CC MINS 20090901 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
SEPTEMBER 1, 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 Closed Session.
The meeting reconvened at 7:05 P.M.
City Council roll call was answered as follows:
PRESENT: Dyda, 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; Ray Holland, Interim Director of Public Works; Kit Fox, Associate Planner;
Gary Gyves, Senior Administrative Analyst; and, Teresa Takaoka, Deputy City Clerk.
FLAG SALUTE:
The Flag Salute was led by Assistant Fire Chief Barry Nugent.
MAYOR'S ANNOUNCEMENTS:
Mayor Clark recognized newly appointed Councilman Ken Dyda and presented him with
business cards, an official City Council pin, and a framed Certificate of Appointment to
the City Council. Mayor Clark presented Gina McLeod with a City tile for her years of
service on the Finance Advisory Committee.
Art Yoon, Manager of Government Affairs, Cox Communications, reported to the
Council on the problems associated with the broadcast of the August 18, 2009 City
Council Meeting and explained that the problem was due to a faulty transmitter.
Mayor Clark provided a PowerPoint presentation regarding the fire in the Portuguese
Bend area of the City of Rancho Palos Verdes on August 27 and August 28, 2009. City
Manager Lehr provided a summary of the following: staff response; coordination with
Rolling Hills; communications with the incident Command Post; and, communications
with the media, and local, State, and Federal officials.
Assistant Fire Chief Nugent provided a PowerPoint presentation and report regarding
the Los Angeles County Fire Department personnel, equipment and resources used in
response to the Portuguese Bend Incident Fire. He reported on communication with the
Los Angeles County Sheriffs Department for assistance in evacuation procedures; Los
Angeles Department of Animal Control to assist in animal rescue and shelter; and noted
that at the height of the fire there were more than 500 firefighters combating the fire. He
City Council Minutes
September 1, 2009
Page 1 of 8
reported that 230 acres were burned, 2 homes damaged, 2 outbuildings destroyed,
miscellaneous fencing and one satellite dish destroyed, and windows broken. He stated
the preliminary fire investigation report indicated that the fire was accidental in nature,
caused by an electrical power pole in the area. He summarized the new education
program titled "Ready, Set, Go" and encouraged residents to be prepared in advance of
a fire and to maintain brush clearance from around their residences.
Stan Myles, representative from the Public Affairs Office, South Coast Air Quality
Management District (SCAQMD) provided handouts for the community regarding health
tips and steps towards improving the air quality.
Sergeant Dave Rozas, Los Angeles County Sheriff Department, provided a report on
the command post activities the night of the Portuguese Bend Incident Fire and
emphasized that 9-1-1 is for emergencies only. He explained the evacuation procedure
used for the fire, commented on the closure of streets to all people in an emergency,
and discussed problems encountered due to the convergence of volunteers on the
scene.
Bill Orton, representative for Senator Roderick Wright, reported on the briefings of
Senator Wright during the Portuguese Bend Fire and commented on the State's role
regarding a State of Emergency and procedures regarding possible reimbursement to
the City of Rancho Palos Verdes and City of Rolling Hills.
RECYCLE DRAWING:
Mayor Clark announced Recyclers of the Month from the August 18, 2009 City Council
meeting: Len Woods and Melvin Daybel. 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 moved, seconded by Councilman Dyda, to approve the agenda as
presented.
Without objection, Mayor Clark so ordered.
PUBLIC COMMENTS:
None.
CITY MANAGER REPORT:
None.
NEW BUSINESS:
City Council Minutes
September 1, 2009
Page 2 of 8
APPROVAL OF CONSENT CALENDAR:
Councilman Stern moved, seconded by Councilman Dyda, to approve the Consent
Calendar.
The motion passed on the following roll call vote:
AYES: Dyda*, Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: None
*Councilman Dyda abstained from the Approval of the Minutes.
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 30, 2009 Special Meeting, with Councilman Dyda
abstaining.
Border Issues Status Report (310)
Received and filed the current report on the status of border issues.
Adoption of Ordinance No. 497 — Repeal of Ordinance No. 490 (Lynch) (1804)
ADOPTED ORDINANCE NO. 497, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, REPEALING ORDINANCE NO. 490 RELATING TO THE CITY'S
TRANSIENT OCCUPANCY TAX REBATE PROGRAM.
City Hall Campus Generator System Installation (1204)
Rejected all bids received for the subject project.
Claim Against the City by Ramiro Garcia (303)
Rejected the claim and directed staff to notify the claimant.
Claim Against the City by Ferlinda Pasek (303)
Rejected the claim and directed staff to notify the claimant.
