APRIL 4, 2006 CITY COUNCIL MINUTES APRIL 4, 2006 CITY COUNCIL MINUTES







APRIL 4, 2006 CITY COUNCIL MINUTES

M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
APRIL 4, 2006

The meeting was called to order at 7:22 p.m. at Fred Hesse Community Park, 29301 Hawthorne Boulevard, Rancho Palos Verdes.

Roll call was answered as follows:

PRESENT: Stern, Gardiner, Clark, Long, Mayor Wolowicz

Also present were City Manager Les Evans, Assistant City Manager/City Clerk Carolynn Petru, City Attorney Carol Lynch, Director of Finance/IT Dennis McLean, Director of Planning, Building and Code Enforcement Joel Rojas, Interim Director of Public Works Ray Holland, Director of Recreation and Parks Rosenfeld; Deputy Planning Director Greg Pfost, Senior Administrative Analyst Matt Waters, and Geology Consultant Matt Rogers.

The Pledge of Allegiance was led by Director of Recreation and Parks Ron Rosenfeld.

APPROVAL OF AGENDA

Councilman Clark made a motion to approve the agenda as presented, seconded by Councilman Stern. Hearing no objection, Mayor Wolowicz so ordered.

CEREMONIAL MATTER:

Salute to Service – Col. Curtis M. Hellenbrand, Jr.

Mayor Wolowicz presided over a Salute to Service honoring Colonel Curtis M. Hellenbrand, Jr. and presented him with a Blue Star in recognition of his military service where he earned military awards include the Meritorious Service Medal, the Army Commendation Medal and Joint Service Achievement Medal.

Colonel Hellenbrand accepted the award not only on his behalf but also on behalf of all who have served both past and present.

Nancy Mahr, from the Palos Verdes Library District also recognized Colonel Hellenbrand with a certificate in recognition of dedicated service to his country throughout his distinguished career.

Presentation of City Tiles to Outgoing Advisory Board Members

Mayor Wolowicz presented a City tile to Rick Wallace in appreciation of his service on the Finance Advisory Committee and thanked him for his service to the community.

MAYOR’S ANNOUNCEMENTS:

Mayor Wolowicz announced that Interim Director of Public Works Ray Holland would present the Mayor’s Did You Know Facts, which focused on a brief overview of the public parkways in the City.

Interim Director Holland stated that public parkways were defined as the area that is between the curb or the edge of the roadway and the private property line. He explained that citizens were allowed to plant grass and install irrigation systems to maintain the landscaping as well as place mailboxes in the public parkway areas. He advised that residents should contact the Public Works Department if they have any questions regarding the U.S. Post Office standards for mailbox placement and height. He noted that the installation of hardscape, such as paving materials, pilasters or planter boxes and the planting and trimming of trees are permitted within the City’s regulations after review for safety and aesthetics.

RECYCLE DRAWING:

Mayor Wolowicz announced that there were no winners this month for Recyclers of the Month and urged everyone to participate in the City’s recycling program.

PUBLIC COMMENTS:

Tom Smith, Rancho Palos Verdes, addressed the City Council regarding the Fender project located on Phantom Drive. He stated that the project was still not complete, the property was red-tagged and unlivable, and the property was strewn with debris and weed infested. He stated that on March 6, 2006, the matter was heard in court and that it was decided in the judge’s chambers that the Fenders were going to complete the project as quickly, easily and cheaply as possible. Mr. Smith stated since that time the Fenders rescinded that decision and the house remained abandoned.

Mayor Wolowicz said that the City shares Mr. Smith’s frustration on this issue, and he asked City Attorney Lynch to give an update.

City Attorney Lynch stated that the City has been in contact with the Fender’s attorney several times and the City does not intend to issue building permits without appropriate proof of financial assurance to complete this project, which is estimated by the City’s Building Official to cost between $100,000 and $200,000 to complete. Ms. Lynch stated that the attorney working on the case has prepared an amended judgment that would require mileposts for each major component of the construction project to be met by a date certain as well as a bond, letter of credit, or the funds placed in a trust account to ensure the completion of the project. She stated a future meeting had been set up with the Fender’s attorney and that she understood the Fender’s were waiting for two minor items to be satisfied before the building permits could be issued. She reported that the City had requested the award of $20,000 in sanctions, but that the judge denied the request.
CITY COUNCIL ORAL REPORTS:

Councilman Stern had nothing to report.

Mayor Pro Tem Long reported that he met with representatives of the Palos Verdes Art Center, including Maude Landon. He stated that they expressed concern that they would be able to get a firm commitment from the City by May regarding the use of the former Nike Missile site for the Palos Verdes Art Center Museum Project. He stated that he met with Director Rosenfeld and Mr. Brad House, who organizes cycling events, to discuss the possibility of holding cycling events in the Palos Verdes area.

Mayor Wolowicz noted that all of the Council Members have met with Palos Verdes Art Center representatives Maude Landon and Dawn Crawford to discuss the use of the Upper Point Vicente property for the Art Center Project.

Councilman Clark reported that he was invited by the South Bay Cities Council of Governments to speak about the activities of the California Coastal Commission; he was the guest speaker at the South Bay Parks Conservancy discussing the partnership between the City of Rancho Palos Verdes and the Palos Verdes Peninsula Land Conservancy regarding the acquisition and preservation of open space land and the Coastal Commission; and, he had a brief meeting with the Palos Verdes Art Center President Maude Landon and Executive Director Bob Yassin to discuss the use of the Upper Pointe Vicente Civic Center for the Palos Verdes Art Center Museum.

Councilman Gardiner reported that he met with Mayor Wolowicz and Los Angeles Unified School District (LAUSD) Board Member Mike Lansing in order to arrange a meeting between City Manager Evans and Mr. Lansing’s Chief of Staff regarding the school district boundary in Eastview. He noted that he has an upcoming meeting with the Art Center and he wondered how the Art Center’s plans were going to be integrated with the City’s plans for the Upper Point Vicente property.

Mayor Wolowicz commented that he would like an update from the Ad Hoc Committee of Mayor Pro Tem Long and Councilman Stern regarding the Art Center Project.

Mayor Pro Tem Long reported that the item regarding the Palos Verdes Art Center was scheduled to be on the April 18, 2006 City Council Agenda for discussion and that it was the hope of the Art Center to receive a fairly definitive commitment from the City as to the location and lease terms by some time in May.

Mayor Wolowicz reported that since the last Council meeting he had met with Councilman Gardiner and LAUSD Board Member Mike Lansing regarding the Eastview area; he attended a reception hosted by Supervisor Don Knabe for elected officials within his Supervisory area; he attended the South Bay Cities Council of Governments Board of Director’s meeting where Councilman Clark provided a report on the Coastal Commission, a discussion was held regarding a resolution supporting the building of the C-17 Aircraft, and a presentation given on Assembly Bill 2015 regarding representation on the AQMD Board by smaller cities. He reported that on March 27, 2006, there was a final meeting of the Residential Development Standards Steering Committee whose recommendations regarding residential standards will be presented to the City Council in the future.

