Rancho Palos Verdes City Council
   

D R A F T

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

AUGUST 6, 2002

The meeting was called to order at 6:30 P.M. by Mayor McTaggart at Fred Hesse Community Park, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file, and was immediately recessed to a closed session per the Brown Act Checklist.

At 7: 00 P.M., the meeting was reconvened.

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

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

ABSENT: None.

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

CEREMONIAL MATTERS:

Councilman Clark presented Mayor McTaggart with a plaque received at the League of California Cities Mayors and Council Members Executive Forum on July 25, 2002. He explained that the City of Rancho Palos Verdes was recognized as one of a select number of cities at the Resources for the Future Awards reception for meeting the waste diversion requirements of the California Integrated Waste Management Act of 2000.

Mayor McTaggart and Councilman Clark thanked Director Allison for his Department’s efforts and the citizens of Rancho Palos Verdes for their success in achieving the waste diversion requirements set by the state.

RECYCLE DRAWING:

Mayor McTaggart announced that recycling winner Dr. Rolando Fernando would receive a check for $250 and another card was drawn.

APPROVAL OF AGENDA:

Mayor pro tem Stern moved to remove the 25th Street Reconstruction item from the Consent Calendar and discuss prior to public hearings. Councilman Clark asked that Oral City Council Reports be given before the public comments and indicated his desire to have this change made permanently in the future.

Councilman Gardiner moved to remove the minutes from the consent calendar and be placed after Item 3.

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

APPROVAL OF CONSENT CALENDAR:

Councilwoman Ferraro moved, seconded by Mayor pro tem Stern, to approve the consent calendar as amended.

Lois Larue, 3136 Barkentine Road, commented on the amount of $750 paid to Mr. Hollingsworth in the register of demands.

The Director of Administrative Services stated that the billing for $750 is for past months of services by Mr. Hollingsworth.

Renewal of Agreement with Tom Hollingsworth for Design Services. (301)

Approved renewal of the agreement with Tom Hollingsworth for design services to ensure graphic continuity in the use of the City’s logo and custom typeface at a cost of $200.00 per month.

Appointment of Susan Anderson to the Ridgecrest Rancho Recreation & Parks

District. (106 x 1201)

Confirmed the appointment of Susan Anderson to serve on the Ridgecrest Rancho Recreation & Parks District for a term of office until December 2, 2005.

June 2002 Treasurer’s Report. (602)

Received and filed the June 2002 Treasurer’s Report for the City of Rancho Palos Verdes.

Register of Demands.

ADOPTED RESOLUTION NO. 2002-62, 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.

Palos Verdes Drive South/25th Street Rehabilitation Project. (1204 x1405)

Director Allison presented the staff report of August 6th and the recommendation to (1) Award the contract for the Palos Verdes Drive South/25th Street rehabilitation project to Colich & Sons, Inc. for an amount not to exceed $335,540, plus authorize staff to spend an additional $32,360 for possible extra work, for a total authorization of $367,900. (2) Award a professional service contract to Harris & Associates for an amount not to exceed $24,000 for construction management and inspection services for the Palos Verdes Drive South/25th Street Rehabilitation Project.

Mayor pro tem Stern stated that he asked that this item be moved to follow the consent calendar because he believed that staff should be commended for the work they have done in researching the financial costs associated with the Palos Verdes Drive South/25th Street Rehabilitation Project, thus saving the city more than half of the anticipated costs.

Mayor pro tem Stern moved, seconded by Councilwoman Ferraro, to adopt the staff recommendation. The motion carried on the following roll call vote:

AYES: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart.

NOES: None.

Minutes of Regular Meeting of June 18, 2002 and Adjourned Regular Meeting of July 2, 2002 Regular Adjourned Meeting. (301)

Council discussed that section of the June 18, 2002 Regular Meeting Minutes pertaining to View Restoration Permit No. 118 and in particular whether it was their intent that the initial trimming only would be done at the Beck’s expense. Councilman Gardiner pointed out that wording in the minutes was ambiguous and might be read two different ways. He pointed out that the current practice and procedure followed in all such instances was for the applicant to pay for the initial trimming only and the foliage owner would pay for all subsequent trimming to maintain the view. He requested that this be clarified so that there would be no misunderstanding in this case.

Lois Larue, 3136 Barkentine Road, spoke regarding the speed limit on Palos Verdes Drive South to be 45 miles per hour instead of 40 miles per hour as stated by Annie Milliken on page 14 of the June 18, 2002 minutes. She also asked the City Council if they could distinguish the difference between the Palos Verdes blue butterfly and the El Segundo blue butterfly.

Councilman Clark moved, seconded by Councilman Gardiner, that it was the understanding and intent of the Council that the Beck’s pay only for the initial trimming of the trees. Motion carried unanimously.

Councilman Clark moved, seconded by Mayor pro tem Stern to approve the minutes of the Regular Meeting of June 18, 2002 as amended, and the minutes of the Regular Adjourned Meeting of July 2, 2002. Motion carried.

# # # # # # # # # # # #

PUBLIC HEARING:

Long Point Resort Project (Conditional Use Permit No. 215, et. al) (continued). (1804 x 1410)

City Clerk Purcell introduced the continued public hearing on the Long Point Resort Project and stated that there were six speakers on the item and that she had distributed additional late correspondence to the Council prior to the meeting.

City Manager Evans suggested that the Council might wish to discuss the status report from the FAC Committee also pertaining to Long Point. in conjunction with this item.

Senior Planner Mihranian presented the staff report Of August 6th and the recommendation to review and discuss the draft Conditions of Approval, and if deemed acceptable by the Council, direct Staff to prepare the appropriate Resolutions for consideration at the August 28, 2002 meeting.

Mayor McTaggart commented on the need for the explanation of the acronym "RPVMC" in Condition 9.

Councilman Clark suggested that the conditions of approval be displayed on the screen and that the conditions be walked through condition by condition, so that all the issues are clearly addressed.

City Attorney Lynch stated that there was an errata sheet passed out before the meeting with suggested minor changes.

Councilman Gardiner asked if all of the environmental issues had been addressed since the last Council meeting.

City Manager Evans asked for input in response to this question from Director Rojas, Mike Mohler, Barbara Sattler, and Jim Knight regarding the addressing of the environmental issues.

Director Rojas stated that there had been clear direction from Council for staff to meet with the applicant and members of the environmental community to address those issues. He stated that several meetings were held in this regard and that substantial progress was made.

Mayor pro tem Stern asked if, from Staff’s perception, the meeting worked in addressing the environmental issues.

