City Council Minutes 11/19/2002 RPV, City, Council, Minutes, 2002, Meeting RPV City Council Minutes for the 11/19/2002 Meeting MAYOR MCTAGGART: all right

MINUTES

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

NOVEMBER 19, 2002

The meeting was called to order at 6:00 p.m. by Mayor McTaggart at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed to a closed session per the Brown Act Checklist. At 7:10 p.m., the meeting was reconvened.

Roll call was answered as follows:

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

ABSENT: None

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

Public Works Dean Allison led the Pledge of Allegiance.

RECYCLE DRAWING:

The winner for the recycle drawing was Marine Wishner of Rancho Palos Verdes.

Mayor McTaggart announced that Waste Management of Los Angeles as well as other entities are in negotiations with the Teamsters Union. He reported that although these talks are in progress, there would be a continuation of service. He stated that information on the progress of the negotiations can be accessed through the Cityís website in the Breaking News section and also the local newspapers.

APPROVAL OF AGENDA

Councilwoman Ferraro moved, seconded by Councilman Clark, to approve the agenda as submitted. Mayor pro tem Stern requested to move Item No. 14 to immediately after the Consent Calendar. Mayor McTaggart indicated that there might be speakers that anticipated that item to be discussed later in the evening, and may wish to speak to that topic.

With the permission of the maker, Councilman Clark moved to amend the motion to insert Item No. 14 after the Public Hearings. Motion carried.

APPROVAL OF CONSENT CALENDAR

Councilman Gardiner moved, seconded by Councilwoman Ferraro to approve the Consent Calendar as follows:

Motion to Waive Full Reading

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

Minutes. (301)

Approved the Minutes of September 17th and October 1st as amended.

Claim Against The City By Wayne Richter. (303)

Rejected the claim and directed staff to notify the claimant.

Ordinance No. 383 - Revisions To Chapter 15.20 (Moratorium On Land Use Permits). (1801 x 1103)

ADOPTED ORDINANCE NO. 383, ADOPTING REVISIONS TO CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS) OF THE MUNICIPAL CODE. (This ordinance was introduced at the November 5th meeting.)

Ordinance No. 384 Amending Regulations Applicable To The Issuance of

Business Permits and the Regulation of Massage Establishments and Massage Technicians. (1103 x 202)

Adopted Ordinance No. 384 - AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING TITLE 5 OF The RANCHO PALOS VERDES MUNICIPAL CODE BY AMENDING REGULATIONS GOVERNING MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS. (This ordinance was Introduced at the November 5th meeting.)

Resol. No. 2002-95: Register of Demands.

ADOPTED RESOLUTION NO. 2002-95, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.

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

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

NOES: None

# # # # # #

PUBLIC HEARINGS:

Resol. No. 2002-96: Establishment Of Massage Technician Examination Fee And Massage Facility Inspection Fee. (1103 x 202)

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

Councilman Gardner moved for staff recommendation to ADOPT RESOLUTION NO. 2002-96 AUTHORIZING THE ESTABLISHMENT OF FEES TO OFFSET THE CITYíS COSTS TO PROCESS BUSINESS PERMITS FOR ESTABLISHMENTS OFFERING MASSAGE SERVICES AND FOR MASSAGE TECHNICIANS. The motion was seconded by Councilwoman Ferraro and carried.

City Manager Les Evans indicated a slight change to the resolution noted by the City Council, which was contained in the handout.

The motion carried on the following roll call vote:

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

NOES: None

Appeal of the Planning Commissionís Denial of Planning Case No. ZON2002-00282. (1804)

Senior Planner Kit Fox presented the staff report of November 19th which detailed the results from the August 13, 2002 meeting of the Planning Commission. He discussed the consideration of the developerís request for revision to the Oceanfront project development standards to allow the excavation of material from four residential lots.

He stated that the revision of the four lots in question would change them from split-level homes into two-story homes. The change would entail removing 14,000 cubic yards of material from the rear of the lots allowing conversion of the lots into pads. He indicated that the developer proposed spreading this material on adjacent City-owned open space area, Lot 80.

Mr. Fox related that the developer indicated that the maximum ridgelines would be lower than the originally approved plans.

