CC MINS 20090915 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
SEPTEMBER 15, 2009
The meeting was called to order at 7:10 P.M. by Mayor Pro Tem Wolowicz at Fred
Hesse Community Park, 29301 Hawthorne Boulevard.
City Council roll call was answered as follows:
PRESENT: Dyda, Long, Stern, and Mayor Pro Tem Wolowicz
ABSENT: Clark (excused)
Also present were Carolyn Lehr, City Manager; Carol Lynch, City Attorney; Dennis
McLean, Director of Finance/Information Technology; Joel Rojas, Director of
Community Development; Greg Pfost, Deputy Planning Director; Ron Dragoo, Senior
Engineer; and, Carla Morreale, City Clerk.
FLAG SALUTE:
The Colors of the Flag were presented and Flag Salute led by Girl Scouts from Troop
No. 1205, under the guidance of their Troop Leader Maureena Benedict.
CEREMONIAL:
Mayor Pro Tem Wolowicz thanked the Equestrian Committee Members for their years
of service to the City and its residents and presented City tiles to the following
Equestrian Committee Members: Richard Bara, the late Kay Bara, Anna Maria Chu,
Gordon Leon, Charlene O'Neil, Madeline Ryan, and Rae Van Dinther. City tiles will also
be presented to two members who were not able to be present: Lynn Petak and Lynn
Swank.
MAYOR'S ANNOUNCEMENTS:
Mayor Pro Tern Wolowicz recognized Ralph's Market as the Business of the Month and
noted that the market celebrated its Grand Re-Opening in July 2009.
Mayor Pro Tern Wolowicz recognized the following Emergency Response Volunteer
Organizations for their assistance during the recent Portuguese Bend Incident Fire:
Peninsula Volunteer Alert Network (PVAN); Disaster Communications Service (DCS);
Neighborhood Watch (NW); and the Equine Response Team (ERT).
Mayor Pro Tem Wolowicz reported that Carine Johnson, a Peninsula High School
Senior and resident of Rancho Palos Verdes, was recently featured in a magazine titled
"Making the World a Better Place" and the Palos Verdes Peninsula Newspaper.
City Council Minutes
September 15, 2009
Page 1 of 11
RECYCLE DRAWING:
Mayor Pro Tern Wolowicz announced Recyclers of the Month from the September 1,
2009 City Council meeting: Olympia Harris and Brent Shannon. 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 Tern Wolowicz requested that Item No. 20 (Appointments to the Finance
Advisory Committee) be moved up to follow immediately after the Public Hearings.
Councilman Stern moved, seconded by Councilman Dyda, to approve the agenda as
amended with Item No. 20 to follow immediately after the Public Hearings.
Without objection, Mayor Pro Tern Wolowicz so ordered.
PUBLIC COMMENTS:
Bruce and Maureen Megowan, Palos Verdes Estates, stated that the Peninsula needs a
site for a dog park and provided petitions containing over 800 signatures of support.
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. 3.
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, and Mayor Pro Tern Wolowicz
NOES: None
ABSENT: Clark
*Councilman Dyda abstained from the Approval of the Minutes.
City Council Minutes
September 15, 2009
Page 2 of 11
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 July 7, 2009 and July 21, 2009 Regular Meetings.
New Five-Year Contract with Los Angeles County for Law Enforcement Services
(1206)
1) ADOPTED RESOLUTION NO. 2009-66, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, REQUESTING ADDITIONAL LAW
ENFORCEMENT SERVICES FROM THE LOS ANGELES COUNTY SHERIFF'S
DEPARTMENT UNDER THE CITY-COUNTY LAW ENFORCEMENT SERVICES
AGREEMENT; and, 2) Authorized the Mayor and the City Clerk to execute the 2009
City-County Law Enforcement Services Agreement on behalf of the City.
Claim Against the City by Jane Bowers (303)
Rejected the claim and directed staff to notify the claimant.
