CC MINS 20091006 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
OCTOBER 6, 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 7:00 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; Joel Rojas, Director of Community Development; Ron Dragoo, Senior
Engineer; Gary Gyves, Senior Administrative Analyst; and, Carla Morreale, City Clerk.
Also present was Assistant City Attorney Shiri Klima.
FLAG SALUTE:
The Flag Salute was led by Assistant City Attorney Klima.
MAYOR'S ANNOUNCEMENTS:
None.
RECYCLE DRAWING:
Mayor Clark announced Recyclers of the Month from the September 15, 2009 City
Council meeting: Henk Wories and Bill Kostich. 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 Mayor Pro Tem Wolowicz, to approve the
agenda as presented.
Without objection, Mayor Clark so ordered.
PUBLIC COMMENTS:
City Council Minutes
October 6, 2009
Page 1 of 10
Craig Mueller, Rancho Palos Verdes, stated that he was running for City Council in the
November 3, 2009 Election and raised concerns regarding an email sent to residents by
Councilman Long.
Councilman Long stated that he would make two factual corrections to errors made in
Mr. Mueller's statement.
City Attorney Lynch and Council discussion ensued regarding the differences between
legislative and quasi judicial decisions; recusals and conflicts; and, changes and
revisions to projects that may change the conflicts and recusals.
CITY MANAGER REPORT:
City Clerk Morreale reported that late correspondence, consisting of the PowerPoint,
was distributed prior to the meeting.
City Manager Lehr provided a status update report regarding the closure of the
Portuguese Bend Nature Reserve due to the wildfire that occurred on August 27, 2009.
Lia Protopapadakis, Marine Science and Policy Specialist, Santa Monica Bay
Restoration Commission, provided a summary report on the Marine Life Protection Act
and the restoration and enhancement of the Santa Monica Bay, South Bay area, and
the Palos Verdes Peninsula coastal area.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding Item No. 8.
Councilman Stern requested that Item No. 6 (Adoption of Ordinance No. 500 - City
Council Salary in Lieu of the Current Monthly Expense Reimbursement) be removed
from the Consent Calendar.
Councilman Dyda made brief inquiries regarding Item No. 9 (Amendment to the
Professional Services Agreement with HF&H) and Item No. 10 (Award Construction
Contract for Hesse Park Playground Improvements).
Mayor Pro Tem Wolowicz moved, seconded by Councilman Long, to approve the
Consent Calendar, as amended, with Item No. 6 (Adoption of Ordinance No. 500 - City
Council Salary in Lieu of the Current Monthly Expense Reimbursement) to follow
immediately after the Consent Calendar.
The motion passed on the following roll call vote:
City Council Minutes
October 6, 2009
Page 2 of 10
AYES: Dyda*, Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: None
*Councilman Dyda abstained from the Approval of the Minutes of August 4 and August
18, 2009.
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 August 4, 2009,* August 18, 2009,* and September 1,
2009 Regular Meetings.
*Councilman Dyda abstained from the Approval of the Minutes of August 4 and August
18, 2009.
Border Issues Status Report (310)
Received and filed the current report on the status of border issues.
Adoption of Ordinance No. 495— Code Amendment to Chapter 17.11 "Affordable
Housing" and Chapter 17.96 "Definitions" (Case No. ZON2009-000125)
(1801 x 701)
ADOPTED 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.
Adoption of Ordinance No. 496 - East Tract 16540 Portuguese Bend Club Zone
Change (Case No. ZON2009-00053) (1802)
ADOPTED 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).
City Council Minutes
October 6, 2009
Page 3 of 10
City Traffic Engineering Services Agreement (1204)
1) Awarded a contract for City Traffic Engineering Services to Willdan Engineers for
Fiscal Years 2009-2010 and authorized the Mayor and City Clerk to execute the
agreement; and, 2)Authorized the expenditure of$55,000 for City Traffic Engineering
services for FY 09-10.
