APRIL 5, 2005 RANCHO PALOS VERDES CITY COUNCIL DRAFT MINUTES APRIL 5, 2005 RANCHO PALOS VERDES CITY COUNCIL DRAFT MINUTES

DRAFT

MINUTES

RANCHO PALOS VERDES CITY COUNCIL

APRIL 5, 2005

The meeting was called to order at 6:00 P.M. by Mayor Clark at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed to closed session. At 7:19 P.M., the meeting was reconvened for regular session.

Roll call was answered as follows:

PRESENT: Long, Wolowicz, Mayor Clark

ABSENT: Gardiner, Stern

Mayor Clark advised that both Council members Gardiner and Stern were out of town and not able to attend that evening’s meeting.

Also present were City Manager Les Evans; Assistant City Manager/City Clerk Carolynn Petru; City Attorney Carol Lynch; Director of Public Works Dean Allison; Director of Planning, Building and Code Enforcement Joel Rojas; Senior Planner Ara Mihranian; Associate Planner Dave Blumenthal; and Recording Secretary Denise Bothe.

FLAG SALUTE:

City Attorney Lynch led the flag salute.

MAYOR'S ANNOUNCEMENTS:

Mayor Clark advised the audience that he would not be presenting any "Did You Know Facts" that evening; and noted that pets and wildlife would be the subjects of the "Did You Know Facts" in May.

Mayor Clark advised the public that the City would be hosting a composting workshop at Hesse Park on Saturday, April 16, 2005, 9:00 A.M. to 11:00 A.M., in the Fireside Room; noting that composting and worm bins would be available for purchase at a discounted price; and urged those interested to take advantage of the City’s composting bin rebate program. He encouraged the community to recycle and help improve the environment; and mentioned that April was Earth Day Activities Month.

RECYCLE DRAWING:

Mayor Clark announced that Lawrence Lamb and Robin Figgins were the two recycler winners from the last Council meeting. He indicated that each of them would receive a check for $250, which represented a year of free refuse service; and he encouraged everyone to recycle.

APPROVAL OF AGENDA:

Mayor pro tem Wolowicz moved, seconded by Councilman Long, to approve the Agenda as submitted. Without objection, Mayor Clark so ordered.

PUBLIC COMMENTS:

Don Shultz, Rancho Palos Verdes, stated that he was present that evening representing a resident who was very concerned about illegal fireworks on the peninsula; noting the resident’s suggestion that the City hire an additional Sheriff’s Deputy to patrol for illegal fireworks activities in the community around the 4th of July; and requesting that the City distribute flyers warning residents of the dangers of fireworks on the peninsula and the prohibition of those fireworks.

City Manager Evans advised Council that staff had communicated with this resident on two occasions; and noted that staff would prepare a Council report prior to the 4th of July to discuss some options for Council to consider.

Mayor Clark suggested that prior to the 4th of July, he could devote a "Did You Know Facts" segment to fireworks safety, code requirements, etc.

Mayor pro tem Wolowicz suggested that an article be placed in the City’s quarterly newsletter.

CITY MANAGER REPORTS:

None.

OLD BUSINESS:

Assistant City Manager/City Clerk Petru advised that Old Business could be found on the City’s website at www.palosverdes.com/rpv.

NEW BUSINESS:

APPROVAL OF CONSENT CALENDAR:

Councilman Long asked that Agenda Item Nos. 4, Border Issues Status Report, and 11, Traffic Signal Controller, be pulled from the Consent Calendar.

Mayor pro tem Wolowicz asked that Agenda Item No. 10, Storm Drain Rehabilitation, be pulled from the Consent Calendar.

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.

Approval of the Minutes

Approved the Minutes of January 4, 2005.

Repair of the Tarapaca Storm Drain

Reviewed and reconfirmed by a four/fifths (4/5) vote the Council's previous action on December 21, 2004 to authorize staff to conduct an informal bid process to repair the Tarapaca Storm Drain.

