Rancho Palos Verdes City Council
   

D R A F T

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

JUNE 18, 2002

The meeting was called to order at 7:06 p.m. by Mayor McTaggart at Miraleste Intermediate School in the Theatre Arts Building located at 29323 Palos Verdes Drive East. 

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

PRESENT: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart

ABSENT: None

Also present were City Manager Les Evans; Assistant City Manager Carolynn Petru; City Attorney Carol Lynch; Director of Planning, Building and Code Enforcement Joel Rojas; Director of Public Works Dean Allison; Director of Finance Dennis McLean; Senior Planner Ara Mihranian; City Clerk/Administrative Services Director Jo Purcell; Senior Planner Kit Fox, and recording secretary Diane McGivern. 

RECYCLE DRAWING:

There were two cards drawn to receive a check for $250.00, representing a year of free refuse service.  The Mayor announced that last month there were no winners.

APPROVAL OF AGENDA:

After removal of the item regarding the sidewalk repair delinquent account, and moving forward the South Coast County Golf Course Presentation by Jim Tarr, and the item regarding the November 2002 Election RPV Term Limits Ballot Initiative. Mayor Pro Tem Stern moved, seconded by Councilwoman Ferraro, to approve the agenda as amended.  No objections were noted.

APPROVAL OF CONSENT CALENDAR:

Councilwoman Ferraro moved, seconded by Mayor Pro Tem Stern, for approval of the Consent Calendar as follows:

Motion To Waive Full Reading

Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all council members after the reading of the title.

Minutes

Approved the minutes. Adjourned Meeting of May 21, and Meeting of June 4, 2002.

Agreement for Legal Services – Thomas & Walton

Approved the Attorney-Client Fee Agreement with Thomas & Walton LLP to provide representation in the Indian Ridge Crest Gardens, L.P. v. City of Rancho Palos Verdes, et al., lawsuit.

Civic Center Window Replacement Project

(1) Awarded a contract for the replacement of windows in the Planning Building to CTI Construction for an amount not to exceed $19,788 and authorize staff to spend an additional $1,978 for possible extra workfor a total authorization of $21,766.  (2) Authorized the Mayor and the City Clerk to execute a contract with CTI Construction.  (3) Authorized the expenditure of up to $2,000 for inspection services with CharlesAbbott Associates, Inc.

Resol. No. 2002-48 - Ladera Linda Playground Improvement Project

(1) Awarded a $38,583 construction contract to Ryco Construction for the construction of playground improvements at Ladera Linda Park and authorize staff to spend an additional $3,860 for possible extra work for a total authorization of $42,443.00.  (2) Authorized the Mayor and the City Clerk to execute a contract with Ryco Construction.  (3) Authorized the expenditure of up to $4,000 for inspection services with Jon David Cicchetti and Associates.  (4) ADOPTED RESOLUTION NO. 2002-48, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2001-43, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2001-2002, FOR A BUDGET ADJUSTMENT TO THE CITY’S QUIMBY FUND.

Resol. No. 2002-49 Establishing New Speed Limit on Montemalaga Drive

(1) Established a speed limit of 35 mph on Montemalaga Drive between Silver Spur Road and the westerly City limits.  (2) ADOPTED RESOLUTION NO. 2002-49, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING A SPEED LIMIT OF 35 MPH ON MONTEMALAGA DRIVE BETWEEN SILVER SPUR ROAD AND THE WESTERLY CITY LIMITS.

Traffic Signal on Hawthorne Blvd. at Vallon Drive

Authorized staff to negotiate the purchase of traffic signal poles and mast arms in accordance with Section 2.44.14 of the Municipal Code for a fee not to exceed $17,536.50.

Point Vicente Interpretive Center

(1) Approved and authorized the Mayor to execute a Settlement Agreement with the U.S. Army Corps of Engineers to resolve the City’s claims concerning the lead contamination at the Point Vicente Interpretive Center site.  (2) Approved and authorized the Mayor to execute a Right of Entry Agreement to authorize the U.S. Army Corps of Engineers and the Corps’ Agents to enter upon the Point Vicente property to perform the cleanup work.

Asset Capitalization Thresholds and GASB Statement No. 34 Infrastructure Valuation

Adopted the recommended asset capitalization thresholds.