Mr. Fox quoted the 1992 EIR as stating that all grading shall be balanced on site. He indicated that the EIR did not allow for import or export of grading material. He stated that the initial grading of the Oceanfront community did not encompass exportation of material from the site. He noted that during the excavation of individual homes, there were excess spoils from grading foundations and swimming pools. He indicated that those materials were stockpiled upon Lot 80, instead of removing them offsite.

Mr. Fox utilized a Power Point presentation to illustrate to the Council the proposed changes to the four lots in question. The presentation contained cross-section views as well as north and west views of both the prior approved homes and the proposed changed homes.

Mr. Fox reiterated the issues as being one of exporting material from the site as well as the type of house that is being proposed, as compared to the approved plan. He stated that the Planning Commission believed that the changes would result in increased bulk and mass of the homes, which is inconsistent with the original approval for the Oceanfront project.

Mayor McTaggart questioned the integrity of the argument against changing the plans.

Mayor pro tem Stern responded that Staff opined that bulk and mass would be the concern.

Councilman Gardiner added that the cross-section diagram was taken from a point of view across the street rather than from the same side of Palos Verdes Drive West, thus indicating that the bulk does not appear as great as it may actually be.

Mayor pro tem Stern indicated that it would be helpful to get the perspective from the west side of the street with photographic simulations.

Councilwoman Ferraro inquired into what the best use of the exported dirt would be.

Mr. Fox indicated that the developer has an obligation to re-vegetate Lot 80. The concern he indicated was that adding more material to Lot 80 would result in a delay of that re-vegetation.

Councilman Gardiner questioned the importance of having five changes to the project that have been considered over the past five years, summarizing that they have equaled approximately one per year. He suggested that perhaps the developer was slowly changing the intent of the original approvals.

Councilman Gardiner requested clarification of items within Circle Pages 24 and 25 that indicate no effort to achieve the original plans by placing them on the existing footprint.

Mayor pro tem Stern requested simulations from the west side of Palos Verdes Drive West as well as a picture of what the proposed houses will look like.

Mayor McTaggart pointed out that all of the previous revisions were not just to the houses.

Tim Hamilton, Vice President, Capital Pacific Homes, 4100 MacArthur Boulevard, Newport Beach, began by addressing the configuration of the land. He indicated that currently, the plans reflect that when one walks into the house, one has to make a 180-degree turn to appreciate the view. He stated that endless studies were done to improve upon the flaw, to no avail.

Mr. Hamilton stated that the only way to accomplish a better use of the land, as well as provide a better visual, is to remove the existing dirt that serves as a first story to the rear of the houses. He indicated that this change would allow a two-story home to be built.

He explained that they are seeking permission to remove this dirt. He also recommended approving the new plan as it will enable them to build lower into the ground, thus reducing the ridgeline of the house by six inches to one foot. He noted that the developer had spent $10,000 to design this new plan.

Mr. Hamilton stated that the proposed homes were reduced in size from 6,600 square feet to 5,100 square feet, with options such as a bonus room, home office or home gymnasium, which could add another 1,000 square feet.

Mr. Hamilton went on to describe that the shape of the house had changed from a square block to being U-shaped, with an interior courtyard. He indicated that once landscaping was in place, the first story would be concealed by plants and trees. He acknowledged view disruption as the major concern.

Mr. Hamilton agreed with Mr. Fox that moving the dirt as soon as possible would be beneficial both to the City as well as to the developer. He suggested first depositing it in the area of Lot 80 that has not been vegetated. He referred to an area that has been fenced off per Fish & Game requirements.

Councilwoman Ferraro inquired into the timing of the re-vegetation of the natural habitat.

Mr. Hamilton responded that the San Ramon project has created delays. He envisioned a five-year program where the vegetation is introduced and well maintained.

Councilman Clark inquired into the size of the lots. Mr. Hamilton responded that each lot is half-acre, with a minimum setback between buildings of 35 feet.

Mayor pro tem Stern asserted that pictures taken on the west side of Palos Verdes Drive West would be beneficial as it is difficult to ascertain views from the east side of the street. He then questioned why a step-up lot was previously acceptable, but is now no longer desirable.

