAL PLAN AMENDMENT NO. 29 FOR THE FINAL DRAFT HOUSING ELEMENT. Motion carried.

Mayor Lyon re-opened the Public Hearing.

Lois Larue, 3136 Barkentine Road, asked why Greg Pfost was designated as Acting Principal Planner.

City Manager Evans explained that because of the departure of Deputy Planning Director Snow, Mr. Pfost was Acting Principal Planner on an interim basis.

There being no further testimony, Mayor Lyon closed the public hearing.

Mayor Lyon opened the public hearing on this request to consider Use of Federal and State Funding for Supplemental Police Services. City Clerk Purcell announced that notice had been duly published and that there were no written comments received by the City.

City Clerk Purcell presented the staff report of August 21, 2001 and the recommendation to approve the continued use of LLEBG (Local Law Enforcement Block Grant) and COPS (Citizens Option for Police Services) funds to pay for the CORE Police Team to perform enforcement and crime prevention duties at the schools in the region and in the area adjacent to and south of Crest Road.

Captain Ed Hitchcock of the L.A. County Lomita Sheriff’s Station described details, benefits, and results of the program.

There being no response to the Mayor’s call for public testimony, she declared the hearing closed.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem McTaggart, to approve the continued use of LLEBG (Local Law Enforcement Block Grant) and COPS (Citizens Option for Police Services) funds to pay for the CORE Police Team to perform enforcement and crime prevention duties at the schools in the region and in the area adjacent to and south of Crest Road. Motion carried.

Robert Scalfaro, 3027 Crest Road, said that he was being sued by a neighbor because of a covenant from 1990 and he asked that the City remove that covenant because he felt it sidestepped the City’s view ordinance. He cited Council action in 1997 to remove a covenant under similar circumstances and he asked that the Council review his case and remove the covenant in question. He said that he had spoken to City Planner Beilin Yu and View Restoration consultant Steven Jones and they suggested he make his request to the Council.

Council consensus was that staff prepare a memo describing the situation and place this request on a future Council agenda if appropriate.

Joseph Piccarelli, 30311 Via Borica, spoke about the proposed Long Point project and the developer’s request to use public land for a portion of the proposed golf course. He felt that the Planning Commission’s prolonged consideration of the developer’s EIR gave the appearance of tacit approval of the City Council for use of public land and he asked that the Council withdraw the permission to include public land in the Long Point proposal.

At 8:27 P.M., Mayor Lyon declared a recess. The meeting reconvened at 8:37 P.M.

Hawthorne Boulevard Beautification (1204 x 1404)

Director Allison presented the staff report of August 21, 2001 and the recommendation to (1) Approve the preliminary median and parkway landscape plans for Hawthorne Boulevard. (2) Authorize a contract amendment with Land Images, Inc. to provide professional services in an amount up to $53,500 to prepare final construction plans for the first phase of landscape improvements for Hawthorne Boulevard. (3) Revise the expenditure plan for Recycling Fund, by refocusing funds from the neighborhood beautification program to the Hawthorne Boulevard beautification efforts. (4) Request staff to prepare a fence/wall improvement program for Hawthorne Boulevard that establishes a single fence/wall type for Hawthorne Boulevard, and provides City funding toward fence/wall replacement. He presented a computer-generated video presentation to illustrate features and costs of the plan.

Tom Lockett of Land Images discussed issues on Hawthorne Boulevard, the process to study these issues and conclusions reached. He discussed seven sections of Hawthorne Boulevard, showed drawings in a computer-generated video presentation, discussed the image to be created, view preservation and the plan to have blooming plants at all times.

Susan Powell of Land Images showed photographs of plants and simulations of proposed completed sections of Hawthorne Boulevard in a computer-generated video presentation and discussed environmental, view, and economic issues, stating that non-invasive, native, and existing plants would be used as appropriate. She also said that screening of undesirable walls was a goal which meant some sidewalks might have to be relocated; and she discussed the total cost of the project, providing percentages of various expenses, and the budget for Phase One of the project.

Director Allison discussed funding, providing alternatives for completion of the project in 30 years or 16 years.

Jim Slayden, 37 Mela Lane, discussed smaller median beautification projects in the past in other parts of the city and felt that homeowners associations had been receiving recycling funds for several years and that they would probably cooperate with the plan to redirect these funds toward this project.

Don Shults, 2129 Velez Drive, representing Rolling Hills Riviera Homeowners Association was concerned that homeowners association and other groups would no longer be receiving recycling funds. He suggested that Western Avenue also be considered for beautification and discussed existing "stick-like" trees and unattractive walls and the benefits for travelers as well as residents.

Council discussion centered on input received by the Council Ad Hoc City Beautification Committee by staff and the public; the long-needed beautification of Hawthorne Boulevard; benefits to be received, including increased property values; the redirection of recycling funds from homeowners association to this project; the beneficial aspects of the current plan which take into consideration aesthetic, environmental, and economic issues; and, the continuity to be gained by considering a long-term plan rather than small sections of Hawthorne, one at a time. There were concerns that 30 years was too long and that additional funding, such as bonds or fundraising, should be sought to shorten the period to complete the work; and, that alternate plans should be investigated as well as additional input from the Council, staff and the public. Council suggestions included the use of large colored rocks for additional interest which would not need water or maintenance; thinning plants in the first phase of work to be used in later phases; and, looking into the possibility of charging fees for trucks traveling and possibly damaging the City’s arterials.