State of California Recreational Trails Program Grant— Palos Verdes Nature
Preserve at the Forrestal Reserve (1201)
ADOPTED RESOLUTION NO. 2009-67, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, AUTHORIZING STAFF TO FILE A STATE
RECREATIONAL TRAILS PROGRAM (RTP) GRANT FOR TRAIL AND TRAI LH EAD
IMPROVEMENTS AT THE FORRESTAL RESERVE AND COMMITTING THE
ALLOCATION OF 12% MATCHING FUNDS FOR THE GRANT PROJECT, IF
APPROVED.
State of California Habitat Conservation Fund Project Grant— Palos Verdes
Nature Preserve at the Portuguese Bend Reserve (1201)
ADOPTED RESOLUTION NO. 2009-68, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, AUTHORIZING THE PALOS VERDES
PENINSULA LAND CONSERVANCY (PVPLC), ON BEHALF OF THE CITY OF
RANCHO PALOS VERDES, TO SUBMIT A GRANT APPLICATION FOR THE
STATE'S HABITAT CONSERVATION FUND FOR TRAIL AND HABITAT
RESTORATION TO THE AREA DAMAGED BY THE RECENT FIRE AT THE
PORTUGUESE BEND RESERVE.
City Council Minutes
September 15, 2009
Page 3of 11
Register of Demands
ADOPTED RESOLUTION NO. 2009-69, 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.
# # # # # #
PUBLIC HEARINGS:
Appeal of the Planning Commission's Denial of Case No. ZON2001-00213
(Grading and Site Plan Review) for Property Located at 2700 1/2 San Ramon Drive
(1801)
City Clerk Morreale reported that notice of the public was duly published, written
protests were included in the staff report and late correspondence was distributed prior
to the meeting.
Mayor Pro Tern Wolowicz declared the public hearing open.
Councilman Long moved, seconded by Councilman Dyda, to waive the staff report.
Without objection, Mayor Pro Tem Wolowicz so ordered.
John Maloney, architect for the applicant, Culver City, described different aspects of the
design of the new home and the fire access that would be provided in development of
the site.
Council and staff discussion ensued regarding the time between the denial of the
original project, the subsequent redesign, and the reasons behind an appeal six years
later.
Laura McSherry, Rancho Palos Verdes, stated that San Ramon Drive is bounded by
canyons and noted that at the end of San Ramon there is an easement that cannot
accommodate a fire truck at this time, so there are fire access problems in that area.
John Feyk, stated that he was opposed to the project based on the instability of the land
in the area.
Mayor Pro Tern Wolowicz declared the public hearing closed.
Councilman Long moved, seconded by Councilman Stern, to deny the appeal without
prejudice and credit the appeal fee paid towards the new application fee.
The motion passed on the following roll call vote:
AYES: Dyda, Long, Stern, and Mayor Pro Tern Wolowicz
City Council Minutes
September 15, 2009
Page 4 of 11
NOES: None
ABSENT: Clark
Revisions "SS" to the Trump National Golf Course Project [Continued from July
21, 2009] (1411)
City Clerk Morreale reported that this public hearing was continued from July 21, 2009.
Deputy Planning Director Pfost provided a brief staff report updating the Council on the
present status of the Trump National Golf Course Project and outstanding items still
requiring completion.
Scott Wellman, counsel for Trump National Golf Course, stated that the staff
recommendation was acceptable to the Trump organization.
Mayor Pro Tem Wolowicz declared the public hearing closed.
