CC MINS 20090721 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JULY 21, 2009
The meeting was called to order at 7:12 P.M. by Mayor Clark at the Fred Hesse
Community Park, 29301 Hawthorne Boulevard.
City Council roll call was answered as follows:
PRESENT: Long, Stern, Wolowicz, and Mayor Clark
ABSENT: Gardiner (excused)
Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager;
Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information
Technology; Joel Rojas, Director of Planning, Building, and Code Enforcement; Ron
Dragoo, Senior Engineer of Public Works; Eduardo Schonborn, Senior Planner; Lauren
Ramezani, Senior Administrative Analyst; and Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Boy Scout Daniel Yen, Troop 378.
MAYOR'S ANNOUNCEMENTS:
Mayor Clark presented Mel Hughes with the RPV Heroes Award; Councilman Stern
provided a report on a recent event at which the US Attorney General presented a
Department of Justice grant to the non-profit organization, the SHAWL House.
RECYCLE DRAWING:
Mayor Clark announced Recyclers of the Month from the July 7, 2009 City Council
meeting: Logan Webster and Charles Bartlett. 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 AGENDA:
Mayor Pro Tem Wolowicz moved, seconded by Councilman Stern, to approve the
agenda as presented.
Without objection, Mayor Clark so ordered.
PUBLIC COMMENTS:
Mark Wells, Rancho Palos Verdes, stated that the City needed to find ways to raise
additional revenue to secure a second Sheriff Deputy and for the constant repair of
Palos Verdes Drive South through the slide area.
Laura Walters, Community Services Representative, Los Angeles County Fire
Department, introduced the new Wildland Fire Campaign aimed at educating the public
to be prepared for fires and evacuation if necessary.
CITY MANAGER REPORT:
City Manager Lehr invited Director of Finance/IT McLean to provide an update report on
future resident discounts at the Terranea Resort.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting on Item Nos. 11 and there was one request to speak on Item No. 7.
Councilman Long moved, seconded by Councilman Stern, to approve the Consent
Calendar, as amended, with Item No. 7 (Appeal of the Planning Commission's Approval
of Case No. ZON2007-00046 - Variance and Coastal Permit for Property Located at 24
Sea Cove Drive) to follow immediately after the Consent Calendar and Item No. 11
(Update on Status of Recycling Revenues and Budget Appropriation for SCS
Engineers) to follow Regular Business items.
The motion passed on the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
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 the June 5, 2009 Special Meeting.
City Council Minutes
July 21, 2009
Page 2 of 10
Request for Waiver of the Application Fee for a Special Use Permit on Property
located at 6001 Palos Verdes Drive South — Point View Property (Case No.
Z0N2009-00260) (1804)
Granted the requested fee waiver.
Used Oil Recycling Block Grant for FY 2009-10 (1301)
1)Authorized the application of the FY 2009-10 (15th Cycle) Used Oil Block Grant to
continue the Used Oil and Filter Recycling Program for the City of Rancho Palos Verdes
residents; and, 2)ADOPTED RESOLUTION NO. 2009-48, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO EXECUTE ANY AGREEMENTS, CONTRACTS,
AND REQUESTS FOR PAYMENT AS NECESSARY TO IMPLEMENT THE
PROGRAM.
Contract Addendum No. 5 for the Marymount College Facilities Expansion Project
Environmental Impact Report (1203)
Approved Contract Addendum No. 5 to the Agreement for Consulting Services between
the City of Rancho Palos Verdes and Robert Bein, William Frost & Associates (RBF)for
the preparation of an Environmental Impact Report for the Marymount College Facilities
Expansion Project, in the amount of$23,146.
Adopt the Sewer System Management Plan (SSMP) in Compliance with the State
Water Resources Control Board (1402)
ADOPTED RESOLUTION NO. 2009-49, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, ADOPTING THE SEWER SYSTEM
MANAGEMENT PLAN.
Appeal of the Planning Commission's Approval of Case No. ZON2007-00046
(Variance and Coastal Permit) for Property Located at 24 Sea Cove Drive (1804)
This item was removed from the Consent Calendar for separate consideration.