Amendments to the Competitive Service and Management Personnel Rules

1) ADOPTED RESOLUTION NO. 2005-28, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING CITY OF RANCHO PALOS VERDES TO OBTAIN STATE SUMMARY CRIMINAL HISTORY INFORMATION FOR THE PURPOSE OF SCREENING EMPLOYEES, VOLUNTEERS, AND INDEPENDENT CONTRACTORS; 2) ADOPTED RESOLUTION NO. 2005-29, AMENDING RESOLUTION NO. 2004-45, THE BUDGET APPROPRIATION FOR FY 04-05, TO INCREASE THE PERSONNEL PROGRAM BUDGET FOR PROFESSIONAL AND TECHNICAL SERVICES; and, 3) ADOPTED RESOLUTION NO. 2005-30, AMENDING RESOLUTION NO. 2002-05 AND ADOPTING REVISIONS TO THE COMPETITIVE SERVICE EMPLOYEE PERSONNEL RULES.

Request for Qualifications (RFQ) for Fabrication and Installation Services for Interpretive Exhibits for the Point Vicente Interpretive Center Expansion

Authorized staff to advertise the Request for Qualifications (RFQ) to pre-qualify suppliers for the fabrication and installation of interpretive exhibits for the Point Vicente Interpretive Center Expansion, in accordance with Municipal Code Section 2.44.140.C.

Authorization for Council to Award a Contract for Roofing Replacement Project at City Hall and Ryan Park to Lavey Roofing Services, Inc.

Awarded a contract for the replacement of roofs at City Hall and Ryan Park to Lavey Roofing Services, Inc., for an amount not to exceed $115,500 and authorized staff to spend an additional $11,550 for potential change orders which may result from unforeseen conditions, for a total authorization of $127,050; 2) Authorized the Mayor and City Clerk to execute a contract with Lavey Roofing Services, Inc.; 3) Authorized the expenditure of up to $2,000 for inspection services with Charles Abbott Associates, Inc., under their on-call services contract; 4) Authorized the expenditure of up to $2,000 for containment services with Controlled Environmental Solutions (CES); and, 5) ADOPTED RESOLUTION NO. 2005-31, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2004-45, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2004-2005, FOR A BUDGET ADJUSTMENT TO THE CITY'S BUILDING REPLACEMENT FUND.

Receipt of Revenue from the Vehicle License Fee Gap Loan Receivable Sale

ADOPTED RESOLUTION NO. 2005-32, AMENDING RESOLUTION NO. 2004-45, APPROVING THE CITY'S BUDGET FOR FY04-05, TO INCREASE GENERAL FUND REVENUES IN THE AMOUNT OF $661,868.89 FROM THE SALE OF THE CITY'S FY03-04 VEHICLE LICENSE FEE GAP LOAN RECEIVABLE.

El Prado Lighting District Improvement

1) ADOPTED RESOLUTION NO. 2005-33, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2004-45, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2004-2005, FOR A BUDGET ADJUSTMENT TO THE CITY'S EL PRADO LIGHTING DISTRICT FUND; and, 2) Authorized an expenditure of $9,200 for the repair of existing street light at the entrance to the El Prado neighborhood (El Prado Lighting District)

Community Development Block Grant (CDBG) Three-Year Cooperation Agreement

1) Authorized the City of Rancho Palos Verdes to continue its participation in the Community Development Block Grant (CDBG) Program for Federal Fiscal Years 2006-2008; 2) ADOPTED RESOLUTION NO. 2005-34, APPROVING AND AUTHORIZING AN AGREEMENT BY AND BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE COUNTY OF LOS ANGELES TO PARTICIPATE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, HOME INVESTMENT PARTNERSHIPS PROGRAM; and, 3) Authorized the Mayor and City Clerk to execute the proposed Agreement with the County of Los Angeles Community Development Commission (CDC).

February 2005 Treasurer's Report

Received and filed the February 2005 Treasurer's Report for the City of Rancho Palos Verdes.

Register of Demands

ADOPTED RESOL. NO. 2005-35, 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.

