CC MINS 20110621 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JUNE 21, 2011
The meeting was called to order at 6:00 P.M. by Mayor Long at Fred Hesse Community
Park, 29301 Hawthorne Boulevard, and was immediately recessed into Closed Session.
The meeting reconvened at 7:48 P.M.
City Council roll call was answered as follows:
PRESENT: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
ABSENT: None
Also present were: Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager;
Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information Technology
(IT); Joel Rojas, Community Development Director; Tom Odom, Director of Recreation
and Parks/Deputy Director of Public Works; Kathryn Downs, Deputy Director of
Finance/IT; Ara Mihranian, Deputy Community Development Director; Nicole Jules,
Senior Engineer; Leza Mikhail, Associate Planner; Eric Mausser, Human Resources
Manager; Lauren Ramezani, Senior Administrative Analyst; Judy Huey, Senior
Administrative Analyst; Holly Starr, Recreation Services Manager; and Carla Morreale,
City Clerk.
FLAG SALUTE:
The Flag Salute was led by Renee Cartwright, President, Los Serenos de Pt. Vicente
Docents.
MAYOR'S ANNOUNCEMENTS:
Mayor Long thanked and presented a proclamation to Jon Cartwright for his many years
of volunteer service to the residents of the City and his distinguished achievements as
President of the Rancho Palos Verdes Council of Homeowners Associations (CHOA).
Mr. Cartwright thanked Council for the recognition and support over the years to CHOA
and acknowledged the efforts of the CHOA Board and members of the organization.
Mayor Long announced that Terranea Resort General Manager Terri Haack was
recently honored by receiving the General Manager of the Year Award by the American
Hotel and Lodging Association in Atlanta, Georgia.
RECYCLE DRAWING:
City Council Minutes
June 21, 2011
Page 1 of 18
Mayor Long announced Recyclers of the Month from the June 7, 2011 City Council
meeting: Henry De Cambra and Sam Kraus. He indicated that all winners receive a
check for $250 representing a year of free refuse service and urged everyone to
participate in the City's Recycling Program.
APPROVAL OF THE AGENDA:
Councilman Stern moved, seconded by Councilman Wolowicz, to approve the agenda.
Without objection, Mayor Long so ordered.
PUBLIC COMMENTS: (For Items not on the Agenda)
Lois Karp, Rancho Palos Verdes, stated that Marymount College was out of compliance
with their Conditional Use Permit (CUP) by allowing the operation of a Day Camp by the
Peninsula Bay Cities (PBC) on its campus during the summer. She noted that she
would like a response from staff regarding this issue.
Community Development Director Rojas stated that the issue was being investigated by
Code Enforcement staff and a response would be forthcoming later in the week.
George Zugsmith, Rancho Palos Verdes, stated that the PBC Day Camp is using the
Marymount College campus as a swim club for participants from ages 4 to 14, does not
pertain to higher education, and could possibly be commercial in nature, which is a
violation of the CUP.
CITY MANAGER REPORT:
Deputy City Manager Petru provided a report on the recent conveyance of the Marilyn
Ryan Sunset Point Park and Trump Beach properties from VH Properties to the City.
She noted Trump National would continue maintenance of the Marilyn Ryan Sunset
Point Park, and the City was investigating the provision of signage and trash
receptacles at the beach, as well as lifeguard and Park Ranger services.
City Manager Lehr announced that RPV N Producer Maria Serrao and Station
Manager Mark Doddy received two Telly Awards for 2011 for videos regarding the
following: 1) ASAP Sheriff Squad Car; and, 2) Playing the Field.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Council Minutes
June 21, 2011
Page 2 of 18
City Clerk Morreale reported that there was late correspondence distributed prior to the
meeting regarding Item F (Approval of a One Year License Agreement between the City
and the Portuguese Bend Cooperative Nursery School); Item J (Contract Amendment
No. 2 for the Environmental Review of the Proposed Point View Agriculture, Golf
Course and Event Garden Master Plan Project); and, Item K (Agreement with the City of
Palos Verdes Estates for Radio Transmission /Receiver Antennas and Equipment at
Rancho Palos Verdes City Hall). She added that there was one request to speak
regarding Item L (Adoption of Ordinance No. 522 — Increased UPCCAA Informal Bid
Limit).
