CC MINS 20091020 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
OCTOBER 20, 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 7:08 P.M.
City Council roll call was answered as follows:
PRESENT: Dyda, Stern, Wolowicz, and Mayor Clark
ABSENT: Long (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 Community Development; Ray Holland, Interim
Director of Public Works; Ara Mihranian, Principal Planner; Eduardo Schonborn, Senior
Planner; Nicole Jules, Senior Engineer; Gary Gyves, Senior Administrative Analyst;
and, Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Mayor Pro Tem Wolowicz.
CEREMONIAL:
Mayor Clark thanked the Public Use Master Plan (PUMP) Committee Members for their
years of service to the City and its residents and presented City tiles to the following
former members of the PUMP Committee: Donald Bell, Arlene Block, Barry
Bonnickson, Troy Braswell, Eva Cicoria, Al Edgerton, Bill James, Vic Quirarte, Ann
Shaw, Paul Tetreault, John Wessel, and Kurt Loheit. City tiles were also presented for
Marc Jacobowitz, Cassie Jones, Gordon Leon, and John Stevens, who were not able to
be present.
MAYOR'S ANNOUNCEMENTS:
Mayor Clark presented Anne Kienberger and George and Barbara Gleghorn with the
Mayor's RPV Heroes awards.
RECYCLE DRAWING:
Mayor Clark announced Recyclers of the Month from the October 6, 2009 City Council
meeting: James C. Haggerty and Dale Lambrose. He indicated that all winners receive
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October 20, 2009
Page 1 of 12
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 Dyda, to approve the
agenda as presented.
Without objection, Mayor Clark so ordered.
PUBLIC COMMENTS:
None.
CITY MANAGER REPORT:
City Manager Lehr provided a status report regarding recent power outages in the
BerryhillNia Victoria Neighborhood due to a failure in Southern California Edison's
underground cable.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding Item No. 2 (Approval of the Minutes).
Mayor Pro Tem Wolowicz stated that he would make a brief comment regarding Item
No. 5 (Adoption of Ordinance No. 500 - City Council Salary In Lieu of the Current
Monthly Expense Reimbursement) at the time of the Consent Calendar roll call vote.
Councilman Stern requested that Item No. 4 (Appeal of Planning Case Nos. ZON2008-
00326 and SUB2008-00004 - Coastal Permit and Lot Line Adjustment) be removed
from the Consent Calendar for a separate vote.
Mayor Pro Tem Wolowicz requested that Item No. 3 (Update of the Finance Committee
Work Plan) be removed from the Consent Calendar.
Mayor Clark moved, seconded by Councilman Dyda, to approve the Consent Calendar,
as amended, with Item No. 3 (Update of the Finance Committee Work Plan) and Item
No. 4 (Appeal of Planning Case Nos. ZON2008-00326 and SUB2008-00004 - Coastal
Permit and Lot Line Adjustment) removed from the Consent Calendar, to follow
immediately after the Consent Calendar.
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October 20, 2009
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The motion passed on the following roll call vote:
AYES: Dyda, Stern, Wolowicz*, and Mayor Clark
NOES: None
ABSENT: Long
*Mayor Pro Tem Wolowicz voted no on Item No. 5 (Adoption of Ordinance No. 500 -
City Council Salary In Lieu of the Current Monthly Expense Reimbursement).
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 29, 2009 Special Meeting Special Meeting;
September 12, 2009 Adjourned Regular Meeting; September 15, 2009 Adjourned
Regular Meeting (Interviews); and, the September 15, 2009 Regular Meeting, as
amended.
Adoption of Ordinance No. 500 - City Council Salary In Lieu of the Current
Monthly Expense Reimbursement (306)
ADOPTED ORDINANCE NO. 500, 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.
Appointment of Board Members to the Ridgecrest Ranchos Recreation and Park
District Board (1200)
Appointed John Polen, Tom Carter, and Joyce Huppert to the Ridgecrest Ranchos
Recreation and Park District Board until December 2013.
Appointment of Board Members to the Klondike Canyon Geologic Hazard
Abatement District Board (2100)
Appointed Dennis Jaconi, Gail Lovrich, and Senior Engineer Ron Dragoo each to a full
four-year term of office on the Klondike Canyon Geologic Hazard Abatement District
Board until September 2013.
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October 20, 2009
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Transfer Agreement with the County of Los Angeles for a Remainder Parcel at
Robert E. Ryan Park (1201 x 950)
Authorized the Mayor and City Clerk to execute the Transfer Agreement with the County
of Los Angeles to transfer a remainder parcel associated with Robert E. Ryan Park to
the City of Rancho Palos Verdes.
Register of Demands
ADOPTED RESOLUTION NO. 2009-76, 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.