Mayor pro tem Wolowicz moved, seconded by Councilman Long, to approve the Consent Calendar as amended. The motion carried as follows:

AYES: Long, Wolowicz, Mayor Clark

NOES: None

ABSTAIN: None

ABSENT: Gardiner, Stern

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

Items Removed form the Consent Calendar:

Border Issues Status Report

The staff report of April 5, 2005 recommended that Council review the current status of border issues and provide staff with direction, as appropriate.

Director Rojas clarified for Councilman Long that the first full paragraph on Circle Page 3, last sentence, should state, "…to establish a maximum lot coverage…"

Councilman Long referring to Circle Page 4, the second paragraph, questioned whether a different set of hours could be selected for the water company and other utilities to perform work on the section of Palos Verdes Drive North between Crenshaw Boulevard and Palos Verdes Drive East in the City of Rolling Hills Estates so as not to have such an impact on traffic flow.

Director Rojas advised Council that the Initial Study for the project would include a discussion of the traffic issues associated with those activities; noting that the stated hours were most likely proposed by the utility company; and advised that staff would relay this concern at the appropriate time.

Councilman Long moved, seconded by Mayor pro tem Wolowicz, to approve staff recommendation. Without objection, Mayor Clark so ordered.

Storm Drain Rehabilitation

The staff report of April 5, 2005, recommended that Council 1) Approve the Plans and Specifications for the construction of the Storm Drain Rehabilitation Project for eleven storm drains; 2) Award a construction contract to Sancon Technologies, Inc., in the amount of $332,960 for the Rancho Palos Verdes Storm Drain Rehabilitation Project; award a contract to Charles Abbott and Associates, Inc., for construction inspection services in an amount not to exceed $35,000, and authorize staff to spend up to $67,000 for possible extra work; thereby approving a $434,960 construction budget; 3) Authorize the Mayor and City Clerk to execute a construction contract with Sancon Technologies, Inc., and execute a contract for construction services with Charles Abbott and Associates.

Mayor pro tem Wolowicz reminded the residents of the huge expense associated with storm drain rehabilitation; and questioned staff if this project was already included in the budget or was an addition to it.

Director Allison advised that the project was part of the current budget for storm drain lining.

Alfred Sattler, Rancho Palos Verdes, commended Council for moving forward on storm drain issues; and reminded those in the audience that it was much more expensive to be reactive than proactive in addressing infrastructure issues.

Councilman Long moved, seconded by Mayor pro tem Wolowicz, to approve the staff recommendation. Motion carried as follows:

AYES: Long, Wolowicz, Mayor Clark

NOES: None

ABSTAIN: None

ABSENT: Gardiner, Stern

Traffic Signal Controller

The staff report of April 5, 2005, recommended that Council 1) Authorize the expenditure of up to $19,000.00 to Republic Electric for a new traffic signal controller; and, 2) ADOPT RESOLUTION NO. 2005-36, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2004-05, THE BUDGET APPROPRIATION FOR FY 04-05, FOR A BUDGET ADJUSTMENT TO THE CITY'S TRAFFIC SAFETY PROGRAM WITHIN THE GENERAL FUND.

Director Allison noted for Councilman Long that the City anticipated that the funds to repair the traffic signal at the intersection of Palos Verdes Drive West and Hawthorne Boulevard that was damage in a traffic collision would be reimbursed by the errant driver’s insurance carrier; and stated that the City already had a basis for that assumption.

Councilman Long moved, seconded by Mayor pro tem Wolowicz, to approve staff recommendation. Motion carried as follows:

AYES: Long, Wolowicz, Mayor Clark

NOES: None

ABSTAIN: None

ABSENT: Gardiner, Stern

PUBLIC HEARINGS:

Appeal of the Planning Commission's denial of a Height Variation (Case No. ZON2004-00087), for property located at 28129 Ella Road (Continued from March 1, 2005) [Applicant: Stan Anderson, AEG Architecture, Property Owner: Jaime Anvaripour, Appellant: David Moss, Moss & Associates, on behalf of Jaime Anvaripour]

Director Rojas noted that the appellant had requested a continuance of this item and that staff was recommending that the matter be continued to the June 21st Council meeting.

Mayor pro tem Wolowicz asked that Council be advised as soon as possible when an item was going to be continued, pointing out that early knowledge of a continuance could save Council members from making unnecessary site visits.