Mayor Long noted that pursuant to the Rules of Procedure, as there is a request to
speak on Item No. L, it would be heard immediately after the Consent Calendar.
Councilman Wolowicz moved, seconded by Councilman Stern, to approve the Consent
Calendar with Item L removed and placed immediately after the Consent Calendar.
The motion passed on the following roll call vote:
AYES:
Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES:
None
ABSENT:
None
ABSTAIN:
None
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 Minutes
Approved the Minutes of the May 17, 2011 Regular Meeting.
2011 Five -Year Capital Improvement Plan
Adopted the 2011 Five -Year Capital Improvement Plan (CIP).
2011 Five -Year Financial Model
1) Approved the 2011 Five -Year Financial Model (2011 Model); and, 2) Determined that
the utility users' tax (UUT) rate of 3% continues to be a necessary General Fund
revenue source, and that the current rate of 3% should be maintained.
Annual Appropriation Limit for FY11 -12
City Council Minutes
June 21, 2011
Page 3 of 18
ADOPTED RESOLUTION NO. 2011-37, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, ESTABLISHING THE CITY'S
APPROPRIATION LIMIT FOR FY11-12.
Approval of a One Year License Agreement between the City and the Portuguese
Bend Cooperative Nursery School
Approved and authorized the Mayor to execute the agreement between the City and the
Portuguese Bend Cooperative Nursery School.
Notice of Completion — Power Generator System Installation Project at Point
Vicente Interpretive Center (PVIC) and Hesse Park
1) Accepted the project as complete; 2) Authorized the City Clerk to file a Notice of
Completion with the County Recorder; and if no claims are filed within 35 days after
recordation, and upon the contractor posting an acceptable warranty bond, notice the
surety company to exonerate the Payment and Performance Bonds; and, 3) Authorized
the Director of Public Works to release the 10% retention payment in the amount of
$15,078.83 to Best Electric, Inc. 35 days after recordation of the Notice of Completion
by the County Recorder contingent upon no claims being filed on the project, and the
contractor posting an acceptable warranty bond.
One-Year Extension of the Contract with Federal Advocates, Inc. for Federal
Advocacy Services Related to the San Ramon Canyon Stabilization Project
Authorized the Mayor and City Clerk to sign the agreement with Federal Advocates,
Inc., thereby mutually agreeing to a 1-year extension of the existing Professional
Services Agreement through FY 2011-12.
Register of Demands
ADOPTED RESOLUTION NO. 2011-38, 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.
Contract Amendment No. 2 for the Environmental Review of the Proposed Point
View Agriculture, Golf Course and Event Garden Master Plan Project
Authorized the Mayor and the City Clerk to sign Amendment No. 2 to the professional
services agreement with PCR Services Corporation for an additional amount not to
exceed $14,812 to complete a new noise study as part of the environmental review of
the Point View Agriculture and Golf Course Master Plan Project on property located at
City Council Minutes
June 21, 2011
Page 4 of 18
6001 Palos Verdes Drive South (known commonly as the Point View property), which
will be paid for by the applicant (York Point View Properties, LLC).
Agreement with the City of Palos Verdes Estates for Radio Transmission/
Receiver Antennas and Equipment at Rancho Palos Verdes City Hall
1) Approved the Agreement between the City of Rancho Palos Verdes and the City of
Palos Verdes Estates for the installation and use of radio transmission/receiver
equipment at the Rancho Palos Verdes' City Hall; and, 2) Authorized the Mayor and
City Clerk to execute the Agreement.
Adoption of Ordinance No. 522 — Increased UPCCAA Informal Bid Limit
This item was removed from the Consent Calendar for separate consideration.