# # # # # #
ITEMS REMOVED FROM THE CONSENT CALENDAR:
Update of the Finance Advisory Committee Work Plan (602)
Mayor Pro Tem Wolowicz inquired as to the appropriateness of the use of the Finance
Advisory Committee (FAC) to review the financial situation of the Marymount project
since a number of projects in surrounding cities have been abandoned as a result of the
change in the economy.
City Attorney Lynch stated that it would not be appropriate for the FAC to review a
project that is completely on private property. She noted that the City has historically
required the posting of performance bonds for grading work and to ensure that erosion
control measures are in place for large projects such as Marymount in the situation
where a developer might have to walk away from the project. She reported that these
steps would ensure the safety of the project site for the community.
Mayor Pro Tem Wolowicz moved, seconded by Councilman Stern, to approve the
revised 2009-2010 Finance Advisory Committee Work Plan to include the review of the
General Plan Fiscal Element.
Without objection, Mayor Clark so ordered.
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 Hearings Officer's Approval of a Coastal
Permit and Lot Line Adjustment Involving Properties Located at 3 Yacht Harbor
Drive and 4194 Maritime Road (701)
Mayor Pro Tem Wolowicz moved, seconded by Councilman Dyda, to ADOPT
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October 20, 2009
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RESOLUTION NO. 2009-77, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, THEREBY UPHOLDING THE APPEAL AND
OVERTURNING THE PLANNING COMMISSION'S ACTION UPHOLDING THE
HEARINGS OFFICER'S CONDITIONAL APPROVAL OF THE REQUESTED LOT LINE
ADJUSTMENT AND COASTAL PERMIT (PLANNING CASE NOS. ZON2008-00326 &
S U B2008-00004).
The motion passed on the following roll call vote:
AYES: Dyda, Wolowicz, and Mayor Clark
NOES: Stern
ABSENT: Long
PUBLIC HEARINGS:
Appeal of the Planning Commission's Approval of Case No. ZON2007-00253, a
Revised Interpretation Regarding the Coastal Setback Line on Properties in the
City's Coastal Zone (701)
City Clerk Morreale reported that notice of the public hearing was duly published, with
written protests included with the staff report.
Mayor Clark declared the public hearing open.
Senior Planner Schonborn provided a staff report and PowerPoint presentation
regarding the appeal of the Director's decision regarding the maps to be used to
establish the Coastal Setback Line (CSL) on properties in the City's Coastal Zone. He
reported on the historical methodology used to determine the CSL using the geological
maps attached to a comprehensive report prepared by Earth Sciences Associates
(ESA) in 1976. He noted that the Director's decision was appealed to the Planning
Commission. However, the Planning Commission adopted a revised interpretation on
September 8, 2009, whereby the CSL on individual properties is determined by a site
specific geologic study and the Coastal Specific Plan map; and, the current appeal of
that decision is currently before Council.
Council and staff discussion focused on the following topics: site specific geology vs.
general geologic analysis of the City's coastline bluff area; the use of the City's Zoning
Map and the more specific ESA maps which are an appendix to the Coastal Specific
Plan; and the differences in the scale of the maps.
Pamela Simes, Rancho Palos Verdes, stated that she was in support of the CSL at 150
feet from the bluff and highlighted the Coastal Commission's opinion that there should
be a more conservative approach to determine the location of the CSL to protect the
coastal bluff top.
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October 20, 2009
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Council and staff discussion focused on the following topics: the actual location of most
homes being seaward of the CSL since they were built before the City was
incorporated; different aspects of the letter from the Coastal Commission; and, a
proposed amendment to the City's Zoning Code vs. an amendment to the Local Coastal
Plan.
Brant Dveirin, Best, Best and Krieger, representative for Mr. and Mrs. Conroy, spoke in
support of staff's recommendation and stated that the Conroy's were entitled to their
permit as a matter of right, noted that they were not in favor of a moratorium, and if a
moratorium is established, the Conroy's should be exempted, since they began the
lengthy administrative process more than two years ago. He commented on the
different maps used to determine the CSL over history and stated that the location of
the pool by the Conroy's architect is landward of the CSL and the structural setback
line, and that there is a site specific geological study demonstrating that the location of
the pool is in a safe location.
Council, staff, and applicant discussion ensued regarding the following topics: the
regular permitting process that was not followed by the Conroy's; physical changes
made to the project since the stop work order was issued; and, the preparation of plans
for removal of materials and restoration of the bluff top area on the Conroy's property,
but the fact that these plans have not been submitted to the City to date.
RECESS AND RECONVENE:
Mayor Clark called a brief recess from 9:21 P.M. to 9:31 P.M.
Brian Conroy, Rancho Palos Verdes, stated that he has had one meeting with City staff
and the City geologist where the set of bluff restoration plans were reviewed and
suggested amendments to those plans raised; and he reported that the plans are ready
to be resubmitted. He reported on the process he has participated in to correct the
unpermitted work at his property.