Award a Contract for Landslide Monitoring at Abalone Cove and Portuguese
Bend (1204)
1) Awarded a contract to Charles Abbott Associates, Inc. in the amount of$50,000, to
perform a GPS survey of all existing points within the Portuguese Bend/Abalone Cove
Landslide area and to prepare the associated report; and, 2)Authorized the expenditure
of$50,000 for the required survey and associated report, and authorized the
expenditure of up to $1,500 (3%) as a project contingency in the event additional work
is identified during the field survey and is determined to be required by the Director of
Public Works.
Amend the Professional Services Agreement with HF&H Requesting Additional
Funds for Further Evaluation of Proposals for Residential Solid Waste Services
(1301)
1) ADOPTED RESOLUTION NO. 2009-74, 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 regarding additional
review and evaluation of proposers' services, and increase their existing contract in the
amount not to exceed $165,500 by a maximum additional amount of$29,500, for a total
contract not to exceed $195,000; and, 3) Authorized the Mayor and City Clerk to sign
Amendment No. 2 to the professional services contract with HF&H Consultants, LLC.
Award Construction Contract for Hesse Park Playground Improvements (1201)
1) Awarded a construction contract for Hesse Park Playground Improvements to Green
Giant Landscape, Inc. in the amount not to exceed $186,913.50 and authorized staff to
spend an additional 10% or$18,691.35 for potential change orders which may result
from unforeseen conditions for a total authorization of$205,604.85; and, 2) Authorized
the Mayor and City Clerk to execute the construction contract with Green Giant
Landscape, Inc.
Register of Demands
City Council Minutes
October 6, 2009
Page 4 of 10
ADOPTED RESOLUTION NO. 2009-75, 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:
Adoption of Ordinance No. 500 - City Council Salary In Lieu of the Current
Monthly Expense Reimbursement (306)
Councilman Stern stated that he asked this item be removed from the Consent
Calendar to make an amendment to the ordinance.
Councilman Stern moved, seconded by Mayor Clark, to amend the amount of the
monthly compensation to the City Council Members from $350 to $400.
Council discussion ensued regarding the current amount of reimbursement and the
number of years since an increase.
Mayor Pro Tem Wolowicz moved an amendment to the motion, seconded by
Councilman Dyda, to make the effective date of the change in City Council monthly
reimbursement December 1, 2009.
The amendment to the motion passed on the following roll call vote:
AYES: Dyda, Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: None
INTRODUCED 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, Stern, and Mayor Clark
NOES: Wolowicz
ABSENT: None
RECESS AND RECONVENE:
Mayor Clark called a brief recess from 7:57 P.M. to 8:10 P.M.
PUBLIC HEARINGS:
City Council Minutes
October 6, 2009
Page 5 of 10
Appeal of Planning Case Nos. ZON2008-00326 and SUB2008-00004 (Coastal
Permit and Lot Line Adjustment): Request to Overturn the Planning
Commission's Denial of an Appeal of the Hearing Officer's Approval of a Coastal
Permit and Lot Line Adjustment Involving Properties Located at 3 Yacht Harbor
Drive and 4194 Maritime Road (701)
City Clerk Morreale reported that notice of the public was duly published and written
protests were included in the staff report and late correspondence which was distributed
prior to the meeting.
Mayor Clark declared the public hearing open.
Director of Community Development Rojas provided a staff report regarding the item.
He reported that in April 2009, in his capacity as Hearing Officer, he had conditionally
approved the request for a Coastal Permit and Lot Line Adjustment regarding two
developed and two undeveloped lots in the Portuguese Bend community. He stated
that his approval was appealed to the Planning Commission and the Planning
Commission subsequently denied the appeal and upheld his decision, which resulted in
the appellants bringing the item forward for Council's consideration.
Director Rojas provided an overview and PowerPoint presentation regarding the
configuration of the parcels, size, and the findings that must be made for the approval of
the Coastal Permit and Lot Line Adjustment.