Director Rojas mentioned that a formal request for continuance was not received until the afternoon of the prior day.

Assistant City Manager/City Clerk Petru advised that there were no requests from the audience to address this item.

Councilman Long moved, seconded by Mayor pro tem Wolowicz, to continue this matter to June 21, 2005. Without objection, Mayor Clark so ordered.

CITY COUNCIL ORAL REPORTS:

Councilman Long advised that he attended the Palos Verdes Peninsula Land Conservancy’s Capitol Campaign Kickoff and he thanked RPV Planning Commissioner Jack Karp, Rolling Hills Estates Council member Steve Zuckerman, and Palos Verdes Land Conservancy President Bill Ailor for helping him down the hill, noting his recent knee surgery. He advised that Mr. Lowe contacted him the day before, reminding him about the presentation that evening regarding the Long Point project.

Mayor pro tem Wolowicz highlighted the following events/meetings he attended:

Mayor Clark highlighted the following events/meetings he attended:

Mayor pro tem Wolowicz commended Councilman Stern for the clear explanation he provided on the episode of RPV CityTalk that was currently airing on cable television relating to the Supreme Court process; and commended the program’s host, Gabriella Holt, on the questions she put forth to Councilman Stern on this matter. He underscored the City Council’s role in supporting this activity and the need to protect the City; and he thanked all involved for their efforts.

Mayor Clark thanked both the Peninsula News and the Daily Breeze for accurately covering the Supreme Court case and its results.

REGULAR NEW BUSINESS:

Long Point Resort Project (Conditional Use Permit No. 215, et. al.)

Because some changes had been proposed to the Long Point project, Mayor Clark recommended that Lowe Enterprises provide an update on the plans for the resort hotel project.

Senior Planner Mihranian briefly presented the staff report and the recommendation to receive a project status update and visual presentation on the Long Point Resort Hotel project from the project applicant.

Bob Lowe, President of Lowe Enterprises, advised Council that the project team had been focused on several things, most importantly completing the financing and closing the purchase of the property – pointing out that they had officially acquired title to this site and completed the financing, subject to the completion of certain conditions. He noted that associated with this would be the approvals of the Coastal Commission for the additional privately owned investor units in the hotel that Council approved several months earlier; advised they had substantially completed more detailed plans; and noted that the plans provided everything that was called for in the approved Master Plan, noting that they had made some significant improvements to the project. He advised Council that the footprint of the hotel had been slightly reduced in size and moved a small distance away from the coastal bluff; that they had separated the fine dining restaurant from the main hotel building, which improved accessibility and views, making it more pleasant and accessible for customers who were not staying at the hotel; that they had relocated the spa to a more spectacular ocean view site; and that they had improved the view corridor through the villa site. He pointed out that they were considering - but not asking for any immediate reaction from Council - some change in the use of the golf course; and that they were continuing to work with staff and the consultants on this issue.

Rob Lowe, Jr., Lowe Enterprises, advised Council that the company had opened an office on the Long Point site the day before and that 8 people were currently working in the new office. He highlighted the following anticipated schedule: begin demolition on August 10, 2005; begin site grading on September 15, 2005, allowing them to start actual building sometime around the new year and then allow a grand opening around the end-of-year holiday season two years later, at the end of 2007 or the beginning of 2008. He advised Council that there were a number of hearings before Council that had been tentatively scheduled, including a substantial conformance review hearing on April 19, 2005; a hearing on the water quality management plan on July 5, 2005; a hearing on the final parcel map and the demolition plan on July 19, 2005; and a hearing on the grading and landscaping plans on August 5, 2005. He indicated that they expect to obtain their Coastal Commission approvals around July or August 2005.

Highlighting this ambitious proposed schedule, Mayor Clark questioned if the team believed the timeline was obtainable.

Mr. Lowe, Jr., expressed his belief that the schedule could be maintained as long as they received the cooperation of everyone involved in this process. He introduced the new project manager, Keith Lamparter, and highlighted his experience and background.