Resol. No. 2002-50- Register of Demands

ADOPTED RESOLUTION NO. 2002-50, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.

The motion to approve the consent calendar carried on the following roll call vote: 

AYES: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart.
NOES: None

REGULAR BUSINESS:

South Coast County Golf Course Presentation by Jim Tarr.

Mr. Tarr, after expressing gratitude for the opportunity to speak, indicated his concern for the location for the proposed golf course. 

Mr. Tarr offered his experience in chemical engineering, and commented that he has been working for 30 years in environmental research; specifically, attempting to define the toxic chemical contamination in the neighborhoods that are located close to facilities that emit toxins into the environment.

Mr. Tarr read a May 8, 2002 letter addressed to Rolling Hills Estates City Council requesting a moratorium on all commercial development on the Palos Verdes landfill site.  The letter addressed concern for the air quality surrounding the landfill, including Rancho Vista Elementary School, and called for a comprehensive ambient air monitoring system. The request was for the moratorium to remain in effect until the causes have been defined.  There was further indication that the Sanitation District has never fully defined the cause of the air pollution, thus necessitating the study.  Mr. Tarr indicated that the landfill is comprised of some 47 billion pounds of a combination of industrial and municipal waste. 

Mayor Pro Tem Stern inquired into the actions of the county toward a resolution, to which Mr. Tarr regrettably reported that there have been no definable gains. 

Councilman Gardiner, in an attempt to sum up the gist of the presentation, offered two points: (A) that there is a presence of bad things in the area; (B) we have a landfill that is emitting toxic gases.

Further, Mr. Tarr negated claims made by the Sanitation District that their landfill gas verification system has an efficiency of 98 percent.  He claimed that even if it were true, they would have no way of doing that; and secondly, in his experience, the most efficiency attainable is 75 percent, in the best of conditions.  His information included an attempt by the South Coast Air Quality Management District to gather useful information.  However, it was Mr. Tarr’s belief that a comprehensive study is still needed to detect organic chemical emissions, heavy metal emissions, microbiological emissions, radiological chemical element emissions, just to name a few.

Councilman Gardiner examined further into the contents of the landfill, to which Mr. Tarr indicated, “They know no more about the contents of the landfill than I do what’s in my own trash can.”  He further explained that when something is placed in the landfill, it is forgotten.  After a while, these complex physical chemical processes begin to take place and it is impossible to identify the toxins.

Mr. Tarr, in answer to Councilman Gardiner’s question regarding safety of peoples in and around this landfill, indicated that a study was done at Rancho Vista Elementary School.  In two of the classrooms surveyed, there was a measurable amount of chemical contamination.  A finding ignored by the Sanitation District.

In conclusion, Mayor McTaggart offered that in his meeting with the Sanitation District, they indicated that only a section of the landfill was contaminated with toxic industrial waste and that the remainder of the landfill was not affected.

Councilman Clark indicated that after viewing a presentation on this very subject on Cox Cable, the indication was that County Supervisor Knabe is not endorsing the golf course, but instead would like to have comprehensive testing and observation to define the extent of the toxins.  The County Supervisor made it very clear that he will put yellow tape around the area rather than sacrifice the health of any of the residents. 

November 2002 Election RPV Term Limits Ballot Initiative

Councilman Clark offered to lead the discussion, indicating he was the impetus for this initiative.  Fundamentally, over the years, he indicated that there have been members of the community questioning the accessibility of election to the  City Council by the residents.   One solution offered was to implement term limits, thus opening the door for new council members.  His indication was that approximately 20 members of a community of 41,000 have actually served on the council over the years.  In substance, recognizing the strength of running for re-election as an incumbent, it appears there is no room for new members.

In response to what is a seemingly interesting proposal by the members of the community, Councilman Clark invited the council to put on the November ballot a proposition for term limits in office, in effect, letting the residents decide whether there should be term limits.  He indicated surrounding cities, such as Redondo Beach, Manhattan Beach, Long Beach, Torrance, Los Angeles, Cerritos and Gardena, all have term limits.

He defined his proposed structure to be comprised of two consecutive terms at any one time; in other words, a total of eight years.  Then that person would have to step down for at least one election, but could run for another term once that two-year period has expired.