Barbara Sattler, 1904 Avenida Aprenda, stated that she felt the meeting with staff was very productive and that there were only a few outstanding concerns that remain.

Mike Mohler, 11777 San Vicente Boulevard, Suite 900, Los Angeles, Destination Development Corporation, stated that he felt that the meetings held with staff accomplished ninety percent of what he had hoped to in addressing the environmental issues. He stated he has two conditions with some need for revisions.

Mayor McTaggart stated that he felt the Council should review the Conditions of Approval and address any Council questions or comments, and then public comment be taken regarding Conditions about which they would like to comment.

Mayor pro tem Stern asked for an update from Mr. Mohler regarding Condition No. 8.

Mayor McTaggart stated that Condition No. 8 was probably his fault because he had suggested to Stan Wolowicz, Chair of the Finance Advisory Committee, to find the simplest way for Destination Resorts to deal with tax payments. The Mayor stated that he had subsequently spoken with Bob Lowe who stated that he saw no problem in keeping track of and making quarterly payments.

Director McLean stated that the Mayor may have raised this question some time ago to Chair Wolowicz, but he stated that Finance staff at the Finance Advisory Committee (FAC) Meeting of July 22, 2002, raised the question of a limited guarantee that would be limited to the level of what the City’s out-of-pocket cost might be in a year’s time, in the event there was a cessation of the operation of the resort. He stated that there was no clear affirmation or disagreement with the recommendation at the FAC meeting but that in a later conversation with the Chair of the FAC he did state that he supports the idea of limited guarantee. Director McLean stated that the cost would be $100,000 a year inclusive of amortization of the infrastructure over a twenty-year period, but that the actual out-of-pocket cost to maintain on an ongoing basis would be far less than $100,000 a year.

Councilman Clark asked what drove the framing of Condition No. 8.

Director McLean stated that it originated from when the project was contemplating the inclusion of Upper Point Vicente for golf.

Mayor pro tem Stern commented that the developer executed a mass mail out, stating that the resort would generate $4.7 million, and that he was surprised that the developer would be uncomfortable in putting up a "guarantee" of sorts.

Mayor McTaggart pointed out that the previous proponent did the mass mailing.

Councilman Clark stated that he agreed with the developer that Condition No. 8 should be deleted.

City Manager Evans stated that as early as Condition No. 11 it states that the developer guarantee maintenance of the facility.

Councilwoman Ferraro suggested that instead of trying to renumber the conditions, it be stated that Condition No. 8 was intentionally deleted.

Mayor pro tem Stern stated that Condition No. 10 which deals with the responsibility for constructing public amenities should include the City Attorney and be spelled out to read "Director of Public Works and City Attorney."

Mayor pro tem Stern stated that he does not feel comfortable with Condition No. 18 and would like the third to the last sentence struck, because he feels it limits the scope of City Council review.

City Manager Evans stated that is what Condition No. 18 is intended to do. He stated that if the resort requested a change in the hours of operation for golfing, the City would be entitled to review other conditions relating to golf, but not review other unrelated conditions.

City Attorney Lynch stated that the sentence under discussion was put in at the request of the applicant.

There was a consensus that the sentence should be struck.

Councilman Clark disclosed that he was contacted by Bob Lowe and had a brief discussion regarding Condition No. 8. During that same conversation Councilman Clark expressed to Mr. Lowe that he had concerns with Condition Nos. 21 and 22 in that they were not expansive enough in the area of resident benefits in using the spa and golf amenities. Councilman Clark went on to express his desire to have these conditions revised to address how to offer additional benefits to the residents. Councilman Clark asked for comment on this issue from Rob Lowe, the developer.

Rob Lowe, 11777 San Vicente Boulevard, Suite 900, Los Angeles, Destination Development Corporation, stated that both Condition Nos. 21 and 22 require that they be available to the general public on a fee per use basis. He stated that it seems that there are two ways to address that: 1) to simply charge the non-hotel guest such as outrageous fee that it effectively will preclude them, or 2) to establish a "reasonable" fee or benchmark. He stated that he is happy with the term "reasonable" being added.

Mayor pro tem Stern stated that he would like to see the word "reasonable" added to Condition Nos. 21 and 22.

Mr. Mohler stated that the use of the spa, would mean the spa, pool, exercise equipment, steam room, and showers and that massages, beauty treatments, and other similar things are always extra.

Councilwoman Ferraro asked if a massage would require an additional fee be paid beyond the service charge.

Mr. Lowe stated that the usual way spas operate is that if a customer comes in for a massage, the use of the overall facility comes with it. He further stated that if the customer is not going to get a massage or some other treatment, a fee is then charged for the use of the general facility. Mr. Lowe stated he is concerned that if a discount for residents is written into the conditions, there may be some proactive statement by the California Coastal Commission forbidding the resort from offering that. He stated that most hotels and facilities want the locals to use their property, specifically because there are many times of the year that the facility is not busy. He stated that hotels have a common practice of offering discounts for the local residents at these times rather than writing into the conditions that residents of Rancho Palos Verdes would be offered a discount.

Councilman Clark stated that he and staff had already met with Coastal Commission staff about the possibility of providing some benefits to the residents of Rancho Palos Verdes, and they indicated that they were open to that. He stated that in his earlier conversation with Bob Lowe, and that Mr. Lowe mentioned several amenities or benefits to the local community in some of the Lowe’s other resort properties such as creating a club organization structure or local resident discounts/incentive programs.

Mr. Rob Lowe stated that the resort would love to have a club in a normal environment, but that there have previously been some provisions in California Coastal Commission staff reports on Ocean Trails and other types of coastal projects that specifically exclude any type of club.

Councilman Clark wanted to know what more Destination Development Corporation could do in providing some benefits to the local community.

Mr. Lowe stated that he could commit to providing local promotional opportunities.

Mayor McTaggart stated that the city must be careful to prevent opening themselves and the developer up to litigation brought by people and associations on the basis of discrimination.

City Attorney Lynch stated that she has seen the California Coastal Commission staff to be very adverse to the concept of organizations such as "clubs," but that local promotional incentives would not likely receive the same degree of concern from the California Coastal Commission. She suggested that she and staff could work on the specific language in Condition Nos. 21 and 22 and bring them back to the Council for approval. Council agreed with this approach.

Mayor pro tem Stern was concerned about the indemnity agreement in Condition No. 33. His concern was that the amount of the indemnity needs to be reviewed by staff for adjustment from time to time. He stated he would like to have a provision written in that if at any moment insurance were not in place, golf activity would cease immediately.