Mr. Keith Lamparter, Lowe Enterprises development manager, noted his appreciation of staff’s assistance thus far; and stated that the new office address was 6610 Palos Verdes Drive South, Suite A. He noted that Mr. Todd Majcher would also be working with him on this project, and he highlighted Mr. Majcher’s experience and background in landscape architecture.

With the aid of slides, Mr. Lamparter provided an updated overview of the project; advised that there were over 225 conditions of approval for the project, with almost an equal number of mitigation measures; and he highlighted the project design of the 2003 approved plan and the update of its design, incorporating all the conditions and requirements for the project to date. He noted that they were required to redesign the villas, the golf clubhouse and the casitas to comply with the view corridor elements with the City’s Coastal Specific Plan; required to redesign the golf practice facility to the satisfaction of the City’s Planning Director, incorporating all the golf safety facility requirements; required to incorporate all the provisions of the Environmental Impact Report for storm water management; required to eliminate the putting course; required to demonstrate storm water conveyance through the project site; required to incorporate all the requirements of the other municipal authorities and jurisdictions, primarily the Fire Department; and required to provide final engineering of all paths, roads, and trails.

Mr. Lamparter stated that the first thing they would be doing was recycling as much of the existing construction materials on site as possible instead of hauling it offsite; advised Council that asphalt/concrete crushing activities were planned to take place on site and were expected to be re-incorporated into the building process. He noted that Mr. Majcher had been working on plans to box up specimen trees and shrubs on site and that he had also been working with the Land Conversancy representatives on buying native plant materials to use in landscaping the property. In building this project, Mr. Lamparter noted that they would start with public access and parking facilities; advised that the main entry/drive would remain in the same location as was first proposed, as would all the trails and public access ways. He commented on their attempts to break up the large mass of public parking spaces at the front entry to the hotel by adding more landscape buffers within these areas. He advised that the Fire Department had required that some of the access roads be lengthened, taking them all the way down to the bluff area for emergency access purposes. Mr. Lamparter stated that their next step was to overlay all the public parks and amenities, making improvements to the Point Vicente Fisherman’s Access, including the public restrooms, viewing points, ADA access ramps, and access down to the beach. He added that they had engaged a team of biologists to survey the site and were working on a habitat enhancement plan. With respect to water management issues, Mr. Lamparter commented on the plans to restore, repair and/or reroute the storm drains coming through the site and over the cliff; and noted that some of this water would be treated in order to enhance the new wetlands area.

Mr. Lamparter described the hotel, which included a total of 360 guest rooms, a 60,000-square-foot ballroom/meeting/and special functions space, and approximately 20,000 square feet of restaurant and dining spaces. He indicated that they had been working on creating better access to the ballroom areas, improving drop-off areas; making the building a little sleeker from the old plan by pulling the building back approximately 125 feet from the bluff top and relocating one of the restaurants, which allowed every guest room to have a direct ocean view, which was not possible with the previous design. He noted that the restaurant spaces would not change in size, but that the access had been improved to allow customers to access the restaurants without having to walk through the hotel and that the ocean views would be greatly enhanced for diners.

Mr. Lamparter stated there are five bungalow buildings, 20 units just over 1,500 square feet each, which have been maintained from the original plans; and noted that these incorporate a master bedroom connected to a living room and small kitchen. He advised that the 20,000-square-foot spa has remained the same size as was previously approved, but that they have modified it into a two-story building where one enters on the middle level, that the building sits into a natural bowl-shaped depression on the site, which was created when the site was used as an amusement park. He noted that public trails would be located throughout the project site. Mr. Lamparter noted that there were 50 for-sale casitas, which would be developed as stacked fourplex buildings, all identical with 2,000 square feet each; noted that there would be three keys per unit; and advised that the Fire Department recommended bringing an access road down through the complex of buildings for fire fighting purposes, as well as providing access from the parking lot. He noted that the project site was approved for 32 villa units, all single-keyed units; that they had been designed as triplex units; mentioning that no building could be higher than the roadway on Palos Verdes Drive South; and advised that they had arranged the buildings in order to obtain view corridors through the site, expressing his belief that the architecture was now more interesting than the original design and that it allowed a greater opportunity for people traveling by on the roadway and people staying on site to enjoy the views over the site.