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September 1, 2009
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Construction Contract for Arterial Street Resurfacing Project: ESPL-5413(010)
(1404)
1) Approved the project construction plans and specifications; 2) Authorized staff to
proceed with the overlay of Hawthorne Boulevard from Palos Verdes Drive West to
Dupre Drive and Verde Ridge Road to Indian Peak Road, northbound Palos Verdes
Drive West from Hawthorne Boulevard to the northerly city limit and a short segment of
eastbound Palos Verdes Drive South from Terranea Way to 2,200 feet west;
3) Awarded a $2,073,000 construction contract to All American Asphalt Company for
the overlay of Hawthorne Boulevard from Palos Verdes Drive West to Dupre Drive and
Verde Ridge Road to Indian Peak Road, northbound Palos Verdes Drive West from
Hawthorne Boulevard to the northerly city limit and a short segment of eastbound Palos
Verdes Drive South from Terranea Way to 2,200 feet west and authorized staff to spend
an additional 10% or $207,300 for possible extra work and contingencies; thereby
approving a $2,280,300 construction budget; 4) Authorized the Mayor and City Clerk to
execute a construction contract with All American Asphalt Company; 5) Awarded a
contract to Willdan Engineering, for the Construction Management, Inspection, and
Federal compliance services in the amount of$112,260 and authorized an additional
10% or$11,226 for unforeseen additional work or contingency, thereby approving a not
to exceed amount of$123,486 Construction Management and Inspection services
budget; and, 6) Authorized the Mayor and City Clerk to execute a contract with Willdan
Engineering.
Award Professional Services Contract with KOA Corporation/CBM Consulting
(604)
1) Awarded a contract for Professional Services to KOA Corporation/CBM Consulting
for an amount up to $62,000 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 $62,000.
July 2009 Monthly Report of Cash Balances (602)
Received and filed the July 2009 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Register of Demands
ADOPTED RESOLUTION NO. 2009-65, 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.
# # # # # #
City Council Minutes
September 1, 2009
Page 4 of 8
PUBLIC HEARINGS:
Property Tax Transfer Resolution Related to the Highridge Condominiums
Project, Located at 28220 Highridge Road (1411 x 701)
Deputy City Clerk Takaoka reported that notice of the public 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.
Councilman Long moved, seconded by Mayor Clark, to waive the staff report.
Without objection, Mayor Clark so ordered.
Bill Finer, representative of the property owner, stated he was present to answer the
Council's questions, if any.
Mayor Clark declared the public hearing closed.
Councilman Stern moved, seconded by Mayor Pro Tem Wolowicz, to adopt the Joint
Resolution of the Board of Supervisors of the County of Los Angeles, the City Council of
the City of Rolling Hills Estates, and the City Council of the City of Rancho Palos Verdes
approving and accepting the negotiated exchange of property tax revenue resulting
from the reorganization of territory known as "City of Rancho Palos Verdes
Reorganization No. 2009-02," consisting of detachment of territory from the City of
Rolling Hills Estates and annexation to the City of Rancho Palos Verdes.
The motion passed on the following roll call vote:
AYES: Dyda, Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: None
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
RECESS AND RECONVENE:
Mayor Clark called a brief recess from 8:40 P.M. to 8:46 P.M.
REGULAR NEW BUSINESS:
Planning Case No. ZON2009-00007 (Code Amendment and Environmental
Assessment): Revisions to the Landslide Moratorium Ordinance (Chapter 15.20 of
the Rancho Palos Verdes Municipal Code) to Establish an Exception Category to
Allow for the Future Development of the Sixteen (16) Monks Plaintiffs'
Undeveloped Lots in Zone 2 (1801)
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September 1, 2009
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Deputy City Clerk Takaoka reported that there were thirteen requests to speak on the
item.
Associate Planner Fox provided a brief staff report outlining the process for future
development of the sixteen Monks Plaintiffs' undeveloped lots in Zone 2. He reported
that a revised draft Mitigated Negative Declaration had been prepared and was
currently being circulated in accordance with California Environmental Quality Act
(CEQA) with the comment period to end on September 9, 2009; and that an
Environmental Impact Report (EIR) will be subsequently prepared for the entire Zone 2
region.
The following speakers were opposed to a Mitigated Negative Declaration for the
subject lots and requested an EIR for the entire Zone 2 landslide area due to landslide
issues related to the fragility of the area; health and safety issues; instability of the
ancient inactive landslide complex; storm water runoff and ground water issues; the
need for engineering guidelines for all 47 vacant lots in the area; and, geological issues.
Marianne Hunter, Portuguese Bend Alliance for Safety, Rancho Palos Verdes; William
Hunter (comments read by Marianne Hunter), Portuguese Bend Alliance for Safety,
Rancho Palos Verdes; Leanne Twidwell, Rancho Palos Verdes; Cassie Jones, Rancho
Palos Verdes; Lewis Enstedt, Portuguese Bend Alliance for Safety, Rancho Palos
Verdes; Robert Douglas, Rancho Palos Verdes; Yogesh Goradia, Rancho Palos
Verdes; and, Gordon Leon, Rancho Palos Verdes.