Councilman Stern moved, seconded by Councilman Long, to ADOPT RESOLUTION
NO. 2009-70, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, ADOPTING ADDENDUM 39 TO ENVIRONMENTAL IMPACT
REPORT NO. 36; 2)ADOPT URGENCY ORDINANCE NO. 499U, AN ORDINANCE OF
THE CITY OF RANCHO PALOS VERDES, APPROVING AMENDMENT NO. 8 TO THE
TRUMP NATIONAL DEVELOPMENT AGREEMENT, AUTHORIZING AN EXTENSION
TO THE DEVELOPMENT AGREEMENT TO MARCH 17, 2010, AND DECLARING THE
URGENCY THEREOF; 3) Authorize the Mayor and the City Clerk to execute the
documents on behalf of the City; 4) Extend Vesting Tentative Tract Map No. 50666
consistent with the term of the Development Agreement; and, 5) ADOPT RESOLUTION
NO. 2009-71, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, AMENDING GRADING PERMIT NO. 1541 TO ALLOW AN
EXTENSION TO THE OPERATION OF THE DRIVING RANGE TO MARCH 17, 2010.
The motion passed on the following roll call vote:
AYES: Dyda, Long, Stern, and Mayor Pro Tem Wolowicz
NOES: None
ABSENT: Clark
Appointments to the Finance Advisory Committee (106 x 602)
City Clerk Morreale distributed ballots for the appointments to the Finance Advisory
Committee.
After two rounds of balloting, Anthony Self and David Bradley were appointed to the
Finance Advisory Committee to fill the two vacancies, each with an unexpired term of
office until December 6, 2010.
City Council Minutes
September 15, 2009
Page 5 of 11
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
Request to Waive a Portion of the Penalty Fee for an After-the-Fact Extreme Slope
Permit and Site Plan Review (Case No. ZON2009-00317) for a Property Located at
6842 Crest Road (1203)
Councilman Long moved, seconded by Councilman Stern, to waive the staff report.
Without objection, Mayor Pro Tem Wolowicz so ordered.
Councilman Stern moved, seconded by Councilman Dyda, to approve a modification of
the applicant's fee waiver request, thereby agreeing to waive $817 in penalty fees as
opposed to the applicant's request to waive $2,299 in penalty fees associated with the
submittal of a current after-the-fact planning application.
The motion passed on the following roll call vote:
AYES: Dyda, Long, Stern, and Mayor Pro Tern Wolowicz
NOES: None
ABSENT: Clark
Pilot Program Status Report on the Automatic License Plate Recognition (ALPR)
System (1206)
Los Angeles County Sheriff Deputy Brandon Epp, Lomita Sheriff's Station, provided a
status report and statistics regarding the use of the Automatic License Plate
Recognition System in the initial six-month period.
Councilman Stern moved, seconded by Councilman Long, to direct staff to present the
findings at the Regional Law Enforcement Committee meeting on November 12, 2009
to determine if there is interest in expanding the program regionally.
Without objection, Mayor Pro Tem Wolowicz so ordered.
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)
City Attorney Lynch provided a brief staff report regarding the item.
City Council Minutes
September 15, 2009
Page 6of 11
Scott Wellman, counsel for the Monks Plaintiffs, spoke in support of the staff
recommendation, noting several of the conditions imposed by staff, and commended
staff on the thorough job that was done regarding this matter.
Stuart Miller, counsel for the Monks Plaintiffs, echoed the comments of Mr. Wellman.
Yogesh Goradia, spoke in opposition to the staff recommendation and stated that all 47
lots in Zone 2 should be treated in the same manner.
City Attorney Lynch clarified that there is a mitigation monitoring program attached to
the Resolution which outlines the mitigation measures outlined by staff. She also noted
that staff is preparing an Environmental Impact Report (EIR) to analyze all 47 lots in
Zone 2.
Councilman Stern moved, seconded by Councilman Dyda, to approve the staff
recommendation to: 1) ADOPT RESOLUTION NO. 2009-72, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CERTIFYING THE
MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING
PROGRAM; and, 2) ADOPT ORDINANCE NO. 498, AN ORDINANCE OF THE CITY
OF RANCHO PALOS VERDES, ADOPTING AMENDMENTS TO CHAPTER 15.20
(MORATORIUM ON LAND USE PERMITS) 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.
The motion passed on the following roll call vote:
AYES: Dyda, Long, Stern, and Mayor Pro Tem Wolowicz
NOES: None
ABSENT: Clark
RECESS AND RECONVENE:
Mayor Pro Tem Wolowicz called a brief recess from 8:49 P.M. to 8:57 P.M.
