CC MINS 20110705 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JULY 5, 2011
The meeting was called to order at 6:15 P.M. by Mayor Pro Tern Misetich at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into
Closed Session. Mayor Long reconvened the meeting at 7:03 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; Torn Odom, Director of Recreation
and Parks/Deputy Director of Public Works; Amy Trester, Associate Planner; Leza
Mikhail, Associate Planner; Eric Mausser, Human Resources Manager; and Carla
Morreale, City Clerk.
Also present was Planning Commission Chair David Tomblin.
FLAG SALUTE:
The Flag Salute was led by Councilman Campbell.
MAYOR'S ANNOUNCEMENTS:
None.
RECYCLE DRAWING:
Mayor Long announced Recyclers of the Month from the June 21, 2011 City Council
meeting: Barbara Wilder and Darrell Floyd. 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:
Mayor Pro Tem Misetich moved, seconded by Councilman Stern, to approve the
agenda.
Without objection, Mayor Long so ordered.
City Council Minutes
July 5, 2011
Page 1 of 13
PUBLIC COMMENTS: (For Items not on the Agenda)
Richard Hess, Rancho Palos Verdes, stated that he received a copy of the Civic Center
Asessment, noting that it did not answer his questions and suggested the need for more
studies. He stated that the basic question is whether or not the existing buildings are
structurally sound and can be reused.
City Manager Lehr reported that the Civic Center Assessment Report was released at
the request of the Council and noted the document was not intended to stand on its own
and needs to be considered with other complementing reports, which are still being
finalized.
CITY MANAGER REPORT:
Director of Recreation and Parks Odom provided a recap of the City's successful 4t" of
July Celebration held at City Hall.
City Manager Lehr provided a status update regarding the San Ramon Canyon Project.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding Item C (Terranea Resort and Spa— Revision "P" to Conditional Use
Permit No. 215, et.al.) and there was one request to speak regarding that item.
Mayor Long requested that Item D (City Investment Policy— FY11-12) be removed from
the Consent Calendar for separate consideration.
Councilman Campbell requested that Item H (Memorandum of Understanding with
NextG Networks) be removed from the Consent Calendar for separate consideration.
Mayor Long noted that pursuant to the Council Rules of Procedure, as there is a
request to speak on Item C, it would be placed immediately after the Consent Calendar,
and Items D and H would be placed after Regular Business items.
Councilman Stern moved, seconded by Councilman Wolowicz, to approve the Consent
Calendar with Items C, D, and H removed for separate consideration.
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
City Council Minutes
July 5, 2011
Page 2 of 13
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 June 7, 2011 Regular Meeting.
Terranea Resort and Spa — Revision "P" to Conditional Use Permit No. 215, et.al.
This item was removed from the Consent Calendar for separate consideration.
City Investment Policy— FY11-12
This item was removed from the Consent Calendar for separate consideration.
Los Angeles County Department of Public Health, Division of Chronic Disease
and Injury Prevention Grant Proposal for the Public Prevention Health Fund:
Community Transformation Grants
Authorized the Mayor to sign the draft letter of support for the Los Angeles County
Department of Public Health, Division of Chronic Disease and Injury Prevention grant
proposal for the Public Prevention Health Fund: Community Transformation Grants.
May 2011 Monthly Report of Cash Balances
Received and filed the May 2011 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Register of Demands
ADOPT RESOLUTION NO. 2011-47, 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.
Memorandum of Understanding with NextG Networks
This item was removed from the Consent Calendar for separate consideration.
Fourth Amendment to the City Manager's Employment Agreement
City Council Minutes
July 5, 2011
Page 3 of 13
Approved the Fourth Amendment to the City Manager's Employment Agreement.
# # # # # # #
ITEM REMOVED FROM THE CONSENT CALENDAR:
Terranea Resort and Spa — Revision "P" to Conditional Use Permit No. 215, et.al.
As there was no request for a staff report, Mayor Long asked for the speaker regarding
this item.
Sunshine, Rancho Palos Verdes, stated that the proposal was for the coastal sage
shrubbery to be allowed to grow to 30 inches in height in order to preserve a critter
corridor along Palos Verdes Drive South. She opined that the habitat could be trimmed
to 1 foot high in the median to preserve views.