Douglas Ross, Granada Hills, stated that one would not find an engineer or geologist
who would ever state that there is a zero chance of the bluff failing due to the surcharge
placed on it by the pool, which was built illegally.
Albert Gersten, Los Angeles, stated that he has concerns regarding a change in the
CSL because it would affect multiple properties. He noted that the Coastal Commission
has been clear that the land seaward of the CSL is zoned open space to protect the
safety of the community. He opined that Mr. Conroy should be given a permit to
remove the pool since it wasn't permitted or inspected; noted that the ESA maps have
been used historically and that there should be an Environmental Impact Report (EIR)
for the affected properties that would now be in the buildable zone.
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Rudy Maus, Rancho Palos Verdes, stated that he would like to see this matter resolved.
Jim Huston, representative of Pamela Simes, provided an analysis he made regarding
the basic coastal laws of the City of Rancho Palos Verdes which illustrate an interface
between the Coastal Specific Plan, General Plan, general maps, and ESA reports. He
requested that the City uphold the development laws and overturn the Planning
Commission decision to approve the Special Exception Permit for the Conroy's pool,
spa, and accessory structures.
Jaccoma Maultsby, Los Angeles, spoke in opposition to the staff recommendation and
stated that he believed there should be more code enforcement regarding illegal
construction so that others will not do this type of thing, which inconveniences and
possibly endangers the neighbors.
Pat Clark, Rancho Palos Verdes, stated that she believed a moratorium would not be
fair to the neighbors on the street and commented on the only time she noted problems
with the bluff during the large storm.
Bill Swank, Rancho Palos Verdes, stated that he believed Mr. Conroy would have the
right to his permit based on the law but that a moratorium seems unwarranted based on
this single incident. He opined that the ESA CSL is incorrect since it does not reflect
accurate geology; and noted that site specific geology was the accurate tool to use to
grant a permit for proposed improvements.
Lowell Wedemeyer, Rancho Palos Verdes, stated that he believed the moratorium was
a fundamentally improper way in which to directly support the ESA map and urged the
City that there was not justification for a moratorium.
Mr. Huston, representing Mrs. Simes in rebuttal, stated that site specific geology is a
requirement to obtain a Coastal Permit, noted that according to the Coastal Specific
Plan actions on properties seaward of Sea Cove Drive need to be cognizant of
geologically sensitive areas associated with the bluff and natural drainage areas.
Mr. Dveirin, in rebuttal for the Conroys, stated that their argument is based on the
premise that the building is not in the coastal zone; noted that if a moratorium is
established, his clients should not be subjected to that moratorium since they have been
working with staff for two years; and reiterated that his client will do everything in his
power to submit the plans for the bluff restoration to the City.
Council and staff discussion focused on the following issues: a brief overview of the
history regarding the approval of a project along Sea Cove Drive in prior years; the use
of the Land Use Map and ESA maps, and site specific geology as a requirement for
improvements along the Coastal Zone; the current process for the approval of a Coastal
Permit; the Coastal Commission's opinion that approval of Coastal Permits includes site
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October 20, 2009
Page 7 of 12
specific geology and setback from the bluff; and the location of the CSL as established
by the ESA report and map, but the possibility that it could be moved based on site
specific geology up to five feet by the Director of Community Development.
Mayor Clark moved, seconded by Mayor Pro Tem Wolowicz, to continue the appeal
until the applicant has submitted a formal bluff top restoration plan to the City, to be
reviewed by staff, and brought back in conjunction with this item at the December 15,
2009 Council Meeting.
The motion passed on the following roll call vote:
AYES: Dyda, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Long
Mayor Pro Tem Wolowicz moved, seconded by Councilman Stern, to direct staff to
immediately begin the process to initiate an amendment to the Municipal Code
regarding which map should be used in determining the location of the Coastal Setback
Line on individual properties.
The motion passed on the following roll call vote:
AYES: Dyda, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Long
REGULAR NEW BUSINESS:
Appeal of the Planning Commission's Approval of Case No. ZON2007-00046,
(Variance and Coastal Permit) for property located at 24 Sea Cove Drive (701)
Mayor Clark moved, seconded by Councilman Dyda, to continue this item to the
December 15, 2009 Council Meeting.
Pamela Simes, Rancho Palos Verdes, stated that she has concern regarding the
modifications to the bluff top.
Brant Dveirin, Best, Best and Krieger, representative for Mr. and Mrs. Conroy, spoke in
opposition to the Conroy's being subjected to a moratorium.
Jim Huston, representative for Pamela Simes, spoke in favor of the land use map
regarding the Variance for 24 Sea Cove Drive.