Program Supplement Agreement No. NO10 for Palos Verdes Drive South Bikeway
Safety Improvements
Approved the Program Supplement Agreement No. NO10 for the Palos Verdes Drive
South Bikeway Safety Improvement project; and, 2) ADOPT RESOLUTION NO. 2011-
39, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. NO10 FOR
PARTIAL FEDERAL FUNDING OF THE PALOS VERDES DRIVE SOUTH BIKEWAY
SAFETY IMPROVEMENT PROJECT.
Approve Contract for Professional Services with KOA Corporation/CBM
Consulting - San Ramon Canyon Project
1) Awarded a contract for Professional Services to KOA Corporation/CBM Consulting
for an amount up to $70,000 for Project Management services for the San Ramon
Canyon Storm Drain Project; and, 2) Authorized the Mayor and City Clerk to execute a
contract for Professional Services with KOA Corporation/CBM Consulting for an amount
not to exceed $70,000.
Water Quality and Flood Protection Program —Public Hearing for Annual User Fee
Rate FY11-12
ADOPTED RESOLUTION NO. 2011-40, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, DESIGNATING A TIME AND PLACE FOR
HEARING PROTESTS IN CONNECTION WITH THE PROPOSED LEVY OF THE
ANNUAL STORM DRAIN USER FEE FOR FISCAL YEAR 2011-12.
November 8, 2011 General Municipal Election
1) ADOPTED RESOLUTION NO. 2011-41, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, CALLING FOR THE
City Council Minutes
June 21, 2011
Page 5 of 18
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2011, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING
TO GENERAL LAW CITIES; 2) ADOPTED RESOLUTION NO. 2011-42, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF SAID
CITY TO BE HELD ON NOVEMBER 8, 2011 WITH THE SCHOOL DISTRICT AND
LIBRARY DISTRICT ELECTIONS TO BE HELD ON SAID DATE PURSUANT TO
SECTION 10403 OF THE ELECTIONS CODE; and, 3) ADOPTED RESOLUTION NO.
2011-43, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2011.
Unclaimed Deposits
Approved the transfer of$26,708.56 from the Trust Deposits Excess Funds account to
the General Fund.
# # # # # # #
ITEM REMOVED FROM THE CONSENT CALENDAR:
Adoption of Ordinance No. 522 — Increased UPCCAA Informal Bid Limit
City Attorney Lynch provided a brief summary report regarding this item.
Ken Dyda, Rancho Palos Verdes, stated that he was not in favor of the City adopting an
ordinance that allows an oral bid process for contracts between $30,000 and $175,000.
He noted that he was in favor of a procedure requiring written documentation
associated with bids for contracts in this price range.
Discussion ensued between Council Members and staff.
Councilman Wolowicz moved, seconded by Councilman Stern, to ADOPT ORDINANCE
NO. 522, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING
SECTION 2.42.050 OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO
INCREASE THE INFORMAL BID LIMIT AS PERMITTED BY THE STATE AND
REMOVE THE INFORMAL BID LIMIT EXCEPTION.
The motion passed on the following roll call vote:
City Council Minutes
June 21, 2011
Page 6 of 18
AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC HEARINGS:
Adoption of the City Budget and Employee Salary Ranges for Fiscal Year 2011-12
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests received, late correspondence distributed prior to the meeting, and
there was one request to speak on this item.
Deputy Director of Finance/IT Downs provided a brief staff report regarding this item.
Mayor Long declared the public hearing open.
Sharon Yarber, Rancho Palos Verdes, stated that she was not in favor of any increase
in employee salaries or salary ranges.
Mayor Long declared the public hearing closed.
Councilman Stern moved, seconded by Mayor Long, to adopt the City Budget and
Employee Salary Ranges for Fiscal Year 2011-2012.
Mayor Pro Tem Misetich stated that regarding the adoption of the budget, he was in
favor of the replacement of the oven and hood in the Hesse Park kitchen for Code
compliance, but not in favor of the full $35,000 expenditure.
Councilman Campbell reported that at the last meeting he voted in favor of the budget,
but was not in favor of the merit pay and Cost of Living Allowance (COLA) increase for
the employees.