CITY MANAGER REPORTS:

City Manager Evans reported that LAUSD Board Member Lansing’s Deputy, Mr.
Brock Howard, had contacted him and stated he wanted to meet again with LAUSD staff prior to holding serious discussions regarding the Eastview school district boundary issue. He reported staff had developed a strategy he believed would accommodate the Art Center’s desire to lease a portion of the Upper Point Vicente property and their time frame for presentation at the April 18, 2006 City Council Meeting. He reported that the Public Works Department had been working during the day to ensure that 25th Street at the Rancho Palos Verdes City limit would remain open for commuters that evening and advised commuters to check the City’s Breaking News in the morning before attempting to travel that route due to possible closures if the overnight rainfall was heavy.

Councilman Clark reported that he had been successful in coordinating a future meeting with Councilwoman Janice Hahn to discuss numerous matters affecting the City of Rancho Palos Verdes, San Pedro, and the City of Los Angeles.

Councilman Gardiner asked City Manager Evans for an update on the portion of the hillside along Palos Verdes Drive East that appears to be moving downhill.

City Manager Evans reported that a portion of the uphill slope in Tarapaca Canyon slope has been moving for seven or eight years, heading for the bottom of the canyon. He stated that the geologists have assured the City that the homes above that area are in no danger, but that the danger is that the mud would cover the street down below. He reported that they were continuing to work with the County of Los Angeles and the City of Los Angeles to find a permanent solution to the problem. City Manager Evans stated that the County of Los Angeles and the City of Rancho Palos Verdes have essentially agreed on a solution, and on behalf of the City Council he had agreed to pay 50% of the work that is to be done to remedy the problem. He noted that engineers from the City of Los Angeles are reviewing the situation and a response was expected from the City of Los Angeles in 60 days.

OLD BUSINESS:

Assistant City Manager/City Clerk Petru advised the audience that items previously discussed and continued to a future meeting could be viewed on the City’s website at www.palosverdes.com/rpv.

 

NEW BUSINESS:

APPROVAL OF CONSENT CALENDAR:

Assistant City Manager/City Clerk Petru noted that she had distributed late correspondence on Items 5, 6, 11, 13, and 17, and there were no requests to speak on the Consent Calendar.

Councilman Stern requested the removal of Item 13 from the Consent Calendar for a brief discussion.

Councilman Clark noted that he would recuse himself from voting on Item 5, the Approval of the Minutes, since a good portion of that meeting dealt with the Marymount Expansion Project, which he has recused himself from participation.

Mayor Pro Tem Long moved approval of the Consent Calendar as amended, seconded by Councilman Stern.

The motion carried on the following roll call vote:

AYES: Stern, Clark, Long, Gardiner, Mayor Wolowicz
NOES: None
ABSTAIN: Clark recused himself on Item No. 5
ABSENT: None

Repair of the Tarapaca Storm Drain (604 x 1204)

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.

Interim Improvements to Barkentine/Seacove and Other Miscellaneous Drainage Improvements (604 x 1204)

Reviewed and reconfirmed by four/fifths (4/5) vote, the Council’s previous action on October 18, 2005, to authorize staff to conduct an informal bid process to construct interim improvements to Barkentine/Sea Cove and other miscellaneous drainage improvements.

Pontevedra Emergency Storm Drain Repairs (604 x 1204)

Reviewed and reconfirmed by a four/fifths (4/5) vote, the Council’s previous action on December 6, 2005 to authorize staff to conduct an informal bid process to repair the Pontevedra storm drain line.

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 (301)

Approved the minutes of January 31, 2006.

Border Issues Status Report (310)

Reviewed the current status of border issues.

Budget Adjustment for Phase 1 Study of Property at 6359 Tarragon Road (604 x
1204)

ADOPTED RESOLUTION NO. 2006-18, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2005-53, THE BUDGET APPROPRIATION FOR FY 05-06, TO ADJUST APPROPRIATIONS IN THE GENERAL FUND WATER QUALITY FLOOD PROTECTION FUND.

Authorization for Council to Award a Contract for Roofing Replacement Project at City Hall Channel 33, Cable Studio, to Best Contracting Services, Inc. (1201 x 305)

1) Awarded a contract for the replacement of roof at City Hall Channel 33, Cable Studio to Best Contracting Services Inc. for an amount not to exceed $ 33,200 and authorized staff to spend an additional $ 3,000 for potential change orders which may result from unforeseen conditions for a total authorization of $36,200; and 2) Authorized the Mayor and City Clerk to execute a contract with Best Contracting Services Inc.

Authorization for Council to Award a Contract for Civic Center Parking Lot Resurfacing to Hardy and Harper, Inc. (1201 x 1204)

1) Authorized staff to proceed with resurfacing of Civic Center Parking Lot; 2) Awarded a $42,483.50 Construction Contract to Hardy and Harper, Inc. Contracting Company, for the resurfacing of Civic Center Parking Lot, and authorized staff to spend an additional $4,250 for contingency; thereby approving a $46,733.50 construction budget; 3) Authorized the Mayor and City Clerk to execute a construction contract with Hardy and Harper, Inc. Contracting Company; and 4) ADOPTED RESOLUTION NO. 2006-19, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2005-53, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2005-2006, FOR A BUDGET ADJUSTMENT TO THE CITY’S GENERAL FUND.

Authorization for Council to Award a Construction Contract for the Relocation of the Storm Drain at 7460 Alida Place to GCI Construction, Inc., and Construction Management and Inspection Services to DMc Engineering (604 x 1204)

1) Awarded a contract for the relocation of the storm drain at 7460 Alida Place to GCI Construction, Inc. for an amount not to exceed $80,808 and authorized staff to spend an additional $8,080 for potential change orders which may result from unforeseen conditions for a total authorization of $88,888; 2) Authorized the Mayor and City Clerk to execute contract with GCI Construction, Inc.; 3) Authorized the expenditure of up to $9,600 for inspection services with DMc Engineering under their on-call services contract; and 4) ADOPTED RESOLUTION NO. 2006-20, A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2005-53, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2005-2006, FOR A BUDGET ADJUSTMENT TO THE CITY’S STORM DRAIN MAINTENANCE PROGRAM FUND.

Emergency Relief Program of the Federal Highway Administration (601 x 1403)

ADOPTED RESOLUTION NO. 2006-21, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY MANAGER TO SIGN AGREEMENTS ON BEHALF OF THE CITY OF RANCHO PALOS VERDES ON ALL MATTERS ASSOCIATED WITH THE ADMINISTRATION AND IMPLEMENTATION OF FEDERAL AID SYSTEM PROJECTS UNDER THE FEDERAL HIGHWAY ADMINISTRATION EMERGENCY RELIEF PROGRAM.

