CC MINS 20100316 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MARCH 16, 2010
The meeting was called to order at 6:00 P.M. by Mayor Wolowicz at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into
Closed Session. The meeting reconvened at 7:33 P.M.
City Council roll call was answered as follows:
PRESENT: Campbell, Long, Misetich, Stern, and Mayor Wolowicz
ABSENT: None
Also present were Carolyn Lehr, City Manager; Carol Lynch, City Attorney; Dennis
McLean, Director of Finance/Information Technology; Joel Rojas, Community
Development Director; Ray Holland, Director of Public Works; Tom Odom, Interim
Director of Recreation and Parks; Greg Pfost, Deputy Community Development
Director; Kit Fox, Associate Planner; Ron Dragoo, Senior Engineer; Holly Starr,
Recreation Services Manager; Katie Howe, Administrative Analyst II; and, Carla
Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Bill Orton, representative of State Senator Roderick Wright.
MAYOR'S ANNOUNCEMENTS:
Mayor Wolowicz introduced Recreation Services Manager Starr who announced the
upcoming Egg Hunt Eggstravaganza Event scheduled for Saturday, April 3, 2010 at
Ladera Linda Community Center for children from 1 to 8 years of age.
Mayor Wolowicz highlighted and thanked community residents and business owners
who have made generous donations to the City through the City's Gifts for Parks
program.
Mayor Pro Tern Long announced the importance of residents in considering radon
testing for their homes.
Mayor Wolowicz announced that EDCO, the City's new waste collection company will
be offering senior citizen discounts for residents and noted that applications can be
found at the Public Works Department at City Hall, Hesse Park, Peninsula Seniors
Center, or downloaded from the City's or EDCO's website.
City Council Minutes
March 16, 2010
Page 1 of 10
Mayor Wolowicz announced the importance of completing the United States 2010
Census Forms that are arriving by mail.
RECYCLE DRAWING:
Mayor Wolowicz announced Recyclers of the Month from the March 2, 2010 City
Council meeting: Han Chung and Maria Zabalza. 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 THE AGENDA:
Mayor Pro Tem Long moved, seconded by Councilman Stern, to approve the agenda.
Without objection, Mayor Wolowicz so ordered.
CEREMONIAL: Mayor Wolowicz presented City tiles to former Planning Commission
Members Stephen Perestam and Edward Ruttenberg and thanked them for their many
years of service as Planning Commissioners for the City of Rancho Palos Verdes.
PUBLIC COMMENTS:
Mark Wells, Rancho Palos Verdes, stated that he was inviting residents to provide
comments on his blog site regarding their opinion of a traffic signal at the intersection of
Miraleste Drive and Palos Verdes Drive East and commented regarding the petition that
may begin circulating for Marymount College and the related costs to the City if the
petition succeeds in making it to the ballot.
Jennifer Richardson, Rancho Palos Verdes, owner of Yogurt Deck, stated she was
present to request the opportunity to reopen Annie's Stand along Palos Verdes Drive
South near Abalone Cove in partnership with Mr. Hatano. She reported that she would
like to offer food and beverage products for visitors along with Mr. Hatano's offering of
flowers and a variety of produce.
Gigi Greene, Rancho Palos Verdes, reiterated that she and Ms. Richardson would like
the opportunity to offer these services to residents and visitors and pay tribute to the
Hatano and Ishibashi families for their historical presence on the Peninsula.
Bill Orton, representative for Senator Roderick Wright, announced an invitation to a free
seminar to be held at noon on March 26, 2010, at the Palos Verdes Golf Club in Palos
Verdes Estates regarding fraudulent senior scam operations. He reported that Senator
Wright has invited State Agency representatives and local law enforcement to warn
senior citizens about scams, frauds, and bunko operations including mortgage and
insurance fraud, financial and telephone scams, and other illegal scams.
City Council Minutes
March 16, 2010
Page 2 of 10
CITY MANAGER REPORT:
City Manager Lehr reported on the recent success of the 26th Annual Whale of a Day
Event and thanked the volunteers, City staff, vendors, providers of entertainment,
donors of services and transportation, and all of the organizations that helped to make
the event such a success. City Manager Lehr introduced the City's new recreation
programs and events being offered in 2010 by the City's Recreation and Parks
Department.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence regarding Item No. 2 (Approval of
the Minutes) was distributed prior to the meeting and there was one request to speak on
that item.