Mayor Long noted that there would be a split vote for the kitchen expenditure of$35,000
and the merit pay and COLA increase for the employees.
Mayor Long declared the public hearing closed.
Mayor Long stated that the first vote would be regarding the expenditure of$35,000 for
Hesse Park kitchen improvements. He noted that a yes vote was in favor of the
expenditure of$35,000 for the kitchen improvements and a no vote was opposed.
The motion passed on the following roll call vote:
City Council Minutes
June 21, 2011
Page 7 of 18
AYES: Stern, Wolowicz, and Mayor Long
NOES: Campbell and Misetich
ABSENT: None
ABSTAIN: None
Mayor Long stated that the next issue to be voted on was regarding the salary
increases as set forth in the budget; he noted a yes vote was in favor of the salary
increases, and a no vote was opposed.
The motion passed on the following roll call vote:
AYES: Stern, Wolowicz, and Mayor Long
NOES: Campbell and Misetich
ABSENT: None
ABSTAIN: None
Mayor Long stated that the final vote was on the adoption of the City Budget and
Employee Salary Ranges for Fiscal Year 2011-12, as a whole.
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: None
ABSTAIN: None
Citywide Landscaping and Lighting Maintenance District
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests received, and there were no requests to speak on this item.
Mayor Long declared the public hearing open.
Councilman Stern moved to waive the staff report.
Without objection, Mayor Long so ordered.
As there were no requests to speak regarding this item, Mayor Long declared the public
hearing closed.
Councilman Stern moved, seconded by Councilman Wolowicz, to adopt the staff
recommendation to: 1) Conduct a public hearing on proposed levy and collection of
assessments within the Citywide Landscaping and Lighting Maintenance District for
Fiscal Year 2011-2012 and the Engineer's Report prepared in connection therewith;
City Council Minutes
June 21, 2011
Page 8 of 18
and; 2) ADOPT RESOLUTION NO. 2011-44, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, MAKING CERTAIN FINDINGS AND
CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 2011-12 FISCAL YEAR
CONNECTION WITH THE CITYWIDE LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING
ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND
HIGHWAYS CODE.
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: None
ABSTAIN: None
Residential Solid Waste and Recycling Rate Adjustment for EDCO Disposal
Corporation for FY11-12
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests received, and there were no requests to speak on this item.
Senior Administrative Analyst Ramezani provided a brief staff report.
Mayor Long declared the public hearing open.
There were no requests to speak.
Mayor Long declared the public hearing closed.
Councilman Stern moved, seconded by Councilman Wolowicz, to: 1) Approve the
maximum permissible rates that EDCO Disposal Corporation can charge single-family
and multi-family customers in FY 11-12; and, 2) Increase the City's FY 11-12 Collector
and Environmental Fees, paid by EDCO, by $16,835 and $4,255, respectively.
The motion passed on the following roll call vote:
AYES: Stern, Wolowicz, and Mayor Long
NOES: Campbell and Misetich
ABSENT: None
ABSTAIN: None
Residential Solid Waste and Recycling Rate Adjustment for Universal Waste
Systems, Inc. FY11-12
City Council Minutes
June 21, 2011
Page 9 of 18
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests received, and there were no requests to speak on this item.
Mayor Long declared the public hearing open.
Senior Administrative Analyst Ramezani provided a brief staff report.
There were no requests to speak.
Mayor Long declared the public hearing closed.
Councilman Stern moved, seconded by Councilman Wolowicz, to: 1) Approve the
maximum permissible rates that Universal Waste Systems, Inc. can charge single-
family automated curbside customers in FY 11-12. These maximum rates to match
EDCO Disposal Corporation's single-family automated carts maximum rates;
2) Approve the maximum permissible rates that Universal Waste Systems, Inc. can
charge multi-family, manual backyard and manure customers in FY 11-12; and,
3) Match Universal Waste Systems, Inc.'s distribution of Collector Fee and
Environmental Fee percentages among City funds, to EDCO Disposal Corporation's
approved distribution percentages.