Councilman Stern moved, seconded by Mayor Long, to: ADOPT RESOLUTION NO.
2011-48, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, APPROVING REVISION `P' TO CONDITIONAL USE PERMIT NO.
215, ET. AL. BY AMENDING THE ADOPTED CONDITIONS OF APPROVAL AS
FOLLOWS: 1) AMEND CONDITION NO. 100 TO INCREASE THE MAXIMUM HEIGHT
LIMIT FROM 12-INCHES TO 30-INCHES FOR ANY VEGETATION THAT GROWS
ALONG THE MEDIAN AND PARKWAY OF PALOS VERDES DRIVE SOUTH AS
DETERMINED BY THE COMMUNITY DEVELOPMENT DIRECTOR; 2) AMEND
CONDITION NO. 78 TO DESCRIBE THE ROADSIDE HABITAT ENHANCEMENT
AREA AS REQUIRED BY "ZONE C" OF THE ADOPTED COASTAL COMMISSION
CONDITIONS; AND 3) AMEND CONDITION NO. 79 TO ESTABLISH THE TRIMMING
PERIOD OF THE MAINTENANCE OF THE COASTAL SAGE SCRUB LOCATED
WITHIN THE ROADSIDE HABITAT ENHANCEMENT AREA (ZONE C OF THE
COASTAL COMMISSION APPROVED PROJECT) TO NOT BE DURING THE BIRD
BREEDING SEASON (SEPTEMBER 1 THROUGH FEBRUARY 14) UNLESS A
QUALIFIED BIOLOGIST INSPECTS THE VEGETATION TO DETERMINE THAT NO
NESTING BIRDS EXIST PRIOR TO TRIMMING.
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC HEARINGS:
City Council Minutes
July 5, 2011
Page 4 of 13
Conformance with the 2010 Los Angeles County Congestion Management
Program (CMP)
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests received, and there were no requests to speak regarding the item.
Councilman Stern moved, seconded by Mayor Pro Tem Misetich, to waive the staff
report.
Without objection, Mayor Long so ordered.
Mayor Long declared the public hearing open, and as there were no requests to speak,
he declared the public hearing closed.
Councilman Stern moved, seconded by Mayor Pro Tem Misetich, to adopt the staff
recommendation to: ADOPT RESOLUTION NO. 2011-49, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY ADOPTING
THE CITY'S 2011 LOCAL DEVELOPMENT REPORT (LDR) AND SELF-CERTIFYING
THE CITY'S CONFORMANCE WITH THE 2010 CONGESTION MANAGEMENT
PROGRAM (CMP) FOR LOS ANGELES COUNTY.
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: None
ABSTAIN: None
Appeal of the Planning Commission's Decision to Remove 1 City Tree and Trim 9
City Trees along Via Cambron, Via Collado, and Berry Hill Drive that were Found
to Significantly Impair the View from Four Applicants' Properties — (City Tree
Review Permit 2008-00031)
City Clerk Morrreale reported that notice of the public hearing was duly published,
written protests included with the staff report and late correspondence distributed prior
to the meeting, and there were 10 requests to speak regarding this item.
Associate Planner Trester provided a staff report and PowerPoint presentation
regarding the item.
Discussion ensued between Council Members and staff.
Deputy Director of Public Works Odom noted that damage has occurred to sidewalks,
resulting in grinding; upheaval areas of sidewalks; cracked curbs; and cracks in the
street asphalt pavement.
City Council Minutes
July 5, 2011
Page 5 of 13
Councilman Wolowicz disclosed that he visited the subject site and several homes with
views issues.
Council and staff discussion continued.
Mayor Long declared the public hearing open.
Ann Marinovich, Rancho Palos Verdes, stated that she continues to have a significant
view impairment of the ocean and Catalina Island from her home on Berry Hill Drive due
to the presence of City Tree Nos. 1, 2, 3 and 10. In addition, she noted the trees have
caused street, curb and sidewalk damage.
Jim Morrison, Rancho Palos Verdes, stated that he was not satisfied with the trim to the
horizon standard that has been performed to date, noting that they have lost their view
of the sunsets, fishing boats, oceanliners, and whale spouts due to the City trees being
discussed. He noted that there was no scheduled maintenance or topping of City trees
by the Public Works Department unless a branch breaks. He concluded that Tree Nos.