Crossing Guard Services for 2006-2007 School Year: Amendment No. 14 to All City Management Services Contract (1503)

Authorized the Mayor and the City Clerk to execute Amendment No. 14 to the agreement with All City Management Services, Inc., for an amount not to exceed $16,863.00 to provide crossing guard services at Miraleste Intermediate School and Silver Spur Elementary School for the 2006-2007 School Year.

Notice of Completion for Improvements to the Point Vicente Interpretive Center Expansion Project (1201)

1) Accepted the work done by MTM Construction Inc. on the construction of the Point Vicente Interpretive Center Expansion Project, as completed; 2) Authorized the City Clerk to accept the amount of $10,000 to be held for a period of 90 days after the filing of the Notice of Completion as a performance surety for the trouble free operation of the window shutters for that period; 3) Authorized the City Clerk to file the attached Notice of Completion with the Los Angeles County Recorder; and if no claims are filed within 35 days of recordation of the Notice, City Clerk shall notify MTM Construction, Inc. to exonerate both the Payment and Performance Bonds; 4) Authorized the City Clerk to accept the attached Maintenance Bond in the amount of $4,013,420, issued by CNA/Western Surety Company of Woodland Hills, CA 91367 which will remain in force for a period of one (1) year after the date of Notice of Completion and acceptance; and 5) Authorized the Director of Public Works to release the 10% retention payment to MTM Construction, Inc. less $10,000 noted in item #2 above, 35 days after recordation of the Notice of Completion by the City Clerk at the Los Angeles County Recorder’s office, contingent on no claims being filed against the project.

Recordation of a Covenant Against the Property Where the Point Vicente Interpretive Center is Located (1201)

Approved the covenant so that it can be recorded against the property where the Point Vicente Interpretive Center is located.

February 2006 Treasurer’s Report (602)

Received and filed the February 2006 Treasurer’s Report for the City of Rancho Palos Verdes.

Register of Demands

ADOPTED RESOLUTION NO. 2006-22, 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.

ITEMS REMOVED FROM THE CONSENT CALENDAR:

Claim Against the City by George Carabet (303)

Councilman Stern reported that late correspondence had been received from Mr. Carabet indicating that Mr. Cabaret would like the item continued and noted that he felt Council should accommodate his request and the item be continued to the next meeting. He asked that staff communicate with Mr. Carabet to advise him that the JPIA adjustor had notified the contractor of the claim. Councilman Stern requested a status update from staff at the next meeting regarding the contractor’s response to the JPIA inquiry.

Councilman Stern moved to continue the item, seconded by Mayor Pro Tem Long.

City Manager Evans stated that one of the problems was that Mr. Carabet has not filed a claim against the contractor, which he was advised to do in order to have the matter addressed properly. He stated that the item would be placed as the first item of regular business on the next agenda.

Without objection, Mayor Wolowicz so ordered.

# # # # # #

PUBLIC HEARINGS:

Appeal of the Planning Commission's Decision Denying Case No. ZON2006-00085 (Variance and Coastal Permit) [Continued from March 21, 2006] (1411)

Assistant City Manager/City Clerk Petru stated that there were two requests to speak on this item.

Deputy Director Pfost gave a brief staff report regarding the Coastal Act enacted by the state in 1976, which affects developments seaward of Palos Verdes Drive in Rancho Palos Verdes. He explained that shortly after the incorporation of the City, the City prepared its specific plan and geology reports and determined areas of the coastal zone where development could and could not be permitted, which created the coastal setback line and the coastal structure setback zone. He stated that since the City’s incorporation, a number of developments have been approved along the bluff in the coastal specific setback zone and no variances have been issued for the development off of Marguerite Drive or the Seacove area. He explained that there were residential developments approved prior to the City’s incorporation under the auspices of the County of Los Angeles and prior to the Coastal Act and determination of the coastal setback line where some houses and swimming pools actually encroach beyond the coastal setback line. He noted there were upper and lower portions of the Portuguese Bend Club where many of the structures are located seaward of the coastal setback line. He noted that residential developments prior to City incorporation were zoned RS-2 as opposed to present zoning of RS-1 as in the Trump project. Deputy Director Pfost explained that when the original project was approved in 1992, the coastal setback zone was determined and the maps were recorded. He explained that the developer was proposing the construction of a pool and spa within the coastal setback zone on Lot No. 9, which was denied by the Planning Commission because they did not feel there were exceptional or extraordinary circumstances that applied to the lot that would warrant approval of the variance. He stated that the Planning Commission felt the applicant could construct a reasonably sized home with a pool and spa outside of the coastal structure setback zone. He reported that the applicant submitted a letter requesting an appeal to the City Council and has subsequently altered their request slightly requesting only a nine-foot intrusion as opposed to the original 20-foot intrusion into the coastal setback zone provided that a five-foot modification is made to the coastal setback zone. Deputy Director Pfost reported that staff recommends denial of the request on the basis that the applicant could construct a reasonably sized home on this lot with a pool and spa without intruding into the coastal setback zone.

Councilman Stern stated it was his understanding that the property that was previously Ocean Trails and is now Trump National, consisting of thirty-six lots is owned by one landowner. He stated he would like to hear from the applicant, but that he was astonished the applicant felt his request was in compliance with the City Code. He noted that the Planning Commission vote was 7-0 denying the project and stated that he was not aware of a principle that could allow him to find that the applicant had an exceptional situation or that it was necessary to allow this modification and thereby render the coastal setback line unenforceable to other landowners.

Mayor Pro Tem Long stated that he agreed that the concept of a variance was that there really was no way other than the granting of the variance that could allow the owner of the property to make normal use of the property. He noted that the owner had to show that a request like this was more than a matter of convenience.

Councilman Clark stated that before he made a decision, he would like to hear from the applicant and speakers.

Vincent Stellio, Executive Vice President for the Trump Organization, addressed the Council and explained that the coastal setback line essentially splits Lot No. 9 in half and that the variance request was actually for a nine-foot variance a twenty-five foot buffer zone behind the coastal setback line. He noted that Lot No. 9 is approximately 2,900 square feet in size, much smaller than the other lots in the cul-de-sac, and that the proposed pool would be situated well within the actual lot.

Luis De Moraes, Envirotechno Architecture, explained that he had consulted with Palos Verdes Pools regarding pool design for a lot this size. He reported that an average pool size for the lot would be 17 feet by 40 feet with a minimum of twelve feet clearance from the pool to the house, which leaves about 2,900 square feet as a foot print for the building compared to the other lots, which are 7,500 to 8,000 square feet. He stated that the main issue was that of compatibility, since the house would be on a much smaller scale on the same-sized lot as the surrounding properties.