Mayor McTaggart explained that people simply would not buy them because of the awkward design. Mr. Hamilton added that the secondary bedrooms are downstairs, thus rendering the design quite unusual. He stated that there are very few people who could actually afford to live in that area, so that the demographic market is greatly inhibitive.

Councilwoman Ferraro indicated that her house is similar in design and that she understands the desire to change the plans.

Mayor pro tem Stern referred to a comment by Councilman Clark that the overall footprint appears larger than the original approved plans. He suggested that a second story on a larger footprint would render it bulky and massive.

Mr. Hamilton explained that the first floor of the structure would be built ten feet lower than currently approved. He also stated that the second story cannot be larger than 80 percent of the first story.

Councilman Gardiner referred to Circle Page 21, where, in essence, the text indicates that the philosophy for approving the original plans was that they would appear to be one-story from the roadway.

Councilman Clark opined that the original plans are what were approved at the time; however, in hindsight, they were not practicable and marketable. He stated that the developer has gone back and restructured the design to mitigate bulk and mass. He also commented on the efforts of the developer to understand the sensitivities of the neighborhood and residents.

Mayor pro tem Stern stated that the courtyard configuration causes the buildings to appear wider, although he admitted that the simulations were vague in this respect.

Mayor McTaggart commented that after listening to the foregoing discussion, he endeavored to point out that the upstairs could be no larger than 80 percent of the downstairs.

Lorraine OíGrady, 71 Via Del Cielo, Rancho Palos Verdes, stated that she was in support of the project. She commented that Mr. Hamilton and his firm were very much concerned with the RPV issues and with being good neighbors. She spoke in favor of the new floor plan. She opined that the development currently looks uniform by design and that an alteration would be welcome.

Mayor McTaggart commented that this was the first time a developer presented a plan that excluded landscaping. He said that developers commonly attempt to hide certain aspects of a project with landscaping, and he complimented Mr. Hamilton on not including any landscaping at all.

Mayor pro tem Stern indicated that he would like to see landscaping on the simulation so as to get a more realistic sense of what the property would look like.

Mayor pro tem Stern moved to continue the discussion until the developer can provide more specific drawings of what ultimately the property will look like once completed. Councilman Gardiner seconded.

Mr. Hamilton stated that additional work would cost $10,000, and take three more months and a lot more work.

Councilwoman Ferraro disagreed with the need for more articulation.

She stated that there was no opposition by the residents. She opined that a smaller home could not possibly take up more view.

Mayor pro tem Stern suggested that the simulations do not demonstrate the crucial issue to him, that being the effect of a two-story home on the residentsí view.

The motion failed on the following roll call vote:

AYES: Stern, Gardiner

NOES: Ferraro, Clark and Mayor McTaggart

Councilwoman Ferraro proposed a new motion to overturn the appeal to approve the new plans, but with additional landscaping shown and that an environmental review be conducted as regards the export of the dirt.

City Attorney Lynch stated that such a review is not necessary should the dirt remain onsite.

Mayor pro tem Stern inquired of City Attorney Lynch what potential issues would the Planning Commission face should the proposal be sent back to them.

City Attorney Lynch stated that should the Council have concern over the layout of the structures and the issue of simulations, that staff would explore those issues.

Mayor pro tem Stern moved to amend the motion that the issue return to the Planning Commission for those purposes. Mayor McTaggart seconded the motion.

City Attorney Lynch clarified by proposing a resolution that would memorialize a decision on the Councilís part. She added that Staff would need to review each of the conditions of approval and make certain that the Councilís actions are consistent.

Councilman Clark stated that if he didnít think this solution would work, he wouldnít have been in support of it. Councilwoman Ferraro agreed.

Mayor pro tem Stern withdrew his amended motion.

Mayor McTaggart seconded Councilwoman Ferraroís motion to overturn the appeal to approve the new plans, but with additional landscaping shown and that an environmental review be conducted as regards the export of the dirt.

Councilman Gardiner spoke against the motion and pointed out that the goal of the city was open space and rural/semi rural; that the original plans approved were a totality. To go back and piecemeal an exception overturned the basis on which the plans were originally approved in total. If Council did this they would not be advancing the goal of open space, rural and semi rural.