1, 2, and 3 continue to impair his view.
Barbara O'Sullivan, Rancho Palos Verdes, stated that the View Ordinance should be
reviewed and revised. She noted that this View Restoration case has been time
consuming and costly over the last 3 years. She urged the Council to uphold the
Planning Commission's decision made on April 12, 2011. She noted that the three trees
along Berry Hill Drive in the periphery should be maintained; and she commented on
the problems recently identified with curbs and sidewalks by the Public Works
Department.
Kathy Liberman, Rancho Palos Verdes, stated that she bought her home with ocean
and Catalina Island views from many rooms and the patio area. She stated that the
trimming has left the trees unsightly and has resulted in a compromised view from her
home. She noted that currently she has a view of unsightly trees and when the trees fill
in again, she will lose her view. She was in favor of the removal and replacement of the
trees pursuant to staffs recommendation.
Marlene Galvin, Rancho Palos Verdes, stated that she and her husband have lived in
their home for 45 years and expressed concern with the following issues regarding the
Planning Commission decisions: 1) the proposed adoptees of the majority of the trees
are not adjacent home owners of the trees as they should be pursuant to the Code, and
2) the protected view is the ocean, not the horizon.
Robert Hoskins, Rancho Palos Verdes, stated that he had a procedural question, noting
that one address on the appeal was fictitious (incorrect). He stated that the trimming
schedule is once per year, not once per three years, and the cost of trimming is at the
expense of those who adopt the trees, not at the City.
City Council Minutes
July 5, 2011
Page 6 of 13
Community Development Director Rojas stated that there was a typographical error.
Cindy Hall, Rancho Palos Verdes, inquired if the growth rate of the trees might be
slowed by the recent trimming. She stated that there are signs of sidewalk grinding in
the neighborhood in areas that are not associated with the presence of trees. She
noted that the trees are visited by Red-Tail and Coopers Hawks, raccoons and
squirrels.
Nancy Parsons, Rancho Palos Verdes, asked for and was granted an additional two
minutes for remarks. She stated that she has taken 236 pictures showing pavement
cracks, sidewalk grinding, etc. caused by something other than trees. She stated that
Tree Nos. 1-3 on Berry Hill Drive were the only trees affording shade to her home and
provided homes to wildlife and birds. She noted that they screen the view of a Verizon
utility box from her home. She commented on the criteria used to determine the
significance of a view; damage of public right-of-way property such as sidewalks; and,
the acceptance of adoption covenants for the trees.
Marjorie Carter, Rancho Palos Verdes, stated that the issue of the unsightly nature of
trees should be decided by the residents in the area and noted she had a petition
signed by neighbors who approved the trimming of the trees. She stated the facts of
the case as the following: the PC approved the trimming as a viable solution; trimming
has occurred and views have been restored; Public Works had initially determined that
there was no significant damage to the sidewalks caused by the roots; and the residents
have agreed to adopt the trees. She noted that Public Works has recently determined
that there are problems with the sidewalks in the area and suggested an equitable
solution to fix the sidewalks and allow the adoption of the trees.
Joe Yousefpour, Rancho Palos Verdes, stated that he apologized for the typographical
error regarding his address. He quoted sections of the View Ordinance that addresses
g g
the following issues: damage caused by the trees to the curbs and gutters, streets, and
sidewalks; soil expansion; and, the height of the trees to be at the height of the ridge of
the building or to 16 feet in height when views are obstructed.
Ann Marinovich, in rebuttal stated that she appealed the Planning Commission's April
12, 2011 decision regarding Tree Nos. 1-3, which are under consideration for removal
since they continue to pose a significant view impairment of the sunsets and the islands.
Jim Morrison, in rebuttal asked for clarification regarding additional trimming that has
been p laced on hold until Council's decision. He stated that he was grateful that with
the recent tree trimming/removal, about two dozen crows have left the area.
Associate Planner Trester clarified that the removal of Tree No. 4 was placed on hold
until the conclusion of the appeal and additional trimming pertains to the next item on
the agenda (Appeal of the Planning Commission's Concurrence with the Director's
City Council Minutes
July 5, 2011
Page 7 of 13
Interpretation Review of the Conditions of Approval of City Tree Review Permit No.
178.)
RECESS AND RECONVENE:
Mayor Long called a brief recess from 8:58 P.M. to 9:06 P.M.