Keith Tucker, Civil Engineer, stated that he prepared a cross section to aid the Council in understanding the steepness of the slope of the lower bluff and the flat nature of the upper portion of the lot. He stated that the proposed pool would be 9 to 10 feet within the buffer zone and at least 35 feet away from the top of the slope, which would meet the standard Uniform Building Code criteria for setbacks for foundations and pools. He stated that regarding the stability of the slope, the lot was very flat in relation to many others in the area and that any encroachment of the order of magnitude that was being discussed would not impact the slope stability in any manner.

Mr. Stellio pointed out that there are military bunkers beyond the coastal setback line on the site that were built into the side of the slope prior to 1940 which are still completely intact. He reiterated that they do not believe that a variance for this lot would put the slope at risk for increased erosion or slope failure. He stated that their research revealed that Terranea was granted a 120-foot variance for a swimming pool, cabana and spa for their project based on the fact that there was a pre-existing tank there when it was owned by Marineland.

Councilman Stern stated that at the Planning Commission Mr. Stellio was asked to explain the exceptional or extraordinary circumstances, and Mr. Stellio responded that lots nine and ten are the only two lots with the problem. He stated that the Planning Commission Minutes also reflected that Mr. Stellio stated there was a $10 million offer for the property. Councilman Stern opined that with an offer of this size, the Trump Organization should be able to adjust or reconfigure the lots as they see fit to accommodate the building of the home without needing a variance to the coastal setback line.

Mr. Stellio stated the $10 million offer was for another lot with a house size and swimming pool comparable to the other homes, and that it was impossible to build a similar home and pool on this lot without acquiring a variance into the buffer zone of the coastal setback area. He stated that to tear out and rebuild the entire cul-de-sac, which is already built, would require a tremendous amount of money.

Councilman Stern stated that the desire of the Trump Organization to overbuild on the lot and invade the setback because they will make a lot of money, did not qualify as exceptional need. He stated that he knew of no basis on which the Council could differentiate this request from any of the homeowners on the Peninsula requesting a similar variance.

Councilman Clark asked for clarification on the pool size and home size for the lot and inquired how a lot with a small home could command such a price.

Architect De Moraes explained that without the variance the house size would be 2,000 square feet with an 800 square foot garage and a pool size of 15 feet by 40 feet; with the variance the house would be 3,200 square feet with a pool size of 14 feet by 40 feet; and, without a pool, the house size would be approximately 6,000 square feet with the adjacent lots with homes of 7,500 and 8,000 square feet.

Mr. Stellio added the lot had a higher value because it was an ocean front lot with an unobstructed view with the bunkers and trails beneath it. He reiterated that the variance request was driven by a compatibility of house size to adjacent lots.

Mayor Pro Tem Long asked staff to explain the history of the variance that was granted with respect to the Long Point property.

Deputy Director Pfost explained that the Long Point development was granted a variance for a pool in the area near the bluff. He stated that the situation was different because the property was zoned Commercial Recreation (CR) and at the time it was approved the Planning Commission and City Council recognized that the amenities of that project were going to be for public use, although the pool would be used by the resort only, but that restroom and shower facilities would be available for use by the general public who would use the beach below the resort. He continued that there was also a pre-existing structure at the location, which was a water tank for sea life at Marineland.

Councilman Clark inquired if the City’s Coastal Specific Plan (CSP) delineated the coastal structural setback line visa vie the coastal setback line and the rationale for the two.

Deputy Director Pfost responded that the CSP delineates the coastal setback line and the Development Code delineates the coastal structural setback line and guidance with respect to the fact that pools and spas cannot breach the coastal structural setback line.

Councilman Clark inquired if the approval of a variance for a pool on the lower bluff by the City Council would then have to be approved by the Coastal Commission, because he noted that the Coastal Commission takes a very hard look at breaching the coastal setback line for any structural development.

Director Rojas stated that it was possible that the Coastal Commission would have to approve the City’s decision. He explained that the matter before the Council was the issuance of a variance for a Coastal Permit, which could technically be appealed. He continued that if the Coastal Setback Line was being moved that was an issue that would require the approval of the Coastal Commission.

Councilman Gardiner asked if both of the setback lines ran along the coast of the City and if there had been any structures built beyond the setback line after the lines were determined.

Deputy Director Pfost stated that he would have to research the specific instances, but indicated that variances were approved most likely because the special circumstances or exceptions were that the developments themselves were already built beyond the line.

Councilman Gardiner inquired if the rules changed depending on the type of zoning and how the pool for the Long Point project was approved, because he was having difficulty determining what was considered acceptable versus extraordinary.

Director Rojas stated that the rationale for approval of the pool for the Long Point Project focused on the public amenities and visitor serving aspect. He explained that the Council has a certain amount of discretion in determining the extraordinary and exceptional circumstances and the Council previously found that the Long Point Project was unique in that it was attempting to achieve a public serving use.

Councilman Gardiner asked if the two lots on the Trump property were approved after the determination of the coastal setback and coastal structural setback lines.

Deputy Director Pfost indicated that was the case.

Councilman Gardiner stated that since the lot perimeters of the Trump property were drawn after the coastal lines were determined he felt there was no way to approve the variance since there have been no exceptions to the coastal structural setback line in RS-1 zoning since the incorporation of the City.

Councilman Stern agreed with Councilman Gardiner and inquired why the house on lot nine was not closer to the setback lines maximizing the space as indicated on lots eight and ten. He stated that there were no neighborhood compatibility issues since none of the homes were presently built. He stated that the Council strives to apply the law equally to all residents and does not consider who is giving the most benefits to the community and then give benefits back to them in return.

Mayor Wolowicz referred to circle page 30 with the original house design of 6,100 square feet and pool entirely out in the buffer zone with no appreciable difference in the pool size. He stated that the second plan illustrated the house size had been decreased approximately 2,000 to 3,000 square feet and the pool size remained the same. He suggested that perhaps there could be some creative redesign of the pool in order to accommodate a larger house on the lot. He also commented that since the formation of the city there have not been variances granted on this rule except for the Long Point project.

Councilman Gardiner asked staff if there was any precedence where the coastal structural setback line takes up half of a lot and if the Trump Organization was being treated fairly in relation to other lots.

Deputy Director Pfost stated that in the Seacove and Marguerite areas there were lots treated in the same manner.

Councilman Clark inquired if serious consideration had been given to working within the footprint without the variance putting in a spa and exercise pool as opposed to a full pool.

Mr. Stellio stated that the potential buyer was willing to accept a home of a specific size and desired a pool of the size indicated on the plan.

Councilman Stern stated that once the coastal setback lines were established the property owner had the ability to reconfigure lot sizes in order to allow 6,000 square foot houses if so desired on adjacent lots. He reiterated that there were no exceptional circumstances regarding this property to allow the approval of the variance.

David Gakenheimer, Rancho Palos Verdes, addressed the Council in support of the variance. He stated that his home was built on the seaward side of the setback line and that his home was rebuilt in the 1990’s and that the present home was much larger than the original home because there was a sound engineering and design plan.