Councilman Stern moved, seconded by Councilman Campbell, to approve the Consent
Calendar, with Item No. 2 (Approval of the Minutes) to be heard immediately after the
Consent Calendar.
Councilman Misetich asked for clarification regarding the Los Angeles County Sheriffs
Department expense item on Item No. 9 (Register of Demands).
In response to Councilman Misetich's inquiry, Director of Finance/IT McLean stated that
generally the payments were made monthly, but noted that Deputy City Manager Petru
who could answer the specific question was not present to answer the particulars
regarding the expense item.
City Manager Lehr reported that the annual contract with the Los Angeles County
Sheriff's Department was just under $4 million.
Mayor Wolowicz reported that there were payments over two months reflected in the
Register and that payments were received from three of the Peninsula cities (Rancho
Palos Verdes, Rolling Hills Estates, and Rolling Hills) and paid out of the City's Register
based on the Regional Contract.
The motion passed on the following roll call vote:
AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz
NOES: None
ABSENT: None
Motion to Waive Full Reading
City Council Minutes
March 16, 2010
Page 3 of 10
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
This item was removed from the Consent Calendar for separate consideration.
City Maintenance Contract Extensions
Approved a one year extension, effective April 3, 2010, to the contracts with the
following: 1) A.J. Fistes Corporation for building painting maintenance; and, 2) PCI for
pavement striping maintenance.
Claim Against the City by Randall Fleece
Rejected the claim and directed staff to notify the claimant.
Third Amendment to the City Manager's Employment Agreement
Approved the Third Amendment to the City Manager's Employment Agreement.
Adoption of Ordinance No. 506 —Amendments to City's Graffiti Prevention and
Removal Ordinance
ADOPTED ORDINANCE NO. 506, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, AMENDING CHAPTER 9.28 OF TITLE 9 OF THE RANCHO PALOS
VERDES MUNICIPAL CODE REGARDING THE CITY'S PROCEDURES FOR
PREVENTION AND REMOVAL OF GRAFFITI.
Gifts for Parks
Accepted Gifts for Parks donations and directed staff to prepare donor letters of
appreciation for the Mayor's signature.
Award of Custodial Services Project Contract
1) Approved project and awarded a three-year contract to Great Cleaning Services with
an option to renew for three one-year extensions by mutual agreement; and,
2) Authorized the expenditure of$69,264 for the first year with an additional allowance
for non-scheduled cleaning in the amount of$6,000 for a total first year amount of
$75,264.
Register of Demands
City Council Minutes
March 16, 2010
Page 4 of 10
ADOPTED RESOLUTION NO. 2010-17, 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:
Approval of the Minutes
Dana Ireland, Rancho Palos Verdes, stated that when his project was before Council
there were discussions regarding a ten percent reduction in the project and he had
interpreted that to mean a ten percent reduction in the overall size of the buildable areas
of the project, while the minutes reflected a ten percent reduction of size in each home.
He asked for clarification regarding the intention from the maker of the motion and all of
the Council Members.
Director Rojas stated that at the time the motion was made, staffs understanding was
that each house would be reduced ten percent. He reported that staff reviewed the
video of the February 2, 2010 Council Meeting and noted that just prior to the vote City
Attorney Lynch clarified that if the motion passed, each structure size would be reduced
by ten percent. He noted that this was the action memorialized in the adopted
resolution.
Councilman Campbell stated that his intent regarding the ten percent reduction was for
an overall average reduction of ten percent across the four houses, which would
accomplish the overall look of the neighborhood yet allow the developer the flexibility he
needs to design a good product.
Council and staff discussion ensued regarding the intention and understanding of the
different Council Members on the matter of the ten percent reduction.
Council directed staff to return with an Interpretation Hearing to clarify this specific item.
The Council clarified that the Interpretation Hearing was being requested by the City
Council for purposes of clarification.
Without objection, Mayor Wolowicz so ordered.