The motion failed on the following roll call vote:

AYES: Ferraro, McTaggart

NOES: Stern, Gardiner, and Clark

Mr. Hamilton requested that the Council grant him leave to prepare further simulations to appease the Councilís concern, rather than deny the appeal.

City Manager Les Evans recommended on behalf of the staff to work together with Mr. Hamilton on the elevation issue.

Mr. Hamilton also offered to include landscaping to provide more of a real-life perspective to the Council.

Mayor pro tem Stern requested that he provide the simulation with and without landscaping.

Mayor pro tem Stern renewed his motion to continue this issue to allow the developer to prepare new simulations and work with staff; and that the matter be brought back to the January 21, 2003 meeting. Councilman Gardiner seconded. The motion carried on a 4-1 vote with Councilwoman Ferraro speaking in opposition to the motion.

Recess and Reconvene: At 8:30 P.M. Mayor McTaggart declared a recess. The meeting reconvened at 8:45 P.M.

COUNCIL REPORTS

Councilman Clark reported on the Ocean Trails progress meeting. He stated that rains had caused a one-week delay; that the workmen had to pump water and silt down to the bottom of the hole; however, there no catastrophic event occurred.

Councilman Clark commented that delays are being caused associated with water on Palos Verdes Drive South. He asked Dean Allison to report.

Director of Public Works Dean Allison discussed the meeting with Ocean Trails. He indicated that much utility work has been accomplished at the intersections of Palos Verdes Drive South and Palos Verdes Drive East in advance of roadwork.

He reported that the water line from Palos Verdes Drive East that feeds the golf course has to be relocated. He reported an agreement that Ocean Trails will pay California Water to construct those improvements.

Mr. Allison stated that material acquisition is the purpose for the delay. He indicated that since California Water has just been paid, it would take 4 to 6 weeks to acquire the material for the project. Mr. Allison stated that Don Jensen informed him that the second week of December is the target date to begin this work, and it is about a 2 to 3-week process.

Mr. Allison stated that there would be traffic delays. He commented that staff would put together a detour route with schedules and present it to the Council.

Councilman Clark stated that starting Thursday, Palos Verdes Drive South would experience demolition, although the beginning of the project will occur on the San Pedro border so the impact is not as great

Councilman Clark addressed the affordable housing units. He stated that the framing and the walls are built, the roof is laid out and insulation is expected as well as roofing next week.

Mayor pro tem Stern reported that on November 7, he attended the monthly League of California Cities meeting. He stated that the speaker was the Mayor of Riverside who also is the Vice President of the League of California Cities.

Mayor pro tem Stern announced that he attended the Community Leaders breakfast with Mr. Donald Trump.

Mayor pro tem Stern reported on a meeting with City Manager Les Evans, Robert Lowe, Sr., and Mike Mohler on the Long Point project to discuss to appeal to the Coastal Commission.

Councilwoman Ferraro indicated that she will reserve her report until the next meeting as there is a meeting scheduled in the near future for the PV Transit.

Councilman Gardiner reported on the media subcommittee. He indicated that the first taping went well and that the second meeting was met with some adventures. He discussed that there will be refinements that will be recommended to the Council. He indicated the second taping is under way, and that is the Trump interview.

Mayor McTaggart announced that for all those in the 310 area code, Congresswoman Jane Harmon and CPUC President Roberta Lynch invites all to a working lunch on Monday, November 25 at 1:30 at El Segundo City Hall. He stated that the FCC is deciding the fate of the 310 area code and whether to split it up. All are invited to attend and comment on how it will affect consumers, businesses, senior citizens and residents.

Mayor McTaggart reported that the Liability Trust Fund Oversight Committee of the Contract Cities had a presentation on November 6th by the Office of Independent Review. He stated that the subject matter was the oversight of allegations against law enforcement. He indicated that a report was produced from the committee and that he would put it in the Council office for all to look at. He reported that the Liability Trust Fund boasts $19 million. He stated that in about two years, they should be in a position to think about reducing the cost to the cities for the oversight of liability.