Mayor pro tem Stern offered a detailed history of the numbers of people who have served and their length of office.  He agreed that restricting the term of office would invite new Council members in office and making it only a ban on consecutive terms would still allow the former Council members a chance to serve a new term after sitting out one election.  He pondered, however, whether in light of the historical experience of the City, if this was a solution in search of a problem. 

Councilwoman Ferraro also agreed that opening up the process is a good idea.  She indicated that many people have approached her, saying, “I wouldn’t have your job.”  She also suggested concern that there is a modest percentage of the population actually voting, i.e., 18 percent at the last election.

Councilwoman Ferraro continued that prior experience on the council is a major benefit. Her experience on the planning commission was invaluable to her as a council member.  And that perhaps all those seeking positions as council members ought to serve on the planning commission or traffic committees as an introduction to the issues addressed by the council.

Councilwoman Ferraro, in furtherance of her position, edified Mayor McTaggart as being an individual who is a devoted public servant.  She indicated that his experience proves invaluable in the face of the issues proffered by Rancho Palos Verdes and that by just replacing him for one term just as a matter of procedure would be an incredible mistake.  She also indicated that it takes several years just to figure out what is going on, and by the time you figure it out, it’s time to leave and let someone else come in and try to figure it out. 

Councilwoman Ferraro indicated that she is not a fan of term limits at all, explaining that it is experience on the council that allows one to make informed decisions.

Councilman Clark responded first by saying that this would not be retroactive and that any member on the council, including the Mayor, could serve two more terms once the current terms expire.  He further pointed out that if someone serving on the council for eight years did not make a contribution in that time period, then they should not be on the council.  He pointed out that the community possesses a tremendous amount of intelligent and talented individuals.

Councilman Clark gave the example of the emergency preparedness task force which was comprised of 16 community members, rather than a 7 member council, as an indication of the people in the community that are willing to serve.

City Clerk Purcell indicated the cost of putting this initiative on the ballot was not yet defined; however it ranges between $34,000 and $41,000.

Councilman Gardiner pointed out that being on the Council is a definite commitment, comprising 25 hours per week of time; the pay is zero.   And every time you make a decision, somebody gets mad at you.  No wonder no one wants to run for the job. He said he favored putting things on the ballot so voters could vote on them whether or not he supported them personally as a rule, but that he did not have to pay for them in the past and voiced concern over the cost and proposed perhaps an informal polling to see if there is sufficient interest in putting this on the November ballot. 

Mayor McTaggart offered that he had been in favor of term limits up until the time he met the state on it.  He said that by the time you understand what is going on, your term is up.  Every time a new member joins, it takes considerable amount of time to get them informed and up-to-date on the issues. 

Donald Jones, 5511 Eau Claire Drive, Rancho Palos Verdes, commented adversely on the issue of term limits.  He pointed out that it is neither a life position, nor a paid position.  He indicated there is no need for term limits, because the position is a voluntary one.  He described the experience gained by long-term Council members as one in which you cannot put a price on.  He finally commented, “Surely term limits should not apply for the Council since all members are supposed to be non-partisan.  Please vote no to term limits.  Thank you”

Beverly Ackerson, 27129 Spring Creek, Rancho Palos Verdes, recommended a blend of experienced Council members with new Council members, adding that such a mixture would assure good sound knowledge and wisdom with fresh ideas.

Ken Dyda, 5715 Capeswood Drive, Rancho Palos Verdes, warned that in opening up an election, it is not opened only to talented people, but also to all people, including those who are not devoted to the city.    He also stated, however, that in a democratic republic, you have a right of self-determination.

Eric Paris, 29234 Stadia Hill Lane, Rancho Palos Verdes, opined that term limits have their place, but the RPV Council is not one of them.  Certain governmental entities involve large amounts of power and money; however, RPV is categorically different.  He indicated since this was an unpaid position, the only people available would be senior citizens or those with dramatically flexible schedules, which is a severe limitation.  He offered that the imposition of term limits is not only unnecessary, but is mean-spirited, especially against an individual so committed to his community.  Finally, Mr. Paris edified Mayor McTaggart in his unselfish commitment to the city in his use of influential resources for the benefit of the city and its members.