The motion passed on the following roll call vote:
AYES: Misetich, Stern, Wolowicz, and Mayor Long
NOES: Campbell
ABSENT: None
ABSTAIN: None
Terranea Resort and Spa —6 Month Review of Conditions of Approval and an
Amendment to the Public Amenities Plan to Allow the Installation of a Pelican
Sculpture at the Public Park
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests were included in the staff report and late correspondence distributed prior to
the meeting, and there were 10 requests to speak on this item.
Deputy Community Development Director Mihranian provided a staff report regarding
the item.
Discussion ensued between Council Members and staff.
Mayor Long declared the public hearing open.
City Council Minutes
June 21, 2011
Page 10 of 18
Bob Mucha, Rancho Palos Verdes, stated that there should be no wildlife habitat in the
median and curbside roadway sections from Terranea Way to the east end of the
Fisherman's Access Parking Lot; the wildlife migration path is a narrow funnel area
flanked by the west end of Terranea Golf Course and the east end of the Fisherman's
Access Parking Lot; and although the Coastal Commission condition states that the
plant species are to be predominantly coastal sage scrub plants, that could include a
mix of sage and deer grass.
Bob Lowe, Rancho Palos Verdes, stated that Terranea Resort was pleased and proud
of the two-way partnership with the City and residents of the entire Peninsula, noting
that Terranea Resort supports multiple community organizations and many local
charities. He reported that Terranea Resort has benefited from the partnership with the
community, and during the initial two-year period has paid $5 million in Transient
Occupancy Tax and approximately $1 million in additional taxes to the City. He
continued that as reflected in the staff report, there have been almost no issues
regarding the operating conditions of Terranea, and noted that Terranea supports the
biologist's recommendations regarding the coastal sage scrub native habitat along
PVDS, but will comply with Council decision regarding that matter. He reported that he
appreciated the City's cooperation in allowing Terranea's associates the use of the City
parking lot on a few occasions each year when parking issues arise due to activities at
the Resort. He reported on the recognition, multiple awards, and the Four Diamond
Rating by Automobile Club of Southern California (AAA) received by Terranea Resort
for its hotel facility and golf course.
Dave Emenhiser, Rancho Palos Verdes, President, Sea Bluff Homeowners Association
(HOA), stated that he was present to speak in support of the Terranea Resort, and
highlighted various examples regarding Terranea Resort's cooperation as a good
neighbor.
Sharon Yarber, Rancho Palos Verdes, stated that she supports the enhancement of
Terranea Resort to the community and inquired if the Coastal Commission has weighed
in on the botanist's recommendations regarding the adequate height and density of the
coastal sage scrub plants.
Deputy Community Development Director Mihranian noted that the Coastal Commission
is in agreement with the biologist's recommendations.
Bob Nelson, Rancho Palos Verdes, stated that his HOA is a neighbor of Terranea
Resort and suggested that Council consider the use of the Palos Verdes Peninsula
Land Conservancyon an annual basis to review the height of the native plants to
determine if there are view obstructions caused by the habitat.
Edward Stevens, Rancho Palos Verdes, stated that the coastal sage shrubbery will
block the view of the Terranea Resort and the ocean and suggested that a second
City Council Minutes
June 21, 2011
Page 11 of 18
biologist be consulted regarding the height of the native plants. He opined that birds will
not migrate across the busy street or nest in that area due to the traffic of automobiles,
bicycles and pedestrians. He read from the Coastal Commission general provisions
regarding the maintenance of views through the view corridors and suggested a
continuance of the matter for additional research.
Lenee Bilski, Rancho Palos Verdes, requested a continuance of the item to allow further
time for the public to comment on the height of the habitat and conditions of approval for
the development. She stated that the general provisions of the Coastal Commission
conditions noted that planting will maintain views from PVDS along the bluffs through
the view corridors, the landscape plan could be revised, and there were approximately
100 varieties of coastal sage scrub.