Mr. Lamparter stated that he envisioned the resort would have a world-class golf academy, with 10 golf holes, each hole having 3 tee locations, a putting and chipping facility and golf clubhouse; and advised that the golf course would occupy the exact same acreage as the 2003 approved plans.

Mayor Clark asked for additional input on the issue view impairment for the public traveling on Palos Verdes Drive South.

Mr. Lamparter explained for Mayor Clark that even after the villas were in place, there would be no view obstruction from Palos Verdes Drive South because the buildings would be sited in such a manner and the height of vegetation would be controlled in order to maintain the view corridors. He added that none of the buildings proposed on the site would have a roofline that was higher than the roadway; and mentioned that the views will be enhanced as a result of this project, restoring ocean views that were presently obstructed.

Mr. Lamparter concluded his presentation by stating that all of the basic components of the project were unchanged from the City’s original approvals in terms of use, characteristics, number of units, and square footage. He indicated that they had all of the conceptual information, incorporated any additional requirements and taken the project to the next engineering level. He then walked through the key components of the project, as a visitor would experience them entering the property from the main entry off of Palos Verdes Drive South:

Mayor pro tem Wolowicz asked for clarification on the number of guest units.

Mr. Lamparter stated there were 360 hotel rooms, which was unchanged from the original plans; that there were 20 bungalow units, but explained that each unit would have two keys, giving a total key count of 400.

Mayor pro tem Wolowicz asked for further clarification regarding the asphalt grinding activities.

Mr. Lamparter explained that it was their intent to perform the grinding activities in small increments, creating less of an impact/nuisance in the area; and noted his expectation that these activities will require 3 months to complete.

Mayor pro tem Wolowicz cautioned the applicant to be aware of past concerns with dust and noise associated with grinding activities in the community; and stated that given the applicant’s explanation of this short-term activity, he believed it would be manageable.

Mayor Clark thanked the developer for an excellent presentation.

Bob Filep, Rancho Palos Verdes, noted his delight that this project was finally under way; and he questioned whether there could be the potential for nonprofit organizations on the peninsula to have an opportunity to have set aside for nonprofit use some of the villas, casitas, and/or bungalows. He commented on the potential to link this development with the community, highlighting the concept of a senior center and affordable senior housing.

Barbara Sattler, Rancho Palos Verdes, noted some concern with the Fire Department’s recommendation that emergency access be provided all the way to the bluff area and questioned how close this road would come to the habitat preserve area and the buffer that would be adjacent to the habitat reserve area.

Mr. Lamparter explained that the only vehicular use of the roadway would be by the Fire Department, but that hikers would be able to access this roadway. He advised that it wouldn’t look like a typical fire lane; and stated it was entirely outside the limits of the enhancement/habitat area.

Ms. Sattler asked for further clarification on the new spa location.

Mr. Lamparter advised that the spa building would be located outside of the coastal habitat area and that changing the design to a split-level had reduced the size of the building footprint.

Senior Planner Mihranian noted that the proposed changes to the project would be brought back to the City Council for formal action at a later date.

Mr. Lowe, Sr., reiterated his expectation that the grand opening will take place at the end of 2007 or beginning of 2008.

Mayor Clark noted his appreciation for this evening’s presentation and congratulated Lowe Enterprises on officially acquiring this property and obtaining financing. On behalf of Council and the City, he presented the Lowe’s team members with RPV City pins.

Port Pollution Reduction Senate Bills 764, 763, 762, 761 and 760

City Manager Evans summarized Senator Alan Lowenthal’s port pollution reduction package of legislative bills; and advised that these bills are designed to address pollution and traffic being generated by port activities.

Mayor Clark stated that not only were port activities impacting San Pedro, Harbor City, and Lomita, but were also impacting residents on the Palos Verdes Peninsula; and noted that this was the reason he had asked that this item be placed on the agenda for discussion and Council support. He added that Councilman Gardiner had been involved in briefings associated with some of the port pollution issues and that he was supportive of these initiatives as well.