Don Shultz, 2129 Velez Drive, Rancho Palos Verdes, representing RPV Homeowners Association, commented generally on the merits of term limits, offering different citizens an opportunity to step up and serve their city.  He mentioned the possibility of some bad apples, but that everyone probably has their favorite and not so favorite Council member anyway.  His ending comment was that although there is no pay, all those who serve on council enjoy it.

Tom Redfield, 31273 Ganado Drive, Rancho Palos Verdes, representing the coalition Revival Renaissance 2002, offered an interesting perspective in a search for qualified council members.  His research revealed three problems: (1) time constraints; (2) energy, where perhaps single parenting was an issue; and (3) doubt as to victory against incumbents.  He suggested that there are pros and cons to term limits, but basically an intimidation would be removed regarding running against an incumbent, realizing that that incumbent can run again in a future election.  He alluded to the fails of government and how we should stay away from politics, only looking forward to the benefit of those being served.

Councilman Gardiner explained the issue as a council decision about whether or not to put the term limit decision on the ballot, not whether or not term limits is a good idea.  He suggested that it be taken further into the community to get a feel for whether or not there is sufficient support for putting this on the ballot for voters to decide. 

Councilman Clark agreed with Councilman Gardiner.  He indicated his regret that his instant proposal was taken as one of personality conflict, when, in fact, it is not.  He explained that a number of people in the community approached him in an effort to synergize the talent pool of residents in Rancho Palos Verdes, but they felt prematurely defeated based on the statistics of incumbents being replaced.  It was based on his interaction with the community that he brought this initiative.

Councilwoman Ferraro suggested waiting two weeks to see if there is any more response from the community.  Mayor Pro Tem Stern countered with a month.

Mayor Pro Tem Stern made some final comments that it is not the process, but the people.  He pointed out that the council members are accessible by phone or email, and that they all live in the area, so that their concern is the same concern as the residents. 

Mayor Pro Tem Stern agreed to continue the matter for a month.  He suggested running an informative article in the PV News.  He confirmed the importance of the people being in control of who is on Council.  His further proposal was for the local papers to run a poll on how the voters feel about the issue, asking voters to weigh it against the cost it will incur to put it on the November ballot.

Mayor McTaggart indicated consensus made on the part of the council to put this on the July 16, 2002 agenda for further discussion.

At 8:26 P.M., Mayor McTaggart recessed the meeting, and he reconvened the meeting at 8:36 P.M.

AUDIENCE COMMENTS:

Eric Paris, 29234 Stadia Hill Lane, Rancho Palos Verdes, voiced concern over those residents who make a conscious decision to disregard the building codes.  He cited the property at Cachan Place, who went through an exhaustive process at the planning level.  The owner is still not satisfied and has added masonry and landscaping, but has failed to comply with the building codes regarding his backfilling obligation.  His fear is that if one individual refuses to comply with building codes and directives from the council, that it will become commonplace for all to do it. 

He expressed an interest in a decisional policy that should be enacted to protect property purchasers from buying property with dangerous and illegal modifications.  He offered two suggestions, the first of which is to implement a cost neutral property inspection by the city when properties are about to be sold.  This would give the buyer warning about illegal modifications.  Any code violations would then have to be corrected by the seller prior to the sale. 

The second option would be to require that the seller pay the city to give the potential buyer a permit report that would disclose variances, permits and conditional use permits granted by the city.  The buyer would then note and follow up on any discrepancies on the property.

Mayor Pro Tem Stern pointed out the mandatory disclosure provided for in the Civil Code that requires all sellers to list those items plaguing the property.  He explained that it would be a liability to get involved in private transactions that are already covered by state law. 

Councilman Clark suggested putting it in the newsletter, making people cognizant that these things occur, and to think ahead and plan better to prevent such things from happening.

Mayor McTaggart indicated that a disinterested party emphasizing safety would be the best resource of an unbiased inspection and opinion.  He agendized this item and indicated that he would ask the planning and legal departments to take a look at what other cities are doing.

Ken Dyda, 5715 Capeswood Drive, Rancho Palos Verdes, regarding disclosure on real property, pointed out that since the realtor is a representative of the seller, that the realtor can be held legally liable as well.  He offered that in his experience, when there was no disclosure, that he received treble damages.  He endorsed putting it in the newsletter.