Amendment to the South Bay Cities Council of Governments' Joint Powers
Authority (JPA) Agreement (1505 x 902)
Approved the amendment to the South Bay Cities Council of Governments' (SBCCOG)
Joint Powers Authority (JPA)Agreement.
Annenberg Project at Lower Point Vicente— Service Agreements with Rincon
and Linscott, Law and Greenspan (1201)
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July 21, 2009
Page 3 of 10
1) Authorized the Mayor and City Clerk to sign a professional services agreement in an
amount not to exceed $38,553 with Rincon Consultants, Inc. to prepare a Mitigated
Negative Declaration (MND) for site improvements at Lower Point Vicente in connection
to the 1998 improvements to the Point Vicente Interpretive Center; and, 2)Authorized
the Mayor and City Clerk to sign a professional service agreement in an amount not to
exceed $16,500 with Linscott, Law, and Greenspan Engineers for the preparation of a
traffic engineering design study for the entry driveway to Lower Point Vicente in
connection to the 1998 improvements to the Point Vicente Interpretive Center.
FY 09-10 Los Angeles County Sheriff's Contract (1206)
1) Authorized the Mayor to sign the FY 09-10 Services for the Peninsula Region
(Rancho Palos Verdes, Rolling Hills, and Rolling Hills Estates); and, 2) Authorized the
City Manager to sign the FY 09-10 Rancho Palos Verdes Deployment Survey with the
Los Angeles County Sheriff's Department.
Update on Status of Recycling Revenues and Budget Appropriation for SCS
Engineers (1301)
This item was removed from the Consent Calendar for separate consideration.
Pavement Management System Update (1403)
Received and filed the Pavement Management System Update.
Approval of License Agreements between the City and the Owners of Six Private
Properties to Allow City Contractors and Employees to Cross their Properties to
Access City-Owned Properties for the Purposes of Performing Weed Abatement
and Authorize the Mayor to Sign the License Agreements on Behalf of the City
(1204 x 450)
1) Approved the form of the License Agreement, so that the City and its contractors and
employees can cross six privately owned properties and gain access to City-owned
properties to perform weed abatement work; and, 2)Authorized the Mayor to sign the
agreements on behalf of the City.
Register of Demands
ADOPTED RESOLUTION NO. 2009-50, 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.
# # # # # #
ITEM REMOVED FROM THE CONSENT CALENDAR:
City Council Minutes
July 21, 2009
Page 4 of 10
Appeal of the Planning Commission's Approval of Case No. ZON2007-00046
(Variance and Coastal Permit) for Property Located at 24 Sea Cove Drive (1804)
Planning Director Rojas and City Attorney Lynch provided information regarding the
reasons that staff was recommending continuation of the item, including conversations
with Coastal Commission staff and the ability to bring related items to the Council for
concurrent decisions regarding matters pertaining to the property.
Pamela Simes, Rancho Palos Verdes, spoke in opposition to staffs recommendation to
continue the matter to a future meeting and inquired as to why the item was being
continued.
Councilman Long moved, seconded by Councilman Stern, to continue the item to the
October 20, 2009 City Council meeting.
The motion passed on the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
PUBLIC HEARINGS:
Abalone Cove Sewer Maintenance Fee (1900)
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests were received, and there were no requests to speak on the item.
Councilman Stern moved, seconded by Councilman Long, to waive the staff report on
the item.
Without objection, Mayor Clark so ordered.
Mayor Clark declared the public hearing open.
As there were no requests to speak, Mayor Clark declared the public hearing closed.
Councilman Stern moved, seconded by Mayor Pro Tem Wolowicz, to approve the staff
recommendation to: ADOPT RESOLUTION NO. 2009-51, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING A
REPORT IN CONNECTION WITH THE SEWER SERVICE CHARGE ESTABLISHED
PURSUANT TO CHAPTER 13.06 OF THE RANCHO PALOS VERDES MUNICIPAL
CODE, DETERMINING THE AMOUNT OF SUCH CHARGE FOR FISCAL YEAR
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July 21, 2009
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2009/10, AND ORDERING THAT SUCH CHARGE BE COLLECTED ON THE TAX
ROLL.
