CC MINS 20090804 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
AUGUST 4, 2009
The meeting was called to order at 6:00 P.M. by Mayor Clark at Fred Hesse Community
Park, 29301 Hawthorne Boulevard, and was immediately recessed into a Joint Closed
Session with the Redevelopment Agency. The meeting reconvened at 7:02 P.M.
City Council roll call was answered as follows:
PRESENT: Long, Stern, Wolowicz, and Mayor Clark
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; Joel Rojas, Director of Planning, Building, and Code Enforcement; Ron
Rosenfeld, Director of Recreation and Parks; Ara Mihranian, Principal Planner; Leza
Mikhail, Associate Planner; Ron Dragoo, Senior Engineer of Public Works; Matt Waters,
Senior Administrative Analyst; and Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Ken Dyda, former Mayor of the City of Rancho Palos
Verdes.
MAYOR'S ANNOUNCEMENTS:
Mayor Clark announced the passing of long-time resident Elin Vanderlip and noted that
she would be recognized at the next Council meeting.
Mayor Clark announced the passing of Councilman Peter C. Gardiner, provided a
PowerPoint presentation of several significant moments during the years he served on
the City Council, and recognized his contributions to the community. Council Members
shared memories and comments regarding Councilman Gardiner and bid him farewell.
Deputy Chris Knox provided a Traffic Enforcement Update Report and PowerPoint
presentation regarding statistics related to traffic collisions, motorcycle accidents,
speeding throughout the City, bicycle issues, extreme speeds in the Palos Verdes Drive
East (PVDE) switchbacks, improved laser traffic enforcement technology, and ongoing
efforts to educate the public regarding traffic safety.
Mayor Clark announced the current recruitment for two vacancies on the Finance
Advisory Committee.
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August 4, 2009
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RECYCLE DRAWING:
Mayor Clark announced Recyclers of the Month from the July 21, 2009 City Council
meeting: Robert G. Patterson and Betty Rall. 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:
Councilman Stern requested that Item No. 18 (City Council Vacancy) be moved up on
the agenda to follow immediately after the Consent Calendar.
Councilman Stern moved, seconded by Councilman Long, to approve the agenda as
amended.
Without objection, Mayor Clark so ordered.
PUBLIC COMMENTS:
Robert Maxwell, Liaison for the Portuguese Bend Community Association (PBCA),
Rancho Palos Verdes, stated that the PBCA is concerned about the development of lots
in the Moratorium Landslide area due to the instability of the area and requested that an
Environmental Impact Report be undertaken prior to development in the landslide area.
Bill Orton, Representative, Senator Wright's Office, conveyed Senator Wright's
condolences on the passing of Councilman Gardiner and noted that he presented the
family with a resolution from Senator Wright. He also conveyed condolences on the
recent passing of Elin Vanderlip.
CITY MANAGER REPORT:
None.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding Item No. 7 (License Agreement with Verizon Wireless).
Mayor Pro Tem Wolowicz moved, seconded by Councilman Long, to approve the
Consent Calendar, as presented.
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August 4, 2009
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The motion passed on the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: 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 the Minutes (301)
Approved the Minutes of the June 16, 2009 Regular Meeting.
Border Issues Status Report (310)
Received and filed the current report on the status of border issues.
Claim Against the City by Hartford Insurance Company (303)
Rejected the claim and directed staff to notify the claimant.
Funds Requested for Evaluating Additional Proposals for Residential Solid Waste
Services (1301)
1) ADOPTED RESOLUTION NO. 2009-55, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2009-40,
THE BUDGET APPROPRIATION FOR FY 09-10, TO INCREASE THE BUDGET IN
THE WASTE REDUCTION FUND; 2) Amended the professional services contract with
HF&H Consultants, LLC to extend the scope of services for work needed regarding
evaluating additional proposals, and increased their existing contract in the amount not
to exceed $152,500 by a maximum additional amount of$13,000, for a total contract not
to exceed $165,500; and, 3) Authorized the Mayor and City Clerk to sign Amendment
No. 1 to the professional services contract with HF&H Consultants, LLC.
Park Ranger Salary Range (602)
ADOPTED RESOLUTION NO. 2009-56, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, ADDING A NEW SALARY RANGE FOR
THE POSITION OF PARK RANGER AND RESCINDING RESOLUTION NO. 2008-48.
License Agreement with Verizon Wireless (1601 x 1201)
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August 4, 2009
Page 3 of 10
1) Approved a License Agreement with Verizon Wireless for the installation and
maintenance of a telecommunications facility at Robert E. Ryan Park; and, 2)
Authorized the Mayor and City Clerk to execute said agreement.
May 2009 Monthly Report of Cash Balances (602)
Received and filed the May 2009 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
June 2009 Monthly Report of Cash Balances (602)
Received and filed the June 2009 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Register of Demands
ADOPTED RESOLUTION NO. 2009-57, 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.
# # # # # #
REGULAR BUSINESS:
City Council Vacancy (306)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
City Attorney Lynch provided a brief staff report outlining the two possible options for the
City Council to take regarding the vacancy on the City Council created by the passing of
Councilman Gardiner.