Mayor Pro Tem Long moved approval of the staff recommendation to deny the appeal. He stated that there were four findings that had to be made for approval and that these could not be made. He stated that there were neither extraordinary nor exceptional circumstances concerning this application; there were no other cases in RS-1 zones where this right had been granted; and, finally and most convincingly, the lots could be reconfigured differently which underscored that the variance should not be granted.

Councilman Stern seconded the motion.

Mayor Wolowicz closed the public hearing.

City Attorney Lynch suggested on circle page eight, under Section Two where it reads, “… and the coastal structural setback zone as was done with other properties…” the addition of ”…in the RS-1 zone under similar conditions” since there have been possible changes.

Mayor Pro Tem Long and Councilman Stern agreed to the modification to the motion which ADOPTED RESOLUTION NO. 2006-23, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL AND THEREBY UPHOLDING THE PLANNING COMMISSION’S DECISION TO DENY THE APPLICANT’S REQUEST FOR A VARIANCE AND COASTAL PERMIT TO CONSTRUCT A SWIMMING POOL AND SPA WITHIN THE COASTAL STRUCTURE SETBACK ZONE.

The motion carried on the following roll call vote:

AYES: Gardiner, Stern, Long, Clark, Mayor Wolowicz
NOES: None
ABSTAIN: None
ABSENT: None

9:30 PAUSE TO CONSIDER REMAINDER OF THE AGENDA

Mayor Pro Tem Long moved to take a break, seconded by Councilman Gardiner.

Without objection, Mayor Wolowicz so ordered.

Recess and Reconvene:

Mayor Wolowicz recessed the meeting at 9:31 p.m. and reconvened the meeting at 9:42 p.m.

REGULAR NEW BUSINESS:

Report on Land Movement Within the Landslide Moratorium Area Outlined in Blue (a Portion of the Seaview Tract) (1801 x 1203)

Assistant City Manager/City Clerk Petru noted that late correspondence had been distributed on this item, there was a revised recommendation on the item that was previously distributed as a revised agenda, and she had eight requests to speak on the item although several of the speakers requested the donation of their time to another speaker.

Mayor Wolowicz explained that the intent of the agenda was stated in the revised agenda, noted that Council had requested more history of the zone and how it had evolved, and set a cap for speakers with donated time at a maximum of five minutes, with other speakers at three minutes.

Councilman Gardiner suggested that the ruling on the maximum of five minutes be reconsidered so that a designated speaker is allowed to speak for the total cumulative time donated by the speakers.

Mayor Wolowicz amended his suggestion at the pleasure of the Council and requested a brief summary staff report.

Director Rojas stated that staff’s recommendation was to review the City Geologist’s report on recent movement in the Klondike Canyon landslide area and the additional information provided by staff; provide staff with further direction; and, continue the matter to April 18, 2006. He stated that since the last meeting, the City Attorney had researched the rationale for the distinctions between the red and blue zones. He noted that since the last meeting, no new geotechnical information had been developed by the City Geologist, Jim Lancaster, who was unable to be present due to illness, but that Geotechnical Consultant, Matt Rogers, also present at the last meeting was available to answer any questions.

City Attorney Lynch stated that in 1978 the original ordinance was adopted imposing the landslide moratorium area, commonly referred to as the Red Zone; in July 1980, Dr. Ehlig who worked for Robert Stone and Associates (RSA) noted and brought to the attention of the City, cracking in the same area of the Seaview tract as is observed today; the City Council expanded the Moratorium Area to include basically the entire Seaview tract; and in 1982, after additional geologic work was performed in the area, the Council subsequently amended the boundaries of the Landslide Moratorium area to exclude the majority of the Seaview tract. She explained that subsequent work was performed by the Council and Klondike Canyon Landslide Abatement District in the area including de-watering wells on the beach. She stated that as a result of the work in the area, Dr. Ehlig noted the following: 1) he felt the area had been stabilized and in a 1993 memorandum stated the factor of safety was in excess of 1.5; and 2) in a 1995 memorandum after a year of heavy rainfall stated the area had held up well, there had been no movement and the area had stabilized. City Attorney Lynch noted that throughout that period of time the Council adopted the distinction between the Blue and Red areas. She reported that the recent discovery of cracking in the areas commented upon by the City Geologist undermines the assumptions upon which the previous City Council’s rulings were based, resulting in the current discussions seeking Council’s direction on how to achieve consistency between this area and other areas of the Moratorium which are experiencing land movement. She stated that the City of Ranchos Palos Verdes has been sued by a number of property owners in the Zone 2 area seeking to develop their properties; these parties have asserted that the Council has allowed development in the Blue zone while not allowing it in the Red zone; they have argued that discrepancy was one of the points upon which they are seeking action against the City; and, she recommends any action the City Council takes be consistent in the various zones and the areas be treated similarly either by making everything Red or Blue.

Councilman Gardiner re-emphasized that there is a landslide area that exists in the City and the question is how to deal with people who want to remodel or build in the landslide area. He noted the City has systematically relied upon scientists for guidance in making distinctions, if any; modifications have been made to the parameters of the Blue and Red Zones; and, further exceptions or accommodations were made based on scientific evidence relating to the factor of safety per observations made by Dr. Ehlig. Councilman Gardiner stated that based on new evidence of cracking and the factor of safety of less than 1.5, the Council must avoid undue risk, err on the side of caution, and rely on science while applying the same standard uniformly where there is land movement.

Mayor Pro Tem Long stated that they are being told the Blue Zone is now moving and inquired if the calculations have been done showing that the factor of safety outside of the area is 1.5 or more, and inquired if he would need to prove a factor of safety of 1.5 to 1 if he were to build a home anywhere in the City.

City Attorney Lynch stated that she had found no indication of a study, but that attempts had been made to map the area of the ancient landslide.

Director Rojas stated that geology reports are required for any new homes or teardowns and rebuilds in the City and that the factor of safety would be reviewed by the geologist if a known hazard exists.

Matt Rogers, Geological Consultant, stated that within the Red Zone homeowners have not been able to demonstrate a factor of safety of 1.5 to 1 and that the Blue Zone is the only area in the City where a new home can be built without the builder having to demonstrate a 1.5 to 1 factor of safety.

Mayor Pro Tem Long asked if property owners outside of the moratorium area have been unable to demonstrate a factor of safety of 1.5 to 1 and inquired if an underlying factor of safety would be required inside or outside of the landslide moratorium area.

Mr. Rogers explained that a factor of safety or geology was not specific to one lot. He explained that it would be the gross stability issue at a factor of safety of 1.5 to 1 that would have to be demonstrated in order to build in the Landslide Moratorium area; both the surficial and gross stability have to be demonstrated outside of the Moratorium area; and, neither have to be demonstrated in the Blue Zone.

Mayor Pro Tem Long stated that he was hopelessly confused and definitely need a workshop.