Al Sattler, Rancho Palos Verdes, stated that the height of the natural habitat in the
PowerPoint slides seems to only obstruct the view of the Terranea Resort and not the
ocean and commented on possible times and height of trimming of the coastal sage
scrub.
RECESS AND RECONVENE:
Mayor Long called a brief recess from 9:27 P.M. to 9:35 P.M.
Discussion ensued between Council Members and staff.
Councilman Wolowicz moved, seconded by Councilman Stern, to: 1) Receive and file
the 6-month review of the compliance and adequacy of the Council adopted Conditions
of Approval for the Terranea Resort and Spa with direction to the applicant to take the
following actions: a) Install additional trail markers along the Bluff Top Trail and b) Install
additional trail markers along the Bluff Top Trail; and, b) Install an additional mutt mitt
station at the trail entry point of Nantasket Drive; 2) Direct Staff to bring back a
Resolution for adoption at its July 5, 2011 meeting amending Condition No. 100 to
increase the maximum permitted height of vegetation along Palos Verdes Drive South
from 1-foot to 30-inches; amending Condition Nos. 78 and 79 to establish a time period
for trimming the vegetation along Palos Verdes Drive South; and making any other
amendments to the conditions of approval directed by the City Council as a result of this
6-month review; and, 3) Approve, via minute order, an amendment to the Council
adopted Public Amenities Plan to allow the installation of a Pelican Sculpture donated to
the Palos Verdes Peninsula Land Conservancy by the Ginsburg family at the Terranea
public park adjacent to the Fishing Access Parking Lot.
Mayor Pro Tem Misetich requested a split vote on the motion regarding the height of the
habitat.
City Council Minutes
June 21, 2011
Page 12 of 18
Mayor Long offered a friendly amendment to adopt staff recommendation regarding the
height of the native habitat to be at 30 inches with a review of the condition after 1 year.
The maker and seconder of the motion accepted the friendly amendment.
Mayor Pro Tem Misetich stated that he would like a split vote on the motion regarding
the height of the native habitat to be no higher than 24 inches to maintain a better view
corridor.
Mayor Long declared the public hearing closed.
Mayor Long reiterated the first motion as the adoption of staff recommendation No. 2
regarding the height of the native habitat to be at 30 inches with a review of the
condition after 1 year.
The motion passed on the following roll call vote:
AYES: Campbell, Stern, Wolowicz, and Mayor Long
NOES: Misetich
ABSENT: None
ABSTAIN: None
The motion regarding staff recommendation Nos. 1 and 3 passed on the following roll
vote:
AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: None
ABSTAIN: None
City Attorney Lynch added that a resolution commemorating Council's action will be
placed on the next Council agenda.
REGULAR BUSINESS:
Code Amendment Initiation Request to Allow Ancillary Residential Use
within Commercial Zoning Districts (Case No. ZON2011-00089); Applicant: Paris
Zarrabian (Golden Cove Center); Property Address: Citywide
City Clerk Morreale reported that there was one request to speak regarding this item.
Associate Planner Mikhail presented a staff report regarding the item.
City Council Minutes
June 21, 2011
Page 13 of 18
Discussion ensued between Council Members and staff.
Nelson Coronado, Property Manager, Golden Cove Center, LLC, Rancho Palos Verdes,
stated the owners have requested the ability to create the ancillary residential units due
to poor visibility of the spaces, concerns regarding vacant commercial space pertaining
to vandalism and safety at the area, and difficulty in staff finding affordable housing in
the area.
Ken Dyda, Rancho Palos Verdes, suggested that the Council consider the option of a
residential overlay district for a specific commercial area so that this use would not have
to apply citywide.
Discussion ensued between Council and staff.