Council discussion ensued regarding the following issues: a process to consider to
make an appointment to the Council vacancy; the number of meetings prior to the
Certification of the Election Results; the exclusion of current candidates for the
November 3, 2009 Election; not filling the vacancy; and, comments from residents that
there should be five Council Members to make decisions.
Ann Shaw, Rancho Palos Verdes, stated that she was opposed to the City Council
making an appointment to fill the vacant Council seat.
Councilman Stern moved, seconded by Mayor Clark, to direct staff to announce the
recruitment to fill the City Council vacancy and solicit letters from applicants
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August 4, 2009
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demonstrating their interest and/or a biography or resume stating the applicant's
qualifications to be submitted to the City Clerk's Office by 4:00 p.m. on August 13, 2009.
Mayor Pro Tem Wolowicz made an amendment to the motion, seconded by Councilman
Long, that any person who is an announced or qualified candidate for the November 3,
2009 General Municipal Election be excluded from the appointment process.
The amendment to the motion passed on the following roll call vote:
AYES: Long, Stern, and Wolowicz
NOES: Mayor Clark
ABSENT: None
The main motion, as amended, passed on the following roll call vote:
AYES: Stern, Wolowicz, and Mayor Clark
NOES: Long
ABSENT: None
Mayor Pro Tem Wolowicz moved, seconded by Councilman Long, to set the interviews
of applicants for the City Council vacancy for Tuesday, August 18, 2009, to begin at
5:00 p.m. in the Council Chambers (Multipurpose Room), to be open to the public, and
televised.
The motion passed on the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: None
RECESS AND RECONVENE:
Mayor Clark called a brief recess from 8:51 P.M. to 9:07 P.M.
PUBLIC HEARINGS:
East Tract 16540 Portuguese Bend Club Zone Change (Case No. ZON2009-00053)
[Continued from July 7, 2009] (1802)
City Clerk Morreale reported this public hearing was continued from July 7, 2009 and
that late correspondence was distributed prior to the meeting regarding this item.
Mayor Pro Tem Wolowicz moved, seconded by Mayor Clark, to waive the staff report on
the item.
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August 4, 2009
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Council discussion ensued on the size of legal non-conforming lots in the East Tract
16540 Portuguese Bend area.
Mayor Pro Tem Wolowicz moved, seconded by Councilman Long, to approve the staff
recommendation to: 1) ADOPT RESOLUTION NO. 2009-58, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY
CERTIFYING A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT DETERMINING THAT NO SIGNIFICANT
ENVIRONMENTAL IMPACTS WOULD RESULT FROM THE PROPOSED "CLEAN-
UP" ZONE CHANGE FOR EAST TRACT 16540; and, 2) INTRODUCE ORDINANCE
NO. 496, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES,
APPROVING CASE NO. ZON2009-00053, A "CLEAN-UP" ZONE CHANGE FOR EAST
TRACT 16540 - PORTUGUESE BEND CLUB TO MAINTAIN CONSISTENCY WITH
THE CITY'S LOCAL COASTAL SPECIFIC PLAN AND TO CHANGE THE ZONING OF
CERTAIN PORTIONS OF SPECIFIC PROPERTIES THAT ARE ZONED SINGLE-
FAMILY RESIDENTIAL (RS-2) OR DUAL-ZONED SINGLE-FAMILY RESIDENTIAL
(RS-2 AND RS-5) TO SINGLE-FAMILY RESIDENTIAL (RS-5) WITH NO CHANGES
TO PORTIONS OF LOTS THAT ARE ZONED OPEN SPACE HAZARD (OH).
The motion passed on the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: None
Terranea Resort and Spa: ZON2009-00198 (Revision `L' to Conditional Use Permit
No. 215, et. aI.) (Mihranian) (1804)
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests received, late correspondence was distributed prior to the meeting, and
there was one request to speak on the item.
Councilman Long recused himself from discussion of this item on the advice of City
Attorney Lynch and left the dais at 9:15 P.M.
City Manager Lehr also recused herself from the discussion of the Terranea Resort item
and left the room at 9:15 P.M.
Mayor Clark declared the public hearing open and disclosed that he had a telephone
conversation earlier that day with Bob Lowe of Lowe Enterprises.
Principal Planner Mihranian presented a brief staff report explaining the reasons for
staffs recommendation to extend the compliance date for the 10 remaining conditions
of approval to November 1, 2009, and to allow the expansion of spa and massage
services.
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August 4, 2009
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City Attorney Lynch provided an update on the outstanding payment from the Terranea
Resort for the reimbursement to the City for the expenditures incurred in connection
with the development and preparation of the TOT Rebate Program and ordinance that
had been requested by the developer of the project.
Mayor Clark reported that Mr. Lowe had requested that the item be continued so that he
could be present to address the concerns of staff and the Council regarding this matter.