Councilman Gardiner asked about the letter received from the California Joint Powers Insurance Authority (CJPIA) in response to the City’s questions.

City Attorney Lynch summed up the responses from CJPIA: that the City should not be concerned as long as there is adequate insurance, the developer is going to be constructing the improvements and that inspections will be performed. City Attorney Lynch stated that she will be developing language regarding the admitted insured, authorized insured, primary carrier, and additional insured to be brought back to the next Council meeting.

Councilman Clark stated that he would like to see that another provision would be written in that if the liability insurance was not in place, the use of the spa would cease immediately also.

Councilman Clark wanted to know the basis of the sizing in Condition No. 35 having to do with the expansion of the Lookout Bar.

Director Rojas stated that it was taken from the section regarding Coastal Structure Setback Zone from the Development Code.

City Attorney Lynch stated that Condition No. 35 may be modified depending the Council’s final action on the variance submitted and on geology.

Councilwoman Ferraro asked about the possibility of Condition No. 36 changing as well.

City Attorney Lynch stated that both Condition Nos. 35 and 36 will be modified.

Mayor pro tem Stern asked about Condition Nos. 40 and 41. He asked for clarification regarding the management of the casitas and villas. He would like to see it clearly stated that the casitas and villas are to be made available to the general public as hotel accommodations when not in use by the owners.

Timmi Hallem, Attorney for Long Point, stated that the conditions would be clearly spelled out in the deed restrictions on the map.

Mayor McTaggart stated that he would like to back up a bit and address some of the comments on the conditions by Destination Development Corporation. He stated that the request was to strike out the word "subconsultants" in Condition No. 30.

City Attorney Lynch and the Council agreed on the proposed change to Condition No. 30.

Mayor McTaggart asked about the changes to Condition No. 33.

City Manager Evans stated that changes to Condition No. 33 were still not complete.

Timmi Hallem, stated that she and City Attorney Lynch would be working together to find the language that would work for all sides regarding Condition No. 33.

Councilman Clark asked for an explanation and clarification of Condition No. 42.

Ms. Hallem that the same language be used for Condition No. 42 as is used in Condition Nos. 40 and 41.

Councilwoman Ferraro suggested adding, "sold or made available" after the word "not" in Condition No. 42.

Councilman Gardiner expressed concern about delivery trucks under 40 feet in length being allowed to operate 24 hours a day at stated in Condition No. 47.

City Attorney Lynch stated that the developer had advised that because the site has restaurant facilities, they would be receiving food pretty much around the clock as is the case for Ocean Trails.

Ms. Hallem stated that the restaurants are in the middle of the project and not near any neighbors. She stated that the hotel owners would want the deliveries to be minimal and as quiet as possible for the benefit of the hotel guests and the neighbors.

Councilman Clark expressed concern for the neighbors adjacent to the resort regarding the noise level of deliveries.

City Attorney Lynch stated that this issue and other issues would all be reviewed during the 6-month review.

Ms. Hallem stated they have concerns regarding Condition No. 51 regarding the maximum square footage allowed for the different facilities and requested a change of the wording from " substantially comply with" to "not exceed" in the first sentence.

There was discussion regarding the appropriate language and the needs of Lowe Destination Resorts.

Councilwoman Ferraro suggested changing the wording to read ". . .substantially comply with and not to exceed ... " There was a consensus from the Council on this wording.

Councilman Gardiner suggested that Condition No. 56 be changed so that the phrase "including but not limited to such measures as" is added before the word "incorporating."

There was Council discussion on the change and it was agreed the phrase "such measures as" should be added before "incorporating."

Councilman Clark stated that he felt Condition No. 58 has missing ". . .and approval. . ." inserted after the word review.

City Attorney Lynch concurred that it should read "for review and approval."

Councilman Clark commented that the color of the roofs of the buildings had been a subject of discussion in the past and asked for comment from the applicant.

Mr. Mohler stated that they have had discussions regarding the roof color since the last meeting and that they are proposing to go with a more muted color for the villa roofs. He distributed a color chart and explained that they are committing to blend two of the colors indicated on the chart to achieve a more muted red color.

Councilman Gardiner asked about the section of Condition No. 74 that reads that pedestrian and golf cart trails should be parallel to each other.

Mr. Mohler stated that there should be no reason that any golf cart trail would be parallel to a pedestrian trail. He stated that this condition was a remnant from when the public land was in play since there were parallel trails at that time. He stated that the best way to reword this would be to state that there would be no golf cart paths parallel to pedestrian paths.

Councilwoman Ferraro stated that she felt the wording should be "paths, if immediately adjacent, shall be separated by two feet and the golf cart path shall be curbed."

Mr. Mohler stated that in Condition No. 78 he wanted it to be understood that there will be outdoor seating and eating areas around the facility and that the buffer will die out just short of the habitat area. He also stated that the area is a historical whale counting area and that they may be putting historical signage there.

Mr. Mohler stated that the last sentence of Condition No. 79 be written similar to the mitigation measures that were adopted and certified in the EIR. He stated that when the anthropologists/ entomologists went out to the site, they stated that there needed to be a buffer of 30 feet cleared of ice plant and invasive species, a trail put behind it, and a transition zone of approximately 50 feet from the trail into the more exotic landscaping of the resort that should contain native species and non-invasive species.

Councilman Gardiner stated that he felt comments presented by Barbara Sattler and Jim Knight were important and tied to the conditions being discussed, and that he would like to hear from them regarding their concerns.

RECESS & RECONVENE:

At 8:45 p.m., Mayor McTaggart declared a recess. The meeting reconvened at 9:10 p.m.

AUDIENCE COMMENTS:

Lois Larue, 3136 Barkentine Road, stated that she felt the Planning Commission should receive $60.00 a month, and the chairman of the Planning Commission should receive perhaps $100.00 a month. She asked about the procedure for the recycling drawing.

Bob Nelson, 6612 Channelview Court, stated that he was pleased to see that Councilman Gardiner’s wishes of a minimum of micromanaging regarding the conditions of approval for the Long Pint project has been achieved. He stated that he felt the progress made is a job well done.

Jim Knight, 5 Cinnamon Lane, stated that he is pleased with the progress that has been made in working with staff, but that there are still some issues to be addressed. He stated that was concerned with Conditions 163 through 170, which deal with water control regulation criteria, bioswale systems, and the adverse impacts that filtration systems might have on the wildlife. He stated that he felt the first area that should be addressed is the area of prevention as in Condition No. 79 dealing with landscape planning, and the second is the monitoring of toxic runoffs by qualified biologists, botanists, and chemists.