Lowell Wedemeyer, Rancho Palos Verdes, stated that the Council needs to establish a
scientific standard of safety to apply to the development of the 16 lots.
Martin Burton, Gilchrist and Rutter, counsel for Mr. Enstedt and the Portuguese Bend
Alliance for Safety, stated that the basic overarching theme of CEQA is that a large
project should not be divided into smaller pieces which individually may not have an
impact, but cumulatively could impact the area, causing destabilization. He stated this
was the exact situation occurring in the Zone 2 area.
Yen Hope, counsel for Mr. Enstedt and the Portuguese Bend Alliance for Safety,
Gilchrist and Rutter, stated that there were specific significant environmental impacts
not addressed in the Mitigated Negative Declaration including storm water runoff and
ground water issues in Altamira Canyon creating instability, new development which will
cause severe beachside erosion, erosion of soil and pollution runoff as a result of
grading and construction, and the effects of soil and silt erosion on the intertidal
species.
Stuart Miller, attorney for the Monks Plaintiffs, spoke in favor of the staff
recommendation requiring a Mitigated Negative Declaration and not an EIR, noting that
there was ample justification to distinguish the 16 Monks Plaintiffs' lots from the total of
47 vacant lots in Zone 2.
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September 1, 2009
Page 6 of 8
Council and staff discussion ensued regarding the following issues: the requirements
for State-imposed CEQA analysis, including an EIR; risks and safety concerns; future
liability claims and immunities for discretionary decisions; the application of building
requirements and use of Building Codes; the need for Building permits; and, full
disclosure of facts pertaining to the properties affected by the proposed ordinance.
Councilman Stern moved, seconded by Councilman Dyda, to approve staff
recommendation to: 1) INTRODUCE ORDINANCE NO. 498, AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES, REVISING THE CITY'S LANDSLIDE
MORATORIUM ORDINANCE TO ESTABLISH AN EXCEPTION CATEGORY TO
ALLOW THE DEVELOPMENT OF THE SIXTEEN (16) MONKS PLAINTIFF'S
UNDEVELOPED LOTS IN ZONE 2, as amended; and 2) Continue the matter to
September 15, 2009.
The motion passed on the following roll call vote:
AYES: Dyda, Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: None
Mayor's Appointment of City Council Members to Intergovernmental
Organizations and Associations (306)
Mayor Clark reported that he had reviewed the Council assignments for 2009, noted
that he had discussed the assignments with Councilman Dyda and suggested the
following changes:
City Selection Committee — substituting Councilman Dyda for Mayor Pro Tem Wolowicz;
League of California Cities L.A. County Division — substituting Councilman Dyda for
Councilman Stern; League of California Cities Annual Voting Delegate — substituting
Councilman Dyda for Councilman Long; Max Transit Policy Steering Committee —
substituting Councilman Dyda for City Manager Lehr; South Bay Cities Council of
Governments — substituting Councilman Dyda for Councilman Long; appointed
Councilman Dyda to the South Bay Cities Council Transportation Committee, which has
been open; appointed Councilman Dyda to the Southern California Association of
Governments, which has been open; and, Former Navy Housing Site/Bisno Liaison —
substituting Councilman Dyda for Mayor Clark.
CITY COUNCIL ORAL REPORTS:
Each Council Member reported on his attendance at various organization and
association meetings since the last City Council Oral Reports were provided on July 21,
2009.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
City Council Minutes
September 1, 2009
Page 7 of 8
Councilman Long requested information regarding a Reverse 9-1-1 system in the City of
Rancho Palos Verdes and a report regarding the cause of the Portuguese Bend
Incident Fire. He suggested a public information session regarding fire insurance to be
produced and aired on RPV TV Channel 33 and volunteered his assistance regarding
the matter.
Councilman Dyda requested an item regarding the evaluation of methods to abate the
Portuguese Bend landslide to protect Palos Verdes Drive South and the erosion of the
coastline.
Mayor Pro Tem Wolowicz requested an item regarding a Lessons Learned summary
from the Portuguese Bend Incident Fire.
Mayor Clark requested an item regarding an update on the Civic Center Tactical Goal.
CLOSED SESSION REPORT:
City Attorney Lynch reported that with respect to the Monks v. City of Rancho Palos
Verdes case, a report was given with no action taken.
ADJOURNMENT:
At 10:42 P.M., Mayor Clark adjourned the meeting to Saturday, September 12, 2009 at
9:00 A.M. for an Adjourned Regular Meeting to be held at the Peninsula Montessori
School Auditorium located at 31100 Hawthorne Boulevard, in the memory of the Los
Angeles County Fire Chief and Senior Fire Specialist who lost their lives in the Station
Fire earlier in the week.
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Mayor
Attest:
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City Clerk
W:1City Council Minutes12009\20090901 CC MINS.doc
City Council Minutes
September 1, 2009
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