Director Rojas reported that the basis for the appellants appeal was that they were
skeptical that Government Code (GC) Section 66412(d) dealing with Lot Line
Adjustments was satisfied. He noted that there was some ambiguity with the GC
Section 66412(d), but the City Attorney's Office reviewed the matter and opined that it
was reasonable to conclude that the proposed project was compliant with GC Section
66412(d).
Council and staff discussion ensued regarding the configuration of the parcels and
information contained in a confidential memorandum to the Council that might help add
some guidance to the matter.
Mayor Pro Tem Wolowicz moved, seconded by Councilman Dyda, to recess to Closed
Session to discuss the consideration of the Council's waiver of the Attorney/Client
privilege regarding portions of a memorandum written to the Council to address issues
regarding Public Hearing Item No. 12.
Without objection, Mayor Clark so moved.
RECESS TO CLOSED SESSION:
Mayor Clark recessed the Regular Meeting to Closed Session at 8:32 P.M.
City Council Minutes
October 6, 2009
Page 6 of 10
RECONVENE TO OPEN SESSION:
Mayor Clark reconvened the meeting to Open Session at 8:42 P.M.
CLOSED SESSION REPORT:
Mayor Clark reported that after discussion in Closed Session the Council decided to
waive the Attorney/Client privilege regarding portions of a memorandum written to the
Council to address issues regarding Public Hearing Item No. 12.
Councilman Long moved, seconded by Councilman Stern, to waive the Attorney/Client
privilege regarding portions of a memorandum dated October 1, 2009, which was
written to the Council to address issues regarding Public Hearing Item No. 12.
Without objection, Mayor Clark so ordered.
Council and staff discussion ensued regarding situations requiring an application to the
Subdivision Map Act versus those requiring an application for a Lot Line Adjustment; the
manner in which the parcels are adjoined; the possibility of a sequence of lot line
adjustments to affect the same result as the request before Council; the criteria and
conditions required for a valid basis of a decision; and the matter may be appealed to
the Coastal Commission.
Teresa Carmen, Rancho Palos Verdes, spoke in support of the appeal noting that the
Lot Line Adjustment appears to be a way to bypass the Subdivision Map Act.
Sunshine, Coastwalk, Rancho Palos Verdes, spoke in support of the appeal, noting that
the lot coverage has not been considered in regard to the Coastal Specific Plan, which
could eliminate open space in the coastal zone.
Lenee Bilski, Rancho Palos Verdes, spoke in support of the appeal, commented on the
need for a variance permit for Lot No. 41 if it is reduced under 20,000 square feet; the
transfer of the maintenance building on Parcel 1 to the Portuguese Bend Club; the
application as proposing a major change in the density and intensity of use of land; and,
the complexities of the application.
Debra Hansen, Rancho Palos Verdes, spoke in support of the appeal, noting that she
did not believe the application was a legal lot line adjustment since the lots are not all
adjoining.
Joe Lindorfer, Rancho Palos Verdes, spoke in support of the appeal, stating that the
proposed lot line adjustment violates the letter of the law and does not meet the intent of
the law, since the parcels are not adjoining and not intended for subdivision.
City Council Minutes
October 6, 2009
Page 7 of 10
Lisa Weinberger, attorney for the applicants, Santa Monica, stated that this proposal
stems from neighbors trying to clarify boundary issues, noting that the proposal was
presented to save time and money; to correct an encroachment issue between the
Stewart's and Johnson's lots; the agreement between the Johnson's to deed over Yacht
Harbor Drive to the Portuguese Bend Club who already controls all but that portion of
Yacht Harbor Drive; the process that would have to be followed if development were
proposed for the Rock Mesa lot which is a heavily restricted lot with multiple easements;
and, the steepness of Parcel D.
Stephen Stewart, applicant, Rancho Palos Verdes, spoke in support of the proposed Lot
Line Adjustment and stated that there were many residents who support the proposal.
Mark Masara, Sierra Club Coastal Program, San Francisco, stated that this proposal
creates new development rights by the approval of the Lot Line Adjustment.