Mayor McTaggart stated that the language used means that Director Allison and Director Rojas will be responsible for contacting the appropriate experts to address the monitoring concerns.

Mr. Knight also stated he was concerned with offsite drainage discussed in Condition No. 162 and how it might interfere with the water quality plan. He stated that he has not seen the baseline for the bacteria counts, fertilizers, etc., and that a comparative basis is needed for that.

Mayor pro tem Stern stated that the appropriate time to deal with that plan is when staff is dealing specifically with that plan. He stated that detailed plans for that are not yet available.

There was Council discussion regarding the concerns of the plans not yet drawn up.

Councilman Clark suggested that the environmental concerns of the public be heard tonight and then be mapped by staff to the conditions that are applicable for review at the next meeting.

Mayor pro tem Stern asked if staff could get together with the applicant and the environmental people to make sure the concerns have been adequately addressed.

Director Rojas stated that only about 10 percent of the issues still remain to be resolved and that there have already been discussions as to when the next meeting will be held to address these issues.

Ms. Hallem suggested that an exception report be prepared with proposed language covering the environmental concerns discussing at the meeting.

Barbara Sattler, 1904 Avenida Aprenda, stated that she was very happy that the plan will be protecting the water of the ocean from storm water and urban runoff, but that she was concerned with the location of the water quality basins near the bluff edge, the habitat areas, and the plant buffer area. She stated that her second concern was with the bioswales and the accumulation of toxins at these sites. She stated that she would like to see the swales monitored by biologists, and that strict source control BMPs be put in place that are consistent with the new SUSMP guidelines.

Mr. Mohler stated that they would bring a water quality specialist in at the next meeting with staff and those with environmental concerns.

Director Allison stated that staff has had the same concerns as those that the speakers have brought up this evening and that the answers will be detailed in the plans that are to come. He stated that staff’s vision is that the issues will be worked out in detailed plans to be brought back at a later meeting.

Angelica Brinkman-Busi, 2141 W. 35th Street, San Pedro, representing the South Coast Chapter of the California Native Plant Society, stated that she basically supports the conditions but that she has a few comments regarding the landscaping and vegetation in Condition No. 79. She stated that she would like a sentence added to the second paragraph of Condition No. 79 stating that "no invasive plants may be included in any plant palette." She also stated that the words "is recommended" be stricken from the last sentence of the paragraph because it will be feasible to use local plants. She suggested that in Condition No. 81, no new or replanted tree should be of an invasive species. She stated that invasive trees should be replaced by tree species that are known not to naturalize or spread easily.

Mr. Mohler stated that he would like to have Condition No. 79 removed for discussion at the upcoming meeting with staff, Angelica, Jim, and Barbara.

Councilman Clark asked why Condition Nos. 80 and 82 were separated.

Mayor McTaggart stated that one was to screen the hotel and the other to screen the ancillary roads.

Mayor pro tem Stern explained that he felt they were separated for clarity because the screening would be handled differently for the roof of the hotel.

Mayor pro tem Stern stated that he had a concern about Condition No. 84 and the ninety day trial period. He stated that the ninety days should be timed from when the specific lighting is put into routine service.

Councilman Clark asked why lighting for the tennis courts in Condition No. 85 will be allowed, whereas lighting for golf practice in Condition No. 86 will not be allowed. He stated that his concern is that the tennis court lighting would be distracting for the residents above Hawthorne.

Senior Planner Mihranian stated that the lighting plan dictates that the lighting shall have no spill over or glare onto other properties.

Mayor pro tem Stern asked about Condition No. 87 and the signage criteria.

Director Rojas stated that the Development Code dictates the signage criteria.

Councilman Clark had a question regarding the language in Condition No. 89 regarding the undergrounding of two power poles.

Ms. Hallem suggested that it could be reworded to say that "in addition, the two power poles on either side of Palos Verdes Drive South shall be undergrounded."

Councilman Clark asked for an explanation regarding the lack of safety netting for the golf course or practice facility discussed in Condition No. 99.

Mr. Mohler explained that the driving range was laid out with a maximum width so that slight berming techniques, setbacks from streets and property lines, and the use of corridors for Hole No. 3 would not require the use of safety netting.

Mayor McTaggart commented on Condition No. 102 and that any materials on-site had to be used quickly.

Mayor pro tem Stern suggested that a change be made to the last sentence for the purpose of clarity. He suggested the wording be changed to "then existing."

City Attorney Lynch suggested the deletion of the word "existing" from the sentence and the addition of the phrase "as they may be amended from time to time" at the end of the sentence.

Councilman Clark asked if in Condition No. 108, if the 50 public parking spaces dedicated for public use are occupied, can members of the public use the main parking lot.

Ms. Hallem responded that devising a system that would work to differentiate between guests who should be using the paid parking and members of the general public who should be using the public parking facilities would take some thought. She asked if they could have some time to work on the language to come up with a way that this would be practically enforceable.

Councilman Clark stated that he understood the developer’s concern, but expressed his concern that if there were more than 50 residents attempting to park at the site, that they should not be penalized because they did not arrive early.

Ms. Hallem stated that there are actually 100 public parking spots, but they will try to come up with a practical way to regulate the parking.

Mayor pro tem Stern asked if there needs to be a mechanism or a condition to regulate that the guests of the hotel are not parking in the public parking spaces.

Councilman Clark stated there are significant problems parking at Ocean Trails today.

Mayor pro tem Stern asked if there was truly a need for a traffic light at the entrance as discussed in Condition No. 127.

Director Allison stated that a traffic study done by the applicant’s engineer stated that a traffic signal is required at the entrance of the project and was one of the mitigation measures in the EIR. He further stated that Condition No. 127 refers to other signals.

City Attorney Lynch stated that the traffic signal is one of the mitigation measures adopted in the EIR.

Councilman Clark asked about Condition Nos. 124, 125, and 126 and how the applicant’s fair share is determined if an improvement is needed.

Director Allison stated that if and when an improvement is needed, based on the amount of the traffic that passes through the intersection, a certain percentage of the traffic is attributed to the project, and that percentage is what the applicant would be responsible for.

Mayor pro tem Stern returned to Condition No. 127 and asked if 3 years is long enough to determine whether or not there needs to be a traffic signal. He suggested that perhaps 5 years would be a better time period to use.

There was Council and applicant discussion regarding the number of years that should be required in this condition. It was decided that five years should be the determined length of time.

City Attorney Lynch stated she would verify the number of years required by law.

Councilwoman Ferraro stated that "Palos Verdes Drive South" should be added after "Palos Verdes Drive West" in Condition No. 127.