Councilman Stern moved, seconded by Mayor Pro Tem McTaggart, to continue this item to the Council meeting of September 4,2001 to provide time for additional input from Council, Staff and the public.

At 9:58 P.M., Mayor Lyon declared a recess. The meeting reconvened at 10:08 P.M.

The recommendation was to find that there are insufficient reasons to continue the distinction between lots in Zone 2 (Abalone Cove), which have been developed and those lots in Zone 2 which remain vacant. Therefore, the Council directs staff to prepare an additional exception under Municipal Code 15.020.040 allowing the construction of homes and appurtenant structures on all approved building lots in Zone 2 which meet a 1.5 local safety factor, provided the requirements of Municipal Code 15.020.050 are also met.

Mayor Lyon suggested that public testimony be taken at this time.

Speaking in support of the recommendation were: Mike Agahee, 1917 Via Tampa, Lomita, CA 90717; Dave Ruth, 74989 Havasu Court, Indian Wells, CA 92210; John Monks, 32200 Schooner Drive; Christopher Smith, 1236 Via Landeta, Palos Verdes Estates, CA 90274; Steve Case, 329 South Humboldt Drive, Henderson, NV 89104; Dana Ireland, 30 Narcissa Drive; Tracey LeRoy, 7936 3^rd St., Downey, CA 90241; Mike Nopper, 67 Rockinghorse Road; Mike Kiss, 2440 Gleneyre, Laguna Beach, CA 92651; and, Chris Haber, 8720 Bleriot Avenue, Los Angeles, CA 90245.

These speakers focused on the following concerns: Vacant lot owners have been paying property taxes, ACLAD fees, and weed abatement costs without the ability to develop their land; two panels of experts have said that the land has not moved in 100,000 years and feel there is not risk to building on these lots, for the vacant lot owners or the current residents; installation of the sewers should actually improve land stability by removing water from the soil; applicants for building permits would have to adhere to the same standards as those for previous construction in Zone II; and, that vacant lot owners are asking only for the right to apply to build on their own lot if the required stability factor can be met, not to institute a mass grading project.

Speaking in opposition to the recommendation were: Alyda White, 32614 Coastsite, Unit "F"; Lois Larue, 3136 Barkentine Road; Jim Knight, 5 Cinnamon Lane; Jack Downhill, 20 Vanderlip Drive; Kim Redfield, 6 Peppertree Drive; Alfred Sattler, 1904 Avenida Aprenda; and, Barbara Sattler, 1904 Avenida Aprenda

These speakers focused on the following concerns: The League of Women Voters’ landslide position established in the 1960’s and reviewed every year since that time affirms that development on ancient or active slide areas should be disapproved entirely; the Council should not risk a lawsuit due to damage from possible land movement in the future; some felt that the geologists reviewing the current data were too close to the geologists who performed the initial studies; empathy was expressed for people who own vacant lots in Zone II but they were told that there was a building moratorium; a decision on building in Zone II should be postponed until the pending geological report is completed and submitted to the City; a decision should be postponed until the storm drain, sewer, and Altamira Canyon projects are complete; a question was raised whether current residents in Zone II had been asked about land movement they might have seen; one speaker indicated that hairline cracks had widened since the sewer installation began; it was unfair to give right to build to one property owner while risking damage to existing homes; and, could the property owners building sign an agreement that they would not sue the City should there be land movement.

At this time, Mayor Lyon and Mayor Pro Tem McTaggart discussed the details in the report in the agenda packet.

Mayor Pro Tem McTaggart felt the Council should discuss the possibility of development in Zone II at this time so that if the results of the geology study when received indicated that development would be allowed on some lots, a procedure would be in place to allow property owners to apply without further delay; and, if the report indicated that building should not be allowed, there would have been no harm in discussing the possibility. He indicated that he had received information that day from a property owner indicating that there has been movement in Zone II and that this would be investigated. Mayor Pro Tem McTaggart said that there had been no analysis of GPS data since the passing of Perry Ehlig and it was important to have such a report to indicate whether there had been land movement in this area.

Mayor Lyon acknowledged that this is a complex issue and has been a source of concern for many years. She reiterated that no approval to build was being given at this time, only the discussion of setting in motion paperwork to allow application to build. She agreed that the status of Altamira Canyon and installation of the sewers was important as well as the investigation into the recent comment that there had been movement in Zone II, including analysis of GPS data.

A lengthy Council discussion, including several questions, with the City Manager and the City Attorney ensued relative to the process that was followed in presenting this recommendation for approval of an additional exception under the Municipal Code for building in the moratorium area. Councilman Stern asserted that, in his view, it would have been preferable to wait until the Peer Review Croup had completed and presented their report to the Council before placing the item on the City Council agenda.

City Manager Evans stated that Bill Cotton had indicated that the report would be received in the first week of September which would allow the Zone II Peer Review Group to analyze the information and provide a final report at their next meeting on September 18. City Manager Evans also said that Bill Cotton had received the information mentioned by Mayor Pro Tem McTaggart regarding a report of land movement in Zone II and that analysis of GPS data would be included in the report.