Joe Lindorfer, appellant, Rancho Palos Verdes, rebutted that there is a difference
between the words adjoining and contiguous; and noted that there has not been a clear
step by step sequence approach to the lot line adjustments.
Mayor Clark declared the public hearing closed.
Councilman Long moved, seconded by Mayor Pro Tem Wolowicz, to sustain the appeal
on the grounds that the project does not constitute a Lot Line Adjustment.
The motion passed on the following roll call vote:
AYES: Dyda, Long, Wolowicz, and Mayor Clark
NOES: Stern
ABSENT: None
RECESS AND RECONVENE:
Mayor Clark called a brief recess from 10:11 P.M. to 10:15 P.M.
Mayor Clark left the meeting at 10:11 P.M.
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
Planning Case No. ZON2009-00314 (Code Amendment Initiation Request): A
Request to Consider Initiating a Code Amendment to Revise the City's Exotic
Animal Keeping Regulations (1804)
Director of Community Development Rojas provided a brief staff report on the item.
City Council Minutes
October 6, 2009
Page 8 of 10
Council discussion ensued regarding the sights, sounds and smells that could raise
concerns for neighbors regarding exotic animal keeping; the issuance of an exotic
animal permit if it is not detrimental to the public health, safety or general welfare and if
the site is adequate to accommodate the proposed use, without material detriment to
the use, enjoyment or valuation of the properties in the vicinity; and, .
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Ray DiPietro, Rancho Palos Verdes, spoke in opposition to exotic animal permits being
allowed in the City of Rancho Palos Verdes, noting that chicken coops can decrease the
value of a homeowner's property.
Michael Feygin, Rancho Palos Verdes, stated that he recently applied for a chicken
coop for four hens along with a vegetable garden for the creation of a sustainable living
environment for his family and as an educational tool for his son and his school friends.
Council discussion ensued regarding the few number of exotic animal permits applied
for over the years; the increase in frequency of exotic animal permits in the last year;
the need for some guidelines and limitations; and, problems associated with the keeping
of barnyard animals.
Councilman Dyda moved, seconded by Councilman Long, to direct staff to review the
Longmont, Colorado's ordinance regarding animal permits and return to the City Council
with information.
The motion passed on the following roll call vote:
AYES: Dyda, Long, and Mayor Pro Tem Wolowicz
NOES: Stern
ABSENT: Clark
Appointment of Board Members to the Abalone Cove Landslide Abatement
District Board (2000)
Councilman Stern moved, seconded by Councilman Dyda, to waive the staff report and
approve the staff recommendation to appoint Robert Douglas and Michael Barth to full
four-year terms of office on the Abalone Cove Landslide Abatement District Board until
September 2013, with the gratitude of the Council.
The motion passed on the following roll call vote:
AYES: Dyda, Long, Stern, and Mayor Pro Tem Wolowicz
NOES: None
ABSENT: Clark
City Council Minutes
October 6, 2009
Page 9 of 10
Appointment of Board Members to the Miraleste Recreation and Park District
Board (1201)
Councilman Long moved, seconded by Councilman Dyda, to waive the staff report and
approve the staff recommendation to appoint Peter Glusac and David Feldman to the
Miraleste Recreation and Park District Board until December 2013, with the gratitude of
the Council.
The motion passed on the following roll call vote:
AYES: Dyda, Long, Stern, and Mayor Pro Tem Wolowicz
NOES: None
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 15, 2009.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
Councilman Dyda stated that he was meeting with Interim Public Works Director
Holland and City Geologist Lancaster regarding the evaluation of methods to abate the
Portuguese Bend landslide to avoid the constant cost of repairing Palos Verdes Drive
South.
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: Adjourned at 11:11 P.M. to Saturday, October 17, 2009 at 9:00 A.M.
at Pt. Vicente Interpretive Center for an Adjourned Regular Meeting/Community
Leaders' Breakfast.
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W:\City Council Minutes\2009\20091006 CC MINS.doc
City Council Minutes
October 6, 2009
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