Mayor pro tem Stern stated that in Condition No. 128 the phrase "scheduled to adequately serve Ocean Trails" should be added after the words "a shuttle service."

Mayor McTaggart stated that he had a concern regarding Condition No. 152. He asked if the bioswales needed to be percolated and not lined because they handle the runoff from the golf practice facility and if they needed to be moved back from the bluff if the geologist agrees.

Mayor pro tem Stern asked about the stenciling of catch basins in Condition No. 163. He stated that he felt there should be a more attractive way to stencil catch basins then those he has seen.

City Manager Evans stated that there is a standard stencil and also a standard plaque that can be used.

Ms. Hallem asked if the wording could be changed in Condition No. 163 to read "all catch basins shall be marked with a water quality message in accordance with city standards" which will allow them to look into more creative ways to mark them.

Mayor pro tem Stern asked why the applicant is not dealing with the affordable housing requirements on site and the in-lieu of fees for parkland dedication requirement as mentioned in Condition No. 196.

Director Rojas stated that staff did not push the issue because the site was not zoned as residential.

There was Council discussion regarding meeting the state-mandated requirement for affordable housing.

Councilman Clark asked about the variance on the proposed pool and spa in the lower area needs to be finalized by the Planning Commission because they were waiting for geology results.

Ms. Hallem stated that the variance was expected to be heard next week by the Planning Commission and would be returning to the City Council on August 28, 2002.

Councilman Gardiner asked if the issue of the requirement for a traffic signal could be revisited.

There was Council discussion on the matter with input from City Attorney Lynch and the general consensus was that the traffic signal was required because it was a mitigation measure in the adopted EIR.

Ms. Hallem stated that the applicants want to proceed and are satisfied with leaving the requirement for the traffic signal alone since it was a requirement of the EIR.

Mayor pro tem Stern asked about the condition for the villas and casitas which states that guests cannot stay beyond 29 days. He stated that he felt the probability of anyone staying beyond this time period was miniscule and that he did not feel this was an issue of any financial concern, and did not feel that legally there was any reason to require a change to that condition.

REGULAR BUSINESS:

Proposed Long Point Resort Project: Status Report to City Council. (1203 x 1804)

Director McLean presented the staff report. He stated that he would like to review the three basic questions that were assigned to the Finance Advisory Committee and answer the questions in summary form and leave it to the Council to ask follow up questions that he and Chairman Wolowicz could respond to. The first question was, "Could the city be damaged economically in the event the resort ceases operation? And if so, what safeguards could be instituted to mitigate the costs of such possible damages?" Director McLean stated that possible economic damages during construction could be mitigated by the revised conditions of approval, including the use of performance bonds and letters of credit that require the developer to complete various facets of the infrastructure regardless of whether or not they were to cease construction. He stated that after the resort begins operations, based upon the work that was done by staff, the city’s cost to maintain that infrastructure would be fairly insignificant, essentially medians and park and trails. He further stated that the Finance Advisory Committee asked six very basic questions regarding insurance of the CJPIA. He stated that he would like to review the replies from the CJPIA with the City Attorney and then report back to the Finance Advisory Committee and bring any concerns to the Council at the next meeting.

Director McLean stated that the second question was, "What if any infrastructure and operational costs will the City incur during construction and after its operations begin?" He stated that during construction the City expects to have no infrastructure costs, and that after the project begins any cost of the infrastructure are expected to be fairly insignificant. He stated that the City does not anticipate having any significant operating costs associated with infrastructure. He stated that any consultant costs to assist City staff through the project will be borne by the developer through a trust deposit.

Director McLean stated that the third question was, "Will the City experience negative cash flow during the development and early operations of the resort?" He stated that the City anticipates that during construction they will receive up to $1.6 million of fees, $400,000.00 of which will be unrestricted and will flow into the General Fund. He stated that in regards to cash flow, he does not anticipate there to be any cost borne by the City. He stated that after the resort operations begin, the City anticipates significant financial revenue from transient occupancy tax, sales tax, and utility user tax ranging between $300,000-$450,000 per month during the first 24 months of operation. He further stated that the out of pocket costs the City might bear during that time period would be that of public safety costs of approximately $250,000 a year and maintenance of traffic signals and medians about $10,000 a year. He stated that staff anticipates that the resort will produce a total tax revenue of approximately $3-5 million dollars a year.

Director McLean stated that one of the conditions of the project will include the requirement that the developer pay 110% up front when consultants are retained to provide services on behalf of the City and for consultants that will serve the City through the duration of the project.

Mayor McTaggart asked if the onsite monitoring for inspections have been included in the costs.

Director McLean and Senior Planner Mihranian stated that the cost of inspections will be handled through the trust deposit system.

Steve Wolowicz, Finance Advisory Committee (FAC) Chairman, spoke regarding the meetings held by the Finance Advisory Committee. He stated that they are relying on the City Attorney to decipher the legal language from CJPIA in response to the City’s inquiries. He stated that the FAC was concerned with the topic of obtaining insurance for land subsidence, which they understand is not to be an issue according to geologists for this project because land conditions at Long Point are different from those at Ocean Trails. He state that other issues of concern were the monitoring of costs, insurance issues, issues regarding storm drains and sewer lines, and any identifiable mechanisms that can be put in place to protect the City. He felt it was important that should something come up at a later date it should be discussed even after the development is underway.

Mr. Mohler asked for confirmation from Council on his assignment to return with language changes on Condition No. 108 and confirmed that he would be holding a follow-up meeting with Barbara Sattler, Jim Knight, and Planning and Public Works staff to address environmental issues. He asked if Council would be recommending staff to move forward with the draft resolutions as well as the refining of the Conditions.

There was a general consensus from the Council that this was the intent.

It was the consensus of Council to receive and file the proposed Long Point Resort Project Status Report and recommendations from the Finance Advisory Committee.

Recess and Reconvene: At 10:55 p.m., Mayor McTaggart recessed the meeting, and he reconvened the meeting at 11:00 p.m.

Abalone Cove Sewer Maintenance Fee. (602 x 1900)

Mayor McTaggart opened the public hearing.

Director Allison presented the staff report of August 6th and the recommendation to (1) Conduct a public hearing on the proposed levy and collection of the annual sewer maintenance fees for the Abalone Cove Sewer System for fiscal year 2002-03 and adopt the Engineer’s Report prepared in connection therewith; (2) Authorize a $19,125 City subsidy of the annual Abalone Cove sewer maintenance fees; and, (3) ADOPT the proposed resolution APPROVING A REPORT IN CONNECTION WITH THE SEWER SERVICE CHARGE ESTABLISHED PURSUANT TO CHAPTER 13.06 OF THE RANCHO PALOS VERDES MUNICIPAL CODE, DETERMINING THE AMOUNT OF SUCH CHARGE FOR FISCAL YEAR 2002-03, AND ORDERING THAT SUCH CHARGE BE COLLECTED ON THE TAX ROLL.