Leah Marinkovich, 28544 Montereina Drive, Rancho Palos Verdes, Rolling Hills Riviera Home Owners Association, indicated she is the president.   She thanked Mayor Pro Tem Stern and Councilman Clark for attending their board meeting held on May 23rd.  These council members encouraged the HOA to list their issues and to bring them before the Council.  Those issues are as follows:

The Western Avenue Task Force appears to be flailing.  There are issues with the walls that need to be addressed, specifically holes and signage and the block walls.  She indicated no other specifics. 

Ms. Marinkovich continued on to express grave concern over the traffic attendant to Dodson Middle School, which now serves over 2400 students, with an increase in student body anticipated.  She indicated no help in traffic, either by the Sheriff or anyone else in assisting the residents in getting in and out of their properties.  She requested help.

Ms. Marinkovich also addressed the last beautification program, where she voiced concern over the potential legal exposure involving any of the areas that were serviced by the program.  She inquired into the possibility of obtaining insurance for the volunteers that help.

Ms. Marinkovich protested the lighting provided by the Port of Los Angeles as being an imposition on her.  She requested lobbyists in Sacramento to speak on behalf of the residents who are affected by the illumination the Port emanates, and relief.

PUBLIC HEARINGS:

View Restoration Permit No. 118 – Appeal

Peggy Collins, attorney for Lynn Doran, indicated a settlement had been reached between the parties as follows: Ms. Doran has agreed to maintain the Italian stone pine as it is presently trimmed; the holly tree will be removed and replaced with a 24-inch box tree; the Japanese black pine that’s immediately behind the holly tree will be trimmed and laced; all the other trees on the Doran property will be trimmed to the ridgeline of the family home structure (not the garage). All of these trimmings and trees will be kept that way every six months; if any of the Japanese pines die because of the trimming, (there was concern about one), that will be replaced with a 24-inch box.  All of this trimming will be done at the Beck’s expense.  It will be done by Ms. Doran’s arborist as long as it is at a competitive rate.

Following the recitation of the settlement agreement, Ms. Collins requested a refund of fees.

Mayor McTaggart asked for Mr. Beck’s agreement on the settlement, to which Mr. Beck replied affirmatively. 

City Attorney Lynch requested that there be a withdrawal of their application once their settlement is memorialized in writing.

Councilman Gardiner and Councilman Clark both express their appreciation and congratulations to both parties for resolving this matter.

James Beck, 4115 Maritime Drive, Rancho Palos Verdes, expressed gratitude to the Council members, and requested a refund of fees upon withdrawal of the application.

Councilman Gardiner moved, seconded by Councilman Clark, for refund of application fees for Lynn Doran and Mr. and Mrs. James Beck.

Warren Sweetnam, 7 Top Rail Lane, Rancho Palos Verdes, requested to speak on this item to indicate the depth of the view ordinance as he was instrumental in writing same ordinance.   He indicated that the ordinance was to take care of structures and foliage.  The foliage was not to impair anyone’s view after the ordinance passed in November of 1989.  Since then, the view restoration permit process was implemented whereby if there was foliage that existed in November ’89 and a view owner wanted to have that removed, he had to pay for a permit and he had to pay for the removal of the foliage.  

Mr. Sweetnam indicated for clarity that if the foliage is not over 12 years old and hasn’t been blocking the view for those 12 years, then it’s the foliage owner’s responsibility to trim it, not the person requesting the trimming.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem Stern, for refund of application and appeal fees.

AYES: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart.
NOES: None

Long Point Resort Hotel: Conditional Use Permit No. 215 and Tentative Parcel Map No. 26073

Mr. Mihranian presented the staff report indicating a revised plan proposed improvements consisting of hotel accommodations and a public golf practice facility will occur entirely on the Long Point property, which was once previously referred to as the resort hotel area.  The project will encompass 102.1 acres of property and no longer includes the CIGNA parcel.   There will be 400 hotel rooms including freestanding bungalows.  The hotel will include a conference-banquet facility, villas, casitas, and a retail area.  Additionally, the proposal includes a golf clubhouse, spa facility, maintenance facilities, a new parking structure, various pool and spa cabanas. 

The architecture will resemble the theme of Mediterranean village with Spanish-Italian elements to the exterior façade.  There will be a two-story parking structure that will blend in with the grading of the hill.  Furthermore, views of the ocean are to be preserved as defined by the Pt. Fermin and Catalina view corridors.  All structures, including the villas, will be built according to height limits established by the Coastal Specific Plan, as well as be constructed with a roof ridgeline height that is lower than PV Drive South.