Planning Commission Chair Tomblin provided background details regarding the View
Restoration applications considered and actions taken by the Planning Commission.
He noted that there was a focus on the trees and the adoption of the trees. He stated
that the Planning Commission understood that there was no damage to the sidewalks
caused by the trees, except regarding Tree No. 4 which caused damage to City and
personal property of the owners at 30317 Via Cambron.
Discussion ensued between Council and staff.
Councilman Wolowicz moved, seconded by Councilman Campbell, that Tree Nos. 1, 2
and 3 remain, Tree No. 4 be removed, Tree Nos. 5 and 6 be adopted if they survive,
and Tree Nos. 7, 8, 9, and 10 all be removed due to damage to the sidewalk and the
storm drain.
Mayor Pro Tem Misetich moved a substitute motion, seconded by Councilman Stern, to
adopt the staff recommendation to: ADOPT RESOLUTION NO. 2011-50, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
THEREBY GRANTING THE APPEAL AND OVERTURNING THE PLANNING
COMMISSION'S DECISION ON CITY TREE REVIEW PERMIT 2008-00031, WHICH
REQUIRED THE REMOVAL OF ONE CITY TREE AND THE TRIMMING OF NINE
CITY TREES TO ELIMINATE THE SIGNIFICANT VIEW IMPAIRMENT CAUSED BY
THE TREES TO FOUR PROPERTIES AND INSTEAD REQUIRE THE REMOVAL AND
REPLACEMENT OF ALL TEN CITY TREES TO ELIMINATE THE SIGNIFICANT VIEW
IMPAIRMENT TO THE FOUR APPLICANTS' PROPERTIES. The trees will be
replaced with 24" box trees pursuant to the staff's recommendation.
Mayor Long noted that if the substitute motion prevailed, it would moot the main motion.
Mayor Long declared the public hearing closed.
The substitute motion passed on the following roll call vote:
AYES: Misetich, Stern, and Mayor Long
NOES: Campbell and Wolowicz
ABSENT: None
ABSTAIN: None
City Council Minutes
July 5, 2011
Page 8 of 13
Appeal of the Planning Commission's Concurrence with the Director's
Interpretation Review of the Conditions of Approval of City Tree Review Permit
No. 178
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests included with the staff report and there were no requests to speak regarding
this item.
Mayor Long declared the public hearing open.
As there were no requests to speak, Mayor Long declared the public hearing closed.
Councilman Wolowicz moved, seconded by Councilman Stern, to waive the staff report
and determine that the item was moot as a result of the Council's decision regarding
Item No. 2 (Appeal of the Planning Commission's Decision to Remove 1 City Tree and
Trim 9 City Trees along Via Cambron, Via Collado, and Berry Hill Drive that were Found
to Significantly Impair the View from Four Applicants' Properties — (City Tree Review
Permit 2008-00031).
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: None
ABSTAIN: None
City Attorney Lynch noted that staff would return at the next meeting with a resolution to
commemorate the Council's decision.
RECESS AND RECONVENE:
Mayor Long called a brief recess from 9:56 P.M. to 10:07 P.M.
REGULAR BUSINESS:
Code Amendment Initiation Request to Make Miscellaneous Minor Amendments
to Different Sections of the City's Development Code (Case No. ZON2011-00023)
Mayor Long inquired if there was any objection to waiving the staff report.
Without objection, Mayor Long so ordered.
Discussion ensued between Council and staff.
City Council Minutes
July 5, 2011
Page 9 of 13
Councilman Stern moved, seconded by Councilman Wolowicz, to approve staff
recommendation to: Initiate a Code Amendment to make a number of miscellaneous
minor "clean up" amendments to the City's Development Code in order to clarify
ambiguous language, remove language discrepancies, simplify or modify certain
requirements, and codify existing policy procedures and/or application requirements.
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: None
ABSTAIN: None
FY11-12 Advisory Board Work Plans
City Clerk Morreale reported that there was one request to speak regarding this item to
answer questions, if necessary, regarding the Finance Advisory Committee Work Plan.
Discussion ensued between Council and staff.
Councilman Wolowicz moved, seconded by Mayor Pro Tem Misetich, to: Approve the
FY11-12 Work Plans for the Traffic Safety Commission, Emergency Preparedness
Committee and Finance Advisory Committee.