Councilman Stern moved, seconded by Mayor Pro Tem Long, to approve the Minutes of
the February 2, 2010 Regular Meeting, as presented; the February 16, 2010 Regular
Meeting, as amended; and, the Adjourned Regular Meeting of March 2, 2010
(Interviews), as presented.
Without objection, Mayor Wolowicz so ordered.
City Council Minutes
March 16, 2010
Page 5 of 10
PUBLIC HEARINGS:
Revision "UU" to the Trump National Golf Course Project
City Clerk Morreale reported that notice of the public hearing was duly published and no
written protests received, late correspondence was distributed prior to the meeting, and
there were no requests to speak on the item.
Mayor Wolowicz declared the public hearing open.
Deputy Director of Community Development Pfost provided a staff report regarding the
extension of the temporary use of the Driving Range and the Development Agreement
for an additional 6 months to September 21, 2010.
There were no requests to speak regarding the item.
Mayor Wolowicz declared the public hearing closed.
Councilman Misetich moved, seconded by Councilman Stern, to 1) ADOPT
RESOLUTION NO. 2010-18, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, ADOPTING ADDENDUM 40 TO ENVIRONMENTAL
IMPACT REPORT NO. 36; 2) ADOPT URGENCY ORDINANCE NO. 507U, AN
ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, APPROVING
AMENDMENT NO. 9 TO THE TRUMP NATIONAL DEVELOPMENT AGREEMENT,
AUTHORIZING AN EXTENSION TO THE DEVELOPMENT AGREEMENT TO
SEPTEMBER 21, 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. 2010-19, 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 SEPTEMBER 21, 2010.
The motion passed on the following roll call vote:
AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz
NOES: None
ABSENT: None
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
City Council Minutes
March 16, 2010
Page 6 of 10
Selection of a Consultant and Approval of a Budget Adjustment for the
Preparation of an Environmental Impact Report for the Zone 2 Landslide
Moratorium Ordinance Revisions (Planning Case No. ZON2009-00409)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Associate Planner Fox provided a brief staff report regarding the process of the
selection of a consultant to prepare an Environmental Impact Report (EIR) for the
Zone 2 Landslide Moratorium Ordinance Revisions.
Council and staff discussion ensued regarding the cost differential between the
proposals from Rincon Consultants, Inc. and PCR Services Corporation and the
reasons for staff's selection of PCR Services Corporation.
In response to a question from Councilman Misetich, Associate Planner Fox stated that
although staff has been happy with the work performed by Rincon Consultants, Inc.,
staff had concerns that, with the firm's present workload with the Annenberg and Lower
Pt. Vicente Project, Rincon Consultants, Inc. might be taking on more than it could
handle with another fairly controversial EIR project. He concluded that aside from that
staff had no reservations with Rincon Consultants, Inc.
Council and staff discussion continued regarding economies of scale and the potential
savings to the City of selecting Rincon Consultants, Inc. rather than PCR Services
Corporation.
Mayor Pro Tem Long moved, seconded by Councilman Campbell to select Rincon
Consultants, Inc. to prepare an Environmental Impact Report (EIR) for the Zone 2
Landslide Moratorium Ordinance Revisions (Planning Case No. ZON2009-00409).
Council and staff discussion continued regarding the reasons that staff selected PCR
Services Corporation, noting that staff was not familiar with the work of Rincon's
proposed geotechnical subconsultant.
Mayor Wolowicz proposed an amendment to the motion to select Rincon Consultants,
Inc. with the understanding that staff confirm that the geology issues can be adequately
addressed by the firm, and if not, staff was directed to return with alternatives for
consideration by the Council.
The maker and seconder of the motion accepted the amendment.
Mayor Pro Tem Long restated the motion to 1) Select Rincon Consultants, Inc. to
prepare an Environmental Impact Report (EIR) for the Zone 2 Landslide Moratorium
Ordinance Revisions (Planning Case No. ZON2009-00409); 2) Direct staff to confirm
that the geology issues can be adequately addressed by the firm, and if not, staff was
City Council Minutes
March 16, 2010
Page 7 of 10
directed to return with alternatives for consideration by the Council; and, 3) Staff was
directed to return with a resolution to commemorate the Council's decision on the
budget adjustment to be placed on the Consent Calendar of the next Regular Meeting.