Another concern was considered, that being the villas will be sold to individual investors, where they will have a limited stay of no more than 29 consecutive days with a period of 90 days per year the maximum number of days that the owner could occupy the villas.  The casitas would similarly be sold and be available to the owners for 29 consecutive days, except the maximum annual stay would not exceed 60 days.   Further, when the owners are not occupying their villas or casitas, the units will be made available to the public through the hotel.   

The project also proposes public amenities consisting of a 2.2-acre bluff-top park, trails, bike lanes and 100 public parking spaces.  The Planning Commission conditioned the project so that the trails are designed according to ADA regulations. 

To address traffic concerns, a shuttle service using low emission vehicles to and from Ocean Trails running every half-hour is proposed.   

Mayor McTaggart requested response from the developers on various issues.  The first issue was the elevation of the villas.  According to the Mayor, the verbiage was unclear as to the view of the rooftops, indicating that he has seen “ugly” rooftops existing below grade. 

He was also concerned about lighting, noise propagation, glare and reflection from cars.  Also he voiced concern over ample parking in light of a major event, as well as employee parking. 

Councilman Gardiner expressed concern about reviewing all of the issues in one meeting, indicating it was impossible to cover them all.  He suggested that a list be made and that they be discussed one by one at subsequent meetings. 

Councilman Clark agreed that taking it in piecemeal fashion as issues come up would make it manageable.   Mention was made regarding many subjects, including Ocean Trails’ involvement, trash and waste, 9-hole golf course, traffic; however, overwhelming speculation took over until these issues could be addressed specifically.

Mike Mohler, 11777 San Vicente Boulevard, Suite 900, Los Angeles, Destination Development Corp. Applicant, invited issues and questions with respect to the project, and offered general assistance in clarifying areas of the project.

In regards to the parking, Mr. Mohler indicated that the structure proposed is based on the exact footprint that had been approved previously, just adding elevation.

Councilman Clark expressed concern over parking as well, indicating that special events will impact the parking situation. 

Mr. Mohler indicated that the parking ratio for this project is 1.5 cars per room, as compared to 1.3 range utilized with other similar resort hotels with a golf amenity, such as the La Costa resort in Carlsbad. 

Mayor McTaggart renewed his concern over employee parking.  Mr. Mohler offered that the lower parking is reserved for employees. 

Mr. Mohler said that a pool is planned to be built in the location of the former fish tank that existed as part of Marineland, with an added coastal trail along the bluff to the shore.  He also addressed concerns of the water quality, indicating that a state-of-the-art system will be employed to assure the deliverance of quality drinking water. 

Rob Lowe, 11777 San Vicente Boulevard, Suite 900, Los Angeles, Destination Development Corp., addressed concerns regarding the villas and casitas.  He indicated that there were many other projects in which there was a blend of casitas and villas, which he described as the hotel/rental management business.  He explained that when their owners are not utilizing the villas and casitas, the hotel rents them out, which not only provides more hotel accommodations, but also acts as an investment on the part of the individual owner to offset his payment, and further provides capital.

Mayor McTaggart voiced concern on behalf of the residents that those investors who purchase a share in the resort will have voting power.  Councilwoman Ferraro indicated that they would not qualify for voting privileges in RPV because of the requirement to reside in the area for a minimum time.

Finally, Mayor McTaggart suggested that the Council list their questions, forward them to Director Rojas, where the staff will compile the data and submit it to the developers, who, in turn, will respond before the next meeting.

Recess and Reconvene: At 10:22 P.M., Mayor McTaggart recessed the meeting, and he reconvened the meeting at 10:31 P.M.

Bob Nelson, 6612 Channelview Court, Rancho Palos Verdes, spoke in favor of the project.  He allayed concerns regarding the glare and lighting concerns by explaining that his home is directly affected by the project.  Currently, he offered that supposedly lights and glare affect his property, but they do not.  He indicated that the only glare they see is off the ocean.

Sonja Hayes, 64 Via Capri, Rancho Palos Verdes, offered fervent support for this project, indicating that the city is the perfect location in terms of weather, ocean views, Ocean Trails Golf Course.  She spoke to the possibility of local charities utilizing this location for fundraising, as well as corporate events.