Mayor McTaggart addressed the SCAG Housing Committee, and the need of reimbursement for the cost of preparation of the Regional Housing Needs Assessment that is pending. He stated that also discussed was the need for legislation to achieve that funding.

Mayor McTaggart stated that the Southwest Regional Port Authority, set up by HR2522 and HR4847 would create a pact among the southwest states to promote economic and welfare issues.

Mayor McTaggart reported on a party that he and Councilman Clark attended on the removal of the contamination from Point Vicente. He stated that Nicole Jules, as MC, did a great job.

Mayor McTaggart reported that at the meeting, Donald Trump renewed his expedited request for a waterfall on the golf course.

Mayor McTaggart stated that he attended a PANIC meeting in City Hall with the Safety Committee. He indicated the topic discussed was the over flights on the Peninsula.

Mayor McTaggart commented on his visit to the sewer drilling process with Dean Allison. He indicated his surprise at how much equipment and funding was required for this project.

Mayor McTaggart reported on the West Nile Virus that was addressed at the November 14th Vector District Meeting. He indicated that there is presently an aggressive attack on the underground storm drains to eliminate mosquitoes. He said that currently there have been no incidences of the virus locally, but that they are coming.

Mayor McTaggart stated that he attended the E-Waste roundup. He invited Dean Allison to report.

Dean Allison stated that almost 600 people attended bringing old computers, televisions, and other items. He stated that 55,000 pounds of material was collected this year as compared to 30,000 last years.

Councilman Clark asked if there was any remuneration to the city or to the vendors who set it up.

Mr. Allison stated that there was a small charge; stated that the cost was shared equally between the three cities.

Councilwoman Ferraro stated that through this effort, the city is in compliance with AB 939.

Mayor McTaggart reported that on November 18th, he met President Peacock of Crestmont College with Mr. Evans and Olivia Gates, Director of Institutional Advancement. He stated that the sharing of recreational facilities was discussed, among other organizations, and participation in the cable education channel. He stated that he invited them to the workshop on the Ed channel.

Councilman Clark mentioned that on November 12th, he attended the PV Seniors Town Hall Forum at Hesse Park where Standard Pacific made a presentation, answered questions regarding the Crestridge proposal.

Clarification of privatization of the Ocean Trails Golf Course. (1411 x 1804)

Council reaffirmed its position that Ocean Trails Golf Course is to remain a public golf course.

Mayor McTaggart stated that he put this item on the agenda in order to be upfront with the purchaser of Ocean Trails. He indicated that the issue is privatization versus public use of Ocean Trails. He stated that the Conditions of the City and of the Coastal Commission preclude the use of property as private course.

City Manager Les Evans stated that the close of escrow for the purchase of Ocean Trails by the Trump organization was the upcoming Thursday.

Mayor pro tem Stern expressed dismay that there was no report because the public would have access to the history of the events and so be encouraged that the Council has no intention of entertaining the privatization of Ocean Trails.

He stated that it was indeed important to clarify their position vis-à-vis the Long Point project and its requirement of a public golf course. He also expressed concern that there might eventually be an agreement between Messrs. Trump and Lowe to prioritize private member golf playing and preclude the public from obtaining tee times.

Councilman Clark expressed concern over a successor owner of a privatized club and how that would affect the Peninsula.

Councilwoman Ferraro commented on the timing of the clarification; that two days before escrow closes it is crucial to convey to the Trump organization that there will never be considered privatization of Ocean Trails by the Council. She stated that they should be clear before escrow closes on the position of RPV as regards that issue.

Councilman Clark indicated that at the breakfast, Mr. Trump stated that he had a desire to make Ocean Trails comparable to Pebble Beach, but said nothing regarding privatization.

Councilwoman Ferraro stated she understood that as well; however, in the media, Mr. Trump set forth his intentions to privatize the course.

Councilman Gardiner expressed concern over residents implementing committees and collecting petitions to keep Ocean Trails from privatizing.

Councilman Gardiner also addressed the Destination Resort developers. He voiced concern over their hesitation to proceed with their project, even though the Council is determined to maintain its position.

Councilman Gardiner opined that Donald Trump would likely make further attempts to obtain his desires.