The motion passed on the following roll call vote:
AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz
NOES: None
ABSENT: None
Management of Rentals at Founders Park
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Interim Director of Recreation and Parks Odom provided a brief staff report regarding
the Management of Rentals at Founders Park.
Council and staff discussion ensued.
David Conforti, General Manager, Trump National Golf Course, stated that the
Management Agreement regarding Rentals at Founders Park was a very collaborative
effort between staff and the Trump organization resulting in a win-win situation.
Councilman Misetich moved, seconded by Councilman Stern, to approve staff
recommendation to approve the 18-month agreement with VH Properties (Trump
National Golf Club) for management services for rentals at Founders Park.
The motion passed on the following roll call vote:
AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz
NOES: None
ABSENT: None
Award the Design Contract for the Project Study Report for the Lower San Ramon
Canyon Stabilization Project
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting, there was one request to speak, and the speaker had provided material to
distribute regarding the item.
Senior Engineer Dragoo provided a staff report and PowerPoint presentation regarding
the tenuous situation of the potential loss of access roads due to movement of the land
and erosion damage resulting from storms in the Lower San Ramon Canyon area
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March 16, 2010
Page 8 of 10
Craig Mueller, representing the Mediterranea Homeowner's Association (HOA), Rancho
Palos Verdes, stated that his HOA has concerns regarding access to their
neighborhood due to continuing erosion, drainage, and landslide problems in the Lower
San Ramon Canyon. He suggested the City seek an interim solution to prevent some
of the water draining into the canyon if funding for the entire project was not available;
data collection with additional monitoring sites and more frequent monitoring;
appropriate scheduling of the project after the gathering of data; and inquired as to the
tasks and milestones regarding the geology.
Mayor Pro Tem Long moved, seconded by Councilman Stern, to approve the staff
recommendation to 1) Award a Professional Services Contract to Harris and Associates
in the amount of$506,300 to produce a Project Study Report for the Lower San Ramon
Canyon Stabilization Project; and, 2) Authorize a project contingency in the amount of
$102,000 to be used in addressing unforeseen conditions and/or to investigate issues
beyond the identified scope of work.
Council and staff discussion ensued regarding the best qualified professional
engineering team necessary to approach a project of this size and scope.
The motion passed on the following roll call vote:
AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz
NOES: None
ABSTAIN: None
ABSENT: None
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
February 16, 2010.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
Councilman Campbell inquired if it would be appropriate to place an item on a future
agenda regarding a general discussion of the Marymount College Initiative that will be
circulated to be placed on the November ballot.
City Attorney Lynch replied that typically if the proponents circulate and obtain the
requisite number of signatures, the Council will at that time consider the options to
either call the election or adopt the initiative as proposed. She added that Principal
Planner Mihranian had prepared a summary report comparing the project as approved
by the Planning Commission versus the project as proposed by the initiative. She
advised that individual Council Members can take a position as they wish regarding the
City Council Minutes
March 16, 2010
Page 9 of 10
initiative, but that the Council as a whole takes no position either in support of or in
opposition to the initiative.
Council and staff discussion ensued regarding the timing of the process in order to
place an item on the agenda regarding the proposed initiative.
CLOSED SESSION REPORT:
City Attorney Lynch reported on the following Closed Session items: 1) The City Council
concluded the discussion of the City Manager's Performance Evaluation; 2) With
respect to the existing litigation with VH Property Corp. and VHPS LLC v. City of
Rancho Palos Verdes, a report was provided and no action taken; 3) With respect to the
existing litigation with Monks v. City of Rancho Palos Verdes, a report was provided and
no action taken; and, 4) With respect to the possibility of potential initiation of litigation
regarding a slope failure, no action was taken, with all five Council Members present for
all items.
ADJOURNMENT:
At 10:01 P.M., Mayor Wolowicz adjourned the meeting to Tuesday, March 30, 2010 at
6:00 P.M. at Hesse Park for an Adjourned Regular Meeting.
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City Clerk
W:\City Council Minutes\2010\20100316 CC MINS.doc
City Council Minutes
March 16, 2010
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