The motion for continuance passed on the following roll call vote:
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October 20, 2009
Page 8 of 12
AYES: Dyda, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Long
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
Proposition 1A Securitization Program (602)
Mayor Pro Tern Wolowicz moved, seconded by Mayor Clark, to waive the staff report of
and approve the staff recommendation to: 1) ADOPT RESOLUTION NO. 2009-78, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY
OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH
RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM
THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN
CONNECTION THEREWITH; and, 2) Approved the Purchase and Sale Agreement.
Council discussion ensued regarding the repayment of funds and issuance of a bond for
repayment to the City and questions were answered by City Attorney Lynch and
Director McLean.
The motion passed on the following roll call vote:
AYES: Dyda, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Long
Pavement Management System Update Report (1403)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Senior Engineer Jules provided a staff report and PowerPoint presentation regarding
the item.
Mayor Pro Tem Wolowicz moved, seconded by Councilman Dyda, to receive and file
the FY08-09 Pavement Management System update report.
Without objection, Mayor Clark so moved.
August 27, 2009 Portuguese Bend Fire - Lessons Learned (401)
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October 20, 2009
Page 9 of 12
Senior Administrative Analyst Gyves provided a brief staff report and PowerPoint
presentation regarding this item.
Council and staff discussion ensued regarding the history of fires on the Peninsula; the
potential to activate the Emergency Operations Center during future emergency events
for the purpose of staff training; the Sheriff as the lead agency in the Reverse 9-1-1
evacuation notification system; the role of Council Members in a time of emergency;
and plans to restore the burn area of the Portuguese Bend Reserve.
Andrea Vona, Executive Director, Palos Verdes Peninsula Land Conservancy,
responded to questions regarding the plans for restoration of the native habitat within
the burn area in the Portuguese Bend Reserve.
Councilman Stern moved, seconded by Councilman Dyda, to receive and file the
Lessons Learned report regarding the Portuguese Bend Fire.
Without objection, Mayor Clark so ordered.
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)
Mayor Pro Tem Wolowicz moved, seconded by Councilman Stern, to continue this item
to the November 17, 2009 Council Meeting.
Without objection, Mayor Clark so ordered.
Palos Verdes Nature Preserve — Palos Verdes Peninsula Land Conservancy
Annual Management Report (1201)
Director of Community Development Rojas reported that there were no changes to the
Palos Verdes Peninsula Land Conservancy Annual Management Report.
Mayor Pro Tem Wolowicz moved, seconded by Councilman Stern, to receive and file
the Palos Verdes Peninsula Land Conservancy's 2007-2008 Annual Report on
managing the City's Palos Verdes Nature Preserve.
Without objection, Mayor Clark so ordered.
Explore an Improved Control of Portuguese Bend Landslide (1900)
Councilman Dyda provided a staff report regarding this item. He reported that there has
been an increase in costs of repair of Palos Verdes Drive South over the years, and
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October 20, 2009
Page 10 of 12
continued erosion of the surf zone along the toe of the landslide. He proposed a
multiphase effort to control the Portuguese Bend Landslide which included the following
steps: evaluation of all of the available geologic data that currently exists for the area;
completion of geology studies for the remaining areas in the landslide; construction of a
facility to intercept the water entering the landslide from above and fill the fissures that
have developed in the landslide area; the addition of dewatering wells to drain the
remaining water; and the creation of an artificial reef off of the coastline to control the
erosion of the surf zone.
Council and staff discussion ensued regarding the possibility of approaching the Federal
government for funding; analysis of available geological data and the costs associated
with an additional analysis; coordination with adjacent cities; seeking grants and other
funding sources; prior Council efforts and consideration of proposals to control the
Portuguese Bend Landslide.
Councilman Dyda moved, seconded by Mayor Clark to direct staff to explore, with the
City's grant consultant, the possibility of grant funding opportunities to develop and
implement strategies for controlling the ancient Portuguese Bend Landslide, with a
report for alternatives to be brought back to Council in approximately three months.
Lowell Wedemeyer, Rancho Palos Verdes, stated that he appreciated the Council's
discussion of this matter, suggested the creation of a Geologic Hazard Abatement
District, and commented on the sources of water that impact the Portuguese Bend
Landslide.
The motion passed on the following roll call vote:
AYES: Dyda, Wolowicz, and Mayor Clark
NOES: Stern
ABSENT: Long
Future Agenda Items — Status Update and Request for Direction (307)
Mayor Pro Tern Wolowicz moved, seconded by Councilman Stern, to continue this item
to the November 17, 2009 Council Meeting.
Without objection, Mayor Clark so ordered.
CITY COUNCIL ORAL REPORTS:
Deferred to the next Council Meeting.
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October 20, 2009
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COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
Deferred to the next Council Meeting.
CLOSED SESSION REPORT:
City Attorney Lynch reported that no action was taken on either Closed Session item.
ADJOURNMENT:
Mayor Clark adjourned the meeting, at 12:22 A.M.
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W:\City Council Minutes\2009\20091020 CC MINS.doc
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