Todd Majcher, Long Point Development, LLC, stated that there have been discussions
regarding the nature of the TOT Rebate Program and the timing of the payment of the
City expenses, noting that Mr. Lowe had requested that the item be continued so that
he could speak to the Council's concerns.
Council discussion ensued regarding the Council's and staffs expectation that the City's
expenses regarding the TOT Rebate Program would be paid by Long Point
Development, LLC.
Mayor Clark moved, seconded by Mayor Pro Tem Wolowicz, to continue the public
hearing to August 18, 2009 and extend the Certification of Occupancy for the main hotel
building to August 18, 2009.
The motion passed on the following roll call vote:
AYES: Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Long (recused)
Councilman Long and City Manager Lehr returned to the meeting at 9:53 P.M.
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
Gifts for Parks (1201 x 602)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting on the item.
Director of Recreation and Parks Rosenfeld introduced the item and Senior
Administrative Analyst Waters provided information regarding a major donation from the
Vincent Conze Living Trust for $392,000; $55,000 from the Los Serenos de Point
Vicente Docents; and other monetary, artifact, and material donations from community
members and businesses.
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August 4, 2009
Page 7 of 10
Mayor Pro Tern Wolowicz moved, seconded by Councilman Long, to accept Gifts for
Parks donations, and direct staff to prepare donor letters of appreciation for the Mayor's
signature.
Without objection, Mayor Clark so ordered.
Potential Establishment of a Recreation and Parks Committee (1201)
Senior Administrative Analyst Waters provided a brief staff report outlining the reasons
for staffs recommendation not to establish a Recreation and Parks Committee.
Mayor Pro Tem Wolowicz moved, seconded by Councilman Long, to direct staff to work
with Mayor Pro Tern Wolowicz and Councilman Long to create a proposal to bring back
to the Council regarding the formation of a Recreation and Parks Committee, with a
defined work plan, proposed frequency of meetings, size of committee membership,
and staffing alternatives.
The motion passed on the following roll call vote:
AYES: Long, Wolowicz, and Mayor Clark
NOES: Stern
ABSENT: None
2008 Organizational Assessment— Status Report (1101)
City Manager Lehr provided a brief staff report regarding the item, highlighting the
completion of 49% of the tasks, others in progress, and goals for the future.
Ken Dyda, Rancho Palos Verdes, stated that the status report could be clarified by
offering staffs rationale regarding the comments.
Mayor Pro Tern Wolowicz moved, seconded by Councilman Stern, to receive and file
the report.
Without objection, Mayor Clark so ordered.
League of California Cities Annual Conference —Voting Delegate and Alternates
(1102)
Council discussion ensued regarding the proposed resolutions for consideration at the
upcoming League of California Cities' Annual Conference.
Ken Dyda, Rancho Palos Verdes, stated that he was opposed to the Council supporting
the proposed resolution to hold property owners responsible for under-aged drinking.
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August 4, 2009
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Mayor Pro Tern Wolowicz moved, seconded by Councilman Stern, that the Council
would take no position regarding the two proposed resolutions submitted for
consideration at the League of California Cities' Annual Conference.
The Council noted that a Voting Alternate would not be present at the Conference.
Without objection, Mayor Clark so ordered.
County-City Special Indemnity Agreement Related to the Sheriffs Contract and
Liability Trust Fund (1206)
Mayor Pro Tern Wolowicz moved, seconded by Mayor Clark, to authorize the Mayor to
sign the County-City Special Indemnity Agreement related to the Sheriffs Contract and
the Liability Trust Fund.
The motion passed on the following roll call vote:
AYES: Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: None
CITY COUNCIL ORAL REPORTS:
Without objection, City Council Oral Reports were deferred to the next meeting.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
Mayor Clark suggested that the following items be placed on a future agenda:
proposed Traffic Enforcement Augmentations; and, a Sister City Subcommittee Report.
Mayor Pro Tem Wolowicz suggested the following items be placed on a future agenda:
the appointment of a subcommittee to consider alternatives to existing Law
Enforcement Services; and, a possible Code Amendment regarding exotic animals
being permitted in the boundaries of the City.
Councilman Long suggested an item regarding Gifts to the City from estates and
Planned Giving Programs.
CLOSED SESSION REPORT:
City Attorney Lynch reported that with respect to the existing litigation with Rancho
Palos Verdes Neighbors for Community Compatibility v. City of Ranchos Palos Verdes,
the City Council voted to approve a potential Settlement Agreement regarding the St.
John Fisher project, (3-1), with Councilman Stern dissenting.
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August 4, 2009
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ADJOURNMENT:
At 11:05 P.M., Mayor Clark adjourned the meeting in the memory of Councilman and
Former Mayor Peter C. Gardiner to an adjourned meeting to conduct interviews of
applicants for the City Council vacancy to be held at 5:00 P.M. on August 18, 2009, in
the Multipurpose Room at Hesse Park.
Mayor Pro Tem Wolowicz shared the condolences of City of Rolling Hills Estates'
Councilman Frank Zerunyan with the community regarding Councilman Gardiner's
passing.
M yor
Attest:
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City Clerk
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City Council Minutes
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