Council discussion focused on consequences the City would face whether building was allowed or not; the lack of the geologist’s report; the fact that exclusion rather than an exception was being sought; statements the Mayor made to the Daily Breeze; and, comments received by property owners in other zone of the moratorium area.

Councilwoman Ferraro moved, seconded by Mayor Lyon, to continue this item to the Council meeting on September 18 when the final report from the Zone II Peer Review group is received.

Further Council discussion resulted in a suggestion to locate three of the best geologists from out of the area to provide a completely unbiased analysis of current data in order to have best information if and when there is litigation based on the City’s decision regarding development in Zone II.

Councilwoman Ferraro amended her motion, seconded by Mayor Lyon, to continue this item to the Council meeting on September 18, 2001 and to direct staff to contact the appropriate scientific body to obtain the name of three independent experts from out of the area to investigate the studies on hand and to provide an estimate of cost for this investigation. Motion carried.

At 11:35 P.M., Mayor Lyon declared a recess. The meeting reconvened at 11:45 P.M.

Review of Large Domestic Animal Nonconformity Statement No. 8 (Sunshine, 6 Limetree Lane) (1203 x 1808)

Staff recommendation was to affirm staff’s determination that the keeping of a maximum of twelve (12) large domestic animals – of which a maximum of seven (7) animals may be boarded – may be "grandfathered" for the property at 6 Limetree Lane.

Due to the lateness of the hour, Council consensus was to carry over this item to the next meeting.

Landslide Moratorium Exception Permit No. 41 (Applicant: Miles Pritzkat, representing Landowners Jim & Susan Maniscalco) (1203 x 1801)

Director Rojas presented the staff report of August 21, 2001 and the recommendation to approve Landslide Moratorium Exception Permit No. 41 allowing the landowner to proceed with the appropriate applications to request approval for a 1,179-square foot two-story addition, including a new garage, for property located at 120 Spindrift Lane.

Topics discussed by the Council included view impact, the need for a variance and a height variation, and the legal non-conforming status of this property. It was clarified that Council approval of this item did not approve these modifications but only gave the homeowners the right to apply.

Miles Prtizkat, the homeowners’ architect, said that he and his clients concurred with the staff report and requested that the Council please grant permission for application to be made.

Councilwoman Ferraro moved, seconded by Councilmember Gardiner, to approve Landslide Moratorium Exception Permit No. 41 allowing the landowner to proceed with the appropriate applications to request approval for a 1,179-square foot two-story addition, including a new garage, for property located at 120 Spindrift Lane. Motion carried.

Staff recommendation was to approve the fencing design and signage for Inspiration Point and direct staff to install said improvements.

Due to the lateness of the hour, Council consensus was to carry over this item to the next meeting.

Director Allison presented the staff report of August 21, 2001 and the recommendation to award a grant in an amount up to $22,000 to the Miraleste Recreation and Park District toward neighbor improvements in the Miraleste neighborhood.

A representative from the Homeowner’s Association indicated that this request represented two years’ planning and she asked for the Council’s approval.

City Attorney Lynch noted that Councilman Stern and Mayor Lyon were not required to recuse themselves from participating in this item unless they were within 500 yards and there would be an impact of $10,000 or more on their property value. It was determined that they did not have to recuse themselves.

Councilmember Gardiner moved, seconded by Mayor Pro Tem McTaggart, to adopt staff recommendation. Motion carried.

Additional Traffic Enforcement – Pilot Program (301 x 1206)

City Clerk Purcell presented the staff report of August 21, 2001 and the recommendation to approve the Sheriff’s proposal to conduct a three-month pilot program increasing traffic enforcement during the PM hours and during the weekends at a cost of $10,200.

Mayor Pro Tem McTaggart moved, seconded by Councilwoman Ferraro, to adopt staff recommendation.

The motion carried on the following roll call vote:

Staff recommendation was to adopt City Council Policy No. 34 which establishes a policy for handling "Border Issues."

Due to the lateness of the hour, Council consensus was to carry over this item to the next meeting.

Staff recommendation was to direct staff to prepare an amended ordinance imposing additional restrictions on mobile food vendor parking.

Due to the lateness of the hour, Council consensus was to carry over this item to the next meeting.

City Attorney Lynch reported that no action was taken.

____________________
MAYOR

ATTEST:

______________________
CITY CLERK

Late this spring, it was determined that ground movement in the Portuguese Bend Landslide had caused significant damage to storm drain facilities along Palos Verdes Drive South. As a result of the damages, massive erosion of the bluff face near the eastern edge of the landslide has occurred. This issue has previously been presented to the council in order to obtain authorization to procure the pipe directly from the manufacturer through an informal bid process. At that time Council authorized the expenditure of $35,000 for procurement of the pipe.