There was brief Council discussion on the item.

Mayor pro tem Stern stated that he wanted to point out that the City is subsidizing almost one half of this amount and that he wants people to understand that this subsidizing will not go on forever.

There were no speakers on the item.

Mayor McTaggart moved the public hearing closed, seconded by Councilwoman Ferraro.

The motion carried on the following roll call vote:

AYES: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart.

NOES: None.

ORAL REPORTS:

Mayor pro tem Stern gave an oral report on his, Councilman Clark’s, and the City Manager’s attendance at the regional League of California Cities meeting. He stated that the resolution advocating a more timely approach by the CPUC associated with their undergrounding utilities mandate requiring that all overhead transmission power lines be undergrounded. Both the Los Angeles County Division of the League and the Transportation, Communications, and Public Works Policy Committee of the League unanimously supported the adoption of this undergrounding policy resolution. It will be presented at the October annual meeting of the full League for discussion and adoption. Mayor pro tem Stern stated that he and Councilman Clark attended the regularly scheduled Ocean Trails status meeting where the featured topic discussed was the realignment of Palos Verdes Drive South. All agreed at the meeting of the need to keep residents who will be impacted informed on the progress of PV Drive South re-build and overall project.

Councilman Clark reported that he attended the League’s Annual Mayors and Councilmembers Executive Forum Meeting on July 24-26, 2002 where issues discussed were the following: 1) the creation of the grassroots network which extends the interest and the representation of the League staff into the different segments of California, 2) Ballot measure advocacy to protect local government funds, and 3) distrust of government/focus on ethics, service and duty. He complimented Director McLean and Ted Vegvari who demonstrated the pioneering technology exhibit of our City’s video streaming. He stated that there were two forums on terrorism and the threat of terrorism and that he ordered CDs on terrorism for staff review and for use by the Emergency Preparedness Task Force. Councilman Clark also reported that he and Mayor McTaggart attended meeting organized by Assemblyman Lowenthal to discuss the Dunn Bill (AB910) which proposes to assess a monetary penalty if a City’s housing element is not updated every six years as required by state law.

Mayor McTaggart explained that the AB910 bill proposes a penalty of 35 cents per resident per month for cities that do not meet the housing goals. He stated this would be approximately $180,000 a year for the City of Rancho Palos Verdes even though the state ignores the fact that this is an unfunded mandate. Mayor McTaggart stated at the meeting that he personally could not support the bill if there is a penalty to cities for something that the state should be upfront with, during a time when there is a tremendous deficit in the state budget. He indicated that the state is also demanding with the NPDES permit that the city treat storm water along seven and a half miles of coastline, which is unrealistic.

Councilwoman Ferraro attend PV Transit meeting where she obtained a Policy and Procedure operations manual where disciplinary guidelines were discussed as well as the recent bus fire due to a defect in the wheel well. She stated that there was an election of new officers and that Judy Mitchell is the new Chair, Susan Seamans the new Vice Chair, and that she had been elected the new Secretary.

Mayor McTaggart reported on his attendance at the following meetings: the July 17, 2002 Mayor’s breakfast; the Peninsula luncheon with the president of the school board and the Mayor’s of other various cities; the JPIA election, Solid Waste Task Force; Coalition for practical regulation CPR, the school board meeting, Ladera Linda beach party; Energy and Environment Committee; Max Transit; and the Lomita City Council meeting where the Harbor Hills recreation facility and community building project was discussed and approved.

Mayor McTaggart stated that he had a telephone conversation with Don Jensen of the California Water Service in which he stated that the water company has withdrawn any idea of developing the site for homes.

Appointment of Chair for the Open Space, Planning and Parks & Recreation Task Force. (106 x 1201)

Director of Administrative Services Purcell stated that the interview for the appointment of Chair for the Open Space, Planning and Parks and Recreation Task Force was held this evening and handed out ballots voting.

Councilman Gardiner made a motion to nominate Kevin Yourman as Chair of the Open Space, Planning and Parks and Recreation Task Force with Hildreth, Torres and Knight as Vice Chairs. The motion was seconded by Mayor pro tem Stern.

The motion carried on the following roll call vote:

AYES: Clark, Gardiner, and Stern.

NOES: Mayor McTaggart, Ferraro.

Resol. No. 2002-64 - Additional Funding For Weed Abatement. (1204 x 1405)

Councilman Gardiner moved waiving of the reading of the staff report of August 6 and the recommendation to (1) ADOPT RESOLUTION 2002-64, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2002-45, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2002-03, FOR A BUDGET ADJUSTMENT TO THE CITY’S GENERAL FUND. (2) Authorize the Director of Public Works to expend an additional $21,500 for maintenance services for weed abatement in accordance with County Fire Codes. The motion was seconded by Mayor pro tem Stern.

Councilman Gardiner moved to approve staff recommendation, seconded by Councilman Ferraro.

There were no speakers on the item.

The motion carried on the following roll call vote:

AYES: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart.

NOES: None.

NPDES REGULATIONS. (1203 x 1402)

Councilman Gardiner moved waiving of the reading of the staff report of August 6th which recommended (1) Adoption of the proposed urgency OF THE CITY OF RANCHO PALOS VERDES REGARDING STORM WATER AND URBAN RUNOFF POLLUTION CONTROL, AMENDING CHAPTER 13.10 OF TITLE 13 OF THE RANCHO PALOS VERDES MUNICIPAL CODE, AND DECLARING THE URGENCY THEREOF. (2) INTRODUCING AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING STORM WATER AND URBAN RUNOFF POLLUTION CONTROL AND AMENDING CHAPTER 13.10 OF TITLE 13 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. The motion was seconded by Councilwoman Ferraro.

Councilman Gardiner moved, seconded by Councilwoman Ferraro to approve staff recommendation.

Barbara Sattler, 1904 Avenida Aprenda, stated that she feels the NPDES is an important regulation that will provide a lot of protection to our natural habitat and waters. She stated that she realizes it will be a difficult transition to meet with all the regulations but that it is a national mandate and will affect everyone and that she urges the City to support this mandate.

Mayor McTaggart stated that there is a problem in that two cities drain into our city and we drain into two other cities and that we have no control over what comes in, and that he feels Best Management Practices are what are required by the EPA, but that our Water Board is insisting on TMDLs that cannot be met.