Mayor pro tem Wolowicz thanked staff for providing answers to his questions on this item prior to this evening’s meeting. He highlighted some of the responses to his questions as follows: according to Senator Lowenthal’s staff, the governor’s veto message of the previous AB 2042 stated that it did not provide any resources or means to accomplish the goal of no net increase in pollution; therefore, Senator Lowenthal created this package of bills to provide the resources and incentives to accomplish the original goal. He added that the governor had directed the California EPA to improve the air quality around the ports; and that Senator Lowenthal introduced AB 764 to ensure that the California EPA will follow up on the governor’s direction. With regard to the question of being burdensome to businesses, he stated Senator Lowenthal’s staff indicated there were no issues identified to date; advised that Senator Lowenthal was sensitive to the economic issues surrounding the port; and that he believed the measures would create an overall net benefit for the businesses and port operations. He added that Senator Lowenthal’s staff believes it was too early in the legislative process to determine whether the proposed bills would create problems for port operations and businesses; and advised that the ports and businesses had not formally commented on these bills. With regard to whether any alternative bills had been proposed that will accomplish the same objectives and were acceptable to the governor, he advised that to date no other alternative legislative bills have been proposed; and added that Senator Lowenthal had made this issue one of his key priorities.

Al Sattler, Rancho Palos Verdes, thanked Council and staff for putting this item on the agenda; and urged support of this package. He advised that he lived in the Eastview area and that he and his neighbors were suffering from the port activities, such as health impacts and traffic impacts; and expressed his belief this was a good first step in controlling these effects. He added that AB 760 addressed funding for increased security at the ports, citing newspaper articles which stated that the Federal government had not provided as much money for security as was needed; and noted his support that a fee be charged per container to help mitigate these impacts.

Barbara Sattler, Rancho Palos Verdes, echoed Mr. Sattler’s comments; and expressed her belief that it was only fair to require multinational businesses which used these ports to help mitigate these problems. She urged the Council to support this legislative package.

Sue Castillo, San Pedro, addressed her concerns with the health impacts associated with port activities, including diesel trucks traveling to and from the ports; and she commented on the increased cancer risk to those living in the areas surrounding the ports.

Mayor Clark stated that it was not his intent to disrupt economic vitality in terms of imports into the state; but added that while the governor was supporting the importation of goods to help build economic strength in the state, consideration must also be given to maintaining a good quality of life for those living near the ports. He complimented Senator Lowenthal for his efforts.

Mayor Clark moved, seconded by Councilman Long, to support the proposed bills. Without objection, Mayor Clark so ordered.

Councilman Long commented on the strength in supporting legislation when there were large numbers of people who get involved.

Mayor's Campaign against Cancer

City Manager Evans stated that Long Beach Mayor Beverly O’Neil was heading a Mayor’s campaign against cancer and had asked the Mayors from all cities to join in this effort. He indicated that the City staff was participating in various fund-raising programs, such as the upcoming Relay for Life event in July. He recommended that City Council approve a PSA to be shown on the City’s cable channel advertising the Mayor’s Campaign against Cancer and the Relay for Life event. He added that the City was not collecting money for the Mayor’s Campaign against Cancer, only promoting this important cause.

Councilman Long moved, seconded by Mayor pro tem Wolowicz, to support staff recommendation. Without objection, Mayor Clark so ordered.

Mayor Clark commented on the importance of supporting this cause, noting that most people in this community had been deeply affected by losing loved ones to cancer, adding that he lost his mother to cancer.

CLOSED SESSION REPORT:

City Attorney Lynch advised that Council unanimously approved a settlement agreement with Mr. and Mrs. Chiles, 3-0 (Gardiner and Stern absent); that Council gave further direction to the real property negotiators for the purchase of an open space lot; and that Council was given a status report on the litigation concerning the Water Quality Control Board.

ADJOURNMENT:

At 8:46 P.M. the meeting was adjourned to 9:00 A.M. on Saturday, April 16, 2005, at Fred Hesse Community Park for a Community Leaders' Breakfast.

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Attest: Mayor

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City Clerk