Staff has utilized Merit Engineering, Helix Environmental Planning Inc., two on call consultants to perform engineering design services and prepare plans and bid documents for this project. In order to expedite the bid process, staff decided to pre-qualify contractors for the construction of this project. Staff advertised the request for qualifications in the prescribed manner and solicited qualifications directly from over fifteen construction contractors. Eight contractors picked up the pre-qualification packages. Of the eight contractors, only Colich and Sons, L.P. responded

Because of the emergency nature of the project, the fact that only one contractor responded to the pre-qualification process, and because of the relatively small size of this project, staff decided to proceed with the contract on a time and material basis. By doing so, staff will be better able to control project costs than if a bid was accepted by a single pre-qualified bidder. Furthermore, Section 2.44.140.B of the City’s Municipal Code allows procurement of services in exception to the standard procedure if "the city manager finds that exigent circumstances require the immediate purchase of such services, supplies or equipment." The project will be continuously inspected and rates for labor and equipment will be based on the Standard Specifications for Public Works Construction (Greenbook) and Caltrans standard rates

Time is of the essence if these repairs are to be completed prior to the rainy season. Accordingly, materials (HDPE pipe) are being ordered independent of this construction contract so that material delays will not impact the construction schedule. The pipe will be stored at the distributor’s yard until the contractor can install it.

Public Works Staff has worked with Planning personnel to obtain all environmental clearances required prior to undertaking these repairs. One issue that will not be resolved by this action will be the revegetation required by the permit. Staff will bring that issue before Council in the future prior to taking the required steps for mitigation in accordance with the environmental documentation.

Adopting the staff recommendations will award a construction contract to make repairs to a damaged drainage facility on Palos Verdes Drive South at Peppertree.

The contractor could be selected through a formal competitive bid process. However, there is no assurance the costs would be lower. Additionally, the formal bid process would require more time, thereby delaying the repair of these facilities.

The recommended actions authorize expenditures of up to $112,000 for construction, design phase consulting services and construction phase consulting services. The FY 01-02 budget has adequate funding under miscellaneous drainage to provide for such action.

Respectfully submitted,

Dean E. Allison
Director of Public Works

Reviewed,

Les Evans
City Manager

TO: HONORABLE MAYOR AND COUNCILMEMBERS

FROM: CITY MANAGER

Amend the Professional Services Agreement with Cotton, Shires and Associates for the review of existing geologic and geotechnical documents related to Zone II to authorize the expenditure of an additional $15,000 from Building and Safety Account 402.35 Technical and Professional Services.

At the September 18, 2001 City Council meeting the Council set October 30, 2001 as the date of an adjourned meeting for the purpose of considering the Zone II Report prepared by Cotton, Shires & Associates and reviewed by a three member Peer Review Group.

At the August 21, 2001 City Council meeting the City Council discussed Zone II and took the following action:
(1) Continued the Zone II discussion to the Council meeting on September 18, 2001 when the final report from the Zone II Peer Review Group is received; and (2) Directed staff to contact the appropriate scientific body to obtain the names of three independent experts from out of the area to investigate the studies on hand and to provide and estimate of cost for this investigation.

At their April 17, 2001 meeting the City Council took the following action:
(1) Approved a Professional Services Agreement with Cotton, Shires and Associates to review existing geologic and geotechnical documents to determine whether the data are sufficient to allow building on vacant lots in Zone II if the local factor of safely calculated for the lot is 1.5 or greater; (2) Authorized the expenditure of up to $30,000 for the Cotton, Shires contract from Building and Safety Account 402.35 Technical and Professional Services; and (3) Formed a Peer Review Committee consisting of three independent geologists to review and comment on the findings of Cotton, Shires & Associates.

Previously, at their March 6, 2001 meeting the City Council took the following action:
(1) Authorized 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; and (2) Requested 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 research and time involved in collecting the reports and data required for Cotton, Shires & Associates to complete their study was much more extensive than originally estimated. In addition, the Zone II Geology Committee, made up of geologists from Cotton, Shires & Associates and the Peer Review Geologists have met four times over the past five months. The Peer Review Group has requested that Cotton, Shires include a slope stability analysis in the report. Finally, both Councilmembers and citizens have generated a lengthy list of questions. Attached are some of the questions addressed to Cotton, Shires. Bill Cotton has estimated the costs and fees to complete the report at approximately $9,600. In addition, he would like to be reimbursed the costs of preparing for and attending the Zone II meetings with the citizen groups. We believe the total additional funds required will be approximately $15,000.

There are adequate funds to perform the additional work included in the Building and Safety budget under the Professional and Technical Services account.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PUBLIC WORKS

DATE: OCTOBER 15, 2001

Staff Coordinator:Steve Massetti

1. Receive status report from RBF Consulting regarding proposed drainage improvements along Palos Verdes Drive East.
2. Authorize Staff to proceed with design for the drainage system in most immediate need of repair / replacement.
3. Authorize Staff to request proposals from qualified environmental consultants to obtain environmental clearance for all 15 of the deficient drainage systems on Palos Verdes Drive East.
4. Authorize Staff to obtain any necessary Right of Way permits required for the successful completion of this project.

In 1998 a Citywide Master Plan of Drainage was prepared. The report prepared an inventory of drainage facilities, conducted a visual inspection of each facility, and performed preliminary calculations to determine if each system had sufficient hydraulic capacity. The report identified the drainage facilities along Palos Verdes East as the most deficient in the city.