Director Allison pointed out that two areas are now a part of the environmentally sensitive area map instead of the entire City as previously mapped two years ago, which is significant for our residents, and that in a meeting with the water board it was established that all existing single family residences will be exempt from this program.

The motion to adopt ORDINANCE NO. 378U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING STORM WATER AND URBAN RUNOFF POLLUTION CONTROL, AMENDING CHAPTER 13.10 OF TITLE 13 OF THE RANCHO PALOS VERDES MUNICIPAL CODE, AND DECLARING THE URGENCY THEREOF, carried on the following roll call vote:

AYES: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart.

NOES: None.

ORDINANCE NO. 379, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING STORM WATER AND URBAN RUNOFF POLLUTION CONTROL AND AMENDING CHAPTER 13.10 OF TITLE 13 OF THE RANCHO PALOS VERDES MUNICIPAL CODE was introduced on motion of Councilman Gardiner, seconded by Councilwoman Ferraro and carried on the following roll call vote:

AYES: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart.

NOES: None.

Border Issues Status Report. (310)

Senior Planner Fox presented the staff report of August 6th which reviewed the current status of border issues, including the Harbor Hills project which will be adopted by the City of Lomita at their August 19, 2002 City Council meeting, and the Garden Village shopping center zone boundary adjustment appealed by April Sandell, which went to a hearing on July 16, 2002, where it was denied by the City of Los Angeles. He stated that a Notice of Preparation was received for the Butcher property subdivision in Rolling Hills Estates where 12 homes are proposed, and noted two other nearby properties proposed to be redeveloped – the Remax office building and the Rolling Hills Covenant Church.

Councilman Gardiner asked about the roadwork on Crenshaw Boulevard being done by the County and reports that there was a cement truck parked overnight that sunk a foot into the ground and that there was something oozing from the road.

City Manager Evans stated that the County is the lead agency on the project and that we could check with them to see if they have any information.

Don Shults, 2124 Velez Drive, representing the Rolling Hills Riviera HOA, stated that he appreciates that there has been City representation regarding border issues and he asked if the City has heard if the County landfill will become a golf course and what the City’s position was on this proposal.

Mayor McTaggart stated that the City had commented on the Notice of Preparation for the EIR and asked the County several questions about what was proposed.

Councilman Clark added that the Council is waiting for the response to their comments.

Purchase Of City Hall Phone And Voice Messaging System. (602 x 302)

Councilman Gardiner moved waiving of the reading of the staff report of August 6th which recommended approval of the proposed purchase and support agreements between the City of Rancho Palos Verdes and Expanets regarding the replacement of the City Hall telephone and voice messaging system and authorized the Mayor and the City Clerk to execute same. The motion was seconded by Mayor pro tem Stern.

Councilwoman Ferraro moved to approve staff recommendation, seconded by Councilman Gardiner.

There were no speakers on the item.

The motion carried on the following roll call vote:

AYES: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart.

NOES: None.

Additional Funds For Aircraft Noise Legal Fees. (1101 x 310)

City Manager Evans recommended continuation of this item to Closed Session of the August 28, 2002 City Council meeting due to the continued litigation in this matter.

There was a consensus of the Council to continue the item as recommended.

Purchasing ordinance revision: informal bid and sale of obsolete personal property procedures. (602)

Director McLean presented a brief summary of the staff report and recommendation to INTRODUCE ORDINANCE NO. 380, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING THE PURCHASING AND DISPOSITION OF CERTAIN SUPPLIES AND EQUIPMENT AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.

There were no speakers on the item.

Councilman Gardiner stated that he would like the City to be able to make purchases based on the best value and not necessarily be forced to award purchases to the vendor making the lowest cost bid. This would permit the City to make trade-offs on price and value.

Councilman Gardiner moved to INTRODUCE ORDINANCE NO.380, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING THE PURCHASING AND DISPOSITION OF CERTAIN SUPPLIES AND EQUIPMENT AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE, seconded by Mayor pro tem Stern.

The motion carried on the following roll call vote:

AYES: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart.

NOES: None.

Resol. No. 2002-65 - Support of the continued presence of Harbor-UCLA Medical Center. (1101)

Mayor McTaggart presented his memorandum of August 6 and the recommendation that the Council consider adopting a resolution in support of retaining Harbor-UCLA Medical Center as a full service tertiary hospital with Level I Trauma and Emergency care.

There was Council discussion in support of the Harbor-UCLA Medical Center as a research hospital and trauma treatment center.

There were no speakers on the item.

Councilman Gardiner moved to ADOPT RESOLUTION NO. 2002-65, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES IN SUPPORT OF THE CONTINUED PRESENCE OF HARBOR-UCLA MEDICAL CENTER AS A FULL SERVICE TERTIARY HOSPITAL ABLE TO OPERATE AS A LEVEL I TRAUMA CENTER AND TO SUSTAIN ITS ROLE AS A TEACHING HOSPITAL AND RESEARCH HUB, seconded by Mayor pro tem Stern.

HR4720 (Israel): Amateur Radio Emergency Communications Consistency Act. (310 X 1801)

Mayor pro tem Stern summarized his report and asked Council to authorize the City Attorney to draft a letter to Congresswoman Harman voicing the City’s opposition to HR 4270.

Councilman Gardiner moved to direct the City Attorney to prepare a letter to Congresswoman Harmon voicing the City’s opposition to HR 4720 and detailing the manner in which the current regulation is being evaded and misused, seconded by Councilman Clark.

Policy Supporting Participation By Residents In Government Against Intimidation Caused By Lawsuits Naming Individuals. (310)

Mayor pro tem Stern summarized his staff report which recommended that the Council

adopt a City Policy substantially as follows that makes it clear to residents and those who have disputes with the City and its agencies that: The City of Rancho Palos Verdes depends on its residents to volunteer to provide the leadership roles that govern our City. The City regards the inclusion as defendants in lawsuits against the City of individual city council members, commission members, committee members, and similar resident volunteers who participate in the City’s decision making processes as a tactic that is designed to intimidate and chill the participation of the City’s residents in the democratic process, which is an infringement of rights that are protected by the constitutions of the United States and the State of California. As such, when determined by the City Council, on a case-by-case basis, to be consistent with existing law, the City will defend and indemnify city council members, commission members and committee members, and will vigorously use all legal tools, including Code of Civil Procedure § 425.16 (the "Anti-SLAPP" statute) to assert the rights of such individuals to participate in government without fear of intimidation from lawsuits filed as a result of decisions that they make on behalf of the City. The City shall seek to obtain the full relief afforded to it and the individuals, including the right to attorney’s fees under C.C.P. § 425.16(c).