Councilman Stern pointed out that what the Council was striving for was consistency. He stated that three years ago, the following took place: 1) attention was paid to how the experts assessed the situation from a geological standpoint; 2) the Council accepted the factor of safety of 1.5; 3) there was no recognized standard for “not further destabilized” as in the Blue Zone at present; 4) there was a conclusion that lots could be developed but that was not based upon any recognized geotechnical standard; 5) Zone 2 had an unknown level of risk; 6) there was inadequate backup data for Dr. Ehlig’s 1993 recommendations; and, 7) Dr. Ehlig’s memorandum noted the following observations which do not appear to be accurate any longer, “the factor of safety is not an issue in the Klondike Canyon Landslide”, “the factor of safety has not been calculated because of the slide’s unconventional nature – calculations would almost certainly yield a factor of safety well above 1.5”. Councilman Stern stated that since then there has been a change in circumstances and information and the fact that residents are stating the area has appeared to be stable for 10 or 20 years is not a valid geological conclusion based upon what the experts have stated. He concluded that the Council is striving to apply the appropriate standard on a citywide basis so that all similarly situated people are treated fairly. He stated that he had optional questions for speakers to respond to if they wish, including the following: 1) What do you believe the geological standard is that should be applied for inhabitable structures? 2) If the standard you suggest is not the accepted standard of 1.5 factor of safety, what is the basis for applying a different standard? 3) Do you believe that the City should apply a standard demanding a factor of safety of 1.5 in other areas of the City but not for the area of Seaview? 4) As a government, how do we justify demanding that some owners demonstrate a 1.5 factor of safety and allow others to not meet that?

Councilman Clark stated that he is in support of holding a workshop on the issue after hearing the public speakers.

Councilman Gardiner stated that until a workshop is held he believed everything should be declared Red.

Mayor Pro Tem Long stated it was clear that one small neighborhood in the City does not apply a factor of safety of 1.5 to 1; he saw the merit of consistency and was not sure why even 600 square foot additions were allowed in the Moratorium area; he was not sure why houses with a factor of safety less than 1.0 were not red-tagged; and, agreed that a workshop was necessary and decisions regarding this area be placed on hold on a temporary basis.

City Attorney Lynch stated that the City should not red-tag homes where there was not an imminent threat that the homes were going to fall down, and that there has been consistency within the Moratorium area in that no one has been required to satisfy the 1.5 factor of safety for their 600-foot additions.

Mayor Wolowicz stated that he had posed the following four questions: 1) What statistical measurement data should be required and over what period of time? 2) What type of equipment should be used? 3) Where should it be located? 4) What criteria should be established?

Mr. Rogers stated gave the following recommendations: 1) GPS measurement points need to be of a more robust nature, such as a deeper seated measurement point that would not be affected by the expansive soils and less prone to thermal changes; 2) in areas such as the Blue Zone where the movement is in inches a year or less, it was extremely difficult to get repeatable data and he suggested that a more accurate survey method be utilized in order to obtain meaningful statistical data; 3) the data should be gathered over a few months or several years, as the more data, the better; and, 4) the use of subsurface instruments, such as inclinometers, should also be used. He stated that the definition of factor of safety is the ratio of forces driving a slope or landslide to the forces holding it there and that a 1.0 factor of safety is a perfect equilibrium, but that does not tell the rate of movement.

Mayor Wolowicz asked if there were levels of ground water known now and at the time of slippage; if there were adequate measurement wells to monitor water levels and could they be used as predictors of land movement; and, if there was adequate statistical information available on the movement of the Portuguese Bend Landslide to predict the degree of slippage in Klondike Canyon.

Mr. Rogers stated that the only measurement he was aware of was that when Dr. Ehlig and others had inserted an inclinometer casing on the beach they had an artesian condition of free flowing water that came to the surface. He stated that he was not aware of measurement wells to monitor well water levels to predict land movement but that placement of wells in Klondike Canyon would help give a better understanding of the problem. He stated that Dr. Ehlig may have been looking for a correlation between the Portuguese Bend and Klondike Canyon Landslides. Mr. Rogers reiterated that they feel the main causes of movement in Klondike Canyon are the groundwater and the interaction with the Portuguese Bend Landslide.

In response to Mayor Wolowicz’s questions regarding the cracks in Dauntless, Mr. Rogers stated that the first time they noticed the cracks there was not a water leak, distress in the pavement, or a patch in the pavement, but a couple of weeks later there was repair of the pavement noted.

Mayor Wolowicz asked what the Abatement Districts do in terms of monitoring water, movement or other slippage statistics, what steps are taken to mitigate exposure, and who is responsible for payment of costs to monitor and take action. He commented that he thought it appropriate to consider where funds would come from for improvement in the gathering of statistical information.

City Attorney Lynch stated that the Redevelopment Agency (RDA) has reimbursed the Abalone Cove Landslide Abatement District (ACLAD) for certain monies from the bonds to help towards monitoring and maintenance of some of the dewatering wells. She stated she was not sure if any money was being used by Klondike Canyon in that regard and if there was no money available there was no obligation for any of the entities to do the work. She stated that RDA monies cannot be used for maintenance purposes but instead to install improvements and that the Improvement monies can be used for maintenance. She also noted that the Abatement Districts cannot increase their fees without a majority vote of the property owners.

Mayor Pro Tem Long asked what would happen if there were no moratorium area and the same factors of safety requirements were applied to the area.

City Attorney Lynch stated it would open up the possibility for increased development, because there has not been a large gross stability analysis required in an area presumed to be stable versus an area assumed to be unstable as well as some other areas such as bluffs, slopes, etc.

Mayor Pro Tem Long asked what the factor of safety of 1.5 to 1 means to a geologist and if a factor of safety of lower than 1.0 would be uninhabitable.

Mr. Rogers explained that when a report is received for review, a geologist is looking for a factor of safety of 1.5 if it is in a condition that may be subject to slope instability. He stated that in most cases a property that has a factor of safety of less than 1.0 would be uninhabitable. He explained that the majority of homes within the Seaview Tract remain intact and that they would not recommend these properties be red-tagged unless there was a life safety hazard.

John McCarthy, Rancho Palos Verdes, Chairman of the Klondike Canyon Hazard Abatement District, stated that at the time the Abatement District was organized there were only two areas that had movement, which are the same areas that are currently being discussed. He explained the measures that the Abatement District has taken to reduce the land movement of the Klondike Canyon Landslide over the years, the affect of the rain on the landslide area, the interaction of the Portuguese Bend Landslide on the Klondike Canyon Landslide, and the sewer system installed in the Portuguese Bend Club. He reported that three important events occurred in the last year including rainfall of 36 inches, the Portuguese Bend Landslide creeping over the Klondike Canyon Landslide, and movement in the Upper Seaview area where additional GPS points were installed. He stated that the Klondike Canyon Hazard Abatement District has a five-person Board of Directors with only three individuals currently serving and requested that a City employee be appointed to the Board.