Since completion of the Master Plan, the city has constructed a major drainage projects in the area, and a second is presently under construction. These projects have been reactive in nature, in response to flooding events. Given the high cost of the needed repairs, and the fact that there are 26 drainage facilities along Palos Verdes Drive East, a multi-year program of improvement needed to be established. Such a program allows the City to act more strategically in selecting and completing projects in a manner similar to the way roadway improvements have been accomplished with the City’s Overlay and Slurry Seal Program.

On April 3, 2001, Council awarded an engineering contract to RBF Consulting to perform a study and prepare a report regarding the condition and needs of the drainage systems along Palos Verdes Drive East. The study performed by RBF examined the 26 drainage facilities along Palos Verdes Drive East. This report presents the results of that study.

The aspects of this study included:

1. Video inspection of storm drain facilities.
2. Neighborhood meetings to better understand local drainage conditions.
3. Hydrologic and hydraulic study of each facility.
4. Preliminary engineering plans for each system in need of rehabilitation / replacement.
5. Preliminary cost estimates.
6. Scour analysis of downstream canyons.
7. Analysis of priorities.
8. Final engineering plans and bid documents for the two systems found to be the most deficient.

The study by RBF has concluded that of the 26 facilities along PVDE, 15 require either replacement or rehabilitation. The report by RBF Consulting developed preliminary plans for the 15 drainage facilities in need of improvement along Palos Verdes Drive East. The total cost for these improvements is estimated at approximately $8 million.

The report will be used to:

• Estimate total construction costs.
• Establish a multi-year strategy for repairs and reconstruction.
• Identify environmental impacts.
• Identify necessary rights of way.
• Identify potential utility conflicts.

The original criteria for analysis of each system were age (condition) and size (flow capacity) of pipes. However, in studying the existing systems it became apparent that there were additional criteria requiring consideration. One additional issue considered was street capacity or inlet capacity for each system. In other words, whether the system is limited in its ability to convey surface water, gathering on the street, into the downstream pipe. The fourth issue is whether the existing systems transmit drainage onto private property. The study analyzed each of these criteria for each system. The matrix attached as Exhibit "A" shows the results of this analysis for each system.

The engineering report recommends a multi-year program consisting of 15 systems to be addressed by reconstruction or rehabilitation due to apparent deficiencies and one of those systems to be addressed in the first year of this program due to immediate needs. It also authorizes staff to begin right of way acquisition and environmental clearance for all 15 systems. Staff recommends final engineering design of the system with most critical need for construction next summer. The system recommended for immediate action is near Sunnyside Ridge Road.

Based upon the City’s criteria for evaluating the drainage systems, it is recommended that the Council adopt the Palos Verdes Drive East Drainage Improvement Program as proposed and instruct staff to proceed with the final engineering design of the above-mentioned system as the first phase of this multi-year program. It is anticipated that the project consisting of the construction of the first system will be ready in August 2002. The estimated construction cost for this system is $1,090,000.

The 5 year financial plan allocates $1.5 million each year for drainage improvements City wide Staff recommends that of this approximately, $1 million be allocated for implementation of this Palos Verdes Drive East Drainage Improvement Program. It is anticipated that with the current level of funding, the total program will be completed in approximately 8 years.

Adopting this staff report will accomplish the following:

• Adopt the 15 systems to be addressed by reconstruction or rehabilitation throughout the duration of this program. Staff will bring these systems before Council throughout the duration of this multi-year program to award design services and subsequent construction contracts for each of these systems.
• Authorize staff to proceed with preparation of plans and bid documents for the storm drain system slated for construction next summer. Staff will bring this system before Council in July for award of a construction contract to construct the improvements to this system.
• Authorize staff to solicit proposals from environmental consultants to prepare the required environmental documentation for all 15 of these systems, which will be improved as a part of this multi-year program.
• Authorize staff to begin the process of identifying and obtaining any necessary Right of Way permits for all 15 of these systems, which will be improved as a part of this multi-year program.

The funding source for the drainage facilities assessment and the multi-year improvement plan for the Drainage facilities on Palos Verdes Drive East is the General Fund. There is adequate funding for the recommended actions in the adopted FY 00/01 budget.

Attachments:
Exhibit "A":Prioritized List of Drainage Facilities on PVDE with Cost Estimates.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

DATE: OCTOBER 16, 2001

SUBJECT: OCEAN TRAILS - REVIEW OF THE WATER CONTROL PLAN

Approve, via Minute Order, the Ocean Trails' Interim Operations and Maintenance Manual for Water Control, Groundwater Monitoring, and Ground Movement Monitoring Facilities.

On July 20, 1999, the City Council approved Revision "J", permitting various amendments to the Ocean Trails project. At this meeting, out of concern about the then-recent landslide that occurred on June 2, 1999, the City Council wanted to make sure that future irrigation at the Ocean Trails site was thoroughly reviewed and monitored. Subsequently, the City Council added a condition of approval that required that the developer obtain approval of a Water Control Plan from the City Council. The Plan was to address all irrigation within the Ocean Trails project, including irrigation for the golf course, parks, open space lots and private residential lots. The developer completed the Water Control Plan in October of 2000 and it was approved by Cotton Shires and Associates at that time. Over the past year revisions have been made to the reporting forms in order to properly implement its requirements. It is now being submitted for City Council approval per this condition.