Councilman Wolowicz moved, seconded by Mayor Pro Tem Misetich, directed staff to
initiate the proposed Code Amendment Request, as amended, to draft an ordinance
that would allow ancillary residential uses within commercially zoned properties through
the discretionary review and approval of a Conditional Use Permit (CUP), and create
the necessary Ancillary Residential Development Standards within Title 17 (Zoning) of
the RPV Municipal Code, including the following: 1) limiting the amount of ancillary
residential use to 5 percent of the total building square footage; 2) provisions included
for apartment housing, but not allowing hotel or transient use; 3) provisions for the units
to be counted towards meeting the City's Regional Housing Needs Assessment
requirement; and, 4) a provision to limit the ancillary residential use to locations not
directly facing a street.
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: None
ABSTAIN: None
RECESS AND RECONVENE:
Mayor Long called a brief recess from 10:24 P.M. to 10:32 P.M.
Annenberg Project at Lower Point Vicente— Project Status Update
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were 14 requests to speak regarding this item.
City Council Minutes
June 21, 2011
Page 14 of 18
Deputy Community Development Director Mihranian provided a staff report regarding a
status update for the Annenberg Project at Lower Pt. Vicente.
Discussion ensued between Council Members and staff.
Cinthia Joyce, stated that she was in support of enhancing the Pt. Vicente Interpretive
Museum with the addition of the gift that the Annenberg Foundation is offering to the
City. She stated that the buildings will be beautiful, unobtrusive, and will offer
educational benefits to the community.
Andrea Sala, stated that she is in support of the Annenberg Project, and that the project
would be a wonderful benefit to the community.
Vic Quirarte, Rancho Palos Verdes, stated that he has long been a proponent of the
Annenberg Project, and 8 years ago the Council approved a project including exhibits of
a Tonga village, a geology area, and an anthropology dig at the site. He concluded that
with the addition of the Annenberg Project, the City will be second to none in Southern
California for such a venue.
Kirk Retz, Rolling Hills Estates, stated he was in favor of the project and that the
Annenberg has been willing to listen to the community, Office of Grants and Local
Services (OGALS) and National Park Service (NPS) and has modified the project.
Mary Jane Schoenheider, Palos Verdes Estates, stated that she continues to support
the Annenber g Project at Lower Pt. Vicente Interpretive Center, noting that the
opportunity of educational aspects, watershed management improvements, and
recreational facility including walking trails, noting that the Project enhances the open
space area at Pt. Vicente.
Pam Crane, Rolling Hills, stated that she was in support of the Annenberg Project as an
enhancement of the site and to the community.
Sharon Yarber, Rancho Palos Verdes, stated that she was opposed to the Annenberg
Project and noted that staff was directed to submit a formal application for this project to
OGALS and NPS including California Environmental Quality Act (CEQA) studies and
that action has not taken place.
Marilee Tadler, Rancho Palos Verdes, stated that she has not been involved in City
business in the past 30 years, was not in favor of the Trump or Terranea Project, but
now enjoys the sites and plans to be involved in the Annenberg Project.
Valerie Blitz, Rancho Palos Verdes, stated that she desires that the Council initiate a
vote as soon as possible to determine that the Annenberg Proposal does not comply
with the City's General Plan and terminate the proposal for Lower Pt. Vicente.
City Council Minutes
June 21, 2011
Page 15 of 18
Lenee Bilski, Save Lower Pt. Vicente, Rancho Palos Verdes, stated that she opposes
the Annenberg Proposal at Lower Pt. Vicente and noted that three governmental
agencies have serious concerns regarding the Annenberg Project as it threatens the
park at Lower Pt. Vicente. She read from a publication of Defensive Place, an
organization which opposes the Annenberg Project.
Holly Cain, Rancho Palos Verdes, stated that the Annenberg Project is a fine project,
but that Lower Pt. Vicente was not the proper location for the Project, as the Project is in
conflict with the longstanding restrictions that exist with the property.
Robert Uram, Attorney, Sheppard, Mullin, Richter & Hampton, LLP, Annenberg
Foundation, stated that he has been working with OGALS and NPS to explore the legal
requirements regarding the Park Service approval process and focus on the Program of
Utilization, the Land and Water Conversation Fund, and the National Environmental
Policy Act (NEPA) process. He discussed the possible options for consideration during
the review process.