Code Amendment to Chapter 17.11 "Affordable Housing" and Chapter 17.96
"Definitions" (Case No. ZON2009-00125) (1801 x 701)
Councilman Stern moved, seconded by Councilman Long, to waive the staff report.
Councilman Dyda moved, seconded by Councilman Stern, to approve the staff
recommendation to REINTRODUCE 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.
City Council Minutes
September 15, 2009
Page 7of 11
The motion passed on the following roll call vote:
AYES: Dyda, Long, Stern, and Mayor Pro Tem Wolowicz
NOES: None
ABSENT: Clark
East Tract 16540 Portuguese Bend Club Zone Change (Case No. ZON2009-00053)
(1802)
Councilman Stern moved, seconded by Councilman Dyda, to waive the staff report.
Councilman Stern moved, seconded by Councilman Long, to approve the staff
recommendation to: 1) REINTRODUCE ORDINANCE NO. 496 AN ORDINANCE OF
THE CITY OF RANCHO PALOS VERDES, APPROVING 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); and, 2) ADOPT ORDINANCE NO. 496U, AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES, APPROVING 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), AND DECLARING THE URGENCY THEREOF.
The motion passed on the following roll call vote:
AYES: Dyda, Long, Stern, and Mayor Pro Tem Wolowicz
NOES: None
ABSENT: Clark
Amended and Restated Agreement to Purchase Additional Acreage to be
Included in the Palos Verdes Nature Preserve (1201)
City Attorney Lynch provided a staff report regarding this item. She reported that this
item approves the agreement between the City, the Palos Verdes Peninsula Land
Conservancy (PVPLC), and the California State Coastal Conservancy for the purchase
of 161 acres of the Upper Filiorum Property along with a dedication of an additional 30
acres by the property owner to mitigate the possible future development of the Plumtree
City Council Minutes
September 15, 2009
Page 8 of 11
property, bringing the total to 191 acres. She noted the importance of obtaining the
property since it provides connectivity between the East and West portions of the Palos
Verdes Nature Preserve.
Director of Community Development Rojas stated that the $6.5 million for this land
acquisition was comprised of$5.5 million from the State Coastal Conservancy; $50,000
from the County of Los Angeles from the efforts of Supervisor Knabe; $400,000 from
the PVPLC; and, $650,000 from the City.
Councilman Long moved, seconded by Councilman Dyda, to approve the Amended and
Restated Purchase, Sale and Donation Agreement and Joint Escrow Instructions
between the City, the Palos Verdes Peninsula Land Conservancy (PVPLC), and York
Long Point Associates (YLPA) to purchase 161 acres of open space and accept 30
acres of donated open space; 2) Authorize the Mayor to execute the Agreement and its
attachments on behalf of the City; and, 3) Determine that the purchase and donation is
consistent with the City's General Plan.
The motion passed on the following roll call vote:
AYES: Dyda, Long, Stern, and Mayor Pro Tem Wolowicz
NOES: None
ABSENT: Clark
Grant Applications for Acquisition of Open Space (602 x 950)
Councilman Long moved, seconded by Councilman Dyda, to waive the staff report and
approve the staff recommendation to: 1) Approve the submission of an application for
grant funds from the State of California, Department of Parks and Recreation, Bond Act
of 2002 for Per Capita Grant in an amount up to $220,000, for the acquisition of critical
natural lands and wildlife habitat in the Portuguese Bend area for preservation as open
space; 2) Approve the submission of an application for grant funds from the County of
Los Angeles, Regional Park and Open Space, for Proposition A (Measure A) Grant in
the amount of$10,913, as amended, for the acquisition of critical natural lands and
wildlife habitat in the Portuguese Bend area for preservation as open space; 3) Approve
the use of up to $419,087 of Capital Improvement Project Fund Reserves for the
acquisition of critical natural lands and wildlife habitat in the Portuguese Bend area for
preservation as open space; and, 4) ADOPT RESOLUTION NO. 2009-73, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
AMENDING RESOLUTION 2009-40, THE BUDGET APPROPRIATION FOR FISCAL
YEAR 2009-10, FOR A BUDGET ADJUSTMENT TO THE CITY'S MEASURE A
CAPITAL FUND, AND CAPITAL IMPROVEMENT PROJECTS FUND.