Bob Bush, 6030 Montemalaga Drive, Rancho Palos Verdes, thanked the Council for lowering the speed limit on that street.  Mr. Bush expressed his favor with the project.  He spoke about the developer and his personal experience with him being commendatory.

Barbara Sattler, 1904 Avenida Aprenda, Rancho Palos Verdes, addressed the issue of the El Segundo Blue Butterfly and wanted to know if the habitat will be preserved.  She indicated that the EIR, Resolution 37, does not include the biological mitigation monitoring program and she would like to see those documents merged.

Ms. Sattler also inquired as to whether there is a conservation plan at this point for this project; and if so, what are the details.  If there is no such plan, how can we be assured that the impact will indeed be mitigated.

Mr. Rojas indicated that there is no plan currently because the project is of no threat to the habitat. 

Mayor McTaggart offered to receive Ms. Sattler’s documented questions and look into finding the answers.

Mary Jane Schoenheider, 3700 Palos Verdes Drive North, Palos Verdes Estates, Palos Verdes Concours D’Elegance, spoke in favor of the hotel for fundraising.

Anne Milliken, 13 Tramonto Drive, Rancho Palos Verdes, voiced a genuine concern regarding increased traffic and the speed limit attendant to this stretch of land.  She indicated the decreased safety that an increase in traffic will bring, especially to children who reside along P.V. Drive South.  She revealed that the speed limit is 40 miles per hour, often violated by passenger cars exceeding the speed limit by 15 miles per hour, for a total speed of up to 55 miles per hour.  She testified to witnessing three accidents, two involving children as they were trying to catch a bus, and one involving a cyclist. 

Jack Downhill, 20 Vanderlip Drive, Rancho Palos Verdes, expressed a need for the casitas and villas to have definition under CC& R’s as to how exactly they operate.

Jim Knight, 5 Cinnamon Lane, Rancho Palos Verdes, voiced grave concern over conditional use permits, in that allowing temporary grading for events such as filming may not be advisable because of the disruption to the land and the habitat. 

Mr. Knight also expressed concern over the El Segundo Blue and wanted specifically to point out where on the setbacks of the bluffs the Blues were identified. 

Mr. Knight raised issues with regard to irrigation, indicating that the proposed plan for irrigation may interrupt habitat and that there needs to be a plan in place to assure that there is no chemical runoff, i.e., pesticides, that would interfere with natural habitat.

Mr. Knight voiced concern over the pools and the possibility for landslide, so he requested a full geological survey.  Mayor McTaggart responded by indicating that the Ocean Trails project offered great experience in double lining of pools.

Another point Mr. Knight raised was with regard to delivery trucks, air pollution, gas pollution, and the overall impact of traffic on P.V. Drive South.

Leah Marinkovich, 28544 Montereina Drive, Rancho Palos Verdes, offered a story of her son driving down P.V. Drive South when he was hit with a golf ball.  The damage came to approximately $500, and her son is safe.  However, there is no remedy if a golfer hits a ball and his identity is unknown.  Ms. Marinkovich was glad to see the golf course ran the length of the road so that in the proposed golf course, the golf balls will not be crossing P.V. Drive South.

Mike Mohler presented a Power Pointe presentation in 3-D of the projected resort.   He was requested to, and agreed, that he would provide the city with a copy of the Power Point presentation on CD.

Mayor McTaggart moved, seconded by Councilman Gardiner, to put this matter over to the July 16 Council meeting.

ORDINANCE NO. 376U  - Wind Energy Ordinance

Councilman Gardiner moves to waive reading of staff report, seconded by Councilwoman Ferraro.

Councilman Gardiner moved, seconded by Councilwoman Ferraro to ADOPT, as amended, ORDINANCE NO. 376U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING A WIND ENERGY ORDINANCE PURSUANT TO ASSEMBLY BILL 1207 AND DECLARING THE URGENCY THEREOF.

The motion carried on the following roll call vote:

Ayes: Stern, Ferraro, Gardiner, Clark and Mayor McTaggart
Noes: None
Absent: None

Councilwoman Ferraro moved, seconded by Councilman Gardiner to INTRODUCE, as amended, ORDINANCE NO. 377, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES,  ADOPTING A WIND ENERGY

ORDINANCE PURSUANT TO ASSEMBLY BILL 1207.