Attached for the City Council's review is the "Interim Operations and Maintenance Manual for Water Control, Groundwater Monitoring and Ground Movement Monitoring Facilities at the Ocean Trails Golf Course". The purpose of the manual is to control water use and monitor water conditions on the Ocean Trails Project. The major objective of the monitoring program is to check for infiltration of surface waters and prevent build-up of perched groundwater, which could adversely affect site stability. The manual addresses construction methods, irrigation controls, monitoring and reporting requirements for the site. The manual is segmented into eight different sections. A brief description of each section is as follows:

• Section One - Introduction: (no description necessary)

• Section Two - Monitoring Plan Implementation: This section identifies the personnel responsible for implementation of the Plan, and when the reports need to be completed and submitted to the City for review. It specifically notes that it is the owners of the golf course that are responsible for implementing the provisions of the plan, and that monitoring is to be performed under the direction of the project's geotechnical consultant. It also identifies what specific tasks the geotechnical consultant and the golf course superintendent are responsible for. Although monitoring will occur and be submitted at various intervals (daily, monthly, quarterly and on an as-needed basis), summary reports will be submitted to the City for review by the City geologist on a quarterly basis.

• Section Three - Geologic and Groundwater Conditions: This section discusses the current geologic setting and groundwater conditions at the site. It also identifies the type and location (Drawing No. 1) of the monitoring facilities (28 groundwater monitoring wells, 6 horizontal drains, 2 lake liner monitoring well vaults, irrigation system, 10 slope inclinometers, and 10 survey monuments) that have been installed at the site. This section also references Appendix A, "Monitoring Forms", Appendix B, "Water Control and Irrigation System Information", Appendix C, "Groundwater Monitoring Information and Data", and Appendix D, "Slope Inclinometer Information and Data". All of these appendices will be updated at the required quarterly intervals and will contain the cumulative data for each recording period.

• Section Four - As-built Conditions: This section discusses the as-built conditions at the site, and refers to more detailed reports that provide additional information as to the as-built conditions.

• Section Five - Infiltration Control Measures: This section discusses the project's built in methods to control water infiltration at the site (through the clay cap, fairway contour fills, subdrains and area drains, and the irrigation systems computer).

• Section Six - Ground Water Monitoring Facilities: This section provides detailed information as to the types of monitoring devices (monitoring wells, horizontal drains, lake liner monitoring well vaults, and the baseline ground water quality analysis) that measure any groundwater infiltration. It also identifies the monitoring procedures and schedules for each facility.

• Section Seven - Ground Movement Monitoring Facilities: This section identifies the ways in which any ground movement at the site can be monitored (13 slope inclinometers, 10 survey monuments, and landslide monitoring and access). The landslide monitoring and access sub-section specifically addresses the monthly "Inspection of the Sewer Trunk Line", "Security and Fencing", "Access, Egress, and Parking", and the monitoring of "Landslide A and B". Section Seven also identifies the monitoring procedures and schedule for each of the ground movement monitoring facilities.

• Section Eight - Water Control Plan: This section discusses the monitoring and control of water use on all aspects of the project site. It covers each of the four major types of irrigation separately: 1) the golf course, 2) the parks, landscaping and open space lots, 3) habitat areas, and 4) the residential lots. Of specific interest, this section notes that "if it is determined by the Director of Planning, Building and Code Enforcement that any irrigation is not incompliance with either the Ocean Trails Water Control Plan or Municipal Code Section 15.34, or is causing any impacts to the project site, the Director shall provide notice to the developer requesting corrections within a reasonable time period. If the developer or owner does not correct the problem within that time period, the Director may require the developer or owner to halt all irrigation in the subject area". Additionally, it notes that all irrigation plans shall be accompanied by an approval from the project’s geotechnical consultants and require review and approval by the City geotechnical consultants.

Of additional interest is the sub-section dealing with the types of controls on the residential areas. Specifically, the irrigation controls include:

• All homes to have automatic controllers that limit watering during rain.
• All controllers to be located outside of structures so that City officials can have access in case of emergency.
• Drainage for each area is to be provided by a system that controls drainage adequately.
• All landscape and irrigation improvements are to be designed, constructed and maintained in accordance with recommendations presented in the as built geotechnical reports for each tract.
• The CC&R's for the homes place the following legal requirements on the residential property owners:
  1. That all residential landscaping plans be approved in advance by the City.
  2. That no modifications to drainage be made without City review and approval.
  3. That all residential systems have automatic controllers capable of being seasonally adjusted.

The Manual is dated October 4, 2000. Since October 4, 2000, based upon comments from the City's Geologist (Cotton Shires and Associates) and the City's Peer Review Board, the report has been amended by incorporating additional reporting forms. These reporting forms are attached with a letter from Mr. Ken Zuckerman, dated August 21, 2001.

Although, prior to the October 16, 2001 City Council meeting, the City Council has not formally reviewed or approved a Water Control Plan, through the landslide repair efforts and other prior geologic studies related to the development of the project, the City's Geologist has required Ocean Trails to install the monitoring devices noted in this report and to have Ocean Trails submit monitoring reports for such devices. Although these monitoring reports are submitted to the City Geologist and City Staff on a regular (quarterly or earlier) basis, the City recently received the attached summary letter and summary report (letter attached but report is not attached due to length) from Ocean Trails for the period between January and June 2001. As noted in the report, the developer's geologist feels that based upon the monitoring data, the site (except the landslide repair area) is safe for use. Although the City Geologist is currently reviewing the January-June 2001 summary, as noted above, the City Geologist has consistently received and reviewed regular interim reports on the project's monitoring facilities.