The motion passed on the following roll call vote:
AYES: Dyda, Long, Stern, and Mayor Pro Tem Wolowicz
City Council Minutes
September 15, 2009
Page 9 of 11
NOES: None
ABSENT: Clark
Proposed Amendment of City Council Policy No. 37 (306)
Councilman Stern provided a brief staff report on the item. He reported that his
proposal relates to City Council Policy No. 37, which is the Council's naming policy for
City facilities and the policy regarding recognition by allowing plaques on park benches,
names on the Wall of Honor, etc. He stated that he proposed the Wall of Honor to be
located at the Pt. Vicente Interpretive Center along with other improvements to that site.
Council discussion ensued regarding the benefits and disadvantages of the passage of
time after the passing of a person who has made significant contributions to the City;
the artificial constraint of limiting of the number of names on the Wall of Honor; the
consideration of the Council passing a resolution, as a permanent record of the City,
recognizing the service of a particular individual; the dedication of Founders Park to the
founders of the City of Rancho Palos Verdes; criteria to be used to determine significant
contributions to the City;
Councilman Stern moved, seconded by Councilman Dyda, to 1) Direct Staff to approach
the Annenberg Foundation on the feasibility of designing and incorporating the Wall of
Honor as part of the current joint enhancement program for Lower Point Vicente Park;
and, 2) Modify Policy No. 37, as amended, to provide that when naming a City facility
after an individual, a period of at least five years shall have passed following the death
of such person, to allow perspective and a period of reflection before the City Council
acts to name a facility after that individual, noting that the passage of time will increase
the likelihood that decisions comply with the standards of Policy No. 37. Council
directed that the limit on the number of names on the Wall of Honor be eliminated; and
that when name recognition is considered staff should consult with the local Historical
Society, if any, regarding the significance of the individual's contributions.
The motion passed on the following roll call vote:
AYES: Dyda, Long, Stern, and Mayor Pro Tem Wolowicz
NOES: None
ABSENT: Clark
Ordinance Adopting a City Council Salary In Lieu of the Current Monthly Expense
Reimbursement (306)
City Attorney Lynch provided a brief staff report regarding this item.
Council discussion ensued regarding the amount of the monthly stipend.
City Council Minutes
September 15, 2009
Page 10 of 11
Councilman Long moved, seconded by Councilman Stern, to INTRODUCE
ORDINANCE NO. 500, AS AMENDED, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, CODIFYING THE COMPENSATION POLICY FOR
REIMBURSEMENT OF CITY COUNCIL MEMBERS' EXPENSES AND AMENDING
THE RANCHO PALOS VERDES MUNICIPAL CODE.
The motion passed on the following roll call vote:
AYES: Dyda, Long, and Stern
NOES: Mayor Pro Tem Wolowicz
ABSENT: 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
September 1, 2009.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
Mayor Pro Tem Wolowicz requested that a presentation of the Emergency Operations
Center regarding functions and discussion of the role of Council Members during an
emergency be scheduled at a Council Meeting after the seating of the new Council
Members.
ADJOURNMENT:
At 10:23 P.M., Mayor Pro Tem Wolowicz adjourned the meeting to Tuesday, September
29, 2009 at 7:00 P.M. for at Hesse Park for an Adjourned Regular Council Meeting/Joint
Planning Commission Workshop.
Mayor
Attest:
City Clerk
W:\City Council Minutes\2009\20090915 CC MINS.doc
City Council Minutes
September 15, 2009
Page 11 of 11