Laurie Hughes, Rancho Palos Verdes, spoke on behalf of her father, Tim Burrell, who was not able to be present. She discussed the power of the City Council to impose regulations on the different communities under its jurisdiction, Mr. Burrell’s objection to the imposition of a 600-square foot limitation on additions or remodels in the Seaview area, and the requirements for comprehensive water drainage systems as part of a remodel project.

Mauricio Arregoces, Rancho Palos Verdes, stated that the information he was presenting was a result of the research of many properties in the Seaview area. He reported that the Portuguese Bend and Klondike Canyon Landslides are different in size, rate of movement, and characteristics. He stated that the issue being wrestled with was the establishment of a standard for factor of safety in the industry. He explained that there was a lack of data patterns regarding movement in relation to rainfall in the landslide area, margins of error in the data gathered, three types of data that the GPS points measure, the factor of safety below 1.0, and his belief that the interpretation of the report does not reflect what the data illustrated for all portions of the slides. He stated that he was assured by the geologist hired by the Abatement District that measures could be taken to control the landslides in the area.

Recess and Reconvene:

Mayor Wolowicz recessed the meeting at 11:22 p.m. and reconvened the meeting at 11:29 p.m.

Councilman Gardiner encouraged Mr. Arregoces to come to the workshop that would be held in the future to discuss the many issues related to the landslides.

--------------, Rancho Palos Verdes, stated that the land movement in the Blue Zone of the Seaview area and the Klondike Canyon Landslide is totally different than the land movement present with the Portuguese Bend Landslide. He reported that he had six years of planning efforts and $50,000 invested into his home remodel project and he would like to be able to proceed with construction. He pointed out that he was not proposing to build in an area with vacant lots, and cited many houses around his property with large homes and many with swimming pools.

Mr. Tucker, reported that he has been studying the Klondike Canyon Landslide area for 14 years and has been involved in setting survey monuments and collecting survey data of and measurements of land movement outside the landslide and inside the Klondike Canyon Landslide along Dauntless Drive. He stated that the data he has collected has been compared with the data from the GPS points and it was determined that the movements in the Klondike area have virtually not changed from 1994 to 1999 was 3/16 of an inch a year and from 1999 to 2005 the land has moved ¼ to 3/16 of an inch a year, whether it rained a great deal or not. He stated that the situation with the Portuguese Bend Landslide was different in that it moves inches a year or in some cases inches a month.

Councilman Stern moved to apply the factor of safety of 1.5 to 1 as a uniform standard for application to the Blue and Red Zones of the Landslide Moratorium Area, the elimination of exception that allows additions of 600 square feet in the area, and the holding of a workshop to discuss the land movement issues. He stated that permits that have been issued for additions to this area need to be revoked until further information is attained and the issues sorted out. The motion was seconded by Councilman Gardiner.

Mayor Pro Tem Long appreciated that the motion provides consistency starting with the framework of the 1.5 factor of safety, although he was not sure the 1.5 factor of safety would ultimately end up making sense either, since structures not currently meeting the 1.5 factor of safety are not being red-tagged as uninhabitable.

City Attorney Lynch pointed out that there were differences between red-tagging a house because it is in imminent danger of falling down and causing a life safety issue and a house not achieving the 1.5 factor of safety. She stated that establishing criteria such as controlling water usage, drainage, sewage into the landslide area, and grading in the moratorium area are important actions to be taken to avoid problems in the ancient landslide area.

Councilman Gardiner stated that the Council’s decision may be temporary and perhaps after more information is known, there may be a better way to proceed, and asked for the residents to be patient because the City cannot put the residents at risk unnecessarily. He stated that he understood the frustration of the residents with approved plans who are ready to proceed with their projects that are caught in the transition.

City Attorney Lynch stated that Council has the ability to exempt people who are in different stages of the process, but she was concerned that if all the people who are in the process are exempted that would create additional difficulties.

Director Rojas suggested one option could be that all planning, building and permit fees could be refunded in those situations.

Mayor Wolowicz stated he shared everyone’s concerns, but he would not support the agreement unless there was a time factor or sunset included. He stated that he was not sure the science of geology was doing the factor of safety any justice, but perhaps there were alternatives that could surface as the result of the workshop.

Councilman Gardiner suggested utilizing general funds if additional staffing was necessary to have the issues addressed in a timely matter for the workshop. He stated that he wanted to know what distinctions could be drawn and indicators that exist, beyond the factor of safety of 1.5, to differentiate between one situation of 1.5 and another situation of 1.5, knowing that it would have to hold up in court. He stated that the problem with a landslide is that it may move along slowly and then suddenly becomes an active landslide area.

Councilman Stern endorsed trying to resolve the matter as quickly as possible. He stated the goal was to come up with a consistent approach with valid geologic distinctions if they exist.

Councilman Gardiner stated that he understood the sunset to be to hold the workshop to see what information surfaces in order to resolve the issues.

Councilman Clark left the meeting at 11:50 p.m.

Mayor Pro Tem stated that he proposed as an amendment to the motion to include a commitment to hold a workshop in sixty days.

Councilman Gardiner encouraged resident and expert participation at the workshop to share their knowledge and expertise.

City Manager Evans suggested that he had an idea of the kind of workshop the Council was looking for and the issues they would want to discuss and stated he would bring a draft to the next meeting for consideration.

Assistant City Manager/City Clerk Petru read the motion on the floor. The motion was to direct staff to prepare the necessary instruments to 1) treat the blue area with the same standards of a factor of safety of 1.5 that are applied to the red area 2) eliminate the exception that allows additions in the entire moratorium area; 3) revoke pending permits that would be impacted by the changes and depending on future actions allowing their reinstatement without the applicant having to pay additional fees; and 4) set a date for a public workshop within 60 days, to further discuss the issues including the scientific distinctions that can be drawn beyond the 1.5 factor of safety between the red and blue areas as well as the areas outside of the moratorium area as well as other factors suggested by staff and City Council, with the authorization of funding from the General Fund to provide supplemental staff assistance to accomplish the time line; and 5) continue the matter to April 18, 2006.

The motion carried on the following roll call vote:

AYES: Stern, Gardiner, Long,
NOES: Mayor Wolowicz
ABSTAIN: None
ABSENT: Clark

Councilman Gardiner made a motion to proceed with Items 20, 21 and 22 and continue again Items 23 and 24 to April 18, 2006, seconded by Mayor Pro Tem Long.

Without objection, Mayor Wolowicz declared that the motion passed, as amended.

Facility Rental at Founders Park [Continued from March 21, 2006] (1201 x 1411)

Assistant City Manager/City Clerk Petru stated that she distributed late correspondence on this item and had one request to speak from the applicant.