It's important to note that the current operation of the 15-hole golf course is regulated through the issuance of a Special Use Permit (SUP). As part of Staff's review and the Director's approval of the SUP, the City Geologist has provided comment as to whether or not the operations should continue. There decisions are based on part to the monitoring information that has been submitted for review. To date, the City Geologist supports the continued operation of the 15-hole golf course. The current SUP expires on November 11, 2001. Prior to this date, the developer will be required to submit an application for a new SUP, at which time the City Geologist will again be asked to provide comment on the continued operation of the golf course. It's also important to note that until the final as-built grading report for the golf course (currently under review by CSA) has been approved by the City Geologist, the operation of the golf course will be subject to review and approval of future SUP's.

Lastly, the attached Manual is an "Interim" manual that will be revised once the landslide repair has been completed. Staff does not feel that the revised Manual will need Council review. However, if the Council would like to review future revisions, Staff recommends that the Council provide direction on this issue.

Based upon the information provided in this report, and the City Geologist's approval of the Manual, Staff feels that the Manual provides the information that the Council was seeking when they first requested review of the Manual in 1999. As such, Staff recommends that the City Council approve, via minute order, the Ocean Trails' Interim Operations and Maintenance Manual for Water Control, Groundwater Monitoring, and Ground Movement Monitoring Facilities.

In addition to the staff recommendation, the City Council may also wish to consider the following alternative:

There are no Fiscal Impacts to the City as a result of this decision. Any review of the monitoring reports by the City Geologist is reimbursed through the Ocean Trails' trust deposit accounts.

Respectfully submitted:

Joel Rojas, AICP
Director of Planning, Building
and Code Enforcement

Reviewed By:

Les Evans
City Manager

Letter from Ken Zuckerman, dated August 21, 2001
Letter from Converse Consultants, dated September 28, 2001
Ocean Trails' Interim Operations and Maintenance Manual for Water Control, Groundwater Monitoring, and Ground Movement Monitoring Facilities

TO: HONORABLE MAYOR AND COUNCILMEMBERS

FROM: CITY MANAGER

DATE: OCTOBER 16, 2001

Confirm that the City has not forgotten the murders of George and Pauline Chapin and ask that the Sheriff expend renewed effort to resolve the case.

On October 8, 2000 George and Pauline Chapin were beaten to death in their home on Palos Verdes Drive East. Although the Sheriff has advised the City that the case is still very much open and is being actively pursued, no arrest has been made. A $50,000 reward for information leading to the arrest and conviction of the murderers remains unclaimed. An article that appeared in the Daily Breeze on October 8, 2001 provides more details.

Mayor Lyon recently met with members of the family and wants to assure them that the City council is very much aware of the unsolved murders and will not allow the case to be forgotten.

Respectfully submitted,

Les Evans
City Manager

TO: HONORABLE MAYOR AND COUNCILMEMBERS

FROM: CITY MANAGER

DATE: OCTOBER 16, 2001

Adopt City Council Policy for the disclosure of communications between City Council members and any person regarding a development proposal.

At the October 2, 2001 Council meeting, Councilmember Stern presented a recommendation for the City Council’s consideration regarding adoption of a policy for disclosure of certain communications. He suggested that the policy apply to City Councilmembers and Planning Commissioners and require them to "publicly disclose in writing to the City Clerk the existence of all communications between such person and a major landowner or major developer of real property within the City, which communication relates to such real property." His report offered definitions of "major developer" and "major landowner" and described the extent of disclosure he recommended.

The City Council determined that a disclosure policy was appropriate, but that strict definition of terms such as "communications related to real property" was difficult, if not impossible, to implement. Therefore, a policy giving each Councilmember the discretion to determine whether or not a communication was relevant and significant was approved. Staff believes the policy statement approved by the City Council is as follows:

It should be noted that this policy is not intended to supercede the obligation of Councilmembers to protect the due process rights of all participants at a public hearing on a development application by ensuring that the record of the public hearing contains any evidence or issues that were brought to the attention of a Councilmember outside of the duly noticed public hearings and are not otherwise part of the hearing record, which would affect the Councilmember’s determination.

If the intent of the City Council is correctly stated the attached policy may be adopted.

It shall be the policy of the City Council that:

At the October 2, 2001 Council meeting, Councilmember Stern presented a recommendation for the City Council’s consideration regarding adoption of a policy for disclosure of certain communications. He suggested that the policy apply to City Councilmembers and Planning Commissioners and require them to "publicly disclose in writing to the City Clerk the existence of all communications between such person and a major landowner or major developer of real property within the City, which communication relates to such real property." His report offered definitions of "major developer" and "major landowner" and described the extent of disclosure he recommended.

The City Council determined that a disclosure policy was appropriate, but that strict definition of terms such as "communications related to real property" was difficult, if not impossible, to implement. Therefore, a policy giving each Councilmember the discretion to determine whether or not a communication was relevant and significant was approved.