The motion carried on the following roll call vote:

AYES: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart.
NOES: None

REGULAR BUSINESS

Appointment of chair for Emergency Preparedness Task Force

Councilwoman Ferraro moved, seconded by Councilman Gardiner to appoint Jack Karp chair of this task force, and to appoint Melvin Hughes and Richard Smith as co-vice chairs.  Motion carried without objection. 

Purchase of Emergency Generator for the Abalone Cove Sewer System

Councilman Gardiner moved, seconded by Councilwoman Ferraro to waive the staff report.  Motion carried. 

Councilman Gardiner moved, seconded by Councilwoman Ferraro to adopt the staff recommendation to award a contract under the provisions of Municipal Code 2.44.140 (d) to Sun Electric to obtain a trailer-mounted emergency generator for the Abalone Cove Sewer System for a cost of $16,023.91 and authorize staff to spend an additional $1,976.09 for possible additional work or unforeseen conditions for a total authorization of $18,000.00.  Motion carried on the following roll call vote:

AYES: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart.
NOES: None

California Redemption/Refund Value Payment And Contract Amendment

Councilman Gardiner moved, seconded by Councilwoman Ferraro, to waive reading of the staff report.

Councilwoman Ferraro moved, seconded by Mayor Pro Tem Stern, to adopt the staff recommendation that staff to prepare a contract amendment for the City's exclusive residential solid waste and recycling agreements with Ivy Rubbish Disposal and Waste Management of Los Angeles clarifying the language on payment of California Redemption/Refund Value (CRV) revenue to the City.  Motion carried without objection.

Adoption of Resolution Establishing Salary and Hourly ranges for all Competitive and Management Job Classifications

Mr. Evans described the procedure by which every three years approximately, salaries are evaluated in comparison with what other cities in our geographic area are paying for similar positions and relative responsibilities.  He further indicated that all non-management positions were surveyed; however, the assistant city manager, department heads, deputy of public works director and the deputy-planning director are not included in the study.

Of those surveyed, the salaries of the comparable cities are listed on Page 18 of the report. 

The recommendation by staff is that the Council approve a 60th percentile increase in the salary ranges.  This will hopefully prevent turnaround on staff while improving recruitment.

Mr. Evans recommended a professional firm be hired to do more of a sophisticated study of the department heads.

Councilman Clark suggested performing exit interviews to those employees who leave the employ of the city, to which Mr. Evans responded that these exit interviews are already being conducted.  Two of the main reasons included geographic desirability and no room for advancement.

Mr. Evans indicated that there is money in the budget to accommodate merit increases.  The gist of the request is that the Council approves the percentages up to 60 percent in the salary ranges only, while keeping the salaries where they are.  Councilman Gardiner suggested moving the percentage up to 75 or 80 percent.

Mayor McTaggart suggested that aiming for a higher level would be a great source of problem solving. 

Councilman Clark moved, seconded by Councilman Gardiner, to adopt recommendation of staff with the revision to increase the salary range for the mid-career professional planners, engineers and accountants to the range of 75 percent.  It was the consensus that such a resolution would be placed on the consent calendar for the next meeting. 

League of California Cities Resolution

Councilman Gardiner moved, seconded by Mayor Pro Tem Stern to waive reading of staff report.

Mayor McTaggart noted that Councilman Larry Clark would be submitting this resolution on behalf of the City.

Councilman Gardiner moved, seconded by Mayor Pro Tem Stern to authorize Councilmember Larry Clark to submit a Resolution to the California League of Cities Advocating the Development of Additional Funds to Support Conversion of Overhead Utilities to Underground.  Motion carried without objection. 

Applicants for View Restoration Mediator Positions

Councilman Gardiner suggested that the applicants provide an explanation as to why they think they’re qualified to be mediator.  Mayor Pro Tem Stern agreed and requested that the applicants bring their summary when they interview.

Mayor McTaggart requested to schedule the appointment of mediators for July 2nd, 6:00, closed session.

ADJOURNMENT:

The meeting was adjourned at 12:28 P.M. on motion of Councilwoman Ferraro.

______________________ 
Mayor

ATTEST:

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City Clerk