Bob Lowe, Lowe Enterprises,11777 San Vicente Boulevard, L.A., commented that they are pleased with Mr. Trumpís plans to make Ocean Trails a world-class premiere golf facility. He indicated that he represented to Donald Trump that Lowe Enterprises would support him in that endeavor.

Mr. Lowe indicated that Donald Trump intends on requiring dues of $300,000 per member if the privatization succeeds. Mr. Lowe represented that allowing the Trump organization to fulfill their plans would be to violate the trust of the residents as well as reverse the commitment of the City to Lowe Enterprises regarding Long Point.

Mr. Lowe made reference to a Council meeting 13 months prior when Lowe Enterprises trusted the representations of the Council that Long Point and Ocean Trails would be a great complement to each other. He stated that in the midst of doubt, Lowe Enterprises proceeded to revise their concept with reliance on the Ocean Trails Golf Course.

Mr. Lowe reported an investment of over $5 million to date and intends on proceeding with the development of Long Point with the assurance of the Council that their position on privatization remains intact. He requested that the Council take action to repudiate any concepts of privatization on the part of the Trump organization.

Mayor pro tem Stern asked Mr. Lowe to address the issue of tee times and the relationship between Donald Trump and Mr. Lowe. He expressed concern that those staying at the Long Point Resort would be allowed first choice on the tee times, disregarding the public.

Mr. Lowe responded that the hotel is a public facility; that there are no private features. He ensured the Council that they have no intention of monopolizing the tee times.

Mayor pro tem Stern requested that Mr. Lowe and Mr. Trump present to the Council their plan for allocating tee times.

City Attorney Lynch indicated that that issue is already put to rest; that one of the conditions outlines the issue of operations of Ocean Trails. She stated that the document could be amended to for further clarification, if necessary. She commented that if the Council wishes to speak to the issue of privatization alone, that would be acceptable. She said that if, however, other topics regarding the Ocean Trails project wish to be explored, that a duly noticed hearing would be required. She stated that her understanding was that Mayor McTaggart wanted solely to reaffirm the Cityís unmovable position regarding disallowing privatization.

Mayor McTaggart stressed the importance of informing the public that the City would not allow a $300,000 membership fee to use Ocean Trails and that the course would remain public.

Councilman Clark asked Mr. Lowe whether he and Donald Trump have discussed the privatization of the course. Mr. Lowe stated that they have. Councilman Clark inquired into that discussion. Mr. Lowe stated that he represented to Mr. Trump that in his experience with the City of RPV and with the Coastal Commission that there was no chance of it being privatized. He stated that Mr. Trump continued to discuss a $300,000 membership.

Joe Gayle opined that Mr. Trump will not take no for an answer. He indicated that he has read Mr. Trumpís last two books that state that he, Mr. Trump, never takes no for an answer. He also commented on Mr. Trumpís representation of improving the course to the caliber of Pebble Beach. Mr. Gayle reported that the cost to play at Pebble Beach was $325.00, and suggested that most of the public would not be able to afford golf fees of that amount. Finally, Mr. Gayle urged the Council to send a reaffirming message.

Councilman Gardiner asked the City Attorney if not reaffirming their position would have any impact or consequence.

City Attorney Lynch stated that nothing is changed. She said that an affirmation merely means that the Council is acknowledging the conditions that are currently in place with no intent to change them.

Mark Anderson, 6954 Verde Ridge Road, RPV suggested that rather than be concerned about what developers will take away from the community, to focus on what they can do to better the community. He recited Lowe Enterprises as an example of understanding the needs of RPV and meeting them.

Bob Nelson, 6612 Channelview Court, RPV reminded the Council that Bob Lowe has spent $5 million so far and that Lowe Enterprises needs assurance that the golf course will be available in order to obtain financing to build the project. He also stated that the citizens of RPV are seeking assurance from the Council regarding privatization.

Councilman Clark stated that none of the Council members are poised to recant their commitment to deny the privatization of Ocean Trails.

Janet Sterns, 5023 Delacroix Road, RPV, urged the Council to reaffirm its position on the commitment to deny the privatization of Ocean Trails in light of the long history and accomplishment behind the Long Point project.

Norma Knowles, 30021 Avenida Esplendida, RPV, urged the Council to reaffirm its position on the commitment to deny the privatization of Ocean Trails.