It should be noted that this policy is not intended to supercede the obligation of Councilmembers to protect the due process rights of all participants at a public hearing on a development application by ensuring that the record of the public hearing contains any evidence or issues that were brought to the attention of a Councilmember outside of the duly noticed public hearings and are not otherwise part of the hearing record, which would affect the Councilmember’s determination.

TO: HONORABLE MAYOR AND COUNCILMEMBERS

FROM: CITY MANAGER

DATE: OCTOBER 16, 2001

Consider directing the Long Point Developer to minimize the use of the Upper Point Vicente property by placing more golf holes on the Long Point property through elimination of the villas.

At their meeting of September 18, 2001, the City Council established an ad hoc committee to work with the Palos Verdes Peninsula Land Conservancy to negotiate the purchase of open space. Mayor Lyon and Councilmember Stern, who serve on that committee, have asked that the City Council consider giving them more specific direction on the terms of negotiating various issues with York Long Point Associates.

At the September 25, 2001 Planning Commission meeting, Mr. Bill Tippets of the California Department of Fish and Game ("Department") came to the meeting to address the Department’s concerns about the Long Point project. At that time, he stated that it was the Department’s recommendation that holes 2, 3 and 4 be relocated from the Upper Point Vicente property to the Long Point property, which would necessitate relocating the practice range and removing the villas along Palos Verdes Drive South. He also stated that the Department would consider a proposal to locate two holes of golf on the Upper Point Vicente property, if the Developer demonstrates that it is not physically or economically feasible to remove all of the golf holes from the Upper Point Vicente property, and if the holes are properly placed to avoid the sensitive habitat and to preserve connectivity for wildlife with other areas. He emphasized that all of the holes of golf, as currently proposed by the Developer, would not be acceptable.

In addition, in various meetings regarding the acquisition of property for the open space preserve, Mr. Tippets has stressed the importance of an approved NCCP that addresses all of the areas that the Department deems to be critical to the viability of the gnatcatcher and the cactus wren and the connectivity between the various areas within the City where Coastal Sage Scrub ("CSS") habitat exists. Mr. Tippets has stated that the Upper Point Vicente property is one of the areas that are of critical concern to the Department.

As of this time, the Department has not been willing to issue a letter to the Wildlife Conservation Board that would support the use of State funds for the land acquisitions that are proposed jointly by the City and the Land Conservancy. Limiting the number of holes of golf on the Upper Point Vicente property will promote the goals of the NCCP and should alleviate some of the Department’s concerns about that area. In turn, this also should assist the City and the Conservancy in obtaining the Department’s support for obtaining State funds for the acquisition of property for the preserve.

Meanwhile, the Planning Commission expects to adopt resolutions at its next meeting and forward the Long Point project to the City Council. At the last City Council meeting, the Council gave staff direction to schedule the first public hearing before the City Council on the Long Point project on November 7, 2001.

The Council Subcommittee believes that it is very important to secure the support of Mr. Tippets and the Department in order for the land acquisition process to move forward. Accordingly, the Subcommittee recommends that the City Council advise the developer of the Long Point Project that the City Council will not consider allowing the Developer to use any portion of the Upper Point Vicente property for golf holes as long as the use of the Long Point site for golf has not been maximized. In particular, the Subcommittee would like the City Council to consider directing the Developer to remove the villas that are proposed to be located on the Long Point site immediately adjacent to Palos Verdes Drive South in order to locate more holes of golf onto the Long Point site.

Respectfully submitted,

Les Evans
City Manager

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

DATE: OCTOBER 16, 2001

Select a date for the annual holiday appreciation reception for City Committee Members, Commissioners, and Staff Members.

Annually, the City Council hosts a holiday appreciation reception to honor Commissioners, Committee members and staff members. The Council is being asked to select a date and location for this year’s event. Traditionally, the evening reception has been held on the first or second Monday in December at Hesse Park. The following dates are currently available at Hesse Park:

Monday, December 3
Monday, December 10
Monday, December 17

To assist the Council in selecting a date, a copy of the November and December 2001 Council Calendar is attached for reference.

The annual holiday appreciation reception is a budgeted item (Community Outreach).

Respectfully submitted:

Carolynn Petru
Assistant City Manager

CLOSED SESSION AGENDA CHECKLIST

Based on Government Code Section 54954.5
(All Statutory References are to California Government
Code Sections)

Potential purchase of open space.

Property:
Filiorum 7572-012-024, 7572-012-028, 7572-012-029,
7573-003-016, 7581-023-031, 7581-023-029, 7572-002-022

City Negotiators:
City Manager; City Attorney; and, Director of Planning, Building and Code Enforcement

Negotiating Parties:
York Long Point Associates

Under Negotiation:
Price and Terms of Payment

Anticipated Litigation:

(G.C 54956.9(b)

A point has been reached where, in the opinion of the City Council/Agency on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City Council/Agency.

____________1_____________
(Number of Potential Cases)

A statement (voice mail message) made by Greg Sanders representing Sprint outside an open meeting of City and a record of the statement was made by Carol Lynch, City Attorney prior to the meeting and is available for public inspection in the City Clerk's office.