The motion passed on the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
Conformance with the 2009 Los Angeles County Congestion Management
Program (CMP) (1505)
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests were received, and there were no requests to speak on the item.
Mayor Clark declared the public hearing open.
Mayor Pro Tem Wolowicz moved, seconded by Councilman Stern, to waive the staff
report.
Without objection, Mayor Clark so ordered.
There were no requests to speak regarding the item.
Mayor Clark declared the public hearing closed.
Mayor Pro Tem Wolowicz moved, seconded by Mayor Clark, to approve the staff
recommendation to: ADOPT RESOLUTION NO. 2009-52, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY ADOPTING
THE CITY'S 2009 LOCAL DEVELOPMENT REPORT (LDR) AND SELF-CERTIFYING
THE CITY'S CONFORMANCE WITH THE 2004 CONGESTION MANAGEMENT
PROGRAM (CMP) FOR LOS ANGELES COUNTY.
The motion passed on the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
Code Amendment to Chapter 17.11 "Affordable Housing" and Chapter 17.96
"Definitions" (Case No. ZON2009-00125) (701)
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests were received, and there were no requests to speak on the item.
City Council Minutes
July 21, 2009
Page 6 of 10
Mayor Clark declared the public hearing open.
Mayor Pro Tern Wolowicz moved, seconded by Councilman Stern, to waive the staff
report.
Without objection, Mayor Clark so ordered.
Mayor Clark declared the public hearing closed.
Councilman Long moved, seconded by Councilman Stern, to: 1)ADOPT
RESOLUTION NO. 2009-53, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, CERTIFYING A NEGATIVE DECLARATION; and, 2)
INTRODUCED ORDINANCE NO. 495, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, AMENDING CHAPTER 17.11 (AFFORDABLE HOUSING) AND
CHAPTER 17.96 (DEFINITIONS) OF THE CITY'S MUNICIPAL CODE TO CONFORM
TO STATE DENSITY BONUS LAW.
The motion passed on the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
Revision "SS" to the Trump National Golf Course Project (1411)
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests were received, and there was one request to speak on the item.
Mayor Clark declared the public hearing open.
Planning Director Rojas provided a brief summary staff report regarding the item.
Stuart Miller, representative for Trump National Golf Course, stated that he would waive
his presentation.
Mayor Clark declared the public hearing closed.
Councilman Long moved, seconded by Councilman Stern, to approve a two-month
extension of the Development Agreement and use of the Temporary Driving Range to
September 16, 2009, via Minute Order, and continued the review of Revision "SS" to the
September 15, 2009 City Council Meeting.
The motion passed on the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
City Council Minutes
July 21, 2009
Page 7 of 10
NOES: None
ABSENT: Gardiner
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
Form of Staff Recommendations to the City Council on Planning Commission
Appeals and Recommendations (1203)
Councilman Long provided a brief staff report on the item.
Councilman Long moved, seconded by Mayor Pro Tem Wolowicz, to direct staff to
return with a policy consistent with that expressed in the staff report requiring that, in
preparing staff reports, staff will clearly present its independent and professional
recommendation to the Council under the customary "Recommendation" section, in
addition to presenting the Planning Commission's or other Advisory Board's decision or
recommendation on the matter in question.
The motion passed on the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
ITEM REMOVED FROM THE CONSENT CALENDAR:
Update on Status of Recycling Revenues and Budget Appropriation for SCS
Engineers
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Mayor Pro Tem Wolowicz inquired as to what positive and practical steps the City could
take to reverse the trend of the decrease in the Recycling Revenues and explore
additional ways to encourage curbside recycling in the City of Rancho Palos Verdes.
Mayor Pro Tem Wolowicz moved, seconded by Councilman Stern, to: 1) Receive and
file the update on Status of Recycling Revenues report; 2) ADOPT RESOLUTION NO.