Mark Massari, 4812 Elkridge Drive, RPV, urged the Council to make their reaffirmation before the close of escrow on Thursday.

Mayor pro tem Stern indicated that he is prepared to take a stand and reaffirm. He stated that the Council will stand firm on their commitment to Lowe Enterprises and the community and will deny privatization of Ocean Trails Golf Course. He again stressed the importance of having a report to present to the public.

Councilman Clark stated that he approved the Ocean Trails project at its inception because of its public nature. He indicated he would always be in favor of Ocean Trails being a public amenity.

Councilman Gardiner requested Mr. Lowe to opine whether the Council needs to take a vote in light of all the testimony that had been given regarding the privatization issue in order to obtain financing.

Mr. Lowe requested the Council follow due course and have a motion, a second, and a vote.

Councilman Clark moved, seconded by Councilwoman Ferraro, to reaffirm the Councilís position regarding privatization of Ocean Trails.

Councilwoman Ferraro stated the necessity to clarify that this was not a public hearing in the sense that any conditions would be considered. She indicated a desire to squelch the rumors and ensure the public of their position.

Councilman Gardiner spoke in favor of the motion.

Councilwoman Ferraro added that she did not want to give Mr. Trump the indication that she does not want to work with him, but that she is looking forward to it as because of his "first class" reputation.

Mayor McTaggart stated that reaffirmation would benefit all concerned, as there would be no ambiguity on the Councilís position.

The motion carried on the following roll call vote:

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

NOES: None

AUDIENCE COMMENTS:

Angelica Brinkman Busi, 2141 West 35th Street, San Pedro, expressed concern over the heavy equipment present for a brush clearing on a 3.5-acre patch of land. She indicated that that brush clearing posed a threat to the vegetation located therein and interrupted the CEQA process. She urged the Council to ensure that CEQA is not being circumvented.

Lois Larue, 3136 Barkentine Road, RPV, stated that she is a lifetime member of the Cabrillo Marine Aquarium. She congratulated Charles and Barbara Ferraro for being members; she addressed term limits indicating that her review of the newspaper revealed how negative they are.

Joan Kelly, 6 Fruit Tree Road, Portuguese Bend, RPV, spoke of her concern over the removal of fully-grown eucalyptus trees over on the York property. She indicated that over the past summer, more and more trees are being eliminated.

Director of Planning, Building and Code Enforcement Joel Rojas, indicated that currently, there is no process to regulate an ownerís right to eliminate trees from their own property. He indicated that approximately 8 to 10 eucalyptus trees have been destroyed to date.

Councilman Clark indicated that eucalyptus trees are prone to disease. He stated that some cities, such as Thousand Oaks, have ordinances against condemning oaks.

Mr. Rojas indicated that some cities prohibit eucalyptus trees because of fire danger.

Marianne Hunter, 1 Cinnamon Lane, RPV, employed the metaphor of the diamond. She stated that RPV is a lot like a diamond. She stated that it could be improved by cutting, but that one has to cut slowly with a plan. She said that if you cut incorrectly, the diamond is left worthless.

Bill Griffin, 5 Ginger Root Lane, Portuguese Bend, RPV, referred to a tremendous fire 30 years prior, with following rains that produced a lot of mud and rock at intersections. He likened that situation to the developer that is cutting down all the eucalyptus trees.

Mr. Griffin stated that the developer has no approval to build up there. He encouraged the Council to address the problem.

Director of Public Works Dean Allison indicated that the activity might require an erosion control.

Mayor pro tem Stern agreed.

Councilwoman Ferraro suggested the Staff inquire into the activity.

City Attorney Lynch indicated that the developer said that he was removing dead trees and parts of dead trees. She indicated that Staff would follow up.

Mayor McTaggart requested that the City ask the developer to cease and desist on any land that the City is potentially trying to purchase.

City Attorney Lynch indicated that a problem existed in that there currently is no purchase agreement. She stated that he is potentially devaluing the property as he is possibly removing the habitat value.