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: None
ABSTAIN: None
Discussion ensued between Council and staff.
Councilman Wolowicz moved, seconded by Mayor Pro Tem Misetich, to adopt the staff
recommendation, as clarified, to: 1) Approve the FY11-12 Work Plans for the Traffic
Safety Commission, Emergency Preparedness Committee and Finance Advisory
Committee; and, 2) Adopt the Emergency Preparedness Committee's direction
regarding the distribution of 11 emergency survival kits per year, as part of the
Emergency Preparedness Committee's FY11-12 Work Plan.
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
City Council Minutes
July 5, 2011
Page 10 of 13
ABSENT: None
ABSTAIN: None
Recruiting for Position Vacancies
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there was one request to speak regarding this item.
Councilman Campbell reported that he had spoken with the City Manager regarding the
continuance of this item to the July 19, 2011 City Council Meeting.
Councilman Campbell moved, seconded by Mayor Pro Tem Misetich, to continue this
item to the July 19, 2011 Council meeting so that he would be able to prepare a report,
but allow public comments this evening.
Susan Brooks, Rancho Palos Verdes, stated that she believed the discussion of this
item should be delayed until the Pension Subcommittee returns with its report regarding
salaries and pension.
Council discussion ensued.
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: None
ABSTAIN: None
ITEMS REMOVED FROM CONSENT CALENDAR:
City Investment Policy - FY11-12
City Clerk Morreale reported that Mayor Long removed this item from the Consent
Calendar.
Mayor Long commented on the state of the Nation's economy and inquired as to the
impact, if any, on the City's economy if the United States defaults on its debt
obligations.
Director of Finance McLean stated that the Nation's economy has no impact on the
City's Investment Policy which was designed to be very conservative. He noted that 10
percent of the City's cash reserves is in Treasury bills, while the remainder is in the local
agency investment fund, spread over many investment vehicles.
Council discussion continued.
City Council Minutes
July 5, 2011
Page 11 of 13
Councilman Wolowicz moved, seconded by Councilman Stern, to adopt and file the
FYI 1-12 Investment Policy for the City of Rancho Palos Verdes.
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: None
ABSTAIN: None
Memorandum of Understanding with NextG Networks
City Clerk Morreale reported that Councilman Campbell removed this item from the
Consent Calendar.
Councilman Campbell inquired if the Memorandum of Understanding (MOU) with NextG
Networks had an end date to the lease, or if it was indefinite.
City Attorney Lynch stated that the MOU could be amended so that the lease would be
for a one year term.
Councilman Campbell moved, seconded by Councilman Wolowicz, to approve the
Memorandum of Understanding, as amended, with NextG Networks for the installation
of certain radio and antenna equipment on City owned poles for a term of one year.
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: None
ABSTAIN: None
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
21, 2011, except for Councilman Campbell who noted he would incorporate comments
from the previous meeting instead of submitting that report in writing.
CLOSED SESSION REPORT:
1) With respect to the first item regarding the Monks and Enstedt cases, a report was
provided and no action was taken; and, 2) With respect to the VH Property Case, a
report was given that VH Property has withdrawn from the agreement they entered into
City Council Minutes
July 5, 2011
Page 12 of 13
with the City, which allowed for a three-member geotechnical panel to review and
arbitrate disputes over geologic issues that had arisen in the past between the City's
geologist and geotechnical consultant and the applicant's geologic consultants. By
withdrawing from the agreement, the geology will go through the City's typical process
so that it will be reviewed by the City's geologist and not by the three-member panel.
The fact that the process that currently is being followed is the City's standard process
brings this project into alignment with all of the other current applications that are
reviewed by the City. Ultimately, a geology report is anticipated to be submitted to the
City that would determine the geologic safety of the residential lots behind the
Clubhouse as well as for possible residential lots on the driving range. The City Council
was provided this oral report and no Council action has been taken with respect to the
development of any new houses on the Trump National property. As an aside, there is
an incomplete application regarding the planting of ficus trees on the driving range
which still is pending and is completely irrelevant to the issues that were discussed
regarding the geology review. No action was taken by the City Council.
ADJOURNMENT:
At 11:03 P.M., Mayor Long adjourned the meeting.
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City Council Minutes
July 5, 2011
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