2009-54, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, AMENDING RESOLUTION NO. 2009-40, THE BUDGET
APPROPRIATION FOR FISCAL YEAR 2009-10, FOR A BUDGET ADJUSTMENT TO
THE CITY'S WASTE REDUCTION FUND; 3) Amend the professional services contract
with SCS Engineers to extend the scope of services for work performed regarding the
reduction of the City's California Refund Value revenues, and increase their existing
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July 21, 2009
Page 8 of 10
FY09-10 contract in the amount not to exceed $28,000 by a maximum additional
amount of$7,800, for a total contract not to exceed $35,800; 4) Authorize the Mayor
and City Clerk to sign Amendment No. 2 to the professional services contract with SCS
Engineers; and, 5) Direct staff to continue to explore additional ways to encourage
curbside recycling.
The motion passed on the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner
CITY COUNCIL ORAL REPORTS:
Councilman Stern reported on his participation in the following events: the West Vector
Control District Board Meeting on July 9, 2009; the Donor Recognition Luncheon at Del
Cerro Park hosted by the Palos Verdes Peninsula Land Conservancy on July 12, 2009;
the Mayor's Luncheon and Sanitation District Meeting on July 15, 2009; the SHAWL
House event on July 16, 2009; a conference call with the Contract Cities Contract and
Legal Committee to address the Sheriff's Contract on July 17, 2009; and, the Grand
Opening of the Terranea Golf Course on July 18, 2009.
Councilmember Long reported on his participation in the following events: the Donor
Recognition Luncheon at Del Cerro Park hosted by the Palos Verdes Peninsula Land
Conservancy on July 12, 2009; and, the annual meeting of the California Joint Powers
Insurance Authority.
Mayor Pro Tem Wolowicz reported that he had met with Supervisor Don Knabe who
expressed interest in providing funding support for the coordinated effort regarding an
emergency supply cache for the Palos Verdes Peninsula. He reported that they also
discussed the Sheriff's contract under discussion with the Contract Cities Contract and
Legal Committee and additional funding for open space acquisition. He noted that he
was in attendance at the opening of the Terranea Resort Golf Course on July 18, 2009.
Mayor Clark reported on his participation in the monthly meeting of the California
Coastal Commission in San Luis Obispo, noting that due to budget reductions, the
number of Coastal Commission Meetings will be decreased from three days to two days
each month, and as a result it will take longer for matters to come before the Coastal
Commission for consideration.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
None.
CLOSED SESSION REPORT:
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July 21, 2009
Page 9 of 10
City Attorney Lynch reported on the following Closed Session items: 1) With respect to
the Public Employee Performance Evaluation of the City Manager, the Council and City
Manager discussed the Performance Evaluation in light of the Tactical Goals and
concluded the review; 2)With respect to the existing litigation with Rancho Palos
Verdes Neighbors for Community Compatibility v. City of Ranchos Palos Verdes, the
City Council unanimously approved a Tolling Agreement to authorize additional time for
the St. John Fisher Church to implement its plan in light of the pending litigation; 3)With
respect to the existing litigation with VH Property Corp. and VHPS LLC v. City of
Rancho Palos Verdes, a report was provided and no action taken; and, 4)With respect
to the potential litigation based on a threat of litigation received in a letter from Mr. Brant
H. Dveirin, attorney for Mr. and Mrs. Conroy, a report was provided and no action taken.
The Redevelopment Agency (RDA) Meeting was reconvened so that City Attorney
Lynch could report on the following Joint CC/RDA Closed Session item: 5)With respect
to the potential litigation based on a threat of litigation received from Andrea Joannou
regarding 40 Cherry Hill Lane and based on a threat of litigation received in a letter from
Douglas W. Beck, Esq., unanimous direction was provided not to grant an easement,
nor to allow a house to be placed seaward of PVDS on the RDA property, and to
authorize the removal of the existing structure on the site at the earliest possible
opportunity. Councilman Gardiner was absent for all items discussed in Closed
Session.
ADJOURNMENT:
At 8:46 P.M., Mayor Clark adjourned the meeting.
IMP
(410,
Mayor
Attest:
Ch2O1-/A
La-L
City Clerk
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City Council Minutes
July 21, 2009
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