Councilman Campbell moved, seconded by Mayor Pro Tem Misetich, to receive and file
a status update on the current discussions with the Office of Grants and Local Services
(OGALS) and the National Park Service (NPS) on the potential filing of a future
application for the proposed Annenberg Project at Lower Point Vicente.
Without objection, Mayor Long so ordered.
FY 11-12 Los Angeles County Sheriffs Contract
Deputy City Manager Petru provided a staff report regarding this item.
Discussion ensued between Council Members and staff.
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Ken Dyda, Rancho Palos Verdes, stated that if the accounting process has been
corrected for the Regional Sheriff traffic tickets and included in the current budget, he
opined the additional funds should be used for an extra Sheriff Deputy.
Tom Redfield, R & R Coalition, Rancho Palos Verdes, commented on the remarkable
accomplishments of the City having a dedicated traffic Sheriff Deputy, noted the Sheriff
Department was in the state of flux with many changes, and that the staff should be
directed to analyze the Sheriff costs while continuing to focus on traffic enforcement and
safety of the City.
City Council Minutes
June 21, 2011
Page 16 of 18
Council and staff discussion continued.
Councilman Stern moved, seconded by Mayor Pro Tem Misetich, to approve staff
recommendation to: 1) Authorize the Mayor to sign the FY 11-12 Law Enforcement
Services Agreement for the Peninsula Region (Rancho Palos Verdes, Rolling Hills, and
Rolling Hills Estates); and, 2) Authorize the City Manager to sign the FY 11-12 Rancho
Palos Verdes Deployment Survey with the Los Angeles County Sheriff's Department.
Councilman Wolowicz moved a substitute motion, seconded by Councilman Campbell,
to add a fourth regional Sheriff or exclusive traffic deputy in the FY11-12 Budget.
The substitute motion failed on the following roll call vote:
AYES: Campbell and Wolowicz
NOES: Misetich, Stern and Mayor Long
ABSENT: None
ABSTAIN: None
The main motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: None
ABSTAIN: None
Council Direction regarding Request to Schedule Future Agenda Items on
Various Policy Matters
Councilman Campbell provided a brief oral staff report regarding this item. He stated
that he would like the following topics agendized for Council discussion: 1) Holding off
on the recruitment of vacant staff positions until the new Pension Program is in place; 2)
Review of the every other Friday off Policy to determine if it is in the best interest of the
residents; and, 3) Detailed contingency plan for hot weather or waterline breaks in case
there is a need for a short term relocation. He noted that he withdrew his suggestion
regarding Pension Revision since that item was coming forward soon.
Discussion ensued between Council Members and staff.
Via Minute Order, Council provided direction to staff to: 1) Agendize the topic of a
deferral of recruitment for currently vacant staff positions; and, 2) Directed Councilman
Campbell to meet with the City Manager and senior staff regarding the following issues:
a) Review of the every other Friday off policy; and, b) Detailed contingency or short term
relocation plan for hot weather or other City Hall emergencies.
City Council Minutes
June 21, 2011
Page 17 of 18
CITY COUNCIL ORAL REPORTS:
Each of the Council Members reported on his attendance at various organization and
association meetings since the last City Council Oral Reports were provided on June 7,
2011, except for Councilman Campbell who noted he would submit his report in writing.
CLOSED SESSION REPORT:
City Attorney Lynch reported on the following Closed Session items: 1) With respect to
the first item regarding the Monks and Enstedt cases, a report was provided and no
action taken; and, 2) With respect to the second item regarding the City Manager's
Performance Evaluation, Council discussed the evaluation and unanimous direction
was given to the City Attorney to prepare an amendment to the City Manager's
agreement, with all Council Members present.
ADJOURNMENT:
At 12:28 A.M., Mayor Long adjourned the meeting.
Mayor
Attest:
j ,
Clerk
W:\City Council Minutes\2011\20110621 CC MINS.doc
City Council Minutes
June 21, 2011
Page 18 of 18