Senior Administrative Analyst Waters reported that there were three options in the staff report for handling rentals for wedding ceremonies at the Founders Park. He stated that the first option would be to allow no rentals at the site, consistent with policies for other unstaffed City parks, such as Del Cerro and Eastview Parks; the second option would be to have Trump National Golf Course staff schedule and coordinate the facility rental, with the City receiving a payment for each rental; and the third option would be to have City staff manage rentals. He explained that rental management of the facility would be a labor intensive process, requiring multiple phone calls and tours of the facility and that that cost of an additional staff person to handle this area would be approximately $70,000 per year with salary and benefits, while the anticipated revenue was projected to be roughly $20,000 per year. Senior Analyst Waters stated that staff researched the rates charged at ocean view public and private locations used for weddings and proposed a charge of $420 per resident and $750 per non-resident, which is higher than local public sites, but considerably lower than private locations. He stated that limitations to the rental site in order to ensure public access and maintain a natural feel to the park would include limiting rentals to one 3-hour event per day with a maximum of 300 hundred people with the area to be reserved for the event limited to one-half of the large grass oval behind the Trump National Clubhouse.

In response to Councilman Stern’s questions regarding parking accommodations for 300 guests in addition to the number of people using the golf site and Clubhouse, Sr. Analyst Waters stated that Trump National had provided the limitation of 300 hundred guests, under the assumption that they could accommodate that number for parking. He also explained that the contract as laid out for Trump National to manage the site has a 90-day out clause as well as a three-year expiration.

Mike Vandergoes, Trump National Organization, stated that he was open to suggestions on how to best manage the park and that he felt it could be best managed by Trump National staff to avoid having conflicting use of the site and to minimize the potential problems.

Vincent Stellio, Trump National Organization, explained how they could accommodate the parking issues that might arise and he stated that it would be ideal to have Trump National coordinate the events in the park since they could coordinate them in conjunction with other events on site. He suggested that the contract could be modified based on issues that might arise.

Mayor Pro Tem Long stated that the insurance requirements seemed low and he was not sure if they would apply separately to the site. He stated that he felt the insurance amount should be adjusted to $5 million per incident.

Councilman Stern moved to adopt staff recommendation No. 2, with management of facility rentals by Trump National, subject to the following: 1) changes in the agreement to the name of the entity, from Trump National to V.H. Properties; and 2) insurance requirements of $5 million per incident applied separately to the site, seconded by Councilman Gardiner.

Mayor Wolowicz stated that though Councilman Clark has left the meeting he did voice support for passive use of the park.

The motion carried on the following roll call vote:

AYES: Gardiner, Stern, Mayor Wolowicz
NOES: None
ABSTAIN: Long
ABSENT: Clark

Request to Rename Ocean Trails Drive [Continued from March 21, 2006] (1411)

City Manager Evans stated that this request had been considered in the past and when the previous discussion took place the decision was to wait until the golf course was open. He explained that the golf course was open on a temporary basis at this time, but there remained some issues to consider. He stated that the issues were the following: 1) if the name Trump should be in the name of the street; 2) if the City should insist the golf course should be renamed to something other than Trump National Golf Course at Los Angeles; 3) if the renaming of the street should wait until the permanent opening of the golf course; and 4) there were outstanding issues to resolve regarding maintenance of landscaping along the roadway.

Mayor Pro Tem Long stated that he objected to this item being on the agenda based on Policy 37.

Councilman Stern stated that he would prefer not to make a decision regarding the matter until all of the conditions are met and the permanent permit is issued for operation. He stated he had concerns regarding the fact that the site is both a public and private facility and that changing the name to Trump National Drive might give the public the perception that it is a private entrance and to a private facility. He stated that he wanted to insure that the public was always aware of the public amenities on the property and he requested that staff give input as to what could be added in the way of signage or other suggestions to make certain that the public assets of the trails and parks were acknowledged at the site entrance.

Councilman Stern moved to table the item, seconded by Mayor Pro Tem Long.

Vincent Stellio, Trump National Organization, stated that the main sign on the entrance states “Public Welcome” and that every sign on the trails show public access. He stated they would like the name of the street to reflect the name of the golf course and would like to change the name “Ocean Trails” in order to separate the site from the landslide and all of the other issues associated with the name and to aid in marketing, which has been started as Trump National at Palos Verdes Peninsula.

Mayor Wolowicz said he was concerned about the very long-term and inquired if there were other names that might be considered for the street name, other than Trump National Drive.

Councilman Stern reiterated that he would like to have the issue of the street naming return after Trump National receives its final permit to operate the golf course permanently.

Mayor Wolowicz asked if Councilman Stern thought it would be appropriate to say that the name change would be accepted effective upon the items being addressed.

City Attorney Lynch stated that a resolution would have to be brought back for approval since that is a requirement for a street name change.

Councilman Gardiner moved to conceptually approve changing the name of Ocean Trails Drive to Trump National Drive subject to: 1) Satisfaction of all conditions of approval for permanent opening of the golf course; 2) Installation of additional signage, if any, as staff may at the discretion of the Planning Director, determine what is appropriate for the entry of the Trump National property to suitably notify the public of the availability of Founders Park; and 3) The receipt of a letter officially confirming the change of the name of the golf course from Trump National Golf Course Los Angeles to Trump National Golf Course Palos Verdes Peninsula, seconded by Councilman Stern.

The motion carried on the following roll call vote:

AYES: Stern, Gardiner, Mayor Wolowicz, Long
NOES: None
ABSTAIN: None
ABSENT: Clark

Appointment to the Traffic Safety Commission (106 x 1502)

Mayor Wolowicz expressed his appreciation to the three candidates for their time and willingness to appear before the Council for an interview for the open position on the Traffic Safety Commission.

Councilman Stern voted for Craig Bilezerian. Mayor Pro Tem Long voted for Craig Bilezerian. Mayor Wolowicz voted for Craig Bilezerian. Councilman Gardiner voted for Henry Ott.

Assistant City Manager/City Clerk reported that Craig Bilezerian had three votes and would be appointed to the Traffic Safety Commission for a term of office until February 2007.

City Manager Succession Plan [Continued from March 21, 2006] (1101)

Continued to April 18, 2006.

Traffic Signal Priority List [Continued from March 21, 2006] (1503 x 1204)

Continued to April 18, 2006.

COUNCIL DISCUSSION OF FUTURE AGENDA ITEMS & SUGGESTION OF FUTURE AGENDA ITEMS:

None.

CLOSED SESSION REPORT: City Attorney Lynch reported that no action was taken regarding the Monks item; and with respect to the Kay appeal the Council unanimously provided direction to Counsel to pursue on appeal.

ADJOURNMENT:

Mayor Pro Tem Long moved to adjourn.

Mayor Wolowicz adjourned the meeting at 1:30 A.M. to 6:45 P.M. on April 18, 2006 in the Fireside Room at Hesse Park to interview candidates for Chair of the Traffic Safety Commission.

/s/ Thomas D. Long
Mayor
Attest:

 

/s/ Carolynn Petru
City Clerk