REGULAR BUSINESS

Resol. No. 2002-97: Expansion of the Student and the Law Program

School During FY 02-03. (1206 x 1705)

Councilwoman Ferraro moved, seconded by Councilman Clark, to waive the staff report.

Councilwoman Ferraro moved, seconded by Mayor pro tem Stern, to adopt the staff recommendation and ADOPT RESOLUTION NO. 2002-97; AMENDING RESOLUTION 2002-45, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2002-2003; FOR A BUDGET ADJUSTMENT TO THE CITY'S GENERAL FUND TO ADD TWO ADDITIONAL STUDENT AND THE LAW CLASSES DURING THE 2003 SPRING SEMESTER AT PENINSULA HIGH SCHOOL

The motion carried on the following roll call vote:

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

NOES: None

Vacancy on the Equestrian Committee. (106 x 1808)

City Clerk Purcell presented the staff report of November 19 and the recommendation that Council decide whether to conduct a new recruitment to fill the vacancy on this committee; or, leave the position vacant until the next round of recruitment which will start in late 2003.

City Attorney Lynch explained the Maddy Act requires advertisement for an unexpected vacancy on a committee. She described that advertisement needs to be conducted for a specified amount of time. She stated that a position could be filled temporarily if the unexpected vacancy causes a loss of a quorum. And then one would advertise to fulfill the position permanently.

Councilman Gardiner questioned the need to fill the vacancy since there were currently five active members.

City Attorney Lynch indicated that the position could be left vacant.

Mayor pro tem Stern agreed that filling the vacancy is not necessary.

Mayor pro tem Stern moved, seconded by Mayor McTaggart, to keep the position vacant. Motion carried as there were no objections noted.

Civic Center Office Modifications Project. (1204 x 1201)

Public Works Director Allison presented the staff report of November 19 which contained the following recommendation: (1) Award a contract for the construction of office modifications at the Civic Center to Unique Performance Construction for an amount not to exceed $42,040 and authorized staff to spend an additional $4,200 for possible extra work for a total authorization of $46,240. (2) Authorize the Mayor and City Clerk to execute a contract with Unique Performance Construction. (3) Authorize the expenditure of up to $3,500 for inspection services with Charles Abbott Associates, Inc. (4) ADOPT RESOLUTION 2002-98, A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION 2002-45, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2002-2003, FOR A BUDGET ADJUSTMENT TO THE BUILDING REPLACEMENT FUND.

Director of Public Works Dean Allison stated that bids were obtained. He suggested not going with the lowest bid as it had elements of the project missing. He stated that the bids varied from $25,000 to $42,000.

Mr. Allison indicated that some efforts would be made to make the building more secure. He pointed out that accessing the second floor via elevator was very important. He also stated that more room would be created for additional staff.

Councilwoman Ferraro moved for staff recommendation. Mayor pro tem Stern seconded.

The motion carried on the following roll call vote:

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

NOES: None

Policy For Naming Of Public Facilities And Placement of Monuments. (1101 x 1201)

Due to the lateness of the hour, this matter was continued to January 7, 2003.

City Manager Les Evans reported that staff obtained a variety of ideas from the League of Cities. He stated that very few cities had actual policies.

Mr. Evans indicated that RPV currently has a small number of locations named after individuals.

Mayor McTaggart observed that naming a location after an individual is very rare in RPV.

Mr. Evans suggested continuing the item until January 7, 2003.

Holiday Closures Of City Hall. (1101 x 1202)

City Manager Evans presented the staff report of November 19th and the recommendation to close City Hall for the entire two-week period beginning Monday, December 23, 2002 through Friday, January 3, 2003 and for the period beginning Wednesday, December 24, 2003 through Friday, January 2, 2004.

Councilwoman Ferraro moved for staff recommendation. Councilman Clark seconded.

The motion carried on the following roll call vote:

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

NOES: None

CITY ATTORNEY CLOSED SESSION REPORT:

City Attorney Lynch indicated that the Council moved to designate Mike Kilroy and Barbara Dye as City negotiators in connection with the open space land purchase.

ADJOURNMENT:

The meeting was adjourned at 11:10 P.M. on motion of Mayor McTaggart.

/s/ Douglas W. Stern

Mayor

Attest:

/s/ Jo Purcell

City Clerk