Upon receipt by the City Clerk of any lawsuit naming an individual city council member, commissioner or committee member as a defendant, the City Clerk shall mail to the attorney for plaintiff (or to plaintiff if not represented by counsel) a copy of this policy, alerting such person to the policy of the City.

(At this time Councilwoman Ferraro left the meeting, the time being 12:00 midnight.)

Councilman Gardiner moved to adopt the proposed policy. The motion was seconded by Councilman Clark and carried 4-0-1(Councilwoman Ferraro having left the meeting).

South Bay Communities and Affiliates Energy Efficiency Program. (1101 x 1601)

City Manager Evans presented the August 6th staff report and the recommendation to consider authorizing a letter of participation in the South Bay Communities and Affiliates Energy Efficiency Program.

Mayor pro tem Stern moved to authorize a letter of participation in the South Bay Communities and Affiliates Energy Efficiency Program. The motion was seconded by Councilman Clark and carried 4-0-1 (Councilwoman Ferraro having left the meeting).

Approval of assistance to the School District and appointment of a City Council Liaison Committee. (1101 x 1401)

City Manager Evans presented the August 6th staff report and the recommendation to appoint two councilmembers to work with the Palos Verdes Peninsula Unified School District in support of their efforts to receive reimbursement from the State for costs associated with the impacts of Eastview students attending Peninsula schools.

Councilman Gardiner stated that fiscally the Palos Verdes School District should be ahead since ADA and other revenues contributed by Eastview students seemed to exceed the likely expenses associated with absorbing those students by as much as $700,000 to $900,000 a year. He further stated that we should not accept a characterization that has the Eastview students as a disproportionate burden on the PVPUSD budget but rather should recognize them as a net contributor. However, if there was a proper claim for funds or reimbursement based on legislation that would be something we should support . We should also support moving the Eastview residents into the PVPUSD jurisdiction without restrictions to allow those residents to vote in the Palos Verdes School District elections, not the Los Angeles Unified School District.

Councilman Clark stated that he felt reimbursement for start up costs of approximately $1 million at Dapplegray should be recouped.

Mayor pro tem Stern stated that he felt the Palos Verdes School District should be able to seek reimbursement if they should get reimbursement for state mandated legislation and that the staff liaison should be involved in obtaining financial figures showing the costs and revenue associated with the additional students that have been added to the school district.

Mayor McTaggart felt that we should support the Palos Verdes School Board.

Mayor McTaggart stated that Councilman Clark had volunteered to be a liaison to the school board.

Mayor pro tem Stern requested that Councilman Gardiner be the additional liaison to the school board because of his experience in this area.

Mayor McTaggart suggested that the liaison committee should be an adhoc committee for six months.

Don Shults, 2129 Velez Drive, representing Rolling Hills Riviera HOA, stated that he wished that the Eastview children would not be blamed for all of the financial problems of the Palos Verdes Peninsula Unified School District (PVPUSD). He stated that he felt the school board should dictate the boundaries as to who should go to the new high school. He asked that the liaison team remember the PVPUSD did not support the Eastview people when they needed help and that he is tired of the Eastview children being referred to as a problem.

Puente Hills Landfill Re-permitting process. (310 x 1402)

Mayor pro tem Stern moved to waive the reading of the staff report, seconded by Councilman Gardiner. Motion carried 4-0-1 (Councilwoman Ferraro having left the meeting.) Councilman Gardiner moved, seconded by Mayor Pro Tem Stern to adopt the recommendation that the Council authorize sending a letter to the Regional Planning Commission supporting the continued operation of the Puente Hills Landfill. Motion carried 4-0-1 (Councilwoman Ferraro having left the meeting).

Naming Of Forrestal Nature Preserve. (306 x 1201)

Mayor McTaggart presented his memorandum of August 6 and the recommendation to consider his proposal to name the Forrestal Nature Preserve in honor of Jennette Mucha.

Vic Quirarte, 29369 Quailwood, stated that the docents met and did not take a vote regarding this item because they did not know enough about this item to do so. He stated that the docents felt that the naming of parks, streets, or buildings for residents who have given of their time to the City might not be appropriate. He suggested that the City might remember residents who are worthy of honor with a plaque and perhaps a commemorative wall in honor of those who have served their city.

Lois Larue, 3136 Barkentine Road, stated that Jennette Mucha was very active in the community for years but that she felt the Forrestal Nature Preserve should not be named after Jennette Mucha because she did not have anything to do with the Forrestal property.

Councilman Gardiner stated that the generic question is, "How should the City recognize those who give so much of their time in service to the city?" He asked if there were a City procedure or policy regarding recognizing citizens who have served the City.

Mayor McTaggart stated that he felt the park should be named after Jennette Mucha because she was always working in the background on many projects in the City, including the landslide abatement.

Mayor pro tem Stern echoed Councilman Gardiner’s feelings and stated that the Council should concentrate more on a policy for commemorating those whom have served. He suggested that a commemorative wall be proposed.

McTaggart expressed his concern and surprise that the Council was hesitating in naming the Forrestal Nature Preserve after Jennette Mucha.

Councilman Gardiner suggested that this item be tabled for later consideration so that the Council can create a policy for this procedure.

Councilman Gardiner moved that this item be continued, seconded by Mayor pro tem Stern. Motion carried 4-0-1 (Councilwoman Ferraro having left the meeting.)

Mayor pro tem Stern stated that he would like staff to do some research as to how this is handled with other city, county, or state agencies.

Mayor McTaggart stated that he felt having a non-policy was a better way to go about it, but that he did not mind continuing the item to discuss at another time.

CITY ATTORNEY CLOSED SESSION REPORT:

City Attorney Lynch reported that no action was taken on the first item related to the Abrams matter. She stated that with respect to anticipated litigation regarding the Chandlers claim, the Council voted unanimously to approve a settlement agreement with Chandlers. She stated that with respect to the last item, the potential initiation of two lawsuits to compel foliage owners to remove foliage from their property to comply with City decisions, the Council voted unanimously to authorize her office to file the two cases.

City Attorney Lynch stated that her recollection was correct regarding Ordinance No. 380 (Purchasing) discussed earlier tonight that the ordinance states that the award of purchase contracts shall be at the discretion of the Council based on the best combination of price and quality.

ADJOURNMENT: The meeting adjourned at 12:42 a.m. on motion of Mayor McTaggart.

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MAYOR

ATTEST:

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CITY CLERK